[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1997 Edition]
[From the U.S. Government Publishing Office]


          40



          Protection of Environment



[[Page i]]

          PARTS 63 TO 71

          Revised as of July 1, 1997
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF JULY 1, 1997
          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]]

                                      

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

                           As of July 1, 1997

                        Title 40, Parts 61 to 71

                       Revised as of July 1, 1996

                       Is Replaced by Two Volumes

                        Title 40, Parts 61 to 62

                                   and

                        Title 40, Parts 63 to 71

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


                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1997



               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..........    1289
    Table of CFR Titles and Chapters..........................    1291
    Alphabetical List of Agencies Appearing in the CFR........    1307
    Table of OMB Control Numbers..............................    1317
    List of CFR Sections Affected.............................    1337

[[Page iv]]



      



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

  Cite this Code:  CFR                                                         
                                                                                                                
  To cite the regulations in this volume use title, part                       
  and section number. Thus, 40 CFR 63.1 refers to title                       
  40, part 63, section 1.                                                     
                                  ----------------------------------------------------------                    
                                                                                                                

      

[[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, 1997), 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 
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Customer Service call 202-512-1803.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 1997.



[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of twenty-two 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, parts 52.01-52.1018, part 52.1019-end, parts 
53-59, part 60, parts 61-62, parts 63-71, parts 72-80, parts 81-85, part 
86, parts 87-135, parts 136-149, parts 150-189, parts 190-259, parts 
260-265, parts 266-299, 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, 1997.

    Chapter I--Environmental Protection Agency appears in all twenty-two 
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 50-51, 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 50 to the end.

    For this volume, Ruth Reedy Green 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 63-71)

  --------------------------------------------------------------------
                                                                    Part

[[Page 3]]

Chapter i--Environmental Protection Agency (Continued)......          63


               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY




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

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)

Part                                                                Page
63              National emission standards for hazardous 
                    air pollutants for source categories....           5
66              Assessment and collection of noncompliance 
                    penalties by EPA........................        1128
67              EPA approval of State noncompliance penalty 
                    program.................................        1142
68              Chemical accident prevention provisions.....        1148
69              Special exemptions from requirements of the 
                    Clean Air Act...........................        1183
70              State operating permit programs.............        1194
71              Federal operating permit programs...........        1232

  Editorial Note: Subchapter C--Air Programs is continued in the volumes 
containing 40 CFR parts 72-80, 81-85, 86, and 87-135, 136-149.

[[Page 5]]



                 SUBCHAPTER C--AIR PROGRAMS (Continued)





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  Applicability of Secs. 63.40 through 63.44.
63.41  Definitions.
63.42  Program requirements governing construction or reconstruction of 
          major sources.
63.43  Maximum achievable control technology (MACT) determinations for 
          constructed and reconstructed major sources.
63.44  Requirements for constructed or reconstucted major sources 
          subject to a subsequently promulgated MACT standard or MACT 
          requirement.
63.45-63.49  [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.
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.

[[Page 6]]

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
Table 4 to Subpart F--Organic Hazardous Air Pollutants Subject to 
          Cooling Tower Monitoring Requirements in Sec. 63.104

    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 recordkeeping and 
          reporting.
63.131  [Reserved]
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.
63.136  Process wastewater provisions--individual drain systems.
63.137  Process wastewater provisions--oil-water separators.
63.138  Process wastewater provisions--performance standards for 
          treatment processes managing Group 1 wastewater streams and/or 
          residuals removed from Group 1 wastewater streams.
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 
          (determining which wastewater streams require control).
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  Control requirements for certain liquid streams in open systems 
          within a chemical manufacturing process unit.
63.150  Emissions averaging provisions.
63.151  Initial notification.
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.

[[Page 7]]

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

  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.

[[Page 8]]

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

   Subpart U--National Emission Standards for Hazardous Air Pollutant 
                 Emissions: Group I Polymers and Resins

63.480  Applicability and designation of affected sources.
63.481  Compliance schedule and relationship to existing applicable 
          rules.
63.482  Definitions.
63.483  Emission standards.
63.484  Storage vessel provisions.
63.485  Continuous front-end process vent provisions.
63.486  Batch front-end process vent provisions.
63.487  Batch front-end process vents--reference control technology.
63.488  Methods and procedures for batch front-end process vent group 
          determination.
63.489  Batch front-end process vents--monitoring requirements
63.490  Batch front-end process vents--performance test methods and 
          procedures to determine compliance.
63.491  Batch front-end process vents--recordkeeping requirements.
63.492  Batch front-end process vents--reporting requirements.
63.493  Back-end process provisions.
63.494  Back-end process provisions--residual organic HAP limitations.
63.495  Back-end process provisions--procedures to determine compliance 
          using stripping technology.
63.496  Back-end process provisions--procedures to determine compliance 
          using control or recovery devices.
63.497  Back-end process provisions--monitoring provisions for control 
          and recovery devices.
63.498  Back-end process provisions--recordkeeping.
63.499  Back-end process provisions--reporting.
63.500  Back-end process provisions--carbon disulfide limitations for 
          styrene butadiene rubber by emulsion processes.
63.501  Wastewater provisions.
63.502  Equipment leak provisions.
63.503  Emissions averaging provisions.
63.504  Additional test methods and procedures.
63.505  Parameter monitoring levels and excursions.
63.506  General recordkeeping and reporting provisions.

Table 1 to Subpart U--Applicability of General Provisions to Subpart U 
          Affected Sources
Table 2 to Subpart U--Applicability of Subparts F, G, and H to Subpart U 
          Affected Sources
Table 3 to Subpart U--Group 1 Storage Vessels at Existing Affected 
          Sources
Table 4 to Subpart U--Group 1 Storage Vessels at New Sources
Table 5 to Subpart U--Known Organic HAP From Elastomer Products
Table 6 to Subpart U--Group 1 Batch Front-End Process Vents--Monitoring, 
          Recordkeeping, and Reporting Requirements
Table 7 to Subpart U--Operating Parameters for Which Monitoring Levels 
          Are Required To Be Established for Continuous and Batch Front-
          End Process Vents and Aggregate Batch Vent Streams
Table 8 to Subpart U--Summary of Compliance Alternative Requirements for 
          the Back-End Process Provisions

[[Page 9]]

                          Subpart 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

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 vent 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)

[[Page 10]]

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

                          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]

[[Page 11]]

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.
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 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.

                       Subparts WW-III [Reserved]

  Subpart JJJ--National Emission Standards for Hazardous Air Pollutant 
                 Emissions: Group IV Polymers and Resins

63.1310  Applicability and designation of affected sources.
63.1311  Compliance schedule and relationship to existing applicable 
          rules.
63.1312  Definitions.
63.1313  Emission standards.
63.1314  Storage vessel provisions.
63.1315  Continuous process vents provisions.
63.1316  PET and polystyrene continuous process affected sources--
          emissions control provisions.
63.1317  PET and polystyrene continuous process affected sources--
          monitoring provisions.
63.1318  PET and polystyrene continuous process affected sources--
          testing and compliance demonstration provisions.
63.1319  PET and polystyrene continuous process affected sources--
          recordkeeping provisions.
63.1320  PET and polystyrene continuous process affected sources--
          reporting provisions.
63.1321  Batch process vents provisions.
63.1322  Batch process vents--reference control technology.
63.1323  Batch process vents--methods and procedures for group 
          determination.
63.1324  Batch process vents--monitoring provisions.
63.1325  Batch process vents--performance test methods and procedures to 
          determine compliance.
63.1326  Batch process vents--recordkeeping provisions.
63.1327  Batch process vents--reporting provisions.
63.1328  Heat exchange systems provisions.
63.1329  Process contact cooling towers provisions.
63.1330  Wastewater provisions.
63.1331  Equipment leak provisions.
63.1332  Emissions averaging provisions.
63.1333  Additional test methods and procedures.
63.1334  Parameter monitoring levels and excursions.
63.1335  General recordkeeping and reporting provisions.

Table 1 to Subpart JJJ--Applicability of General Provisions to Subpart 
          JJJ Affected Sources
Table 2 to Subpart JJJ--Group 1 Storage Vessels at Existing Affected 
          Sources
Table 3 to Subpart JJJ--Group 1 Storage Vessels at Existing Affected 
          Sources Producing the Listed Thermoplastics

[[Page 12]]

Table 4 to Subpart JJJ--Group 1 Storage Vessels at New Affected Sources
Table 5 to Subpart JJJ--Group 1 Storage Vessels at New Affected Sources 
          Producing the Listed Thermoplastics
Table 6 to Subpart JJJ--Known Organic Hazardous Air Pollutants From 
          Thermoplastics Products
Table 7 to Subpart JJJ--Group 1 Batch Process Vents--Monitoring, 
          Recordkeeping, and Reporting Requirements
Table 8 to Subpart JJJ--Operating Parameters for Which Levels are 
          Required to be Established for Continuous and Batch Process 
          Vents and Aggregate Batch Vent Streams

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 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

[[Page 13]]

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.
    (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

[[Page 14]]

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).
    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.

[[Page 15]]

    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.
    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

[[Page 16]]

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 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

[[Page 17]]

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 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.

[[Page 18]]

    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 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

[[Page 19]]

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 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

[[Page 20]]

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.
    (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--

[[Page 21]]

    (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 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

[[Page 22]]

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;
    (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

[[Page 23]]

    (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 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.

[[Page 24]]

    (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 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

[[Page 25]]

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 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

[[Page 26]]

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.
    (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

[[Page 27]]

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 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))).

[[Page 28]]

    (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.
    (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

[[Page 29]]

    (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, 
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

[[Page 30]]

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 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

[[Page 31]]

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.
    (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.

[[Page 32]]

    (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 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

[[Page 33]]

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 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

[[Page 34]]

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 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.

[[Page 35]]

    (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.
    (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

[[Page 36]]

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.
    (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

[[Page 37]]

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.
    (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

[[Page 38]]

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);
    (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

[[Page 39]]

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 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.

[[Page 40]]

    (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 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,

[[Page 41]]

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 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

[[Page 42]]

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:
    (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

[[Page 43]]

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 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;

[[Page 44]]

    (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.
    (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

[[Page 45]]

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 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

[[Page 46]]

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.
    (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

[[Page 47]]

    (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 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

[[Page 48]]

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 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

[[Page 49]]

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);
    (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

[[Page 50]]

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 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

[[Page 51]]

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 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

[[Page 52]]

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 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

[[Page 53]]

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 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);

[[Page 54]]

    (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 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--

[[Page 55]]

    (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 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

[[Page 56]]

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 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

[[Page 57]]

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 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.

[[Page 58]]

    (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 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;

[[Page 59]]

    (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
    (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

[[Page 60]]

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 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

[[Page 61]]

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.



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.

[[Page 62]]

    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.
    (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.
    (8) ASTM D523-89, Standard Test Method for Specular Gloss, IBR 
approved for Sec. 63.782.
    (9) ASTM D1475-90, Standard Test Method for Density of Paint, 
Varnish, Lacquer, and Related Products, IBR approved for Sec. 63.788 
appendix A.
    (10) ASTM D2369-93, Standard Test Method for Volatile Content of 
Coatings, IBR approved for Sec. 63.788 appendix A.

[[Page 63]]

    (11) ASTM D3912-80, Standard Test Method for Chemical Resistance of 
Coatings Used in Light-Water Nuclear Power Plants, IBR approved for 
Sec. 63.782.
    (12) 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.
    (13) 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.
    (14) 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.
    (15) 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.
    (16) ASTM D3257-93, Standard Test Methods for Aromatics in Mineral 
Spirits by Gas Chromatography, IBR approved for Sec. 63.786(b).
    (17) ASTM E260-91, Standard Practice for Packed Column Gas 
Chromatography, IBR approved for Sec. 63.786(b).
    (18) 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; 61 FR 
66227, Dec. 17, 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.
    (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.

[[Page 64]]



Sec. 63.40  Applicability of Secs. 63.40 through 63.44.

    (a) Applicability. The requirements of Secs. 63.40 through 63.44 of 
this subpart carry out section 112(g)(2)(B) of the 1990 Amendments.
    (b) Overall requirements. The requirements of Secs. 63.40 through 
63.44 of this subpart apply to any owner or operator who constructs or 
reconstructs a major source of hazardous air pollutants after the 
effective date of section 112(g)(2)(B) (as defined in Sec. 63.41) and 
the effective date of a title V permit program in the State or local 
jurisdiction in which the major source is (or would be) located unless 
the major source in question has been specifically regulated or exempted 
from regulation under a standard issued pursuant to section 112(d), 
section 112(h), or section 112(j) and incorporated in another subpart of 
part 63, or the owner or operator of such major source has received all 
necessary air quality permits for such construction or reconstruction 
project before the effective date of section 112(g)(2)(B).
    (c) Exclusion for electric utility steam generating units. The 
requirements of this subpart do not apply to electric utility steam 
generating units unless and until such time as these units are added to 
the source category list pursuant to section 112(c)(5) of the Act.
    (d) Relationship to State and local requirements. Nothing in this 
subpart shall prevent a State or local agency from imposing more 
stringent requirements than those contained in this subpart.
    (e) Exclusion for stationary sources in deleted source categories. 
The requirements of this subpart do not apply to stationary sources that 
are within a source category that has been deleted from the source 
category list pursuant to section 112(c)(9) of the Act.
    (f) Exclusion for research and development activities. The 
requirements of this subpart do not apply to research and development 
activities, as defined in Sec. 63.41.

[61 FR 68399, Dec. 27, 1996]



Sec. 63.41  Definitions.

    Terms used in this subpart that are not defined in this section have 
the meaning given to them in the Act and in subpart A.
    Affected source means the stationary source or group of stationary 
sources which, when fabricated (on site), erected, or installed meets 
the definition of ``construct a major source'' or the definition of 
``reconstruct a major source'' contained in this section.
    Affected States are all States:
    (1) Whose air quality may be affected and that are contiguous to the 
State in which a MACT determination is made in accordance with this 
subpart; or
    (2) Whose air quality may be affected and that are within 50 miles 
of the major source for which a MACT determination is made in accordance 
with this subpart.
    Available information means, for purposes of identifying control 
technology options for the affected source, information contained in the 
following information sources as of the date of approval of the MACT 
determination by the permitting authority:
    (1) A relevant proposed regulation, including all supporting 
information;
    (2) Background information documents for a draft or proposed 
regulation;
    (3) Data and information available for the Control Technology Center 
developed pursuant to section 113 of the Act;
    (4) Data and information contained in the Aerometric Informational 
Retrieval System including information in the MACT data base;
    (5) Any additional information that can be expeditiously provided by 
the Administrator; and
    (6) For the purpose of determinations by the permitting authority, 
any additional information provided by the applicant or others, and any 
additional information considered available by the permitting authority.
    Construct a major source means:
    (1) To fabricate, erect, or install at any greenfield site a 
stationary source or group of stationary sources which is located within 
a contiguous area and under common control and which emits or has the 
potential to emit 10 tons per year of any HAP's or 25 tons per year of 
any combination of HAP, or
    (2) To fabricate, erect, or install at any developed site a new 
process or

[[Page 65]]

production unit which in and of itself emits or has the potential to 
emit 10 tons per year of any HAP or 25 tons per year of any combination 
of HAP, unless the process or production unit satisfies criteria in 
paragraphs (2) (i) through (vi) of this definition.
    (i) All HAP emitted by the process or production unit that would 
otherwise be controlled under the requirements of this subpart will be 
controlled by emission control equipment which was previously installed 
at the same site as the process or production unit;
    (ii) (A) The permitting authority has determined within a period of 
5 years prior to the fabrication, erection, or installation of the 
process or production unit that the existing emission control equipment 
represented best available control technology (BACT), lowest achievable 
emission rate (LAER) under 40 CFR part 51 or 52, toxics--best available 
control technology (T-BACT), or MACT based on State air toxic rules for 
the category of pollutants which includes those HAP's to be emitted by 
the process or production unit; or
    (B) The permitting authority determines that the control of HAP 
emissions provided by the existing equipment will be equivalent to that 
level of control currently achieved by other well-controlled similar 
sources (i.e., equivalent to the level of control that would be provided 
by a current BACT, LAER, T-BACT, or State air toxic rule MACT 
determination);
    (iii) The permitting authority determines that the percent control 
efficiency for emissions of HAP from all sources to be controlled by the 
existing control equipment will be equivalent to the percent control 
efficiency provided by the control equipment prior to the inclusion of 
the new process or production unit;
    (iv) The permitting authority has provided notice and an opportunity 
for public comment concerning its determination that criteria in 
paragraphs (2)(i), (2)(ii), and (2)(iii) of this definition apply and 
concerning the continued adequacy of any prior LAER, BATC, T-BACT, or 
State air toxic rule MACT determination;
    (v) If any commenter has asserted that a prior LAER, BACT, T-BACT, 
or State air toxic rule MACT determination is no longer adequate, the 
permitting authority has determined that the level of control required 
by that prior determination remains adequate; and
    (vi) Any emission limitations, work practice requirements, or other 
terms and conditions upon which the above determinations by the 
permitting authority are applicable requirements under section 504(a) 
and either have been incorporated into any existing title V permit for 
the affected facility or will be incorporated into such permit upon 
issuance.
    Control technology means measures, processes, methods, systems, or 
techniques to limit the emission of hazardous air pollutants through 
process changes, substitution of materials or other modifications;
    (1) Reduce the quantity of, or eliminate emissions of, such 
pollutants through 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.
    Effective date of section 112(g)(2)(B) in a State or local 
jurisdiction means the effective date specified by the permitting 
authority at the time the permitting authority adopts a program to 
implement section 112(g) with respect to construction or reconstruction 
or major sources of HAP, or June 29, 1998 whichever is earlier.
    Electric utility steam generating unit means any fossil fuel fired 
combustion unit of more than 25 megawatts that serves a generator that 
produces electricity for sale. A unit that co-generates steam and 
electricity and supplies more than one-third of its potential electric 
output capacity and more than 25 megawatts electric output to any 
utility power distribution system for sale shall be considered an 
electric utility steam generating unit.

[[Page 66]]

    Greenfield suite means a contiguous area under common control that 
is an undeveloped site.
    List of Source Categories means the Source Category List required by 
section 112(c) of the Act.
    Maximum achievable control technology (MACT) emission limitation for 
new sources means the emission limitation which is not less stringent 
that the emission limitation achieved in practice by the best controlled 
similar source, and which reflects the maximum degree of deduction in 
emissions 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 the constructed or reconstructed major source.
    Notice of MACT Approval means a document issued by a permitting 
authority containing all federally enforceable conditions necessary to 
enforce the application and operation of MACT or other control 
technologies such that the MACT emission limitation is met.
    Permitting authority means the permitting authority as defined in 
part 70 or 71 of this chapter.
    Process or production unit means any collection of structures and/or 
equipment, that processes assembles, applies, or otherwise uses material 
inputs to produce or store an intermediate or final product. A single 
facility may contain more than one process or production unit.
    Reconstruct a major source means the replacement of components at an 
existing process or production unit that in and of itself emits or has 
that potential to emit 10 tons per year of any HAP or 25 tons per year 
of any combination of HAP, whenever:
    (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 process or production unit; and
    (2) It is technically and economically feasible for the 
reconstructed major source to meet the applicable maximum achievable 
control technology emission limitation for new sources established under 
this subpart.
    Research and development activities means activities conducted at a 
research or laboratory facility whose primary purpose is to conduct 
research and development into 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 sale or 
exchange for commercial profit, except in a de minimis manner.
    Similar source means a stationary source or process that has 
comparable emissions and is structurally similar in design and capacity 
to a constructed or reconstructed major source such that the source 
could be controlled using the same control technology.

[61 FR 68399, Dec. 27, 1996]



Sec. 63.42  Program requirements governing construction or reconstruction of major sources.

    (a) Adoption of program. Each permitting authority shall review its 
existing programs, procedures, and criteria for preconstruction review 
for conformity to the requirements established by Secs. 63.40 through 
63.44, shall make any additions and revisions to its existing programs, 
procedures, and criteria that the permitting authority deems necessary 
to properly effectuate Secs. 63.40 through 63.44, and shall adopt a 
program to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP. As part of the adoption by the 
permitting authority of a program to implement section 112(g) with 
respect to construction or reconstruction of major sources of HAP, the 
chief executive officer of the permitting authority shall certify that 
the program satisfies all applicable requirements established by 
Secs. 63.40 through 63.44, and shall specify an effective date for that 
program which is not later than June 29, 1998. Prior to the specified 
effective date, the permitting authority shall publish a notice stating 
that the permitting authority has adopted a program to implement section 
112(g) with respect to construction or reconstruction of major sources 
of HAP and stating the effective date, and shall provide a written 
description of the program to the Administrator through the appropriate 
EPA Regional

[[Page 67]]

Office. Nothing in this section shall be construed either:
    (1) To require that any owner or operator of a stationary source 
comply with any requirement adopted by the permitting authority which is 
not intended to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP; or
    (2) To preclude the permitting authority from enforcing any 
requirements not intended to implement section 112(g) with respect to 
construction or reconstruction of major sources of HAP under any other 
provision of applicable law.
    (b) Failure to adopt program. In the event that the permitting 
authority fails to adopt a program to implement section 112(g) with 
respect to construction or reconstruction of major sources of HAP with 
an effective date on or before June 29, 1998, and the permitting 
authority concludes that it is able to make case-by-case MACT 
determinations which conform to the provisions of Sec. 63.43 in the 
absence of such a program, the permitting authority may elect to make 
such determinations. However, in those instances where the permitting 
authority elects to make case-by-case MACT determinations in the absence 
of a program to implement section 112(g) with respects to construction 
or reconstruction of major sources of HAP, no such case-by-case MACT 
determinations shall take effect until after it has been submitted by 
the permitting authority in writing to the appropriate EPA Regional 
Office and the EPA Regional Office has concurred in writing that the 
case-by-case MACT determination by the permitting authority is in 
conformity with all requirements established by Secs. 63.40 through 
63.44. In the event that the permitting authority fails to adopt a 
program to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP with an effective date on or 
before June 29, 1998, and the permitting authority concludes that it is 
unable to make case-by-case MACT determinations in the absence of such a 
program, the permitting authority may request that the EPA Regional 
Office adopt and implement a transitional program to implement section 
112(g) with respect to construction or reconstruction of major sources 
of HAP in the affected State of local jurisdiction while the permitting 
authority completes development and adoption of a section 112(g) 
program. Any such transitional section 112(g) program adopted by the EPA 
Regional Office shall conform to all requirements established by 
Secs. 63.40 through 63.44, and shall remain in effect for no more than 1 
year. Continued failure by the permitting authority to adopt a program 
to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP shall be construed as a failure 
by the permitting authority to adequately administer and enforce its 
title V permitting program and shall constitute cause by EPA to apply 
the sanctions and remedies set forth in the Clean Air Act section 
502(I).
    (c) Prohibition. After the effective date of section 112(g)(2)(B) 
(as defined in Sec. 63.41) in a State or local jurisdiction and the 
effective date of the title V permit program applicable to that State or 
local jurisdiction, no person may begin actual construction or 
reconstruction of a major source of HAP in such State or local 
jurisdiction unless:
    (1) The major source in question has been specifically regulated or 
exempted from regulation under a standard issued pursuant to section 
112(d), section 112(h) or section 112(j) in part 63, and the owner and 
operator has fully complied with all procedures and requirements for 
preconstruction review established by that standard, including any 
applicable requirements set forth in subpart A of this part 63; or
    (2) The permitting authority has made a final and effective case-by-
case determination pursuant to the provisions of Sec. 63.43 such that 
emissions from the constructed or reconstructed major source will be 
controlled to a level no less stringent than the maximum achievable 
control technology emission limitation for new sources.

[61 FR 68400, Dec. 27, 1996]

[[Page 68]]



Sec. 63.43  Maximum achievable control technology (MACT) determinations for constructed and reconstructed major sources.

    (a) Applicability. The requirements of this section apply to an 
owner or operator who constructs or reconstructs a major source of HAP 
subject to a case-by-case determination of maximum achievable control 
technology pursuant to Sec. 63.42(c).
    (b) Requirements for constructed and reconstructed major sources. 
When a case-by-case determination of MACT is required by Sec. 63.42(c), 
the owner and operator shall obtain from the permitting authority an 
approved MACT determination according to one of the review options 
contained in paragraph (c) of this section.
    (c) Review options. (1) When the permitting authority requires the 
owner or operator to obtain, or revise, a permit issued pursuant to 
title V of the Act before construction or reconstruction of the major 
source, or when the permitting authority allows the owner or operator at 
its discretion to obtain or revise such a permit before construction or 
reconstruction, and the owner or operator elects that option, the owner 
or operator shall follow the administrative procedures in the program 
approved under title V of the Act (or in other regulations issued 
pursuant to title V of the Act, where applicable).
    (2) When an owner or operator is not required to obtain or revise a 
title V permit (or other permit issued pursuant to title V of the Act) 
before construction or reconstruction, the owner or operator (unless the 
owner or operator voluntarily follows the process to obtain a title V 
permit) shall either, at the discretion of the permitting authority:
    (i) Apply for and obtain a Notice of MACT Approval according to the 
procedures outlined in paragraphs (f) through (h) of this section; or
    (ii) Apply for a MACT determination under any other administrative 
procedures for preconstruction review and approval established by the 
permitting authority for a State or local jurisdiction which provide for 
public participation in the determination, and ensure that no person may 
begin actual construction or reconstruction of a major source in that 
State or local jurisdiction unless the permitting authority determines 
that the MACT emission limitation for new sources will be met.
    (3) When applying for a permit pursuant to title V of the Act, an 
owner or operator may request approval of case-by-case MACT 
determinations for alternative operating scenarios. Approval of such 
determinations satisfies the requirements of section 112(g) of each such 
scenario.
    (4) Regardless of the review process, the MACT emission limitation 
and requirements established shall be effective as required by paragraph 
(j) of this section, consistent with the principles established in 
paragraph (d) of this section, and supported by the information listed 
in paragraph (e) of this section. The owner or operator shall comply 
with the requirements in paragraphs (k) and (l) of this section, and 
with all applicable requirements in subpart A of this part.
    (d) Principles of MACT determinations. The following general 
principles shall govern preparation by the owner or operator of each 
permit application or other application requiring a case-by-case MACT 
determination concerning construction or reconstruction of a major 
source, and all subsequent review of and actions taken concerning such 
an application by the permitting authority:
    (1) The MACT emission limitation or MACT requirements recommended by 
the applicant and approved by the permitting authority shall not be less 
stringent than the emission control which is achieved in practice by the 
best controlled similar source, as determined by the permitting 
authority.
    (2) Based upon available information, as defined in this subpart, 
the MACT emission limitation and control technology (including any 
requirements under paragraph (d)(3) of this section) recommended by the 
applicant and approved by the permitting authority shall achieve the 
maximum degree of reduction in emissions of HAP which can be achieved by 
utilizing those control technologies that can be identified from the 
available information, taking into consideration the costs of achieving 
such emission reduction and any

[[Page 69]]

non-air quality health and environmental impacts and energy requirements 
associated with the emission reduction.
    (3) The applicant may recommend a specific design, equipment, work 
practice, or operational standard, or a combination thereof, and the 
permitting authority may approve such a standard if the permitting 
authority specifically determines that it is not feasible to prescribe 
or enforce an emission limitation under the criteria set forth in 
section 112(h)(2) of the Act.
    (4) If the Administrator has either proposed a relevant emission 
standard pursuant to section 112(d) or section 112(h) of the Act or 
adopted a presumptive MACT determination for the source category which 
includes the constructed or reconstructed major source, then the MACT 
requirements applied to the constructed or reconstructed major source 
shall have considered those MACT emission limitations and requirements 
of the proposed standard or presumptive MACT determination.
    (e) Application requirements for a case-by-case MACT determination. 
(1) An application for a MACT determination (whether a permit 
application under title V of the Act, an application for a Notice of 
MACT Approval, or other document specified by the permitting authority 
under paragraph (c)(2)(ii) of this section) shall specify a control 
technology selected by the owner or operator that, if properly operated 
and maintained, will meet the MACT emission limitation or standard as 
determined according to the principles set forth in paragraph (d) of 
this section.
    (2) In each instance where a constructed or reconstructed major 
source would require additional control technology or a change in 
control technology, the application for a MACT determination shall 
contain the following information:
    (i) The name and address (physical location) of the major source to 
be constructed or reconstructed;
    (ii) A brief description of the major source to be constructed or 
reconstructed and identification of any listed source category or 
categories in which it is included;
    (iii) The expected commencement date for the construction or 
reconstruction of the major source;
    (iv) The expected completion date for construction or reconstruction 
of the major source;
    (v) the anticipated date of start-up for the constructed or 
reconstructed major source;
    (vi) The HAP emitted by the constructed or reconstructed major 
source, and the estimated emission rate for each such HAP, to the extent 
this information is needed by the permitting authority to determine 
MACT;
    (vii) Any federally enforceable emission limitations applicable to 
the constructed or reconstructed major source;
    (viii) The maximum and expected utilization of capacity of the 
constructed or reconstructed major source, and the associated 
uncontrolled emission rates for that source, to the extent this 
information is needed by the permitting authority to determine MACT;
    (ix) The controlled emissions for the constructed or reconstructed 
major source in tons/yr at expected and maximum utilization of capacity, 
to the extent this information is needed by the permitting authority to 
determine MACT;
    (x) A recommended emission limitation for the constructed or 
reconstructed major source consistent with the principles set forth in 
paragraph (d) of this section;
    (xi) The selected control technology to meet the recommended MACT 
emission limitation, including technical information on the design, 
operation, size, estimated control efficiency of the control technology 
(and the manufacturer's name, address, telephone number, and relevant 
specifications and drawings, if requested by the permitting authority);
    (xii) Supporting documentation including identification of 
alternative control technologies considered by the applicant to meet the 
emission limitation, and analysis of cost and non-air quality health 
environmental impacts or energy requirements for the selected control 
technology; and
    (xiii) Any other relevant information required pursuant to subpart 
A.

[[Page 70]]

    (3) In each instance where the owner or operator contends that a 
constructed or reconstructed major source will be in compliance, upon 
startup, with case-by-case MACT under this subpart without a change in 
control technology, the application for a MACT determination shall 
contain the following information:
    (i) The information described in paragraphs (e)(2)(i) through 
(e)(2)(x) of this section; and
    (ii) Documentation of the control technology in place.
    (f) Administrative procedures for review of the Notice of MACT 
Approval. (1) The permitting authority will notify the owner or operator 
in writing, within 45 days from the date the application is first 
received, as to whether the application for a MACT determination is 
complete or whether additional information is required.
    (2) The permitting authority will initially approve the recommended 
MACT emission limitation and other terms set forth in the application, 
or the permitting authority will notify the owner or operator in writing 
of its intent to disapprove the application, within 30 calendar days 
after the owner or operator is notified in writing that the application 
is complete.
    (3) The owner or operator may present, in writing, within 60 
calendar days after receipt of notice of the permitting authority's 
intent to disapprove the application, additional information or 
arguments pertaining to, or amendments to, the application for 
consideration by the permitting authority before it decides whether to 
finally disapprove the application.
    (4) The permitting authority will either initially approve or issue 
a final disapproval of the application within 90 days after it notifies 
the owner or operator of an intent to disapprove or within 30 days after 
the date additional information is received from the owner or operator; 
whichever is earlier.
    (5) A final determination by the permitting authority to disapprove 
any application will be in writing and will specify the grounds on which 
the disapproval is based. If any application is finally disapproved, the 
owner or operator may submit a subsequent application concerning 
construction or reconstruction of the same major source, provided that 
the subsequent application has been amended in response to the stated 
grounds for the prior disapproval.
    (6) An initial decision to approve an application for a MACT 
determination will be set forth in the Notice of MACT Approval as 
described in paragraph (g) of this section.
    (g) Notice of MACT Approval. (1) The Notice of MACT Approval will 
contain a MACT emission limitation (or a MACT work practice standard if 
the permitting authority determines it is not feasible to prescribe or 
enforce an emission standard) to control the emissions of HAP. The MACT 
emission limitation or standard will be determined by the permitting 
authority and will conform to the principles set forth in paragraph (d) 
of this section.
    (2) The Notice of MACT Approval will specify any notification, 
operation and maintenance, performance testing, monitoring, reporting 
and record keeping requirements. The Notice of MACT Approval shall 
include:
    (i) In addition to the MACT emission limitation or MACT work 
practice standard established under this subpart, 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 
record keeping requirements that are consistent with the requirements of 
Sec. 70.6(c) of this chapter;
    (iii) In accordance with section 114(a)(3) of the Act, monitoring 
shall be capable of demonstrating continuous compliance during the 
applicable reporting period. Such monitoring data shall be of sufficient 
quality to be used as a basis for enforcing all applicable requirements 
established under this subpart, including emission limitations;
    (iv) A statement requiring the owner or operator to comply with all 
applicable requirements contained in subpart A of this part;
    (3) All provisions contained in the Notice of MACT Approval shall be 
federally enforceable upon the effective

[[Page 71]]

date of issuance of such notice, as provided by paragraph (j) of this 
section.
    (4) The Notice of MACT Approval shall expire if construction or 
reconstruction has not commenced within 18 months of issuance, unless 
the permitting authority has granted an extension which shall not exceed 
an additional 12 months.
    (h) Opportunity for public comment on the Notice of MACT Approval. 
(1) The permitting authority will provide opportunity for public comment 
on the Notice of MACT Approval, including, at a minimum:
    (i) 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 initial decision to approve the 
application;
    (ii) A 30-day period for submittal of public comment; and
    (iii) A notice by prominent advertisement in the area affected of 
the location of the source information and initial decision specified in 
paragraph (h)(1)(i) of this section.
    (2) At the discretion of the permitting authority, the Notice of 
MACT Approval setting forth the initial decision to approve the 
application may become final automatically at the end of the comment 
period if no adverse comments are received. If adverse comments are 
received, the permitting authority shall have 30 days after the end of 
the comment period to make any necessary revisions in its analysis and 
decide whether to finally approve the application.
    (i) EPA notification. The permitting authority shall send a copy of 
the final Notice of MACT Approval, notice of approval of a title V 
permit application incorporating a MACT determination (in those 
instances where the owner or operator either is required or elects to 
obtain such a permit before construction or reconstruction), or other 
notice of approval issued pursuant to paragraph (c)(2)(ii) 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 affected States.
    (j) Effective date. The effective date of a MACT determination shall 
be the date the Notice of MACT Approval becomes final, the date of 
issuance of a title V permit incorporating a MACT determination (in 
those instances where the owner or operator either is required or elects 
to obtain such a permit before construction or reconstruction), or the 
date any other notice of approval issued pursuant to paragraph 
(c)(2)(ii) of this section becomes final.
    (k) Compliance date. On and after the date of start-up, a 
constructed or reconstructed major source which is subject to the 
requirements of this subpart shall be in compliance with all applicable 
requirements specified in the MACT determination.
    (l) Compliance with MACT determinations. (1) An owner or operator of 
a constructed or reconstructed major source that is subject to a MACT 
determination shall comply with all requirements in the final Notice of 
MACT Approval, the title V permit (in those instances where the owner or 
operator either is required or elects to obtain such a permit before 
construction or reconstruction), or any other final notice of approval 
issued pursuant to paragraph (c)(2)(ii) of this section, including but 
not limited to any MACT emission limitation or MACT work practice 
standard, and any notification, operation and maintenance, performance 
testing, monitoring, reporting, and recordkeeping requirements.
    (2) An owner or operator of a constructed or reconstructed major 
source which has obtained a MACT determination shall be deemed to be in 
compliance with section 112(g)(2)(B) of the Act only to the extent that 
the constructed or reconstructed major source is in compliance with all 
requirements set forth in the final Notice of MACT Approval, the title V 
permit (in those instances where the owner or operator either is 
required or elects to obtain such a permit before construction or 
reconstruction), or any other final notice of approval issued pursuant 
to paragraph (c)(2)(ii) of this section. Any violation of such 
requirements by the owner or operator shall be deemed by the permitting 
authority and by EPA to be a violation of the prohibition on 
construction or reconstruction in section 112(g)(2)(B) for whatever 
period the owner or operator is determined to be in violation of such 
requirements, and

[[Page 72]]

shall subject the owner or operator to appropriate enforcement action 
under the Act.
    (m) Reporting to the Administrator. Within 60 days of the issuance 
of a final Notice of MACT Approval, a title V permit incorporating a 
MACT determination (in those instances where the owner or operator 
either is required or elects to obtain such a permit before construction 
or reconstruction), or any other final notice of approval issued 
pursuant to paragraph (c)(2)(ii) of this section, the permitting 
authority shall provide a copy of such notice to the Administrator, and 
shall provide a summary in a compatible electronic format for inclusion 
in the MACT data base.

[20 FR 68401, Dec. 27, 1996]



Sec. 63.44  Requirements for constructed or reconstructed major sources subject to a subsequently promulgated MACT standard or MACT requirement.

    (a) If the Administrator promulgates an emission standard under 
section 112(d) or section 112(h) of the Act or the permitting authority 
issues a determination under section 112(j) of the Act that is 
applicable to a stationary source or group of sources which would be 
deemed to be a constructed or reconstructed major source under this 
subpart before the date that the owner or operator has obtained a final 
and legally effective MACT determination under any of the review options 
available pursuant to Sec. 63.43, the owner or operator of the source(s) 
shall comply with the promulgated standard or determination rather than 
any MACT determination under section 112(g) by the permitting authority, 
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 section 112(h) of the Act or the permitting authority 
makes a determination under section 112(j) of the Act that is applicable 
to a stationary source or group of sources which was deemed to be a 
constructed or reconstructed major source under this subpart and has 
been subject to a prior case-by-case MACT determination pursuant to 
Sec. 63.43, and the owner and operator obtained a final and legally 
effective case-by-case MACT determination prior to the promulgation date 
of such emission standard, then the permitting authority shall (if the 
initial title V permit has not yet been issued) issue an initial 
operating permit which incorporates the emission standard or 
determination, or shall (if the initial title V permit has been issued) 
revise the operating permit according to the reopening procedures in 40 
CFR part 70 or part 71, whichever is relevant, to incorporate the 
emission standard or determination.
    (1) The EPA may include in the emission standard established under 
section 112(d) or section 112(h) of the Act a specific compliance date 
for those sources which have obtained a final and legally effective MACT 
determination under this subpart and which have submitted the 
information required by Sec. 63.43 to the EPA before the close of the 
public comment period for the standard established under section 112(d) 
of the Act. Such date shall assure that the owner or operator shall 
comply with the promulgated standard as expeditiously as practicable, 
but not longer than 8 years after such standard is promulgated. In that 
event, the permitting authority shall incorporate the applicable 
compliance date in the title V operating permit.
    (2) If no compliance date has been established in the promulgated 
112(d) or 112(h) standard or section 112(j) determination, for those 
sources which have obtained a final and legally effective MACT 
determination under this subpart, then the permitting authority shall 
establish a compliance date in the permit that assures that the owner or 
operator shall comply with the promulgated standard or determination as 
expeditiously as practicable, but not longer than 8 years after such 
standard is promulgated or a section 112(j) determination is made.
    (c) Notwithstanding the requirements of paragraphs (a) and (b) of 
this section, if the Administrator promulgates an emission standard 
under section 112(d) or section 112(h) of the Act or the permitting 
authority issues a determination under section 112(j) of

[[Page 73]]

the Act that is applicable to a stationary source or group of sources 
which was deemed to be a constructed or reconstructed major source under 
this subpart and which is the subject of a prior case-by-case MACT 
determination pursuant to Sec. 63.43, and the level of control required 
by the emission standard issued under section 112(d) or section 112(h) 
or the determination issued under section 112(j) is less stringent than 
the level of control required by any emission limitation or standard in 
the prior MACT determination, the permitting authority is not required 
to incorporate any less stringent terms of the promulgated standard in 
the title V operating permit applicable to such source(s) and may in its 
discretion consider any more stringent provisions of the prior MACT 
determination to be applicable legal requirements when issuing or 
revising such an operating permit.

[61 FR 68404, Dec. 27, 1996]
Secs. 63.45-63.49  [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 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,

[[Page 74]]

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 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

[[Page 75]]

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 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

[[Page 76]]

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 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

[[Page 77]]

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 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;

[[Page 78]]

    (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.
    (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,

[[Page 79]]

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, 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

[[Page 80]]

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 achieved in practice by the 
best controlled similar source, and must reflect the maximum degree of 
reduction in emissions of hazardous air pollutants

[[Page 81]]

(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 operator was 
first required to comply with the emission limitation established by 
permit, whichever is earlier.

[[Page 82]]

    (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 State determines that 
a pollutant (or stream of pollutants) listed pursuant to section 112(b) 
of the Act cannot be

[[Page 83]]

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 upon expiration of the six year compliance extension period 
specified in paragraph (a) of this section.

[[Page 84]]

    (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 the source, including identification numbers and short 
descriptive titles; and

[[Page 85]]

    (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;
    (ii) Total post-reduction emissions, calculated by summing all post-
reduction emission data from paragraph (d)(2) of this section;

[[Page 86]]

    (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] TC21OC91.019


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


    (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

[[Page 87]]

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 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:

[[Page 88]]

    (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 that have not been approved by December 1, 
1993.
    (g) The control measure information required under Sec. 63.74(d)(1) 
as part of

[[Page 89]]

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.
    (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

[[Page 90]]

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 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,

[[Page 91]]

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 the 
Act notwithstanding any demonstration of continuing 90 percent (95 
percent for hazardous air pollutants

[[Page 92]]

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. In this process, 
States may seek approval of a State mechanism for receiving delegation 
of existing and future unchanged Federal section 112 standards. This 
subpart also establishes procedures for the review and withdrawal of 
section 112 implementation and enforcement authorities delegated through 
this subpart. This subpart also establishes procedures for the approval 
of State rules or programs to establish limitations on the potential to 
emit pollutants listed in or pursuant to section 112(b) of the Act.
    (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

[[Page 93]]

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 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.

[58 FR 62283, Nov. 26, 1993, as amended at 61 FR 36297, July 10, 1996]



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. This includes State requests for upfront approval of their 
mechanism for taking delegation of future unchanged Federal section 112 
standards and requirements as well as approval to implement and enforce 
unchanged Federal section 112 standards and requirements on a rule-by 
rule basis. 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 section 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. The Administrator may, under the authority of 
Section 112(l) and this subpart, also approve a State program designed 
to establish limits on the potential to emit of pollutants listed 
pursuant to Section 112(b) of the Clean Air Act. For a State's initial 
request for approval of any rule or program under this subpart, and 
except as otherwise specified under Sec. 63.92, Sec. 63.93, or 
Sec. 63.94 for a

[[Page 94]]

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 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

[[Page 95]]

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;
    (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.

[58 FR 62283, Nov. 26, 1993, as amended at 61 FR 36297, July 10, 1996]



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.

[[Page 96]]

    (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.
    (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

[[Page 97]]

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 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.

[58 FR 62283, Nov. 26, 1993, as amended at 61 FR 36298, July 10, 1996]



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

[[Page 98]]

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;
    (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. This requirement will not take effect 
until the Chemical Safety and Hazard Investigation Board is convened; 
and

[[Page 99]]

    (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.

[58 FR 62283, Nov. 26, 1993, as amended at 61 FR 36298, July 10, 1996]



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 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:

[[Page 100]]

    (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 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.

[[Page 101]]

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.
    (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, or co-product, 
one or more of the organic hazardous air pollutants listed in table 2 of 
this subpart;
    (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)

[[Page 102]]

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.
    (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 
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.

[[Page 103]]

    (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 as part of an operating permit 
application or as otherwise specified by the permitting authority.
    (e) The source to which this subpart applies is the collection of 
the process vents; storage vessels; transfer racks; waste management 
units; maintenance wastewater; heat exchange systems; equipment 
identified in Sec. 63.149 of subpart G; 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 collection of all chemical manufacturing process units at a major 
source that meet the criteria specified in paragraphs (b)(1) through 
(b)(3) of this section. The source also includes equipment required by, 
or utilized as a method of compliance with this subpart F, subpart G or 
H of this part which may include control devices and recovery devices.
    (1) This subpart applies to maintenance wastewater and heat exchange 
systems within a source that is subject to this subpart.
    (2) This subpart F and subpart G of this part apply to process 
vents, storage vessels, transfer racks, equipment identified in 
Sec. 63.149 of subpart G of this part, and wastewater streams and 
associated treatment residuals within a source that is subject to this 
subpart.
    (3) This subpart F and subpart H of this part apply to 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. If specific items of equipment, 
comprising part of a chemical manufacturing process unit subject to this 
subpart, are managed by different administrative organizations (e.g., 
different companies, affiliates, departments, divisions, etc.), those 
items of equipment may be aggregated with any chemical manufacturing 
process unit within the source for all purposes under subpart H of this 
part, providing there is no delay in the applicable compliance date in 
Sec. 63.100(k).
    (f) The source includes the emission points listed in paragraphs 
(f)(1) through (f)(11) of this section, but those emission points are 
not subject to the requirements of this subpart F and subparts G and H 
of this part. This subpart does not require emission points that are 
listed in paragraphs (f)(1) through (f)(11) of this section to comply 
with the provisions of subpart A of this part.
    (1) Equipment that is located within a chemical manufacturing 
process unit that is subject to this subpart but the equipment does not 
contain organic hazardous air pollutants.
    (2) Stormwater from segregated sewers;
    (3) Water from fire-fighting and deluge systems in segregated 
sewers;
    (4) Spills;
    (5) Water from safety showers;
    (6) Water from testing of deluge systems;
    (7) Water from testing of firefighting systems;
    (8) Vessels storing organic liquids that contain organic hazardous 
air pollutants only as impurities;
    (9) Loading racks, loading arms, or loading hoses that only transfer 
liquids containing organic hazardous air pollutants as impurities;
    (10) Loading racks, loading arms, or loading hoses that vapor 
balance during all loading operations; and
    (11) 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) through (g)(4) 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 dedicated to 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

[[Page 104]]

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 this subpart F and 
subpart G of this part shall be determined according to the provisions 
in paragraphs (g)(2)(i) through (g)(2)(iii) 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 as part of an operating 
permit application or as otherwise specified by the permitting 
authority.
    (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.
    (3) Where a storage vessel is located at a major source that 
includes one or more chemical manufacturing process units which place 
material into, or receive materials from the storage vessel, but the 
storage vessel is located in a tank farm (including a marine tank farm), 
the applicability of this subpart F and subpart G of this part shall be 
determined according to the provisions in paragraphs (g)(3)(i) through 
(g)(3)(iv) of this section.
    (i) The storage vessel may only be assigned to a chemical 
manufacturing process unit that utilizes the storage vessel and does not 
have an intervening storage vessel for that product (or raw material, as 
appropriate). With respect to any chemical manufacturing process unit, 
an intervening storage vessel means a storage vessel connected by hard-
piping to the chemical manufacturing process unit and to the storage 
vessel in the tank farm so that product or raw material entering or 
leaving the chemical manufacturing process unit flows into (or from) the 
intervening storage vessel and does not flow directly into (or from) the 
storage vessel in the tank farm.
    (ii) If there is no chemical manufacturing process unit at the major 
source that meets the criteria of paragraph (g)(3)(i) of this section 
with respect to a storage vessel, this subpart F and subpart G of this 
part do not apply to the storage vessel.
    (iii) If there is only one chemical manufacturing process unit at 
the major source that meets the criteria of paragraph (g)(3)(i) of this 
section with respect to a storage vessel, the storage vessel shall be 
assigned to that chemical manufacturing process unit. Applicability of 
this subpart F and subpart G to this part to the storage vessel shall 
then be determined according to the provisions of paragraph (b) of this 
section.

[[Page 105]]

    (iv) If there are two or more chemical manufacturing process units 
at the major source that meet the criteria of paragraph (g)(3)(i) of 
this section with respect to a storage vessel, the storage vessel shall 
be assigned to one of those chemical manufacturing process units 
according to the provisions of paragraph (g)(2) of this section. The 
predominant use shall be determined among only those chemical 
manufacturing process units that meet the criteria of paragraph 
(g)(3)(i) of this section. Applicability of this subpart F and subpart G 
of this part to the storage vessel shall then be determined according to 
the provisions of paragraph (b) of this section.
    (4) If the storage vessel begins receiving material from (or sending 
material to) another chemical manufacturing process unit, or ceasing to 
receive material from (or send material to) a chemical manufacturing 
process unit, or if the applicability of this subpart F and subpart G of 
this part to a storage vessel has been determined according to the 
provisions of paragraphs (g)(2)(i) through (g)(2)(iii) of this section 
and there is a change so that the predominant use may reasonably have 
changed, the owner or operator shall reevaluate the applicability of 
this subpart to the storage 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 dedicated to 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 according to the criteria specified in paragraph (b) of this 
section and the loading rack does not meet the criteria specified in 
paragraphs (f)(9) and (f)(10) 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 this subpart F and subpart 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)(iv) 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 paragraphs (f)(9) or 
(f)(10) 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 paragraphs (f)(9) or (f)(10) 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

[[Page 106]]

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 as part 
of an operating permit application or as otherwise specified by the 
permitting authority.
    (3) If a loading rack that was dedicated to a single chemical 
manufacturing process unit begins to serve another chemical 
manufacturing process unit, or if applicability was determined under the 
provisions of paragraphs (h)(2)(i) through (h)(2)(iv) of this section 
and there is a change so that the predominant use may reasonably have 
changed, the owner or operator shall reevaluate the applicability of 
this subpart to the loading rack, loading arm, or loading hose.
    (i) Except as provided in paragraph (i)(4) of this section, the 
owner or operator shall follow the procedures specified in paragraphs 
(i)(1) through (i)(3) and (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) Where a distillation unit is dedicated to a chemical 
manufacturing process unit, the distillation column 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 distillation unit 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 distillation unit is not part of the source to 
which this subpart applies.
    (2) If a distillation unit is not dedicated to a single chemical 
manufacturing process unit, then the applicability of this subpart and 
subpart G of this part shall be determined according to the provisions 
in paragraphs (i)(2)(i) through (i)(2)(iv) of this section.
    (i) 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.
    (ii) 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 site that receives 
the greatest amount of material from the distillation unit.
    (iii) If a distillation unit is shared among chemical manufacturing 
process units so that there is no single predominant use as described in 
paragraphs (i)(2)(i) and (i)(2)(ii) 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 subpart.
    (iv) 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 as part of an operating 
permit application or as otherwise specified by the permitting 
authority.
    (3) If the chemical manufacturing process unit to which the 
distillation unit is assigned is subject to this subpart, then each vent 
from the individual distillation unit shall be considered separately to 
determine whether it is a process vent (as defined in Sec. 63.101 of 
this subpart). Each vent that is a process vent is part of the source to 
which this subpart applies.
    (4) If the distillation unit is part of one of the chemical 
manufacturing process units listed in paragraphs

[[Page 107]]

(i)(4)(i) through (i)(4)(iii) of this section, then each vent from the 
individual distillation unit shall be considered separately to determine 
whether it is a process vent (as defined in Sec. 63.101 of this 
subpart). Each vent that is a process vent is 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.
    (5) If a distillation unit that was dedicated to a single chemical 
manufacturing process unit, or that was part of a chemical manufacturing 
unit identified in paragraphs (i)(4)(i) through (i)(4)(iii) of this 
section, begins to serve another chemical manufacturing process unit, or 
if applicability was determined under the provisions of paragraphs 
(i)(2)(i) through (i)(2)(iv) of this section and there is a change so 
that the predominant use may reasonably have changed, the owner or 
operator shall reevaluate the applicability of this subpart to the 
distillation unit.
    (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) Process vents from batch operations within a chemical 
manufacturing process unit;
    (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)(i) New sources that commence construction or reconstruction 
after December 31, 1992, but before August 27, 1996 shall be in 
compliance with this subpart F, subparts G and H of this part upon 
initial start-up or by April 22, 1994, whichever is later, as provided 
in Sec. 63.6(b) of subpart A of this part, and further, where start-up 
occurs before January 17, 1997 shall also be in compliance with this 
subpart F and subparts G and H of this part (as amended on January 17, 
1997) by January 17, 1997, except that, with respect to all new sources 
that commenced construction or reconstruction after December 31, 1992, 
and before August 27, 1996:
    (A) Heat exchange systems and maintenance wastewater, that are part 
of a new source on which construction or reconstruction commenced after 
December 31, 1992, but before August 27, 1996, shall be in compliance 
with this subpart F no later than initial start-up or 180 days after 
January 17, 1997, whichever is later;
    (B) Process wastewater streams and equipment subject to Sec. 63.149, 
that are part of a new source on which construction or reconstruction 
commenced after December 31, 1992, but before August 27, 1996, shall be 
in compliance with this subpart F and subpart G of this part no later 
than initial start-up or 180 days after January 17, 1997, whichever is 
later; and
    (ii) New sources that commence construction after August 26, 1996 
shall be in compliance with this subpart F, subparts G and H of this 
part upon initial start-up or by January 17, 1997, whichever is later.

[[Page 108]]

    (2) Existing sources shall be in compliance with this subpart F and 
subpart G of this part no later than the dates specified in paragraphs 
(k)(2)(i) and (k)(2)(ii) of this section, unless an extension has been 
granted by the Administrator as provided in Sec. 63.151(a)(6) of subpart 
G of this part or granted by the permitting authority as provided in 
Sec. 63.6(i) of subpart A of this part.
    (i) Process vents, storage vessels, and transfer racks at an 
existing source shall be in compliance with the applicable sections of 
this subpart and subpart G of this part no later than April 22, 1997.
    (ii) Heat exchange systems and maintenance wastewater shall be in 
compliance with the applicable sections of this subpart, and equipment 
subject to Sec. 63.149 and process wastewater streams shall be in 
compliance with the applicable sections of this subpart and subpart G of 
this part no later than April 22, 1999, except as provided in paragraphs 
(k)(2)(ii)(A) and (k)(2)(ii)(B) of this section.
    (A) If a process wastewater stream or equipment subject to 
Sec. 63.149 is subject to the control requirements of subpart G of this 
part due to the contribution of nitrobenzene to the total annual average 
concentration (as determined according to the procedures in 
Sec. 63.144(b) of subpart G of this part), the wastewater stream shall 
be in compliance no later than January 18, 2000.
    (B) If a process wastewater stream is used to generate credits in an 
emissions average in accordance with Sec. 63.150 of subpart G of this 
part, the process wastewater stream shall be in compliance with the 
applicable sections of subpart G of this part no later than April 22, 
1997.
    (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 this part or 
granted by the permitting 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.

[[Page 109]]

    (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 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.
    (9) All terms in this subpart F or subpart G of this part that 
define a period of time for completion of required tasks (e.g., weekly, 
monthly, quarterly, annual), unless specified otherwise in the section 
or subsection that imposes the requirement, refer to the standard 
calendar periods.
    (i) Notwithstanding time periods specified in this subpart F or 
subpart G of this part for completion of required tasks, such time 
periods may be changed by mutual agreement between the owner or operator 
and the Administrator, as specified in subpart A of this part (e.g., a 
period could begin on the compliance date or another date, rather than 
on the first day of the standard calendar period). For each time period 
that is changed by agreement, the revised period shall remain in effect 
until it is changed. A new request is not necessary for each recurring 
period.
    (ii) Where the period specified for compliance is a standard 
calendar period, if the initial compliance date occurs after the 
beginning of the period, compliance shall be required according to the 
schedule specified in paragraphs (k)(9)(ii)(A) or (k)(9)(ii)(B) of this 
section, as appropriate.
    (A) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at least 
2 weeks for tasks that must be performed monthly, at least 1 month for 
tasks that must be performed each quarter, or at least 3 months for 
tasks that must be performed annually; or
    (B) In all other cases, compliance shall be required before the end 
of the first full standard calendar period after the period within which 
the initial compliance deadline occurs.
    (iii) In all instances where a provision of this subpart F or 
subpart G of this part requires completion of a task during each of 
multiple successive periods, an owner or operator may perform the 
required task at any time during the specified period, provided the task 
is conducted at a reasonable interval after completion of the task 
during the previous period.

[[Page 110]]

    (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) Changes that meet the criteria in Sec. 63.151(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 (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

[[Page 111]]

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. 63.155(i) or (j) of 
subpart G of this part. The applicable reports include, but are not 
limited to:
    (A) Reports 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 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 report 
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) or 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.

[[Page 112]]

    (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; 61 FR 64574, Dec. 5, 1996; 62 FR 2729, Jan. 17, 1997]



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. A chemical manufacturing process unit 
consists of more than one unit operation. For the purpose of this 
subpart, 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; associated recovery 
devices; 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.

[[Page 113]]

    Control device means any combustion device, recovery device, or 
recapture device. 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), 
recapture devices are considered control devices but recovery devices 
are not considered control devices. For a steam stripper, a primary 
condenser is not considered a control device.
    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.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in in-process combustion equipment such as furnaces and gas turbines 
either singly or in combination.
    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 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

[[Page 114]]

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.
    On-site or On site means, with respect to records required to be 
maintained by this subpart, that the records are stored at a location 
within a major source which encompasses the affected source. On-site 
includes, but is not limited to, storage at the chemical manufacturing 
process unit to which the records pertain, or storage in central files 
elsewhere at the major source.
    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 are gas streams that are 
discharged to the atmosphere (with or without passing through a control 
device) either directly or after passing through one or more recovery 
devices. Process vents exclude relief valve discharges, gaseous streams 
routed to a fuel gas system(s), 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,

[[Page 115]]

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 
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.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are not 
limited to, absorbers, carbon adsorbers, and condensers.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse or for sale for fuel 
value, use, or reuse. Examples of equipment that may be recovery devices 
include absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. For purposes of the 
monitoring, recordkeeping, and reporting requirements of subpart G of 
this part, recapture devices are considered recovery devices.
    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 for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of a chemical manufacturing process unit or a reactor, air 
oxidation reactor, distillation unit, waste management unit, equipment 
required or used to comply with this subpart F, subparts G, or H of this 
part or the emptying and degassing of a storage vessel. 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 or a reactor, air oxidation reactor, 
distillation unit, waste management unit, or equipment required or used 
to comply with this subpart F, subpart G, or H of this part or a storage 
vessel after emptying and degassing. Start-up includes initial start-up, 
operation solely for testing equipment, the recharging of equipment in 
batch operation, and transitional conditions due to 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.

[[Page 116]]

    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/or 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:
    (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 units, extraction columns, absorbers, 
decanters, dryers, condensers, and filtration equipment.
    Vapor balancing system means a piping system that is designed to 
collect organic hazardous air pollutants vapors displaced from tank 
trucks or railcars during loading; and to route the collected organic 
hazardous air pollutants vapors to the storage vessel from which the 
liquid being loaded originated, or to another storage vessel connected 
by a common header or to compress and route to a process or a fuel gas 
system the collected organic hazardous air pollutants vapors.
    Waste management unit means the equipment, structure(s), and/or 
device(s) 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. If such 
equipment is used for recovery then it is part of a chemical 
manufacturing process unit and is not a waste management unit.
    Wastewater means water that:
    (1) Contains either:
    (i) An annual average concentration of Table 9 compounds (as defined 
in Sec. 63.111 of subpart G of this part) of at least 5 parts per 
million by weight and has an annual average flow rate of 0.02 liter per 
minute or greater, or
    (ii) An annual average concentration of Table 9 compounds (as 
defined in Sec. 63.111 of subpart G) of at least 10,000 parts per 
million by weight at any flow rate, and that
    (2) Is discarded from a chemical manufacturing process unit that 
meets all of the criteria specified in Sec. 63.100 (b)(1) through (b)(3) 
of this subpart. Wastewater is process wastewater or maintenance 
wastewater.

[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 18024, Apr. 10, 1995; 
60 FR 63626, Dec. 12, 1995; 62 FR 2731, Jan. 17, 1997]



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 this subpart F and subpart G of this 
part shall apply at all times except during periods of start-up or 
shutdown (as defined in Sec. 63.101 of this subpart), malfunction, or 
non-operation of the chemical manufacturing process unit (or specific 
portion thereof) resulting in

[[Page 117]]

cessation of the emissions to which this subpart F and subpart G of this 
part apply. However, if a start-up, shutdown, malfunction or period of 
non-operation 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 this subpart F and subpart G of this part during the start-up, 
shutdown, malfunction or period of non-operation. 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 the 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 or shutdown, as defined 
in Sec. 63.101(b) of this subpart, malfunction, process unit shutdown 
(as defined in Sec. 63.161 of subpart H of this part), or non-operation 
of the chemical manufacturing process unit (or specific portion thereof) 
in which the lines are drained and depressurized resulting in cessation 
of the emissions to which subpart H of this part applies.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with the provisions of this 
subpart F, subpart G or H of this part during times when emissions (or, 
where applicable, wastewater streams or residuals) are being routed to 
such items of equipment, if the shutdown would contravene requirements 
of this subpart F, subpart G or H of this part applicable to such items 
of equipment. This paragraph does not apply if the item of equipment is 
malfunctioning, or if the owner or operator must shut down the equipment 
to avoid damage due to a contemporaneous start-up, shutdown, or 
malfunction of the chemical manufacturing process unit or portion 
thereof.
    (4) During start-ups, shutdowns, and malfunctions when the 
requirements of this subpart F, subparts G and/or H of this part do not 
apply pursuant to paragraphs (a)(1) through (a)(3) of this section, the 
owner or operator shall implement, to the extent reasonably available, 
measures to prevent or minimize excess emissions to the extent 
practical. For purposes of this paragraph, the term ``excess emissions'' 
means emissions in excess of those that would have occurred if there 
were no start-up, shutdown, or malfunction and the owner or operator 
complied with the relevant provisions of this subpart F, subparts G and/
or H of this part. The measures to be taken shall be identified in the 
applicable start-up, shutdown, and malfunction plan, and may include, 
but are not limited to, air pollution control technologies, recovery 
technologies, work practices, pollution prevention, monitoring, and/or 
changes in the manner of operation of the source. Back-up control 
devices are not required, but may be used if available.
    (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 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 by the date determined

[[Page 118]]

by 40 CFR part 70 or part 71, as appropriate.
    (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) [Reserved]
    (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; 
61 FR 64575, Dec. 5, 1996; 62 FR 2732, Jan. 17, 1997]



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. If an owner or 
operator submits copies of reports to the applicable EPA Regional 
Office, the owner or operator is not required to maintain copies of 
reports. If the EPA Regional Office has waived the requirement of 
Sec. 63.10(a)(4)(ii) for submittal of copies of reports, the owner or 
operator is not required to maintain copies of reports.
    (1) All applicable records shall be maintained in such a manner that 
they

[[Page 119]]

can be readily accessed. The most recent 6 months of records shall be 
retained on site or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. The remaining four and one-half 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 process equipment or of air 
pollution control equipment or continuous monitoring systems used to 
comply with this subpart F, subpart G, or H of this part during which 
excess emissions (as defined in Sec. 63.102(a)(4)) occur.
    (ii) For each start-up, shutdown, and malfunction during which 
excess emissions (as defined in Sec. 63.102(a)(4)) occur, 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. These records may take the form of a ``checklist,'' or other 
form of recordkeeping that confirms conformance with the start-up, 
shutdown, and malfunction plan for the event.
    (iii) For continuous monitoring systems used to comply with subpart 
G of this part, records documenting the completion of calibration checks 
and maintenance of continuous monitoring systems that are specified in 
the manufacturer's instructions or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (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 of this part 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 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 owner or operator of a chemical manufacturing process unit 
which meets the criteria of Sec. 63.100(b)(1) and Sec. 63.100(b)(3), but 
not the criteria of Sec. 63.100(b)(2), shall comply with the 
requirements of either paragraph (e)(1) or (e)(2) of this section.
    (1) Retain information, data, and analysis used to determine that 
the chemical manufacturing process unit does not use as a reactant or 
manufacture as a product or co-product any organic hazardous air 
pollutant. 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.
    (2) When requested by the Administrator, demonstrate that the 
chemical manufacturing process unit does not use as a reactant or 
manufacture as a

[[Page 120]]

product or co-product any organic hazardous air pollutant.
    (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 than 90 days after the date 
of such notification by the EPA Regional Office. Compliance with this 
subpart F and subpart G of this part shall be no later than April 22, 
1997, or as otherwise specified in Sec. 63.100(k)(2)(ii) of this 
subpart, unless an extension has been granted by the EPA Regional Office 
or permitting 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; 62 FR 2733, Jan. 17, 1997]



Sec. 63.104  Heat exchange system requirements.

    (a) Unless one or more of the conditions specified in paragraphs 
(a)(1) through (a)(6) of this section are met, owners and operators of 
sources subject to this subpart shall monitor each heat exchange system 
used to cool process equipment in a chemical manufacturing process unit 
meeting the conditions of Sec. 63.100 (b)(1) through (b)(3) of this 
subpart, except for chemical manufacturing process units meeting the 
condition specified in Sec. 63.100(c) of this subpart, according to the 
provisions in either paragraph (b) or (c) of this section. Whenever a 
leak is detected, the owner or operator shall comply with the 
requirements in paragraph (d) of this section.
    (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) There is an intervening cooling fluid, containing less than 5 
percent by weight of total hazardous air pollutants listed in table 4 of 
this subpart, between the process and the cooling water. This 
intervening fluid serves to isolate the cooling water from the process 
fluid and the intervening fluid is not sent through a cooling tower or 
discharged. For purposes of this section, discharge does not include 
emptying for maintenance purposes.
    (3) The once-through heat exchange system is subject to a National 
Pollution Discharge Elimination System (NPDES) permit with an allowable 
discharge limit of 1 part per million or less above influent 
concentration or 10 percent or less above influent concentration, 
whichever is greater.
    (4) The once-through heat exchange system is subject to an NPDES 
permit that:
    (i) Requires monitoring of a parameter(s) or condition(s) to detect 
a leak of process fluids into cooling water;
    (ii) Specifies or includes the normal range of the parameter or 
condition;

[[Page 121]]

    (iii) Requires monitoring for the parameters selected as leak 
indicators no less frequently than monthly for the first six months and 
quarterly thereafter; and
    (iv) Requires the owner or operator to report and correct leaks to 
the cooling water when the parameter or condition exceeds the normal 
range.
    (5) The recirculating heat exchange system is used to cool process 
fluids that contain less than 5 percent by weight of total hazardous air 
pollutants listed in table 4 of this subpart.
    (6) The once-through heat exchange system is used to cool process 
fluids that contain less than 5 percent by weight of total hazardous air 
pollutants listed in table 9 of subpart G of this part.
    (b) The owner or operator who elects to comply with the requirements 
of paragraph (a) of this section by monitoring the cooling water for the 
presence of one or more organic hazardous air pollutants or other 
representative substances whose presence in cooling water indicates a 
leak shall comply with the requirements specified in paragraphs (b)(1) 
through (b)(6) of this section. The cooling water shall be monitored for 
total hazardous air pollutants, total volatile organic compounds, total 
organic carbon, one or more speciated HAP compounds, or other 
representative substances that would indicate the presence of a leak in 
the heat exchange system.
    (1) The cooling water shall be monitored monthly for the first 6 
months and quarterly thereafter to detect leaks.
    (2)(i) For recirculating heat exchange systems (cooling tower 
systems), the monitoring of speciated hazardous air pollutants or total 
hazardous air pollutants refers to the hazardous air pollutants listed 
in table 4 of this subpart.
    (ii) For once-through heat exchange systems, the monitoring of 
speciated hazardous air pollutants or total hazardous air pollutants 
refers to the hazardous air pollutants listed in table 9 of subpart G of 
this part.
    (3) The concentration of the monitored substance(s) in the cooling 
water shall be determined using any EPA-approved method listed in part 
136 of this chapter as long as the method is sensitive to concentrations 
as low as 10 parts per million and the same method is used for both 
entrance and exit samples. Alternative methods may be used upon approval 
by the Administrator.
    (4) The samples shall be collected either at the entrance and exit 
of each heat exchange system or at locations where the cooling water 
enters and exits each heat exchanger or any combination of heat 
exchangers.
    (i) For samples taken at the entrance and exit of recirculating heat 
exchange systems, the entrance is the point at which the cooling water 
leaves the cooling tower prior to being returned to the process 
equipment and the exit is the point at which the cooling water is 
introduced to the cooling tower after being used to cool the process 
fluid.
    (ii) For samples taken at the entrance and exit of once-through heat 
exchange systems, the entrance is the point at which the cooling water 
enters and the exit is the point at which the cooling water exits the 
plant site or chemical manufacturing process units.
    (iii) For samples taken at the entrance and exit of each heat 
exchanger or any combination of heat exchangers in chemical 
manufacturing process units, the entrance is the point at which the 
cooling water enters the individual heat exchanger or group of heat 
exchangers and the exit is the point at which the cooling water exits 
the heat exchanger or group of heat exchangers.
    (5) A minimum of three sets of samples shall be taken at each 
entrance and exit as defined in paragraph (b)(4) of this section. The 
average entrance and exit concentrations shall then be calculated. The 
concentration shall be corrected for the addition of any makeup water or 
for any evaporative losses, as applicable.
    (6) A leak is detected if the exit mean concentration is found to be 
greater than the entrance mean using a one-sided statistical procedure 
at the 0.05 level of significance and the amount by which it is greater 
is at least 1 part per million or 10 percent of the entrance mean, 
whichever is greater.
    (c) The owner or operator who elects to comply with the requirement 
of paragraph (a) of this section by monitoring using a surrogate 
indicator of

[[Page 122]]

heat exchange system leaks shall comply with the requirements specified 
in paragraphs (c)(1) through (c)(3) of this section. Surrogate 
indicators that could be used to develop an acceptable monitoring 
program are ion specific electrode monitoring, pH, conductivity or other 
representative indicators.
    (1) The owner or operator shall prepare and implement a monitoring 
plan that documents the procedures that will be used to detect leaks of 
process fluids into cooling water. The plan shall require monitoring of 
one or more surrogate indicators or monitoring of one or more process 
parameters or other conditions that indicate a leak. Monitoring that is 
already being conducted for other purposes may be used to satisfy the 
requirements of this section. The plan shall include the information 
specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
    (i) A description of the parameter or condition to be monitored and 
an explanation of how the selected parameter or condition will reliably 
indicate the presence of a leak.
    (ii) The parameter level(s) or conditions(s) that shall constitute a 
leak. This shall be documented by data or calculations showing that the 
selected levels or conditions will reliably identify leaks. The 
monitoring must be sufficiently sensitive to determine the range of 
parameter levels or conditions when the system is not leaking. When the 
selected parameter level or condition is outside that range, a leak is 
indicated.
    (iii) The monitoring frequency which shall be no less frequent than 
monthly for the first 6 months and quarterly thereafter to detect leaks.
    (iv) The records that will be maintained to document compliance with 
the requirements of this section.
    (2) If a substantial leak is identified by methods other than those 
described in the monitoring plan and the method(s) specified in the plan 
could not detect the leak, the owner or operator shall revise the plan 
and document the basis for the changes. The owner or operator shall 
complete the revisions to the plan no later than 180 days after 
discovery of the leak.
    (3) The owner or operator shall maintain, at all times, the 
monitoring plan that is currently in use. The current plan shall be 
maintained on-site, or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. If the monitoring plan is superseded, the owner or operator 
shall retain the most recent superseded plan at least until 5 years from 
the date of its creation. The superseded plan shall be retained on-site 
(or accessible from a central location by computer or other means that 
provides access within two hours after a request) for at least 6 months 
after its creation.
    (d) If a leak is detected according to the criteria of paragraph (b) 
or (c) of this section, the owner or operator shall comply with the 
requirements in paragraphs (d)(1) and (d)(2) of this section, except as 
provided in paragraph (e) of this section.
    (1) The leak shall be repaired as soon as practical but not later 
than 45 calendar days after the owner or operator receives results of 
monitoring tests indicating a leak. The leak shall be repaired unless 
the owner or operator demonstrates that the results are due to a 
condition other than a leak.
    (2) Once the leak has been repaired, the owner or operator shall 
confirm that the heat exchange system has been repaired within 7 
calendar days of the repair or startup, whichever is later.
    (e) Delay of repair of heat exchange systems for which leaks have 
been detected is allowed if the equipment is isolated from the process. 
Delay of repair is also allowed if repair is technically infeasible 
without a shutdown and any one of the conditions in paragraph (e)(1) or 
(e)(2) of this section is met. All time periods in paragraphs (e)(1) and 
(e)(2) of this section shall be determined from the date when the owner 
or operator determines that delay of repair is necessary.
    (1) If a shutdown is expected within the next 2 months, a special 
shutdown before that planned shutdown is not required.
    (2) If a shutdown is not expected within the next 2 months, the 
owner or operator may delay repair as provided in paragraph (e)(2)(i) or 
(e)(2)(ii) of this section. Documentation of a decision to delay repair 
shall state the reasons

[[Page 123]]

repair was delayed and shall specify a schedule for completing the 
repair as soon as practical.
    (i) If a shutdown for repair would cause greater emissions than the 
potential emissions from delaying repair, the owner or operator may 
delay repair until the next shutdown of the process equipment associated 
with the leaking heat exchanger. The owner or operator shall document 
the basis for the determination that a shutdown for repair would cause 
greater emissions than the emissions likely to result from delaying 
repair as specified in paragraphs (e)(2)(i)(A) and (e)(2)(i)(B) of this 
section.
    (A) The owner or operator shall calculate the potential emissions 
from the leaking heat exchanger by multiplying the concentration of 
total hazardous air pollutants listed in table 4 of this subpart in the 
cooling water from the leaking heat exchanger by the flowrate of the 
cooling water from the leaking heat exchanger by the expected duration 
of the delay. The owner or operator may calculate potential emissions 
using total organic carbon concentration instead of total hazardous air 
pollutants listed in table 4 of this subpart.
    (B) The owner or operator shall determine emissions from purging and 
depressurizing the equipment that will result from the unscheduled 
shutdown for the repair.
    (ii) If repair is delayed for reasons other than those specified in 
paragraph (e)(2)(i) of this section, the owner or operator may delay 
repair up to a maximum of 120 calendar days. The owner shall demonstrate 
that the necessary parts or personnel were not available.
    (f)(1) Required records. The owner or operator shall retain the 
records identified in paragraphs (f)(1)(i) through (f)(1)(iv) of this 
section as specified in Sec. 63.103(c)(1).
    (i) Monitoring data required by this section indicating a leak and 
the date when the leak was detected, and if demonstrated not to be a 
leak, the basis for that determination;
    (ii) Records of any leaks detected by procedures subject to 
paragraph (c)(2) of this section and the date the leak was discovered;
    (iii) The dates of efforts to repair leaks; and
    (iv) The method or procedure used to confirm repair of a leak and 
the date repair was confirmed.
    (2) Reports. 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 (e)(2) 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 the leak was successfully repaired.

[62 FR 2733, Jan. 17, 1997]



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.

[[Page 124]]

    (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 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(l) of the CAA, 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.

[59 FR 19454, Apr. 22, 1994, as amended at 61 FR 64575, Dec. 5, 1996]

 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-).                                                                 

[[Page 125]]

                                                                        
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               
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               

[[Page 126]]

                                                                        
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              
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               

[[Page 127]]

                                                                        
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               
  (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 Supbart F--Organic Hazardous Air Pollutants         
------------------------------------------------------------------------
                      Chemical name a,b                        CAS No.c 
------------------------------------------------------------------------
Acenaphthene................................................       83329
Acetaldehyde................................................       75070
Acetamide...................................................       60355
Acetonitrile................................................       75058
Acetophenone................................................       98862
Acrolein....................................................      107028
Acrylamide..................................................       79061
Acrylic acid................................................       79107
Acrylonitrile...............................................      107131
Alizarin....................................................       72480
Allyl chloride..............................................      107051
Aniline.....................................................       62533
Anisidine (o-)..............................................       90040
Anthracene..................................................      120127
Anthraquinone...............................................       84651
Benzene.....................................................       71432
Benzotrichloride............................................       98077
Benzyl chloride.............................................      100447
Biphenyl....................................................       92524
Bis(chloromethyl)ether......................................      542881
Bromoform...................................................       75252
Bromonaphthalene............................................    27497514
Butadiene (1,3-)............................................      106990
Carbon disulfide............................................       75150
Carbon tetrachloride........................................       56235
Chloroacetic acid...........................................       79118
Chloroacetophenone (2-).....................................      532274
Chlorobenzene...............................................      108907
2-Chloro-,1,3-butadiene (Chloroprene).......................      126998
Chloroform..................................................       67663
Chloronaphthalene...........................................    25586430
Chrysene....................................................      218019
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 (Bis(2-chloroethyl)ether)................      111444
Dichloropropene (1,3-)......................................      542756
Diethanolamine (2,2'-Iminodiethanol)........................      111422
Dimethylaniline (N,N-)......................................      121697
Diethyl sulfate.............................................       64675
Dimethylbenzidine (3,3'-)...................................      119937
Dimethylformamide (N,N-)....................................       68122
Dimethylhydrazine (1,1-)....................................       58147
Dimethylphthalate...........................................      131113
Dimethylsulfate.............................................       77781
Dinitrophenol (2,4-)........................................       51285
Dinitrotoluene (2,4-).......................................      121142
Dioxane (1,4-) (1,4-Diethyleneoxide)........................      123911
1,2-Diphenylhydrazine.......................................      122667
Epichlorohydrin (1-Chloro-2,3-epoxypropane).................      106898
Ethyl acrylate..............................................      140885
Ethylbenzene................................................      100414
Ethyl chloride (Chloroethane)...............................       75003
Ethylene dibromide (Dibromoethane)..........................      106934
Ethylene glycol.............................................      107211
Ethylene oxide..............................................       75218
Ethylidene dichloride (1,1-Dichloroethane)..................       75343
Fluoranthene................................................      206440
Formaldehyde................................................       50000
Glycol ethersd..............................................            
Hexachlorobenzene...........................................      118741
Hexachlorobutadiene.........................................       87683
Hexachloroethane............................................       67721
Hexane......................................................      110543
Hydroquinone................................................      123319

[[Page 128]]

                                                                        
Isophorone..................................................       78591
Maleic anhydride............................................      108316
Methanol....................................................       67561
Methylbromide (Bromomethane)................................       74839
Methylchloride (Chloromethane)..............................       74873
Methyl ethyl ketone (2-Butanone)............................       78933
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
Methylenedianiline (4,4'-)..................................      101779
Naphthalene.................................................       91203
Naphthalene sulfonic acid ().......................       85472
Naphthalene sulfonic acid ().......................      120183
Naphthol ()........................................       90153
Naphthol ()........................................      135193
Naphtholsulfonic acid (1-)..................................      567180
Naphthylamine sulfonic acid (1,4-)..........................       84866
Naphthylamine sulfonic acid (2,1-)..........................       81163
Naphthylamine (1-)..........................................      134327
Naphthylamine (2-)..........................................       91598
Nitronaphthalene (1-).......................................       86577
Nitrobenzene................................................       98953
Nitrophenol (p-)............................................      100027
Nitropropane (2-)...........................................       79469
Phenanthrene................................................       85018
Phenol......................................................      108952
Phenylenediamine (p-).......................................      106503
Phosgene....................................................       75445
Phthalic anhydride..........................................       85449
Propiolactone (beta-).......................................       57578
Propionaldehyde.............................................      123386
Propylene dichloride (1,2-Dichloropropane)..................       78875
Propylene oxide.............................................       75569
Pyrene......................................................      129000
Quinone.....................................................      106514
Styrene.....................................................      100425
Tetrachloroethane (1,1,2,2-)................................       79345
Tetrachloroethylene (Perchloroethylene).....................      127184
Tetrahydronaphthalene.......................................      119642
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 (1,1-Dichloroethylene)..................       75354
Xylenes (NOS)...............................................     1330207
Xylene (m-).................................................      108383
Xylene (o-).................................................       95476
Xylene (p-).................................................     106423 
------------------------------------------------------------------------
a For all Listings above containing the word ``Compounds,'' 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 No.=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.                         


[62 FR 2735, Jan. 17, 1997]

[[Page 129]]

Pt. 63, Subpt. F, Table 3

                                           Table 3.--General Provisions Applicability to Subparts F, G, and Ha                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Reference                                Applies to subparts F, G, 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.  63.101(a) 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..................................  This is a reserved paragraph in subpart A of part
                                                                                                        63.                                             
63.4(a)(5).....................................................  Yes.................................                                                   
63.4(b)........................................................  Yes.................................                                                   
63.4(c)........................................................  Yes.................................                                                   
63.5(a)(1).....................................................  Yes.................................  Except the terms ``source'' and ``stationary     
                                                                                                        source'' in Sec.  63.5(a)(1) should be          
                                                                                                        interpreted as having the same meaning as       
                                                                                                        ``affected source.''                            
63.5(a)(2).....................................................  Yes.................................                                                   
63.5(b)(1).....................................................  Yes.................................  Except Sec.  63.100(l) defines when construction 
                                                                                                        or reconstruction is subject to standards for   
                                                                                                        new sources.                                    
63.5(b)(2).....................................................  No..................................  This is a reserved paragraph in subpart A of part
                                                                                                        63.                                             
63.5(b)(3).....................................................  Yes.................................                                                   
63.5(b)(4).....................................................  Yes.................................  Except the cross reference to Sec.  63.9(b) is   
                                                                                                        limited to Sec.  63.9(b) (4) and (5). Subpart F 
                                                                                                        overrides Sec.  63.9 (b)(1) through (b)(3).     
63.5(b)(5).....................................................  Yes.................................                                                   
63.5(b)(6).....................................................  Yes.................................  Except Sec.  63.100(l) defines when construction 
                                                                                                        or reconstruction is subject to standards for   
                                                                                                        new sources.                                    
63.5(c)........................................................  No..................................  This is a reserved paragraph in subpart A of part
                                                                                                        63.                                             
63.5(d)(1)(i)..................................................  No..................................  For subpart G, see Sec.  63.151(b) (2)(ii) and   
                                                                                                        (2)(iii) for the applicability and timing of    
                                                                                                        this submittal; for subpart H, see Sec.         
                                                                                                        63.182(b) (2)(ii) and (b)(2)(iii) for           
                                                                                                        applicability and timing of this submittal.     
63.5(d)(1)(ii).................................................  Yes.................................  Except Sec.  63.5(d)(1)(ii)(H) does not apply.   
63.5(d)(1)(iii)................................................  No..................................  Subpart G requires submittal of the Notification 
                                                                                                        of Compliance Status in Sec.  63.152(b); subpart
                                                                                                        H specifies requirements in Sec.  63.182(c).    

[[Page 130]]

                                                                                                                                                        
63.5(d)(2).....................................................  No..................................                                                   
63.5(d)(3).....................................................  Yes--subpart G No--subpart H........  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.................................  Except the cross-reference to Sec.  63.5(d)(1) is
                                                                                                        changed to Sec.  63.151(b)(2)(ii) of subpart G  
                                                                                                        and to Sec.  63.182(b)(2)(ii) of subpart H. The 
                                                                                                        cross-reference to Sec.  63.5(b)(2) does not    
                                                                                                        apply.                                          
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 Clean Air 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 dates for     
                                                                                                        subparts G and H.                               
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.................................  Except as otherwise specified for individual     
                                                                                                        paragraphs. Does not apply to Group 2 emission  
                                                                                                        points unless they are included in an emissions 
                                                                                                        average.b                                       
63.6(e)(1)(i)..................................................  No..................................  This is addressed by Sec.  63.102(a)(4) of       
                                                                                                        subpart F.                                      
63.6(e)(1)(ii).................................................  Yes.................................                                                   
63.6(e)(1)(iii)................................................  Yes.................................                                                   
63.6(e)(2).....................................................  Yes.................................                                                   
63.6(e)(3)(i)..................................................  Yes.................................  For subpart H, the startup, shutdown, and        
                                                                                                        malfunction plan requirement of Sec.            
                                                                                                        63.6(e)(3)(i) 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(e)(3)(i)(A)...............................................  No..................................  This is addressed by Sec.  63.102(a)(4).         
63.6(e)(3)(i)(B)...............................................  Yes.................................                                                   
63.6(e)(3)(i)(C)...............................................  Yes.................................                                                   
63.6(e)(3)(ii).................................................  Yes.................................                                                   
63.6(e)(3)(iii)................................................  No..................................  Recordkeeping and reporting are specified in Sec.
                                                                                                         63.103(c)(2) of subpart F and Sec.             
                                                                                                        63.152(d)(1) of subpart G.                      
63.6(e)(3)(iv).................................................  No..................................  Recordkeeping and reporting are specified in Sec.
                                                                                                         63.103(c)(2) of subpart F and Sec.             
                                                                                                        63.152(d)(1) of subpart G.                      
63.6(e)(3)(v)..................................................  No..................................  Records retention requirements are specified in  
                                                                                                        Sec.  63.103(c).                                
63.6(e)(3)(vi).................................................  Yes.................................                                                   
63.6(e)(3)(vii)................................................  Yes.................................                                                   
63.6(e)(3)(vii)(A).............................................  Yes.................................                                                   
63.6(e)(3)(vii)(B).............................................  Yes.................................  Except the plan must provide for operation in    
                                                                                                        compliance with Sec.  63.102(a)(4).             

[[Page 131]]

                                                                                                                                                        
63.6(e)(3)(vii)(C).............................................  Yes.................................                                                   
63.6(e)(3)(viii)...............................................  Yes.................................                                                   
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--subpart G No--subpart H........  Sec.  63.152(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.................................                                                   
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..................................  For subpart G, Sec.  63.151(a)(6) specifies      
                                                                                                        procedures; for subpart H, Sec.  63.182(a)(6)   
                                                                                                        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)(i) of  
                                                                                                        subpart G and Sec.  63.182(a)(6)(i) of subpart  
                                                                                                        H.                                              
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..................................  For subpart G, test results must be submitted in 
                                                                                                        the Notification of Compliance Status due 150   
                                                                                                        days after compliance date, as specified in Sec.
                                                                                                         63.152(b); for subpart H, all test results     
                                                                                                        subject to reporting are reported in periodic   
                                                                                                        reports.                                        
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 subpart G: Not applicable to       
                                                                                                        subpart H because no performance test required  
                                                                                                        by subpart 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.                                     

[[Page 132]]

                                                                                                                                                        
63.8(b)(3).....................................................  Yes.................................                                                   
63.8(c)(1)(i)..................................................  Yes.................................                                                   
63.8(c)(1)(ii).................................................  No..................................  For subpart G, submit as part of periodic report 
                                                                                                        required by Sec.  63.152(c); for subpart H,     
                                                                                                        retain as required by Sec.  63.181(g)(2)(ii).   
63.8(c)(1)(iii)................................................  Yes.................................                                                   
63.8(c)(2).....................................................  Yes.................................                                                   
63.8(c)(3).....................................................  Yes.................................                                                   
63.8(c)(4).....................................................  No..................................  Subpart G specifies monitoring frequency by kind 
                                                                                                        of emission point and control technology used   
                                                                                                        (e.g., Sec.  63.111, Sec.  63.120(d)(2), Sec.   
                                                                                                        63.143, and Sec.  63.152(f)); subpart H does not
                                                                                                        require use of continuous monitoring systems.   
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.  63.151(f) or (g) of subpart G; not        
                                                                                                        applicable to subpart H because subpart H       
                                                                                                        specifies acceptable alternative methods.       
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 continuous       
                                                                                                        emission monitoring.                            
63.8(g)........................................................  No..................................  Data reduction procedures specified in Sec.      
                                                                                                        63.152(f) and (g) of subpart G; not applicable  
                                                                                                        to subpart H.                                   
63.9(a)........................................................  Yes.................................                                                   
63.9(b)(1).....................................................  No..................................  Specified in Sec.  63.151(b)(2) of subpart G;    
                                                                                                        specified in Sec.  63.182(b) of subpart H.      
63.9(b)(2).....................................................  No..................................  Initial Notification provisions are specified in 
                                                                                                        Sec.  63.151(b) of subpart G; in Sec.  63.182(b)
                                                                                                        of subpart H.                                   
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; in Sec.  63.182(b)(2) of subpart H.          
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; in Sec.  63.182 
                                                                                                        (b)(2) of subpart H.                            
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 and Sec.  63.182 (c)
                                                                                                        of subpart H specify 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.                                        

[[Page 133]]

                                                                                                                                                        
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 G specifies           
                                                                                                        performance test reporting; not applicable to   
                                                                                                        subpart H.                                      
63.10(d)(3)....................................................  No..................................                                                   
63.10(d)(4)....................................................  Yes.................................                                                   
63.10(d)(5)....................................................  Yes.................................  Except that reports required by Sec.  63.10(d)(5)
                                                                                                        shall be submitted at the time specified in Sec.
                                                                                                         63.152(d) of subpart G and in Sec.  63.182(d)  
                                                                                                        of subpart H.                                   
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.                                                                                                                                    



[[Page 134]]

[62 FR 2737, Jan. 17, 1997]

   Table 4. to Subpart F.--Organic Hazardous Air Pollutants Subject to  
          Cooling Tower Monitoring Requirements in Sec.  63.104         
------------------------------------------------------------------------
                                                                  CAS   
                        Chemical name                          Number a 
------------------------------------------------------------------------
Acetaldehyde................................................       75070
Acetonitrile................................................       75058
Acetophenone................................................       98862
Acrolein....................................................      107028
Acrylonitrile...............................................      107131
Allyl chloride..............................................      107051
Aniline.....................................................       62533
Anisidine (o-)..............................................       90040
Benzene.....................................................       71432
Benzyl chloride.............................................      100447
Biphenyl....................................................       92524
Bromoform...................................................       75252
Butadiene (1,3-)............................................      106990
Carbon disulfide............................................       75150
Carbon tetrachloride........................................       56235
Chloroacetophenone (2-).....................................      532274
Chlorobenzene...............................................      108907
2-Chloro-1,3-butadiene (Chloroprene)........................      126998
Chloroform..................................................       67663
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
Dichloroethyl ether (Bis(2-chloroethyl)ether)...............      111444
Dichloropropene (1,3-)......................................      542756
Diethylene glycol diethyl ether.............................      112367
Diethylene glycol dimethyl ether............................      111966
Diethyl sulfate.............................................       64675
Dimethylaniline (N,N-)......................................      121697
Dimethylhydrazine (1,1-)....................................       57147
Dimethyl phthalate..........................................      131113
Dimethyl sulfate............................................       77781
Dinitrophenol (2,4-)........................................       51285
Dinitrotoluene (2,4-).......................................      121142
Dioxane (1,4-) (1,4-Diethyleneoxide)........................      123911
Epichlorohydrin (1-Chloro-2,3-epoxypropane).................      106898
Ethyl acrylate..............................................      140885
Ethylbenzene................................................      100414
Ethyl chloride (Chloroethane)...............................       75003
Ethylene dibromide (Dibromoethane)..........................      106934
Ethylene glycol dimethyl ether..............................      110714
Ethylene glycol monobutyl ether.............................      111762
Ethylene glycol monobutyl ether acetate.....................      112072
Ethylene glycol monoethyl ether acetate.....................      111159
Ethylene glycol monoethyl ether.............................      110805
Ethylene glycol monomethyl ether............................      109864
Ethylene glycol monomethyl ether acetate....................      110496
Ethylene glycol monopropyl ether............................     2807309
Ethylene oxide..............................................       75218
Ethylidene dichloride (1,1-Dichloroethane)..................       75343
Formaldehyde................................................       50000
Hexachlorobenzene...........................................      118741
Hexachlorobutadiene.........................................       87683
Hexachloroethane............................................       67721
Hexane......................................................      110543
Isophorone..................................................       78591
Methanol....................................................       67561
Methyl bromide (Bromomethane)...............................       74839
Methyl chloride (Chloromethane).............................       74873
Methyl ethyl ketone (2-Butanone)............................       78933
Methyl hydrazine............................................       60344
Methyl isobutyl ketone (Hexone).............................      108101
Methyl methacrylate.........................................       80626
Methyl tert-butyl ether.....................................     1634044
Methylene chloride (Dichloromethane)........................       75092
Methylenedianiline (4,4'-)..................................      101779
Naphthalene.................................................       91203
Nitrobenzene................................................       98953
Nitropropane (2-)...........................................       79469
Phenol......................................................      108952
Phenylenediamine (p-).......................................      106503
Phosgene....................................................       75445
Propionaldehyde.............................................      123386
Propylene dichloride (1,2-Dichloropropane)..................       78875
Propylene oxide.............................................       75569
Quinone.....................................................      106514
Styrene.....................................................      100425
Tetrachloroethane (1,1,2,2-)................................       79345
Tetrachloroethylene (Perchloroethylene).....................      127184
Toluene.....................................................      108883
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 (1,1-Dichloroethylene)..................       75354
Xylene (m-).................................................      108383
Xylene (o-).................................................       95476
Xylene (p-).................................................      106423
------------------------------------------------------------------------
a CAS Number=Chemical Abstract Service number.                          


[62 FR 2740, Jan. 17, 1997]



    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

[[Page 135]]

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 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.

[[Page 136]]

    (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.
    (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;

[[Page 137]]

    (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 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

[[Page 138]]

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 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.
    (10) As an alternative to the requirements of paragraphs (d)(2), 
(d)(3), (d)(5), (d)(6), (d)(8), and/or (d)(9) of this section as 
applicable, if a chemical manufacturing process unit has equipment 
subject to the provisions of this subpart and equipment subject to the 
provisions of 40 CFR part 60, subpart III, NNN, or RRR, the owner or 
operator may elect to apply this subpart to all such equipment in the 
chemical manufacturing process unit. If the owner or operator elects 
this method of compliance, all total organic compounds minus methane and 
ethane, in such equipment shall be considered for purposes of 
applicability and compliance with this subpart, as if they were organic 
hazardous air pollutants. Compliance with the provisions of this 
subpart, in the manner described in this paragraph, shall be deemed to 
constitute compliance with 40 CFR part 60, subpart III, NNN, or RRR, as 
applicable.
    (e) Overlap with other regulations for wastewater. (1) 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 FF is required to 
comply with the provisions of both this subpart and 40 CFR part 61, 
subpart FF. Alternatively, the owner or operator may elect to comply 
with the provisions of paragraphs (e)(1)(i) and (e)(1)(ii) of this 
section, which shall constitute compliance with the provisions of 40 CFR 
part 61, subpart FF.
    (i) Comply with the provisions of this subpart; and
    (ii) For any Group 2 wastewater stream or organic stream whose 
benzene emissions are subject to control through the use of one or more 
treatment processes or waste management units under the provisions of 40 
CFR part 61, subpart FF on or after December 31, 1992, comply with the 
requirements of this subpart for Group 1 wastewater streams.
    (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, no later than four months 
before the applicable compliance date specified in Sec. 63.100 of 
subpart F of this part, 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.

[[Page 139]]

    (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.
    (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, no later than four months 
before the applicable compliance date specified in Sec. 63.100 of 
subpart F of this part, 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.
    (h) Overlap with other regulations for monitoring, recordkeeping, or 
reporting with respect to combustion devices, recovery devices, or 
recapture devices. After the compliance dates specified in Sec. 63.100 
of subpart F of this part, if any combustion device, recovery device, or

[[Page 140]]

recapture device subject to this subpart is also subject to monitoring, 
recordkeeping, and reporting requirements in 40 CFR part 264, subpart AA 
or CC, or is subject to monitoring and recordkeeping requirements in 40 
CFR part 265, subpart AA or CC and the owner or operator complies with 
the periodic reporting requirements under 40 CFR part 264, subpart AA or 
CC that would apply to the device if the facility had final-permitted 
status, the owner or operator may elect to comply either with the 
monitoring, recordkeeping, and reporting requirements of this subpart, 
or with the monitoring, recordkeeping, and reporting requirements in 40 
CFR parts 264 and/or 265, as described in this paragraph, which shall 
constitute compliance with the monitoring, recordkeeping, and reporting 
requirements of this subpart. The owner or operator shall identify which 
option has been selected in the Notification of Compliance Status 
required by Sec. 63.152(b).

[59 FR 19468, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994; 
60 FR 5321, Jan. 27, 1995; 61 FR 64575, Dec. 5, 1996; 62 FR 2742, Jan. 
17, 1997]



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.
    Annual 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.
    Annual 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).
    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.
    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 in the form of steam and is not an incinerator. Boiler also means 
any industrial furnace as defined in 40 CFR 260.10.
    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.
    Chemical manufacturing process unit means the equipment assembled 
and connected by pipes or ducts to process raw materials and to 
manufacture an intended product. A chemical manufacturing process unit 
consists of more than one unit operation. For the purpose of this 
subpart, 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; associated recovery 
devices; and any feed, intermediate and product storage vessels, product 
transfer racks, and connected ducts and piping. A chemical manufacturing 
process unit includes

[[Page 141]]

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.
    Closed biological treatment process means a tank or surface 
impoundment where biological treatment occurs and air emissions from the 
treatment process are routed to either a control device by means of a 
closed vent system or to a fuel gas system by means of hard-piping. The 
tank or surface impoundment has a fixed roof, as defined in Sec. 63.111 
of this subpart, or a floating flexible membrane cover that meets the 
requirements specified in Sec. 63.134 of this subpart.
    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.
    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 emissions.
    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) or 
Sec. 63.152(g) 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. A continuous seal may be 
constructed of fastened segments so as to form a continuous 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 combustion device, recovery device, or 
recapture device. Such equipment includes, but is not limited to, 
absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, 
and process heaters. For process vents, recapture devices are considered 
control devices but 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 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 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,

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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.
    Enhanced biological treatment system or enhanced biological 
treatment process means an aerated treatment unit(s) that contains 
biomass suspended in water followed by a clarifier that removes biomass 
from the treated water and recycles recovered biomass to the aeration 
unit. The mixed liquor volatile suspended solids (biomass) is greater 
than 1 kilogram per cubic meter homogeneously distributed throughout 
each aeration unit. The biomass is suspended and aerated in the water of 
the aeration unit(s) by either submerged air flow or mechanical 
agitation.
    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 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 
or process heater 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, 
or whether the valve position would allow gas flow to be, present in a 
line.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous stream(s) generated by onsite operations, 
may blend them with other sources of gas, and transports the gaseous 
stream for use as fuel gas in combustion devices, or in-process 
combustion equipment such as furnaces and gas turbines, either singly or 
in combination.
    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 wastewater stream consisting of 
process wastewater as defined in Sec. 63.101 of subpart F at an existing 
or new source

[[Page 143]]

that meets the criteria for Group 1 status in Sec. 63.132(c) of this 
subpart for Table 9 compounds and/or a wastewater stream consisting of 
process wastewater at a new source that meets the criteria for Group 1 
status in Sec. 63.132(d) of this subpart for Table 8 compounds.
    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).
    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 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 process drains 
and junction boxes, together with their associated sewer lines and other 
junction boxes, manholes, sumps, and lift stations, conveying wastewater 
streams or residuals. 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 
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.
    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:

[[Page 144]]

    (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
    (4) Any other method approved by the Administrator.
    Metallic shoe seal or mechanical shoe seal means metal sheets that 
are held vertically against the wall of the storage vessel by springs, 
weighted levers, or other mechanisms and 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.
    Open biological treatment process means a biological treatment 
process that is not a closed biological treatment process as defined in 
this section.
    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 determination means each point where process wastewater 
exits the chemical manufacturing process unit.

    Note to definition for point of determination: The regulation allows 
determination of the characteristics of a wastewater stream (1) at the 
point of determination or (2) downstream of the point of determination 
if corrections are made for changes in flow rate and annual average 
concentration of Table 8 or Table 9 compounds as determined in 
Sec. 63.144 of this subpart. Such changes include losses by air 
emissions; reduction of annual average concentration or changes in flow 
rate by mixing with other water or wastewater streams; and reduction in 
flow rate or annual average concentration by treating or otherwise 
handling the wastewater stream to remove or destroy hazardous air 
pollutants.

    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 this section.
    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 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

[[Page 145]]

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.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are not 
limited to, absorbers, carbon adsorbers, and condensers.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse or for sale for fuel 
value, use, or reuse. Examples of equipment that may be recovery devices 
include absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. For purposes of the 
monitoring, recordkeeping, and reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    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 or recapture device used to reduce organic hazardous air 
pollutant 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, recapture device, or recovery device used to reduce organic 
hazardous air pollutants 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(d) of 
this subpart or any of the other alternative control measures specified 
in Sec. 63.138(b), (c), (e), (f), (g), or (h) of this subpart; and
    (3) A control device to reduce by 95 percent (or to an outlet 
concentration

[[Page 146]]

of 20 parts per million by volume for combustion devices or for 
noncombustion devices controlling air emissions from waste management 
units other than surface impoundments or containers) the organic 
hazardous air pollutants 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 liquid or solid material containing Table 9 
compounds 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 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 a minimum 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.
    Table 8 compound means a compound listed in table 8 of this subpart.
    Table 9 compound means a compound listed in table 9 of this subpart.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having a minimum accuracy of (a) 1 
percent of the temperature being monitored expressed in degrees Celsius 
( deg.C) or (b) 0.5 degrees ( 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.

[[Page 147]]

    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.
    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 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.
    Waste management unit means the equipment, structure(s), and/or 
device(s) 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. If such 
equipment is used for recovery, then it is part of a chemical 
manufacturing process unit and is not a waste management unit.
    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; 62 FR 2742, Jan. 17, 1997]



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.

[[Page 148]]

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 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, the leak inspection provisions in 
Sec. 63.148, and the provisions in Sec. 63.149 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.
    (3) When emissions of different kinds (e.g., emissions from process 
vents, transfer operations, storage vessels, process wastewater, and/or 
in-process equipment subject to Sec. 63.149 of this subpart) are 
combined, and at least one of the emission streams would be classified 
as Group 1 in the absence of combination with other emission streams, 
the owner or operator shall comply with the requirements of either 
paragraph (e)(3)(i) or paragraph (e)(3)(ii) of this section.
    (i) Comply with the applicable requirements of this subpart for each 
kind of emissions in the stream (e.g., the requirements in Secs. 63.113 
through 63.118 of this subpart G for process vents, and the requirements 
of Secs. 63.126 through 63.130 for transfer operations); or
    (ii) Comply with the first set of requirements identified in 
paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E) of this section which 
applies to any individual emission stream that is included in the 
combined stream, where either that emission stream would be classified 
as Group 1 in the absence of combination with other emission streams, or 
the owner chooses to consider that emission stream to be Group 1 for 
purposes of this paragraph. Compliance with the first applicable set of 
requirements identified in paragraphs (e)(3)(ii)(A) through 
(e)(3)(ii)(E) of this section constitutes compliance with all other 
requirements in paragraphs (e)(3)(ii)(A)

[[Page 149]]

through (e)(3)(ii)(E) of this section applicable to other types of 
emissions in the combined stream.
    (A) The requirements of this subpart for Group 1 process vents, 
including applicable monitoring, recordkeeping, and reporting;
    (B) The requirements of this subpart for Group 1 transfer racks, 
including applicable monitoring, recordkeeping, and reporting;
    (C) The requirements of Sec. 63.119(e) for control of emissions from 
Group 1 storage vessels, including monitoring, recordkeeping, and 
reporting;
    (D) The requirements of Sec. 63.139 for control devices used to 
control emissions from waste management units, including applicable 
monitoring, recordkeeping, and reporting; or
    (E) The requirements of Sec. 63.139 for closed vent systems for 
control of emissions from in-process equipment subject to Sec. 63.149, 
including applicable monitoring, recordkeeping, and reporting.
    (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.
    (h) Where the provisions of this subpart require a performance test, 
waiver of that requirement shall be addressed only as provided in 
Sec. 63.103(b)(5) of subpart F of this part.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2744, Jan. 17, 1997]



Sec. 63.113  Process vent provisions--reference control technology.

    (a) The owner or operator of a Group 1 process vent as defined 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 hazardous air pollutants by 98 
weight-percent or to a concentration of 20 parts per million by volume, 
whichever is less stringent. For combustion devices, the emission 
reduction or concentration shall be calculated on a dry basis, corrected 
to 3-percent oxygen, and compliance can be determined by measuring 
either organic hazardous air pollutants or total organic carbon using 
the procedures in Sec. 63.116 of this subpart.
    (i) Compliance with paragraph (a)(2) of this section may be achieved 
by using any combination of combustion, recovery, and/or recapture 
devices, except that a recovery device may not be used to comply with 
paragraph (a)(2) of this section by reducing emissions of total organic 
hazardous air pollutants by 98 weight-percent, except as provided in 
paragraph (a)(2)(ii) of this section.
    (ii) An owner or operator may use a recovery device, alone or in 
combination with one or more combustion or recapture devices, to reduce 
emissions of total organic hazardous air pollutants by 98 weight-percent 
if all the conditions of paragraphs (a)(2)(ii)(A) through (a)(2)(ii)(D) 
of this section are met.
    (A) The recovery device (and any combustion device or recapture 
device which operates in combination with the recovery device to reduce 
emissions of total organic hazardous air pollutants by 98 weight-
percent) was installed before the date of proposal of the subpart of 
this part 63 that makes this subpart G applicable to process vents in 
the chemical manufacturing process unit.

[[Page 150]]

    (B) The recovery device that will be used to reduce emissions of 
total organic hazardous air pollutants by 98 weight-percent is the last 
recovery device before emission to the atmosphere.
    (C) The recovery device, alone or in combination with one or more 
combustion or recapture devices, is capable of reducing emissions of 
total organic hazardous air pollutants by 98 weight-percent, but is not 
capable of reliably reducing emissions of total organic hazardous air 
pollutants to a concentration of 20 parts per million by volume.
    (D) If the owner or operator disposed of the recovered material, the 
recovery device would comply with the requirements of this subpart for 
recapture devices.
    (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. If the TRE 
index value is greater than 1.0, 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 
exiting the combustion device shall be ducted to a halogen reduction 
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 
halogen reduction 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 reduction device was installed 
prior to December 31, 1992, the 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 halogen reduction 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

[[Page 151]]

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.
    (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.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2745, Jan. 17, 1997]



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, or that uses a recovery device or recapture device to 
comply with the requirements in Sec. 63.113(a)(2) of this subpart, shall 
install monitoring equipment specified in paragraph (a)(1), (a)(2), 
(a)(3), (a)(4), or (a)(5) of this section, depending on the type of 
device used. All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (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) A flow meter equipped with a continuous recorder shall be 
located at the scrubber influent for liquid flow. Gas stream flow shall 
be determined using one of the procedures specified in paragraphs 
(a)(4)(ii)(A) through (a)(4)(ii)(C) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart 
specified in Sec. 63.100(k) of subpart F of this part, the owner or 
operator may determine gas stream flow by the method that had been 
utilized to comply with those regulations. A determination that was 
conducted prior to the compliance date for this subpart

[[Page 152]]

may be utilized to comply with this subpart if it is still 
representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method which will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method which will at least provide 
a value for either a representative or the highest gas stream flow 
anticipated in the scrubber during representative operating conditions 
other than start-ups, shutdowns, or malfunctions. The plan shall include 
a description of the methodology to be followed and an explanation of 
how the selected methodology will reliably determine the gas stream 
flow, and a description of the records that will be maintained to 
document the determination of gas stream flow. The owner or operator 
shall maintain the plan as specified in Sec. 63.103(c).
    (5) Where a recovery device or recapture device is used to comply 
with the requirements of Sec. 63.113(a)(2) of this subpart, the owner or 
operator shall utilize the appropriate monitoring device identified in 
paragraph (b), (b)(1), (b)(2), or (b)(3) of this section.
    (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 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 manufacturer's specifications or other written 
procedures that provide adequate assurance that the equipment would 
reasonably be expected to monitor accurately. 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 or better, capable 
of recording the total regeneration stream mass or volumetric 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 Sec. 63.152(e) of this subpart. Approval 
shall be requested if the owner or operator:
    (1) Uses a combustion 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 combustion or recovery or recapture 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) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified

[[Page 153]]

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 non-diverting 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 non-diverting 
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. The range may be based 
upon a prior performance test conducted for determining compliance with 
a regulation promulgated by the EPA, and the owner or operator is not 
required to conduct a performance test under Sec. 63.116 of this 
subpart, if the prior performance test was conducted using the same 
methods specified in Sec. 63.116 and either no process changes have been 
made since the test, or the owner or operator can demonstrate that the 
results of the performance test, with or without adjustments, reliably 
demonstrate compliance despite process changes.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2745, Jan. 17, 1997]



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 hazardous air pollutants or total organic carbon concentration 
or TRE index value, as specified under paragraph (b), (c), or (d) of 
this section, the sampling site shall be after the last recovery device 
(if any recovery devices are present) but prior to the inlet of any 
control device that is present 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 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

[[Page 154]]

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.
    (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.

[[Page 155]]

    (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.
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

[[Page 156]]

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.
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:

[[Page 157]]

[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 hazardous air 
pollutants concentration for each process vent, as necessary to 
determine whether the vent is Group 1 or Group 2, whenever process 
changes are made that could reasonably be expected to change the vent to 
a Group 1 vent. 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) 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.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997]



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

[[Page 158]]

owner or operator shall comply with the flare provisions in 
Sec. 63.11(b) of subpart A of this part.
    (1) The compliance determination 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)(5) 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 a regulation promulgated by the EPA and the 
test was conducted using the same methods specified in this section and 
either no process changes have been made since the test, or the owner or 
operator can demonstrate that the results of the performance test, with 
or without adjustments, reliably demonstrate compliance despite process 
changes.
    (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.
    (5) 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, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (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

[[Page 159]]

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 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 160]]

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 halogen reduction device to control halogenated 
process vent streams in compliance with Sec. 63.113(c)(1) 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 halogen 
reduction 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 
halogen reduction 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 halogen reduction device shall be summed 
together. The mass emissions of the compounds

[[Page 161]]

present at the outlet of the scrubber or other halogen reduction 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 halogen reduction 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 halogen reduction 
device 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.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997]



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.

[[Page 162]]

    (6) Record and report the following when using a scrubber following 
a combustion device to control a halogenated process vent stream:
    (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 permit application or by other appropriate means.
    (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.

[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996]



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,

[[Page 163]]

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 determined according to the 
procedures specified in Sec. 63.152(f). For flares, records of the times 
and duration of all periods during which all pilot flames are 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 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. 63.113(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 determined according to the 
procedures specified in Sec. 63.152(f). 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

[[Page 164]]

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 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

[[Page 165]]

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.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2747, Jan. 17, 1997]



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 for new sources) storing a 
liquid for which the maximum true vapor pressure of the total organic 
hazardous air pollutants in the liquid is less than 76.6 kilopascals, 
the owner or operator shall reduce hazardous air pollutants emissions to 
the atmosphere either by operating and maintaining 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, or routing the emissions to a process or a fuel gas 
system in accordance with the requirements in paragraph (b), (c), (d), 
(e), or (f) 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 hazardous air pollutants 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 route the 
emissions to a process or a fuel gas system as specified in paragraph 
(f) 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

[[Page 166]]

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 practical.
    (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 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

[[Page 167]]

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.
    (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

[[Page 168]]

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 practical.
    (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
    (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.
    (6) An owner or operator may use a combination of control devices to 
achieve the required reduction of total organic hazardous air pollutants 
specified in paragraph (e)(1) of this section. An owner or operator may 
use a combination of control devices installed on a storage vessel on or 
before December 31, 1992 to achieve the required reduction of total 
organic hazardous air pollutants specified in paragraph (e)(2) of this 
section.

[[Page 169]]

    (f) The owner or operator who elects to route emissions to a fuel 
gas system or to a process, 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 in paragraphs (f)(1) through 
(f)(3) of this section, as applicable.
    (1) If emissions are routed to a fuel gas system, there is no 
requirement to conduct a performance test or design evaluation. If 
emissions are routed to a process, the organic hazardous air pollutants 
in the emissions shall predominantly meet one of, or a combination of, 
the ends specified in paragraphs (f)(1)(i) through (f)(1)(iv) of this 
section. The owner or operator shall comply with the compliance 
demonstration requirements in Sec. 63.120(f).
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
organic hazardous air pollutants;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (2) If the emissions are conveyed by a system other than hard-
piping, any conveyance system operated under positive pressure shall be 
subject to the requirements of Sec. 63.148 of this subpart.
    (3) The fuel gas system or process shall be operating at all times 
when organic hazardous air pollutants emissions are routed to it except 
as provided in Sec. 63.102(a)(1) of subpart F of this part and in 
paragraphs (f)(3)(i) through (f)(3)(iii) of this section. Whenever the 
owner or operator by-passes the fuel gas system or process, the owner or 
operator shall comply with the recordkeeping requirement in 
Sec. 63.123(h) of this subpart. Bypassing is permitted if the owner or 
operator complies with one or more of the conditions specified in 
paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
    (i) The liquid level in the storage vessel is not increased;
    (ii) The emissions are routed through a closed-vent system to a 
control device complying with Sec. 63.119(e) of this subpart; or
    (iii) The total aggregate amount of time during which the emissions 
by-pass the fuel gas system or process during the calendar year without 
being routed to a control device, for all reasons (except start-ups/
shutdowns/malfunctions or product changeovers of flexible operation 
units and periods when the storage vessel has been emptied and 
degassed), does not exceed 240 hours.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2747, Jan. 17, 1997]



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.

[[Page 170]]

    (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
    (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 practical.
    (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.

[[Page 171]]

    (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 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 an 0.32 centimeter (\1/
8\ inch) 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.

[[Page 172]]

    (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 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 practical.
    (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 practical.
    (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.

[[Page 173]]

    (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.
    (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, except as provided in paragraph (d)(8) 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

[[Page 174]]

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 Notification 
of Compliance Status required by Sec. 63.151 (b) of this subpart, a 
monitoring plan containing 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 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 (e.g., when the liquid level in the storage vessel is being 
raised); 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 monitoring 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.
    (8) A design evaluation or performance test is not required, if the 
owner or operator uses a combustion device meeting the criteria in 
paragraph (d)(8)(i), (d)(8)(ii), (d)(8)(iii), or (d)(8)(iv) of this 
section.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (ii) 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.
    (iii) 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 or

[[Page 175]]

has certified compliance with the interim status requirements of 40 CFR 
part 265, subpart O.
    (iv) A boiler or process heater into which the vent stream is 
introduced with the primary fuel.
    (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.
    (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.
    (f) To demonstrate compliance with Sec. 63.119(f) of this subpart 
(storage vessel routed to a process), the owner or operator shall 
prepare a design evaluation (or engineering assessment) that 
demonstrates the extent to which one or more of the ends specified in 
Sec. 63.119(f)(1)(i) through (f)(1)(iv) are being met. The owner or 
operator shall submit the design evaluation as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart.

[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 
FR 2748, Jan. 17, 1997]



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) [Reserved]

[[Page 176]]

    (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 Monitoring Plan, 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. An owner or operator who 
elects to comply with Sec. 63.119(f) of this subpart by routing 
emissions to a process or to a fuel gas system shall submit, as part of 
the Notification of Compliance Status required by Sec. 63.152(b) of this 
subpart, the information specified in paragraph (c)(3) 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.
    (3) If emissions are routed to a process, the owner or operator 
shall submit the information specified in Sec. 63.120(f). If emissions 
are routed to a fuel gas system, the owner or operator shall submit a 
statement that the emission stream is connected to the fuel gas system 
and whether the conveyance system is subject to the requirements of 
Sec. 63.148.
    (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 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.

[[Page 177]]

    (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, 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

[[Page 178]]

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 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.

[59 FR 19468, Apr. 22, 1996, as amended at 61 FR 64576, Dec. 5, 1996; 62 
FR 2748, Jan. 17, 1997]



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) [Reserved]
    (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.

[[Page 179]]

    (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.
    (h) An owner or operator who uses the by-pass provisions of 
Sec. 63.119(f)(3) of this subpart shall keep in a readily accessible 
location the records specified in paragraphs (h)(1) through (h)(3) of 
this section.
    (1) The reason it was necessary to by-pass the process equipment or 
fuel gas system;
    (2) The duration of the period when the process equipment or fuel 
gas system was by-passed;
    (3) Documentation or certification of compliance with the applicable 
provisions of Sec. 63.119(f)(3)(i) through Sec. 63.119(f)(3)(iii).

[59 FR 19468, Apr. 22, 1996, as amended at 61 FR 64576, Dec. 5, 1996; 62 
FR 2748, Jan. 17, 1997]
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 hazardous air pollutants vapors displaced from tank 
trucks or railcars during loading, and to route the collected hazardous 
air pollutants vapors to a process, or to a fuel gas system, or 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 another loading arm in the rack to the atmosphere.
    (3) Whenever organic hazardous air pollutants emissions are vented 
to a process, fuel gas system, or control device used to comply with the 
provisions of this subpart, the process, fuel gas system, or control 
device shall be operating.
    (b) For each Group 1 transfer rack the owner or operator shall 
comply with paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this section.
    (1) Use a control device to reduce emissions of total organic 
hazardous air pollutants by 98 weight-percent or to an exit 
concentration of 20 parts per million by volume, whichever is less 
stringent. For combustion devices, the emission reduction or 
concentration shall be calculated on a dry basis, corrected to 3-percent 
oxygen. If a boiler or process heater is used to comply

[[Page 180]]

with the percent reduction requirement, then the vent stream shall be 
introduced into the flame zone of such a device. Compliance may be 
achieved by using any combination of combustion, recovery, and/or 
recapture devices.
    (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 hazardous air pollutants using a 
vapor balancing system designed and operated to collect organic 
hazardous air pollutants vapors displaced from tank trucks or railcars 
during loading; and to route the collected hazardous air pollutants 
vapors to the storage vessel from which the liquid being loaded 
originated, or to another storage vessel connected to a common header, 
or to compress and route to a process collected hazardous air pollutants 
vapors.
    (4) Route emissions of organic hazardous air pollutants to a fuel 
gas system or to a process where the organic hazardous air pollutants in 
the emissions shall predominantly meet one of, or a combination of, the 
ends specified in paragraphs (b)(4)(i) through (b)(4)(iv) of this 
section.
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
organic hazardous air pollutants;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (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 
exiting the combustion device shall be ducted to a halogen reduction 
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 
halogen reduction 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 reduction device was installed 
prior to December 31, 1992, the halogen reduction 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 halogen reduction device, such as a scrubber, or other 
technique may be used to make the vent stream non-halogenated 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

[[Page 181]]

    (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:
[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-relief device 
in the transfer rack's vapor collection system or in the organic 
hazardous air pollutants loading equipment of each tank truck or railcar 
shall begin to open during loading. Pressure relief devices needed for 
safety purposes are not subject to this paragraph.
    (i) Each valve in the vent system that would divert the vent stream 
to the atmosphere, either directly or indirectly, shall be secured in a 
non-diverting position using a carseal 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 devices needed for safety purposes 
is not subject to this paragraph.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2749, Jan. 17, 1997]



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 
hazardous air pollutants 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 (or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately) the monitoring equipment specified in paragraph 
(a)(1), (a)(2), (a)(3), or (a)(4) of this section, as appropriate.

[[Page 182]]

    (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, 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) A flow meter equipped with a continuous recorder shall be 
located at the scrubber influent for liquid flow. Gas stream flow shall 
be determined using one of the procedures specified in paragraphs 
(a)(4)(ii)(A) through (a)(4)(ii)(C) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart 
specified in Sec. 63.100(k) of subpart F of this part, the owner or 
operator may determine gas stream flow by the method that had been 
utilized to comply with those regulations. A determination that was 
conducted prior to the compliance date for this subpart may be utilized 
to comply with this subpart if it is still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method which will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method which will at least provide 
a value for either a representative or the highest gas stream flow 
anticipated in the scrubber during representative operating conditions 
other than start-ups, shutdowns, or malfunctions. The plan shall include 
a description of the methodology to be followed and an explanation of 
how the selected methodology will reliably determine the gas stream 
flow, and a description of the records that will be maintained to 
document the determination of gas stream flow. The owner or operator 
shall maintain the plan as specified in Sec. 63.103(c).
    (b) Each owner or operator of a Group 1 transfer rack that uses a 
recovery device or recapture device to comply with the 98-percent 
organic hazardous air pollutants reduction or 20 parts per million by 
volume hazardous air pollutants 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 or recapture device 
used. All monitoring equipment shall be installed, calibrated, and 
maintained according to the manufacturer's specifications or other 
written procedures that provide adequate assurance that the equipment 
would reasonably be expected to monitor accurately.
    (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.

[[Page 183]]

    (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 or better, 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) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.130(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 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.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2749, Jan. 17, 1997]



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

[[Page 184]]

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.
    (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:


[[Page 185]]


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 hazardous air 
pollutants or organic compound samples, and the samples shall be taken 
during the same time that the organic hazardous air pollutants 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.
    (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:

[[Page 186]]

[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:

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 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.

[[Page 187]]

    (c) An owner or operator is not required to conduct a performance 
test when any of the conditions specified in paragraphs (c)(1) through 
(c)(7) 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 emissions are routed to a fuel gas system or when a boiler 
or process heater is used and 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.
    (7) When a hazardous waste incinerator is used 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, or has 
certified compliance with the interim status requirements 40 CFR part 
265, subpart O.
    (d) An owner or operator using a combustion device followed by a 
scrubber or other halogen reduction 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 halogen 
reduction device used to reduce halogen emissions. For an owner or 
operator complying with the 0.45 kilogram 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 halogen 
reduction 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 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

[[Page 188]]

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 or better 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 halogen reduction 
device 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) 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 Notification 
of Compliance Status required by Sec. 63.152(b) 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 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 for each 
control device. 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, except

[[Page 189]]

as provided in Secs. 63.152(c) and 63.152(f) of this subpart.

[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 
FR 2750, Jan. 17, 1997]



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)(8) 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) For combustion devices, the concentration shall be reported 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.
    (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.
    (8) Report that the emission stream is being routed to a fuel gas 
system or a process, when complying using Sec. 63.126(b)(4).
    (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 permit application or by other appropriate means.
    (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

[[Page 190]]

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 Notification of Compliance 
Status required by Sec. 63.152(b) 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 for each control device.

[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 
FR 2750, Jan. 17, 1997]



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 determined according to the procedures specified 
in Sec. 63.152(f), except as provided in paragraphs (a)(2)(i) through 
(a)(2)(iii) of this section.
    (i) 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.
    (ii) 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.
    (iii) 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) was operating and whether a diversion was detected at 
any time during the hour, as well as records of the times of all periods 
when the vent stream is diverted from the control device or the flow 
indicator 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 occurrence 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

[[Page 191]]

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 configuration 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 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.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2750, Jan. 17, 1997]
Sec. 63.131  [Reserved]



Sec. 63.132  Process wastewater provisions--general.

    (a) Existing sources. This paragraph specifies the requirements 
applicable to process wastewater streams located at existing sources. 
The owner or operator shall comply with the requirements in paragraphs 
(a)(1) through (a)(3) of this section, no later than the applicable 
dates specified in Sec. 63.100 of subpart F of this part.
    (1) Determine wastewater streams to be controlled for Table 9 
compounds. Determine whether each wastewater stream requires control for 
Table 9 compounds

[[Page 192]]

by complying with the requirements in either paragraph (a)(1)(i) or 
(a)(1)(ii) of this section, and comply with the requirements in 
paragraph (a)(1)(iii) of this section.
    (i) Comply with paragraph (c) of this section, determining whether 
the wastewater stream is Group 1 or Group 2 for Table 9 compounds; or
    (ii) Comply with paragraph (e) of this section, designating the 
wastewater stream as a Group 1 wastewater stream.
    (iii) Comply with paragraph (f) of this section.
    (2) Requirements for Group 1 wastewater streams. For wastewater 
streams that are Group 1 for Table 9 compounds, comply with paragraphs 
(a)(2)(i) through (a)(2)(iv) of this section.
    (i) Comply with the applicable requirements for wastewater tanks, 
surface impoundments, containers, individual drain systems, and oil/
water separators as specified in Sec. 63.133 through Sec. 63.137 of this 
subpart, except as provided in paragraphs (a)(2)(i)(A) and (a)(2)(i)(B) 
of this section and Sec. 63.138(a)(3) of this subpart.
    (A) The waste management units may be equipped with pressure relief 
devices that vent directly to the atmosphere provided the pressure 
relief device is not used for planned or routine venting of emissions.
    (B) The pressure relief device remains in a closed position at all 
times except when it is necessary for the pressure relief device to open 
for the purpose of preventing physical damage or permanent deformation 
of the waste management unit in accordance with good engineering and 
safety practices.
    (ii) Comply with the applicable requirements for control of Table 9 
compounds as specified in Sec. 63.138 of this subpart. Alternatively, 
the owner or operator may elect to comply with the treatment provisions 
specified in Sec. 63.132(g) of this subpart.
    (iii) Comply with the applicable monitoring and inspection 
requirements specified in Sec. 63.143 of this subpart.
    (iv) Comply with the applicable recordkeeping and reporting 
requirements specified in Secs. 63.146 and 63.147 of this subpart.
    (3) Requirements for Group 2 wastewater streams. For wastewater 
streams that are Group 2, comply with the applicable recordkeeping and 
reporting requirements specified in Secs. 63.146 and 63.147 of this 
subpart.
    (b) New sources. This paragraph specifies the requirements 
applicable to process wastewater streams located at new sources. The 
owner or operator shall comply with the requirements in paragraphs 
(b)(1) through (b)(4) of this section, no later than the applicable 
dates specified in Sec. 63.100 of subpart F of this part.
    (1) Determine wastewater streams to be controlled for Table 8 
compounds. Determine whether each wastewater stream requires control for 
Table 8 compounds by complying with the requirements in either paragraph 
(b)(1)(i) or (b)(1)(ii) of this section, and comply with the 
requirements in paragraph (b)(1)(iii) of this section.
    (i) Comply with paragraph (d) of this section, determining whether 
the wastewater stream is Group 1 or Group 2 for Table 8 compounds; or
    (ii) Comply with paragraph (e) of this section, designating the 
wastewater stream as a Group 1 wastewater stream for Table 8 compounds.
    (iii) Comply with paragraph (f) of this section.
    (2) Determine wastewater streams to be controlled for Table 9 
compounds. Determine whether each wastewater stream requires control for 
Table 9 compounds by complying with the requirements in either paragraph 
(b)(2)(i) or (b)(2)(ii) of this section, and comply with the 
requirements in paragraph (b)(2)(iii) of this section.
    (i) Comply with paragraph (c) of this section, determining whether 
the wastewater stream is Group 1 or Group 2 for Table 9 compounds; or
    (ii) Comply with paragraph (e) of this section, designating the 
wastewater stream as a Group 1 wastewater stream.
    (iii) Comply with paragraph (f) of this section.
    (3) Requirements for Group 1 wastewater streams. For wastewater 
streams that are Group 1 for Table 8 compounds and/or Table 9 compounds, 
comply with paragraphs (b)(3)(i) through (b)(3)(iv) of this section.

[[Page 193]]

    (i) Comply with the applicable requirements for wastewater tanks, 
surface impoundments, containers, individual drain systems, and oil/
water separators specified in the requirements of Sec. 63.133 through 
Sec. 63.137 of this subpart, except as provided in paragraphs 
(b)(3)(i)(A) and (b)(3)(i)(B) of this section and Sec. 63.138(a)(3) of 
this subpart.
    (A) The waste management units may be equipped with pressure relief 
devices that vent directly to the atmosphere provided the pressure 
relief device is not used for planned or routine venting of emissions.
    (B) The pressure relief device remains in a closed position at all 
times except when it is necessary for the pressure relief device to open 
for the purpose of preventing physical damage or permanent deformation 
of the waste management unit in accordance with good engineering and 
safety practices.
    (ii) Comply with the applicable requirements for control of Table 8 
compounds specified in Sec. 63.138 of this subpart. Alternatively, the 
owner or operator may elect to comply with the provisions specified in 
Sec. 63.132(g) of this subpart.
    (iii) Comply with the applicable monitoring and inspection 
requirements specified in Sec. 63.143 of this subpart.
    (iv) Comply with the applicable recordkeeping and reporting 
requirements specified in Secs. 63.146 and 63.147 of this subpart.
    (4) Requirements for Group 2 wastewater streams. For wastewater 
streams that are Group 2 for both Table 8 and Table 9 compounds, comply 
with the recordkeeping and reporting requirements specified in 
Secs. 63.146 and 63.147 of this subpart.
    (c) How to determine Group 1 or Group 2 status for Table 9 
compounds. This paragraph provides instructions for determining whether 
a wastewater stream is Group 1 or Group 2 for Table 9 compounds. Total 
annual average concentration shall be determined according to the 
procedures specified in Sec. 63.144(b) of this subpart. Annual average 
flow rate shall be determined according to the procedures specified in 
Sec. 63.144(c) of this subpart.
    (1) A wastewater stream is a Group 1 wastewater stream for Table 9 
compounds if:
    (i) The total annual average concentration of Table 9 compounds is 
greater than or equal to 10,000 parts per million by weight at any flow 
rate; or
    (ii) The total annual average concentration of Table 9 compounds is 
greater than or equal to 1,000 parts per million by weight and the 
annual average flow rate is greater than or equal to 10 liters per 
minute.
    (2) A wastewater stream is a Group 2 wastewater stream for Table 9 
compounds if it is not a Group 1 wastewater stream for Table 9 compounds 
by the criteria in paragraph (c)(1) of this section.
    (d) How to determine Group 1 or Group 2 status for Table 8 
compounds. This paragraph provides instructions for determining whether 
a wastewater sream is Group 1 or Group 2 for Table 8 compounds. Annual 
average concentration for each Table 8 compound shall be determined 
according to the procedures specified in Sec. 63.144(b) of this subpart. 
Annual average flow rate shall be determined according to the procedures 
specified in Sec. 63.144(c) of this subpart.
    (1) A wastewater stream is a Group 1 wastewater stream for Table 8 
compounds if the annual average flow rate is 0.02 liter per minute or 
greater and the annual average concentration of any individual table 8 
compound is 10 parts per million by weight or greater.
    (2) A wastewater stream is a Group 2 wastewater stream for Table 8 
compounds if the annual average flow rate is less than 0.02 liter per 
minute or the annual average concentration for each individual Table 8 
compound is less than 10 parts per million by weight.
    (e) How to designate a Group 1 wastewater stream. The owner or 
operator may elect to designate a wastewater stream a Group 1 wastewater 
stream in order to comply with paragraph (a)(1) or (b)(1) of this 
section. To designate a wastewater stream or a mixture of wastewater 
streams a Group 1 wastewater stream, the procedures specified in 
paragraphs (e)(1) and (e)(2) of this section and Sec. 63.144(a)(2) of 
this subpart shall be followed.
    (1) From the point of determination for each wastewater stream that 
is included in the Group 1 designation to

[[Page 194]]

the location where the owner or operator elects to designate such 
wastewater stream(s) as a Group 1 wastewater stream, the owner or 
operator shall 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 a Group 1 
wastewater stream, such Group 1 wastewater stream 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.
    (f) Owners or operators of sources subject to this subpart shall not 
discard liquid or solid organic materials with a concentration of 
greater than 10,000 parts per million of Table 9 compounds (as 
determined by analysis of the stream composition, engineering 
calculations, or process knowledge, according to the provisions of 
Sec. 63.144(b) of this subpart) from a chemical manufacturing process 
unit to water or wastewater, unless the receiving stream is managed and 
treated as a Group 1 wastewater stream. This prohibition does not apply 
to materials from the activities listed in paragraphs (f)(1) through 
(f)(4) of this section.
    (1) Equipment leaks;
    (2) Activities included in maintenance or startup/shutdown/
malfunction plans;
    (3) Spills; or
    (4) Samples of a size not greater than reasonably necessary for the 
method of analysis that is used.
    (g) Off-site treatment or on-site treatment not owned or operated by 
the source. 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, or 
to an off-site treatment operation.
    (1) The owner or operator transferring the wastewater stream or 
residual shall:
    (i) 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 shipment or transport.
    (ii) Include a notice with the shipment or transport of each Group 1 
wastewater stream or residual removed from a Group 1 wastewater stream. 
The notice shall state that the wastewater stream or residual contains 
organic hazardous air pollutants that are to be treated in accordance 
with the provisions of this subpart. When the transport is continuous or 
ongoing (for example, discharge to a publicly-owned treatment works), 
the notice shall be submitted to the treatment operator initially and 
whenever there is a change in the required treatment.
    (2) The owner or operator may not transfer the wastewater stream or 
residual unless the transferee has submitted to the EPA a written 
certification that the transferee will manage and treat any Group 1 
wastewater stream or residual removed from a Group 1 wastewater stream 
received from a source subject to the requirements of this subpart in 
accordance with the requirements of either Secs. 63.133 through 63.147, 
or Sec. 63.102(b) of subpart F, or subpart D of this part if alternative 
emission limitations have been granted the transferor in accordance with 
those provisions. The certifying entity may revoke the written 
certification by sending a written statement to the EPA and the owner or 
operator giving at least 90 days notice that the certifying entity is 
rescinding acceptance of responsibility for compliance with the 
regulatory provisions listed in this paragraph. Upon expiration of the 
notice period, the owner or operator may not transfer the wastewater 
stream or residual to the treatment operation.
    (3) By providing this written certification to the EPA, the 
certifying entity accepts responsibility for compliance with the 
regulatory provisions listed in paragraph (g)(2) of this section with 
respect to any shipment of wastewater or residual covered by the written 
certification. Failure to abide by any of those provisions with respect 
to such shipments may result in enforcement action by the EPA against

[[Page 195]]

the certifying entity in accordance with the enforcement provisions 
applicable to violations of these provisions by owners or operators of 
sources.
    (4) Written certifications and revocation statements, to the EPA 
from the transferees of wastewater or residuals shall be signed by the 
responsible official of the certifying entity, provide the name and 
address of the certifying entity, and be sent to the appropriate EPA 
Regional Office at the addresses listed in 40 CFR 63.13. Such written 
certifications are not transferable by the treater.

[62 FR 2751, Jan. 17, 1997]



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) of this section as 
specified in table 10 of this subpart.
    (1) The owner or operator shall operate and maintain a fixed roof 
except that if the wastewater tank is used for heating wastewater, or 
treating by means of an exothermic reaction or the contents of the tank 
is sparged, 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) of this section.
    (i) A fixed roof and a closed-vent system that routes the organic 
hazardous air pollutants vapors vented from the wastewater tank to a 
control device.
    (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 
hazardous air pollutants 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 position (e.g., 
covered by a lid) 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.

[[Page 196]]

    (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 paragraph 
(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 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 two 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 
practical.
    (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 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 stored liquid on the floating roof.
    (iii) A rim seal is detached from the floating roof.
    (iv) There are holes, tears, cracks or gaps 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

[[Page 197]]

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 has a crack or gap, or is 
broken.
    (2) The owner or operator shall inspect for the control equipment 
failures in paragraphs (g)(1)(i) through (g)(1)(viii) of this section 
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 calendar days and if the vessel 
cannot be emptied within 45 calendar days, the owner or operator may 
utilize up to two 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 practical.

[62 FR 2753, Jan. 17, 1997]



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 either a cover (e.g., air-supported structure or rigid 
cover) and a closed-vent system that routes the organic hazardous air 
pollutants vapors vented from the surface impoundment to a control 
device in accordance with paragraph (b)(1) of this section, or a 
floating flexible membrane cover as specified in paragraph (b)(2) 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, 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 position (e.g., 
covered by a lid) 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) Floating flexible membrane covers shall meet the requirements 
specified in paragraphs (b)(2)(i) through (b)(2)(vii) of this section.
    (i) The floating flexible cover shall be designed to float on the 
liquid surface during normal operations, and to form a continuous 
barrier over the entire surface area of the liquid.
    (ii) The cover shall be fabricated from a synthetic membrane 
material that is either:
    (A) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (100 mils); or
    (B) 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.
    (iii) The cover shall be installed in a manner such that there are 
no visible

[[Page 198]]

cracks, holes, gaps, or other open spaces between cover section seams or 
between the interface of the cover edge and its foundation mountings.
    (iv) Except as provided for in paragraph (b)(2)(v) 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.
    (v) 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.
    (vi) The closure devices shall be made of suitable materials that 
will minimize exposure of organic hazardous air pollutants to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered in designing the closure devices shall include: The effects 
of any contact with the liquid and its vapor 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 floating membrane cover is installed.
    (vii) Whenever a Group 1 wastewater stream or residual from a Group 
1 wastewater stream 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. Opening of closure devices or removal of the 
cover is allowed to provide access to the surface impoundment for 
performing routine inspection, maintenance, or other activities needed 
for normal operations and/or to remove accumulated sludge or other 
residues from the bottom of surface impoundment. Openings shall be 
maintained in accordance with Sec. 63.148 of this subpart.
    (3) The control device shall be designed, operated, and inspected in 
accordance with Sec. 63.139 of this subpart.
    (4) Except as provided in paragraph (b)(5) of this section, the 
closed-vent system shall be inspected in accordance with Sec. 63.148 of 
this subpart.
    (5) 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 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 joint, lid, cover, or door has a crack 
or gap, or is 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.

[62 FR 2754, Jan. 17, 1997]



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, hatches, sampling ports, and pressure 
relief devices) shall be maintained in

[[Page 199]]

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 paragraph 
(b)(2)(i) or (b)(2)(ii) of this section.
    (i) The container must meet existing Department of Transportation 
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 
position (e.g., covered by a lid) 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 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 hazardous air 
pollutants 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 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 cover or door has a gap or crack, or is 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.

[62 FR 2755, Jan. 17, 1997]



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) 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 if vented, route the vapors to a 
process or through a closed vent system to a control device. The owner 
or operator shall comply with

[[Page 200]]

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 
position 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.
    (c) Each individual drain system shall be inspected initially, and 
semi- annually thereafter, for improper work practices and control 
equipment failures, in accordance with the inspection requirements 
specified in table 11 of this subpart.
    (1) For individual drain systems, improper work practice includes, 
but is not limited to, leaving open any access hatch or other opening 
when such hatch or opening is not in use for sampling or removal, or for 
equipment inspection, maintenance, or repair.
    (2) For individual drain systems, control equipment failure 
includes, but is not limited to, any time a joint, lid, cover, or door 
has a gap or crack, or is 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 or a 
tightly fitting 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 equipped with a water seal, the owner or operator 
shall ensure that the water seal is maintained. 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. Visual 
observation is also an acceptable alternative.
    (ii) If a water seal is used on a drain receiving a Group 1 
wastewater, the owner or operator shall either extend the pipe 
discharging the wastewater below the liquid surface in the water seal of 
the receiving drain, or install a flexible shield (or other enclosure 
which restricts wind motion across the open area between the pipe and 
the drain) that encloses the space between the pipe discharging the 
wastewater to the drain receiving the wastewater. (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 discharging pipe.)
    (2) Each junction box shall be equipped with a tightly fitting solid 
cover (i.e., no visible gaps, cracks, or holes) which shall be kept in 
place at all times except during inspection and maintenance. If the 
junction box is vented, the owner or operator shall comply with the 
requirements in paragraph (e)(2)(i) or (e)(2)(ii) of this section.
    (i) The junction box shall be vented to a process or through a 
closed vent system to a control device. The closed vent system shall be 
inspected in accordance with the requirements of

[[Page 201]]

Sec. 63.148 and the control device shall be designed, operated, and 
inspected in accordance with the requirements of Sec. 63.139.
    (ii) If 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, the owner or operator may vent the 
junction box to the atmosphere provided that the junction box complies 
with the requirements in paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of 
this section.
    (A) The vent pipe shall be at least 90 centimeters in length and no 
greater than 10.2 centimeters in nominal inside diameter.
    (B) Water seals shall be installed and maintained at the wastewater 
entrance(s) to or exit from the junction box restricting 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.
    (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 fitting cap or plug shall be visually 
inspected initially, and semi-annually thereafter, to ensure caps or 
plugs are in place and that there are no gaps, cracks, or other holes in 
the cap or plug.
    (2) Each junction box shall be visually inspected initially, and 
semi-annually thereafter, to ensure that there are no gaps, cracks, or 
other holes in the cover.
    (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, 
hole, or crack is identified in a joint or cover, 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.

[62 FR 2755, Jan. 17, 1997]



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 
hazardous air pollutants 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 
hazardous air pollutants emissions from a given control technique, and 
that accurately simulate wind and account for other emission variables 
such as temperature and barometric pressure, or

[[Page 202]]

    (ii) 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 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 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 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 stored liquid on the floating roof.
    (iii) A rim seal is detached from the floating roof.
    (iv) There are holes, tears, or other open spaces 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 has a gap or crack, or is 
broken.

[[Page 203]]

    (2) The owner or operator shall inspect for the control equipment 
failures in paragraphs (e)(1)(i) through (e)(1)(vi) of this section 
according to the schedule 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.

[62 FR 2756, Jan. 17, 1997]



Sec. 63.138  Process wastewater provisions--performance standards for treatment processes managing Group 1 wastewater streams and/or residuals removed from 
          Group 1 wastewater streams.

    (a) General requirements. This section specifies the performance 
standards for treating Group 1 wastewater streams. The owner or operator 
shall comply with the requirements as specified in paragraphs (a)(1) 
through (a)(6) of this section. Where multiple compliance options are 
provided, the options may be used in combination for different 
wastewater streams and/or for different compounds (e.g., Table 8 versus 
Table 9 compounds) in the same wastewater streams, except where 
otherwise provided in this section. Once a Group 1 wastewater stream or 
residual removed from a Group 1 wastewater stream has been treated in 
accordance with this subpart, it is no longer subject to the 
requirements of this subpart.
    (1) Existing source. If the wastewater stream, at an existing 
source, is Group 1 for Table 9 compounds, comply with Sec. 63.138(b).
    (2) New source. If the wastewater stream, at a new source, is Group 
1 for Table 8 compounds, comply with Sec. 63.138(c). If the wastewater 
stream, at a new source, is Group 1 for Table 9 compounds, comply with 
Sec. 63.138(b). If the wastewater stream, at a new source, is Group 1 
for Table 8 and Table 9 compounds, comply with both Sec. 63.138(b) and 
Sec. 63.138(c).

    Note to paragraph (a)(2): The requirements for Table 8 and/or Table 
9 compounds are similar and often identical.

    (3) Biological treatment processes. Biological treatment processes 
in compliance with this section may be either open or closed biological 
treatment processes as defined in Sec. 63.111. An open biological 
treatment process in compliance with this section need not be covered 
and vented to a control device as required in Sec. 63.133 through 
Sec. 63.137 of this subpart. An open or a closed biological treatment 
process in compliance with this section and using Sec. 63.145(f) or 
Sec. 63.145(g) of this subpart to demonstrate compliance is not subject 
to the requirements of Sec. 63.133 through Sec. 63.137 of this subpart. 
A closed biological treatment process in compliance with this section 
and using Sec. 63.145(e) of this subpart to demonstrate compliance shall 
comply with the requirements of Sec. 63.133 through Sec. 63.137 of this 
subpart. Waste management units upstream of an open or closed biological 
treatment process shall meet the requirements of Sec. 63.133 through 
Sec. 63.137 of this subpart, as applicable.
    (4) Performance tests and design evaluations. If design steam 
stripper option (Sec. 63.138(d)) or Resource Conservation and Recovery 
Act (RCRA) option (Sec. 63.138(h)) is selected to comply with this 
section, neither a design evaluation nor a performance test is required. 
For any other non-biological treatment process, and for closed 
biological treatment processes as defined in Sec. 63.111 of this 
subpart, the owner or operator shall conduct either a design evaluation 
as specified in Sec. 63.138(j), or a performance test as specified in 
Sec. 63.145, of this subpart. For each open biological treatment process 
as defined in Sec. 63.111 of this subpart, the owner or operator shall 
conduct a performance test as specified in Sec. 63.145 of this subpart.

    Note to paragraph (a)(4): Some open biological treatment processes 
may not require a performance test. Refer to Sec. 63.145(h) and table 36 
of this subpart to determine whether the biological treatment process 
meets the criteria that exempt the owner or operator from conducting a 
performance test.

    (5) Control device requirements. When gases are vented from the 
treatment process, the owner or operator shall comply with the 
applicable control device requirements specified in Sec. 63.139

[[Page 204]]

and Sec. 63.145 (i) and (j), and the applicable leak inspection 
provisions specified in Sec. 63.148, of this subpart. This requirement 
does not apply to any open biological treatment process that meets the 
mass removal requirements. Vents from anaerobic biological treatment 
processes may be routed through hard-piping to a fuel gas system.
    (6) Residuals: general. When residuals result from treating Group 1 
wastewater streams, the owner or operator shall comply with the 
requirements for residuals specified in Sec. 63.138(k) of this subpart.
    (7) Treatment using a series of treatment processes. In all cases 
where the wastewater provisions in this subpart allow or require the use 
of a treatment process or control device to comply with emissions 
limitations, the owner or operator may use multiple treatment processes 
or control devices, respectively. For combinations of treatment 
processes where the wastewater stream is conveyed by hard-piping, the 
owner or operator shall comply with either the requirements of paragraph 
(a)(7)(i) or (a)(7)(ii) of this section. For combinations of treatment 
processes where the wastewater stream is not conveyed by hard-piping, 
the owner or operator shall comply with the requirements of paragraph 
(a)(7)(ii) of this section. For combinations of control devices, the 
owner or operator shall comply with the requirements of paragraph 
(a)(7)(i) of this section.
    (i)(A) For combinations of treatment processes, the wastewater 
stream shall be conveyed by hard-piping between the treatment processes. 
For combinations of control devices, the vented gas stream shall be 
conveyed by hard-piping between the control devices.
    (B) For combinations of treatment processes, each treatment process 
shall meet the applicable requirements of Sec. 63.133 through 
Sec. 63.137 of this subpart except as provided in paragraph (a)(3) of 
this section.
    (C) The owner or operator shall identify, and keep a record of, the 
combination of treatment processes or of control devices, including 
identification of the first and last treatment process or control 
device. The owner or operator shall include this information as part of 
the treatment process description reported in the Notification of 
Compliance Status.
    (D) The performance test or design evaluation shall determine 
compliance across the combination of treatment processes or control 
devices. If a performance test is conducted, the ``inlet'' shall be the 
point at which the wastewater stream or residual enters the first 
treatment process, or the vented gas stream enters the first control 
device. The ``outlet'' shall be the point at which the treated 
wastewater stream exits the last treatment process, or the vented gas 
stream exits the last control device.
    (ii)(A) For combinations of treatment processes, each treatment 
process shall meet the applicable requirements of Sec. 63.133 through 
Sec. 63.137 of this subpart except as provided in paragraph (a)(3) of 
this section.
    (B) The owner or operator shall identify, and keep a record of, the 
combination of treatment processes, including identification of the 
first and last treatment process. The owner or operator shall include 
this information as part of the treatment process description reported 
in the Notification of Compliance Status.
    (C) The owner or operator shall determine the mass removed or 
destroyed by each treatment process. The performance test or design 
evaluation shall determine compliance for the combination of treatment 
processes by adding together the mass removed or destroyed by each 
treatment process.
    (b) Control options: Group 1 wastewater streams for Table 9 
compounds. The owner or operator shall comply with either paragraph 
(b)(1) or (b)(2) of this section for the control of Table 9 compounds at 
new or existing sources.
    (1) 50 ppmw concentration option. The owner or operator shall comply 
with paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
    (i) Reduce, by removal or destruction, the total concentration of 
Table 9 compounds 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.
    (ii) This option shall not be used when the treatment process is a 
biological treatment process. This option shall not be used when the 
wastewater

[[Page 205]]

stream is designated as a Group 1 wastewater stream as specified in 
Sec. 63.132(e). Dilution shall not be used to achieve compliance with 
this option.
    (2) Other compliance options. Comply with the requirements specified 
in any one of paragraphs (d), (e), (f), (g), (h), or (i) of this 
section.
    (c) Control options: Group 1 wastewater streams for Table 8 
compounds. The owner or operator shall comply with either paragraph 
(c)(1) or (c)(2) of this section for the control of Table 8 compounds at 
new sources.
    (1) 10 ppmw concentration option. The owner or operator shall comply 
with paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
    (i) Reduce, by removal or destruction, the concentration of the 
individual Table 8 compounds to a level less than 10 parts per million 
by weight as determined in the procedures specified in Sec. 63.145(b) of 
this subpart.
    (ii) This option shall not be used when the treatment process is a 
biological treatment process. This option shall not be used when the 
wastewater stream is designated as a Group 1 wastewater stream as 
specified in Sec. 63.132(e). Dilution shall not be used to achieve 
compliance with this option.
    (2) Other compliance options. Comply with the requirements specified 
in any one of paragraphs (d), (e), (f), (g), (h), or (i) of this 
section.
    (d) Design steam stripper option. The owner or operator shall 
operate and maintain a steam stripper that meets the requirements of 
paragraphs (d)(1) through (d)(6) 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 within the column,
    (4) Minimum wastewater feed temperature to the steam stripper of 95 
deg.C, or minimum column operating temperature of 95  deg.C,
    (5) Maximum liquid loading of 67,100 liters per hour per square 
meter, and
    (6) Operate at nominal atmospheric pressure.
    (e) Percent mass removal/destruction option. The owner or operator 
of a new or existing source shall comply with paragraph (e)(1) or (e)(2) 
of this section for control of Table 8 and/or Table 9 compounds for 
Group 1 wastewater streams. This option shall not be used for biological 
treatment processes.
    (1) Reduce mass flow rate of Table 8 and/or Table 9 compounds by 99 
percent. For wastewater streams that are Group 1, the owner or operator 
shall reduce, by removal or destruction, the mass flow rate of Table 8 
and/or Table 9 compounds by 99 percent or more. The removal/destruction 
efficiency shall be determined by the procedures specified in 
Sec. 63.145(c), for noncombustion processes, or Sec. 63.145(d), for 
combustion processes.
    (2) Reduce mass flow rate of Table 8 and/or Table 9 compounds by Fr 
value. For wastewater streams that are Group 1 for Table 8 and/or Table 
9 compounds, the owner or operator shall reduce, by removal or 
destruction, the mass flow rate by at least the fraction removal (Fr) 
values specified in Table 9 of this subpart. (The Fr values for Table 8 
compounds are all 0.99.) The removal/destruction efficiency shall be 
determined by the procedures specified in Sec. 63.145(c), for 
noncombustion treatment processes, or Sec. 63.145(d), for combustion 
treatment processes.
    (f) Required mass removal (RMR) option. The owner or operator shall 
achieve the required mass removal (RMR) of Table 8 compounds at a new 
source for a wastewater stream that is Group 1 for Table 8 compounds 
and/or of Table 9 compounds at a new or existing source for a wastewater 
stream that is Group 1 for Table 9 compounds. For nonbiological 
treatment processes compliance shall be determined using the procedures 
specified in Sec. 63.145(e) of this subpart. For aerobic biological 
treatment processes compliance shall be determined using the procedures 
specified in Sec. 63.145 (e) or (f) of this subpart. For closed 
anaerobic biological treatment processes compliance shall be determined 
using the procedures specified in Sec. 63.145(e) of this subpart. For 
open biological treatment processes compliance shall be determined using 
the procedures specified in Sec. 63.145(f) of this subpart.
    (g) 95-percent RMR option, for biological treatment processes. The 
owner or operator of a new or existing source using

[[Page 206]]

biological treatment for at least one wastewater stream that is Group 1 
for Table 9 compounds shall achieve a RMR of at least 95 percent for all 
Table 9 compounds. The owner or operator of a new source using 
biological treatment for at least one wastewater stream that is Group 1 
for Table 8 compounds shall achieve a RMR of at least 95 percent for all 
Table 8 compounds. All Group 1 and Group 2 wastewater streams entering a 
biological treatment unit that are from chemical manufacturing process 
units subject to subpart F shall be included in the demonstration of the 
95-percent mass removal. The owner or operator shall comply with 
paragraphs (g)(1) through (g)(4) of this section.
    (1) Except as provided in paragraph (g)(4) of this section, the 
owner or operator shall ensure that all Group 1 and Group 2 wastewater 
streams from chemical manufacturing process units subject to this rule 
entering a biological treatment unit are treated to destroy at least 95-
percent total mass of all Table 8 and/or Table 9 compounds.
    (2) For open biological treatment processes compliance shall be 
determined using the procedures specified in Sec. 63.145(g) of this 
subpart. For closed aerobic biological treatment processes compliance 
shall be determined using the procedures specified in Sec. 63.145 (e) or 
(g) of this subpart. For closed anaerobic biological treatment processes 
compliance shall be determined using the procedures specified in 
Sec. 63.145(e) of this subpart.
    (3) For each treatment process or waste management unit that 
receives, manages, or treats wastewater streams subject to this 
paragraph, from the point of determination of each Group 1 or Group 2 
wastewater stream to the biological treatment unit, the owner or 
operator shall comply with Secs. 63.133 through Sec. 63.137 of this 
subpart for control of air emissions. When complying with this 
paragraph, the term Group 1, whether used alone or in combination with 
other terms, in Sec. 63.133 through Sec. 63.137 of this subpart shall 
mean both Group 1 and Group 2.
    (4) If a wastewater stream is in compliance with the requirements in 
paragraph (b)(1), (c)(1), (d), (e), (f), or (h) of this section before 
entering the biological treatment unit, the hazardous air pollutants 
mass of that wastewater is not required to be included in the total mass 
flow rate entering the biological treatment unit for the purpose of 
demonstrating compliance.
    (h) Treatment in a RCRA unit option. The owner or operator shall 
treat the wastewater stream or residual in a unit identified in, and 
complying with, paragraph (h)(1), (h)(2), or (h)(3) of this section. 
These units are exempt from the design evaluation or performance tests 
requirements specified in Sec. 63.138(a)(3) and Sec. 63.138(j) of this 
subpart, and from the monitoring requirements specified in 
Sec. 63.132(a)(2)(iii) and Sec. 63.132(b)(3)(iii) of this subpart, as 
well as recordkeeping and reporting requirements associated with 
monitoring and performance tests.
    (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 with the requirements of 
40 CFR part 264, subpart O, or has certified compliance with the interim 
status requirements of 40 CFR part 265, subpart O;
    (2) The wastewater stream or residual is discharged to a process 
heater 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. The owner or operator 
shall comply with all applicable requirements of this subpart prior to 
the point where the wastewater enters the underground portion of the 
injection well.
    (i) One megagram total source mass flow rate option. A wastewater 
stream is exempt from the requirements of paragraphs (b) and (c) of this 
section if the owner or operator elects to comply

[[Page 207]]

with either paragraph (i)(1) or (i)(2) of this section.
    (1) All Group 1 wastewater streams at the source. The owner or 
operator shall demonstrate that the total source mass flow rate for 
Table 8 and/or Table 9 compounds is less than 1 megagram per year using 
the procedures in paragraphs (i)(1)(i) and (i)(1)(ii) of this section. 
The owner or operator shall include all Group 1 wastewater streams at 
the source in the total source mass flow rate. The total source mass 
flow rate shall be based on the mass as calculated before the wastewater 
stream is treated.
    (i) Calculate the annual average mass flow rate for each Group 1 
wastewater stream by multiplying the annual average flow rate of the 
wastewater stream, as determined by procedures specified in 
Sec. 63.144(c), times the total annual average concentration of Table 8 
and/or Table 9 compounds, as determined by procedures specified in 
Sec. 63.144(b) of this subpart. (The mass flow rate of compounds in a 
wastewater stream that is Group 1 for both Table 8 and Table 9 compounds 
should be included in the annual average mass flow rate only once.)
    (ii) Calculate the total source mass flow rate from all Group 1 
wastewater streams by adding together the annual average mass flow rate 
calculated for each Group 1 wastewater stream.
    (2) Untreated and partially treated Group 1 wastewater streams. The 
owner or operator shall demonstrate that the total source mass flow rate 
for untreated Group 1 wastewater streams and Group 1 wastewater streams 
treated to levels less stringent than required in paragraph (b) or (c) 
of this section is less than 1 megagram per year using the procedures in 
paragraphs (i)(2)(i) and (i)(2)(ii) of this section. The owner or 
operator shall manage these wastewater streams in accordance with 
paragraph (i)(2)(iii) of this section, and shall comply with paragraph 
(i)(2)(iv) of this section.
    (i) Calculate the annual average mass flow rate in each wastewater 
stream by multiplying the annual average flow rate of the wastewater 
stream, as determined by procedures specified in Sec. 63.144(c), times 
the total annual average concentration of Table 8 and/or Table 9 
compounds, as determined by procedures specified in Sec. 63.144(b). (The 
mass flow rate of compounds in a wastewater stream that are Group 1 for 
both Table 8 and Table 9 compounds should be included in the annual 
average mass flow rate only once.)
    (A) For each untreated Group 1 wastewater stream, the annual average 
flow rate and the total annual average concentration shall be determined 
for that stream's point of determination.
    (B) For each Group 1 wastewater stream that is treated to levels 
less stringent than those required by paragraph (b) or (c) of this 
section, the annual average flow rate and total annual average 
concentration shall be determined at the discharge from the treatment 
process or series of treatment processes.
    (C) The annual average mass flow rate for Group 1 wastewater streams 
treated to the levels required by paragraph (b) or (c) of this section 
is not included in the calculation of the total source mass flow rate.
    (ii) The total source mass flow rate shall be calculated by summing 
the annual average mass flow rates from all Group 1 wastewater streams, 
except those excluded by paragraph (i)(2)(i)(C) of this section.
    (iii) The owner or operator of each waste management unit that 
receives, manages, or treats the wastewater stream prior to or during 
treatment shall comply with the requirements of Secs. 63.133 through 
63.137 of this subpart, as applicable.
    (iv) Wastewater streams included in this option shall be identified 
in the Notification of Compliance Status required by Sec. 63.152(b).
    (j) Design evaluations or performance tests for treatment processes. 
Except as provided in paragraph (j)(3) or (h) 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 nonbiological treatment 
process used to comply with paragraphs (b)(1), (c)(1), (e), and/or (f) 
of this section achieves the conditions specified for compliance. The 
owner or operator shall demonstrate by the procedures in either 
paragraph (j)(1) or (j)(2) of this section that each closed biological 
treatment process used to

[[Page 208]]

comply with paragraphs (f) or (g) of this section achieves the 
conditions specified for compliance. If an open biological treatment 
unit is used to comply with paragraph (f) or (g) of this section, the 
owner or operator shall comply with Sec. 63.145(f) or Sec. 63.145(g), 
respectively, of this subpart. Some biological treatment processes may 
not require a performance test. Refer to Sec. 63.145(h) and table 36 of 
this subpart to determine whether the open biological treatment process 
meets the criteria that exempt the owner or operator from conducting a 
performance test.
    (1) A design evaluation and supporting documentation that addresses 
the operating characteristics of the treatment process and that is based 
on operation at a representative wastewater stream flow rate and a 
concentration under which it would be most difficult to demonstrate 
compliance. For closed biological treatment processes, the actual mass 
removal shall be determined by a mass balance over the unit. The mass 
flow rate of Table 8 or Table 9 compounds exiting the treatment process 
shall be the sum of the mass flow rate of Table 8 or Table 9 compounds 
in the wastewater stream exiting the biological treatment process and 
the mass flow rate of the vented gas stream exiting the control device. 
The mass flow rate entering the treatment process minus the mass flow 
rate exiting the process determines the actual mass removal.
    (2) Performance tests conducted using test methods and procedures 
that meet the applicable requirements specified in Sec. 63.145 of this 
subpart.
    (3) The provisions of paragraphs (j)(1) and (j)(2) of this section 
do not apply to design stream strippers which meet the requirements of 
paragraph (d) of this section.
    (k) Residuals. For each residual removed from a Group 1 wastewater 
stream, the owner or operator shall control for air emissions by 
complying with Secs. 63.133-137 of this subpart and by complying with 
one of the provisions in paragraphs (k)(1) through (k)(4) of this 
section.
    (1) Recycle the residual to a production process or sell the 
residual for the purpose of recycling. Once a residual is returned to a 
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 mass flow rate 
of Table 8 and/or Table 9 compounds by 99 percent or more, as determined 
by the procedures specified in Sec. 63.145(c) or (d) of this subpart.
    (4) Comply with the requirements for RCRA treatment options 
specified in Sec. 63.138(h) of this subpart.

[62 FR 2757, Jan. 17, 1997]



Sec. 63.139  Process wastewater provisions--control devices.

    (a) For each control device or combination of control devices 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 or combination of control devices in accordance with the 
requirements of paragraphs (b) through (f) of this section.
    (b) Whenever organic hazardous air pollutants 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, 
alone or in combination with other control devices. 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 hazardous air pollutants 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 hazardous air pollutants 
concentration of 20 parts per million by volume on a dry basis corrected 
to 3 percent oxygen. The owner or operator shall use either

[[Page 209]]

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), alone or in combination with other 
control devices, shall reduce the total organic compound emissions, less 
methane and ethane, or total organic hazardous air pollutants emissions 
vented to the control device of 95 percent by weight or greater or 
achieve an outlet total organic compound concentration, less methane and 
ethane, or total organic hazardous air pollutants concentration of 20 
parts per million by volume, whichever is less stringent. The 20 parts 
per million by volume performance standard is not applicable to 
compliance with the provisions of Sec. 63.134 or Sec. 63.135 of this 
subpart.
    (3) A flare shall comply with the requirements of Sec. 63.11(b) of 
subpart A of this part.
    (4) A scrubber, alone or in combination with other control devices, 
shall reduce the total organic compound emissions, less methane and 
ethane, or total organic hazardous air pollutants emissions in such a 
manner that 95 weight-percent is either removed, or destroyed by 
chemical reaction with the scrubbing liquid or achieve an outlet total 
organic compound concentration, less methane and ethane, or total 
organic hazardous air pollutants concentration of 20 parts per million 
by volume, whichever is less stringent. The 20 parts per million by 
volume performance standard is not applicable to compliance with the 
provisions of Sec. 63.134 or Sec. 63.135 of this subpart.
    (5) Any other control device used shall, alone or in combination 
with other control devices, reduce the total organic compound emissions, 
less methane and ethane, or total organic hazardous air pollutants 
emissions vented to the control device by 95 percent by weight or 
greater or achieve an outlet total organic compound concentration, less 
methane and ethane, or total organic hazardous air pollutants 
concentration of 20 parts per million by volume, whichever is less 
stringent. The 20 parts per million by volume performance standard is 
not applicable to compliance with the provisions of Sec. 63.134 or 
Sec. 63.135 of this subpart.
    (d) Except as provided in paragraph (d)(4) of this section, an owner 
or operator shall demonstrate that each control device or combination of 
control devices achieves the appropriate conditions specified in 
paragraph (c) of this section by using one or more 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(i) of this subpart for control 
devices other than flares; 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 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

[[Page 210]]

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 mass or volumetric 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, mass or volumetric 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 and Sec. 63.145(j) of this 
subpart.
    (4) An owner or operator using any control device specified in 
paragraphs (d)(4)(i) through (d)(4)(iv) 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.
    (iv) 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, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (e) 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. 63.143 of this subpart.
    (f) Except as provided in Sec. 63.140 of this subpart, if gaps, 
cracks, tears, or holes are observed in ductwork, piping, or connections 
to covers and control devices during an inspection, a first effort to 
repair shall be made as soon as practical but no later than 5 calendar 
days after identification. Repair shall be completed no later than 15 
calendar days after identification or discovery of the defect.

[62 FR 2760, Jan. 17, 1997]



Sec. 63.140  Process wastewater provisions--delay of repair.

    (a) Delay of repair of equipment for which a control equipment 
failure or a

[[Page 211]]

gap, crack, tear, or hole 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 emissions likely to result from delay of repair. Repair of this 
equipment shall occur by the end of the next shutdown.
    (b) Delay of repair of equipment for which a control equipment 
failure or a gap, crack, tear, or hole has been identified, is allowed 
if the equipment is emptied or is no longer used to treat or manage 
Group 1 wastewater streams or residuals removed from Group 1 wastewater 
streams.
    (c) Delay of repair of equipment for which a control equipment 
failure or a gap, crack, tear, or hole has been identified is also 
allowed if additional time is necessary due to the unavailability of 
parts beyond the control of the owner or operator. Repair shall be 
completed as soon as practical. The owner or operator who uses this 
provision shall comply with the requirements of Sec. 63.147(c)(7) to 
document the reasons that the delay of repair was necessary.

[62 FR 2762, Jan. 17, 1997]
Secs. 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 Item 1 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. 63.151(f) of this subpart, and shall 
include a discription of planned reporting and recordkeeping procedures. 
The owner or operator shall include as part of the submittal the basis 
for the selected monitoring frequencies and the methods that will be 
used. The Administrator will specify appropriate reporting and 
recordkeeping requirements as part of the review of the permit 
application or by other appropriate means.
    (d) If the owner or operator elects to comply with Item 3 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. 63.151(f) 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 permit application or by other 
appropriate means.
    (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

[[Page 212]]

Sec. 63.151(f) 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 permit application or by other appropriate means.
    (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 
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 
Secs. 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 or other 
written procedures that provide adequate assurance that the equipment 
would reasonably be expected to monitor accurately.

[62 FR 2762, Jan. 17, 1997]



Sec. 63.144  Process wastewater provisions--test methods and procedures for determining applicability and Group 1/Group 2 determinations (determining which 
          wastewater streams require control).

    (a) Procedures to determine applicability. An owner or operator 
shall comply with paragraph (a)(1) or (a)(2) of this section for each 
wastewater stream to determine which wastewater streams require control 
for Table 8 and/or Table 9 compounds. The owner or operator may use a 
combination of the approaches in paragraphs (a)(1) and (a)(2) of this 
section for different wastewater streams generated at the source.
    (1) Determine Group 1 or Group 2 status. 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) Designate as Group 1. An owner or operator may designate as a 
Group 1 wastewater stream a single wastewater stream or a mixture of 
wastewater streams. The owner or operator is not required to determine 
the concentration or flow rate for each designated Group 1 wastewater 
stream for the purposes of this section.
    (b) Procedures to establish concentrations, when determining Group 
status under paragraph (a)(1) of this section. An owner or operator who 
elects to comply with the requirements of paragraph (a)(1) of this 
section shall determine the annual average concentration for Table 8 
and/or Table 9 compounds according to paragraph (b)(1) of this section 
for existing sources or paragraph (b)(2) of this section for new 
sources. The annual average concentration shall be a flow weighted 
average representative of actual or anticipated operation of the 
chemical manufacturing process unit generating the wastewater over a 
designated 12 month period. For flexible operation units, the owner or 
operator shall consider the anticipated production over the designated 
12 month period and include all wastewater streams generated by the 
process equipment during this period. The owner/operator is not required 
to determine the concentration of Table 8 or Table 9 compounds that are 
not reasonably expected to be in the process.
    (1) Existing sources. An owner or operator of an existing source who 
elects to comply with the requirements of paragraph (a)(1) of this 
section shall determine the flow weighted total annual average 
concentration for Table 9 compounds. For the purposes of this section, 
the term concentration, whether concentration is used alone or with 
other terms, may be adjusted by multiplying by the compound-specific 
fraction measured (Fm) factors listed in table 34 of this subpart unless 
determined by the methods in

[[Page 213]]

Sec. 63.144(b)(5)(i)(A) and/or (B). When concentration is determined by 
Method 305 as specified in Sec. 63.144(b)(5)(i)(B), concentration may be 
adjusted by dividing by the compound-specific Fm factors listed in table 
34 of this subpart. When concentration is determined by Method 25D as 
specified in Sec. 63.144(b)(5)(i)(A), concentration may not be adjusted 
by the compound-specific Fm factors listed in table 34 of this subpart. 
Compound-specific Fm factors may be used only when concentrations of 
individual compounds are determined or when only one compound is in the 
wastewater stream. Flow weighted total annual average concentration for 
Table 9 compounds means the total mass of Table 9 compounds occurring in 
the wastewater stream during the designated 12-month period divided by 
the total mass of the wastewater stream during the same designated 12-
month period. The total annual average concentration shall be determined 
for each wastewater stream either at the point of determination, or 
downstream of the point of determination with adjustment for 
concentration changes made according to paragraph (b)(6) of this 
section. The procedures specified in paragraphs (b)(3), (b)(4), and 
(b)(5) of this section are considered acceptable procedures for 
determining the annual average concentration. They may be used in 
combination, and no one procedure shall take precedence over another.
    (2) New sources. An owner or operator of a new source who elects to 
comply with the requirements of paragraph (a)(1) of this section shall 
determine both the flow weighted total annual average concentration for 
Table 9 compounds and the flow weighted annual average concentration for 
each Table 8 compound. For the purposes of this section, the term 
concentration, whether concentration is used alone or with other terms, 
may be adjusted by multiplying by the compound-specific Fm factors 
listed in table 34 of this subpart unless determined by the methods in 
Sec. 63.144(b)(5)(i)(A) and/or (B). When concentration is determined by 
Method 305 as specified in Sec. 63.144(b)(5)(i)(B), concentration may be 
adjusted by dividing by the compound-specific Fm factors listed in table 
34 of this subpart. When concentration is determined by Method 25D as 
specified in Sec. 63.144(b)(5)(i)(A), concentration may not be adjusted 
by the compound-specific Fm factors listed in table 34 of this subpart. 
Compound-specific fraction measured factors are compound specific and 
shall be used only when concentration of individual compounds are 
determined or when only one compound is in the wastewater stream. The 
flow weighted annual average concentration of each Table 8 compound 
means the mass of each Table 8 compound occurring in the wastewater 
stream during the designated 12-month period divided by the total mass 
of the wastewater stream during the same designated 12-month period. 
Flow weighted total annual average concentration for Table 9 compounds 
means the total mass of Table 9 compounds occurring in the wastewater 
stream during the designated 12-month period divided by the total mass 
of the wastewater stream during the same designated 12-month period. The 
annual average concentration shall be determined for each wastewater 
stream either at the point of determination, or downstream of the point 
of determination with adjustment for concentration changes made 
according to paragraph (b)(6) of this section. Procedures specified in 
paragraphs (b)(3), (b)(4), and (b)(5) of this section are considered 
acceptable procedures for determining the annual average concentration. 
They may be used in combination, and no one procedure shall take 
precedence over another.
    (3) Knowledge of the wastewater. Where knowledge is used to 
determine the annual average concentration, the owner or operator shall 
provide sufficient information to document the annual average 
concentration for wastewater streams determined to be Group 2 wastewater 
streams. Documentation to determine the annual average concentration is 
not required for Group 1 streams. Examples of acceptable documentation 
include material balances, records of chemical purchases, process 
stoichiometry, or previous test results. If test data are used, the 
owner or operator shall provide documentation describing the testing 
protocol and the means by which any losses of volatile compounds during

[[Page 214]]

sampling, and the bias and accuracy of the analytical method, were 
accounted for in the determination.
    (4) Bench-scale or pilot-scale test data. Where bench-scale or 
pilot-scale test data are used to determine the annual average 
concentration, the owner or operator shall provide sufficient 
information to document that the data are representative of the actual 
annual average concentration, or are reliably indicative of another 
relevant characteristic of the wastewater stream that could be used to 
predict the annual average concentration. For concentration data, the 
owner or operator shall also provide documentation describing the 
testing protocol, and the means by which any losses of volatile 
compounds during sampling, and the bias and accuracy of the analytical 
method, were accounted for in the determination of annual average 
concentration.
    (5) Test data from sampling at the point of determination or at a 
location downstream of the point of determination. Where an owner or 
operator elects to comply with paragraph (a)(1) of this section by 
measuring the concentration for the relevant Table 8 or Table 9 
compounds, the owner or operator shall comply with the requirements of 
this paragraph. For each wastewater stream, measurements shall be made 
either at the point of determination, or downstream of the point of 
determination with adjustment for concentration changes made according 
to paragraph (b)(6) of this section. A minimum of three samples from 
each wastewater stream shall be taken. Samples may be grab samples or 
composite samples.
    (i) Methods. The owner or operator shall use any of the methods 
specified in paragraphs (b)(5)(i)(A) through (b)(5)(i)(F) of this 
section.
    (A) Method 25D. Use procedures specified in Method 25D of 40 CFR 
part 60, appendix A.
    (B) Method 305. Use procedures specified in Method 305 of 40 CFR 
part 63, appendix A.
    (C) Methods 624 and 625. Use procedures specified in Methods 624 and 
625 of 40 CFR part 136, appendix A and comply with the sampling protocol 
requirements specified in paragraph (b)(5)(ii) of this section. If these 
methods are used to analyze one or more compounds that are not on the 
method's published list of approved compounds, the Alternative Test 
Procedure specified in 40 CFR 136.4 and 136.5 shall be followed. For 
Method 625, make corrections to the compounds for which the analysis is 
being conducted based on the accuracy as recovery factors in Table 7 of 
the method.
    (D) Method 1624 and Method 1625. Use procedures specified in Method 
1624 and Method 1625 of 40 CFR part 136, appendix A and comply with the 
requirements specified in paragraph (b)(5)(ii) of this section. If these 
methods are used to analyze one or more compounds that are not on the 
method's published list of approved compounds, the Alternative Test 
Procedure specified in 40 CFR 136.4 and 136.5 shall be followed.
    (E) Other EPA method(s). Use procedures specified in the method and 
comply with the requirements specified in paragraphs (b)(5)(ii) and 
either paragraph (b)(5)(iii)(A) or (b)(5)(iii)(B) of this section.
    (F) Method(s) other than EPA method. Use procedures specified in the 
method and comply with the requirements specified in paragraphs 
(b)(5)(ii) and (b)(5)(iii)(A) of this section.
    (ii) Sampling plan. The owner or operator who is expressly referred 
to this paragraph by provisions of this subpart 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 hazardous 
air pollutants listed in table 8 or table 9 of this 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. The sampling plan shall be maintained at the 
facility.
    (iii) Validation of methods. The owner or operator shall validate 
EPA methods other than Methods 25D, 305, 624, 625, 1624, and 1625 using 
the procedures specified in paragraph (b)(5)(iii)(A) or (b)(5)(iii)(B) 
of this section. The owner

[[Page 215]]

or operator shall validate other methods as specified in paragraph 
(b)(5)(iii)(A) of this section.
    (A) Validation of EPA methods and other methods. The method used to 
measure organic hazardous air pollutants concentrations in the 
wastewater shall be validated according to section 5.1 or 5.3, and the 
corresponding calculations in section 6.1 or 6.3, of Method 301 of 
appendix A of this part. The data are acceptable if they meet the 
criteria specified in section 6.1.5 or 6.3.3 of Method 301 of appendix A 
of this part. If correction is required under section 6.3.3 of Method 
301 of appendix A of this part, the data are acceptable if the 
correction factor is within the range 0.7 to 1.30. Other sections of 
Method 301 of appendix A of this part are not required. The 
concentrations of the individual organic hazardous air pollutants 
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 (Fm) 
factor listed in table 34 of this subpart.
    (B) Validation for EPA methods. Follow the procedures as specified 
in ``Alternative Validation Procedure for EPA Waste Methods'' 40 CFR 
part 63, appendix D.
    (iv) Calculations of average concentration. The average 
concentration for each individually speciated Table 8 compound shall be 
calculated by adding the individual values determined for the specific 
compound in each sample and dividing by the number of samples. The total 
average concentration of Table 9 compounds shall be calculated by first 
summing the concentration of the individual compounds to obtain a total 
hazardous air pollutants concentration for the sample; add the sample 
totals and then divide by the number of samples in the run to obtain the 
sample average for the run. If the method used does not speciate the 
compounds, the sample results should be added and this total divided by 
the number of samples in the run to obtain the sample average for the 
run.
    (6) Adjustment for concentrations determined downstream of the point 
of determination. The owner or operator shall make corrections to the 
annual average concentration or total annual average concentration when 
the concentration is determined downstream of the point of determination 
at a location where: two or more wastewater streams have been mixed; one 
or more wastewater streams have been treated; or, losses to the 
atmosphere have occurred. The owner or operator shall make the 
adjustments either to the individual data points or to the final annual 
average concentration.
    (c) Procedures to determine flow rate, when evaluating Group status 
under paragraph (a)(1) of this section. An owner or operator who elects 
to comply with paragraph (a)(1) of this section shall determine the 
annual average flow rate of the wastewater stream either at the point of 
determination for each wastewater stream, or downstream of the point of 
determination with adjustment for flow rate changes made according to 
paragraph (c)(4) of this section. These procedures may be used in 
combination for different wastewater streams at the source. The annual 
average flow rate for the wastewater stream shall be representative of 
actual or anticipated operation of the chemical manufacturing process 
unit generating the wastewater over a designated 12-month period. The 
owner or operator shall consider the total annual wastewater volume 
generated by the chemical manufacturing process unit. If the chemical 
manufacturing process unit is a flexible operation unit, the owner or 
operator shall consider all anticipated production in the process 
equipment over the designated 12-month period. The procedures specified 
in paragraphs (c)(1), (c)(2), and (c)(3) of this section are considered 
acceptable procedures for determining the flow rate. They may be used in 
combination, and no one procedure shall take precedence over another.
    (1) Knowledge of the wastewater. The owner or operator may use 
knowledge of the wastewater stream and/or the process to determine the 
annual average flow rate. The owner or operator shall use the maximum 
expected annual average production capacity of the process unit, 
knowledge of the process, and/or mass balance information to either: 
Estimate directly the

[[Page 216]]

annual average wastewater flow rate; or estimate the total annual 
wastewater volume and then divide total volume by 525,600 minutes in a 
year. Where knowledge is used to determine the annual average flow rate, 
the owner or operator shall provide sufficient information to document 
the flow rate for wastewater streams determined to be Group 2 wastewater 
streams. Documentation to determine the annual average flow rate is not 
required for Group 1 streams.
    (2) Historical Records. The owner or operator may use historical 
records to determine the annual average flow rate. Derive 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. Where historical records are used to determine the annual average 
flow rate, the owner or operator shall provide sufficient information to 
document the flow rate for wastewater streams determined to be Group 2 
wastewater streams. Documentation to determine the annual average flow 
rate is not required for Group 1 streams.
    (3) Measurements of flow rate. Where an owner or operator elects to 
comply with paragraph (a)(1) of this section by measuring the flow rate, 
the owner or operator shall comply with the requirements of this 
paragraph. Measurements shall be made at the point of determination, or 
at a location downstream of the point of determination with adjustments 
for flow rate changes made according to paragraph (c)(4) of this 
section. Where measurement data are used to determine the annual average 
flow rate, the owner or operator shall provide sufficient information to 
document the flow rate for wastewater streams determined to be Group 2 
wastewater streams. Documentation to determine the annual average flow 
rate is not required for Group 1 streams.
    (4) Adjustment for flow rates determined downstream of the point of 
determination. The owner or operator shall make corrections to the 
annual average flow rate of a wastewater stream when it is determined 
downstream of the point of determination at a location where two or more 
wastewater streams have been mixed or one or more wastewater streams 
have been treated. The owner or operator shall make corrections for such 
changes in the annual average flow rate.

[62 FR 2762, Jan. 17, 1997]



Sec. 63.145  Process wastewater provisions--test methods and procedures to determine compliance.

    (a) General. This section specifies the procedures for performance 
tests that are conducted to demonstrate compliance of a treatment 
process or a control device with the control requirements specified in 
Sec. 63.138 of this subpart. Owners or operators conducting a design 
evaluation shall comply with the requirements of paragraph (a)(1) or 
(a)(2) of this section. Owners or operators conducting a performance 
test shall comply with the applicable requirements in paragraphs (a) 
through (i) of this section.
    (1) Performance tests and design evaluations for treatment 
processes. If design steam stripper option (Sec. 63.138(d)) or RCRA 
option (Sec. 63.138(h)) is selected to comply with Sec. 63.138, neither 
a design evaluation nor a performance test is required. For any other 
non-biological treatment process, the owner or operator shall conduct 
either a design evaluation as specified in Sec. 63.138(j), or a 
performance test as specified in this section. For closed biological 
treatment processes, the owner or operator shall conduct either a design 
evaluation as specified in Sec. 63.138(j), or a performance test as 
specified in this section. For each open biological treatment process, 
the owner or operator shall conduct a performance test as specified in 
this section.

    Note: Some open biological treatment processes may not require a 
performance test. Refer to Sec. 63.145(h) and table 36 of this subpart 
to determine whether the biological treatment process meets the criteria 
that exempt the owner or operator from conducting a performance test.

    (2) Performance tests and design evaluations for control devices. 
The owner or operator shall conduct either a design evaluation as 
specified in Sec. 63.139(d), or

[[Page 217]]

a performance test as specified in paragraph (i) of this section for 
control devices other than flares and paragraph (j) of this section for 
flares.
    (3) Representative process unit operating conditions. Compliance 
shall be demonstrated for representative operating conditions. 
Operations during periods of startup, shutdown, or malfunction and 
periods of nonoperation shall not constitute representative conditions. 
The owner or operator shall record the process information that is 
necessary to document operating conditions during the test.
    (4) Representative treatment process or control device operating 
conditions. Performance tests shall be conducted when the treatment 
process or control device is operating at a representative inlet flow 
rate and concentration. If the treatment process or control device will 
be operating at several different sets of representative operating 
conditions, the owner or operator shall comply with paragraphs (a)(4)(i) 
and (a)(4)(ii) of this section. The owner or operator shall record 
information that is necessary to document treatment process or control 
device operating conditions during the test.
    (i) Range of operating conditions. If the treatment process or 
control device will be operated at several different sets of 
representative operating conditions, performance testing over the entire 
range is not required. In such cases, the performance test results shall 
be supplemented with modeling and/or engineering assessments to 
demonstrate performance over the operating range.
    (ii) Consideration of residence time. If concentration and/or flow 
rate to the treatment process or control device are not relatively 
constant (i.e., comparison of inlet and outlet data will not be 
representative of performance), the owner or operator shall consider 
residence time, when determining concentration and flow rate.
    (5) Testing equipment. All testing equipment shall be prepared and 
installed as specified in the applicable test methods, or as approved by 
the Administrator.
    (6) Compounds not required to be considered in performance tests or 
design evaluations. Compounds that meet the requirements specified in 
paragraph (a)(6)(i), (a)(6)(ii), or (a)(6)(iii) of this section are not 
required to be included in the performance test. Concentration 
measurements based on Method 305 shall be adjusted by dividing each 
concentration by the compound-specific Fm factor listed in table 34 of 
this subpart. Concentration measurements based on methods other than 
Method 305 shall not be adjusted by the compound-specific Fm factor 
listed in table 34 of this subpart.
    (i) Compounds not used or produced by the chemical manufacturing 
process unit; or
    (ii) Compounds with concentrations at the point of determination 
that are below 1 part per million by weight; or
    (iii) Compounds with concentrations at the point of determination 
that are below the lower detection limit where the lower detection limit 
is greater than 1 part per million by weight. The method shall be an 
analytical method for wastewater which has that compound as a target 
analyte.
    (7) Treatment using a series of treatment processes. In all cases 
where the wastewater provisions in this subpart allow or require the use 
of a treatment process to comply with emissions limitations, the owner 
or operator may use multiple treatment processes. The owner or operator 
complying with the requirements of Sec. 63.138(a)(7)(i), when wastewater 
is conveyed by hard-piping, shall comply with either 
Sec. 63.145(a)(7)(i) or Sec. 63.145(a)(7)(ii) of this subpart. The owner 
or operator complying with the requirements of Sec. 63.138(a)(7)(ii) of 
this subpart shall comply with the requirements of Sec. 63.145(a)(7)(ii) 
of this subpart.
    (i) The owner or operator shall conduct the performance test across 
each series of treatment processes. For each series of treatment 
processes, inlet concentration and flow rate shall be measured either 
where the wastewater stream enters the first treatment process in a 
series of treatment processes, or prior to the first treatment process 
as specified in Sec. 63.145(a)(9) of this subpart. For each series of 
treatment processes, outlet concentration and flow rate shall be 
measured where the wastewater stream exits the last treatment process in 
the series of treatment

[[Page 218]]

processes, except when the last treatment process is an open or a closed 
aerobic biological treatment process demonstrating compliance by using 
the procedures in Sec. 63.145 (f) or (g) of this subpart. When the last 
treatment process is either an open or a closed aerobic biological 
treatment process demonstrating compliance by using the procedures in 
Sec. 63.145 (f) or (g) of this subpart, inlet and outlet concentrations 
and flow rates shall be measured as provided in paragraphs (a)(7)(i)(A) 
and (a)(7)(i)(B) of this section. The mass flow rates removed or 
destroyed by the series of treatment processes and by the biological 
treatment process are all used to calculate actual mass removal (AMR) as 
specified in Sec. 63.145(f)(5)(ii) of this subpart.
    (A) The inlet and outlet to the series of treatment processes prior 
to the biological treatment process are the points at which the 
wastewater enters the first treatment process and exits the last 
treatment process in the series, respectively, except as provided in 
paragraph (a)(9)(ii) of this section.
    (B) The inlet to the biological treatment process shall be the point 
at which the wastewater enters the biological treatment process or the 
outlet from the series of treatment processes identified in paragraph 
(a)(7)(i)(A) of this section, except as provided in paragraph (a)(9)(ii) 
of this section.
    (ii) The owner or operator shall conduct the performance test across 
each treatment process in the series of treatment processes. The mass 
flow rate removed or destroyed by each treatment process shall be added 
together to determine whether compliance has been demonstrated using 
Sec. 63.145 (c), (d), (e), (f), and (g), as applicable. If a biological 
treatment process is one of the treatment processes in the series of 
treatment processes, the inlet to the biological treatment process shall 
be the point at which the wastewater enters the biological treatment 
process, or the inlet to the equalization tank if all the criteria of 
paragraph (a)(9)(ii) of this section are met.
    (8) When using a biological treatment process to comply with 
Sec. 63.138 of this subpart, the owner or operator may elect to 
calculate the AMR using a subset of Table 8 and/or Table 9 compounds 
determined at the point of determination or downstream of the point of 
determination with adjustment for concentration and flowrate changes 
made according to Sec. 63.144(b)(6) and Sec. 63.144(c)(4) of this 
subpart, respectively. All Table 8 and/or Table 9 compounds measured to 
determine the RMR, except as provided by Sec. 63.145(a)(6), shall be 
included in the RMR calculation.
    (9) The owner or operator determining the inlet for purposes of 
demonstrating compliance with Sec. 63.145 (e), (f), or (g) of this 
subpart may elect to comply with paragraph (a)(9)(i) or (a)(9)(ii) of 
this section.
    (i) When wastewater is conveyed exclusively by hard-piping from the 
point of determination to a treatment process that is either the only 
treatment process or the first in a series of treatment processes (i.e., 
no treatment processes or other waste management units are used upstream 
of this treatment process to store, handle, or convey the wastewater), 
the inlet to the treatment process shall be at any location from the 
point of determination to where the wastewater stream enters the 
treatment process. When samples are taken upstream of the treatment 
process and before wastewater streams have converged, the owner or 
operator shall ensure that the mass flow rate of all Group 1 wastewater 
streams is accounted for when using Sec. 63.138 (e) or (f) to comply and 
that the mass flow rate of all Group 1 and Group 2 wastewater streams is 
accounted for when using Sec. 63.138(g) to comply, except as provided in 
Sec. 63.145(a)(6).
    (ii) The owner or operator may consider the inlet to the 
equalization tank as the inlet to the biological treatment process if 
all the criteria in paragraphs (a)(9)(ii)(A) through (a)(9)(ii)(C) of 
this section are met. The outlet from the series of treatment processes 
prior to the biological treatment process is the point at which the 
wastewater exits the last treatment process in the series prior to the 
equalization tank, if the equalization tank and biological treatment 
process are part of a series of treatment processes. The owner or 
operator shall ensure that the mass flow rate of all Group 1 wastewater 
streams

[[Page 219]]

is accounted for when using Sec. 63.138 (e) or (f) to comply and that 
the mass flow rate of all Group 1 and Group 2 wastewater streams is 
accounted for when using Sec. 63.138(g) to comply, except as provided in 
Sec. 63.145(a)(6).
    (A) The wastewater is conveyed by hard-piping from either the last 
previous treatment process or the point of determination to the 
equalization tank.
    (B) The wastewater is conveyed from the equalization tank 
exclusively by hard-piping to the biological treatment process and no 
treatment processes or other waste management units are used to store, 
handle, or convey the wastewater between the equalization tank and the 
biological treatment process.
    (C) The equalization tank is equipped with a fixed roof and a closed 
vent system that routes emissions to a control device that meets the 
requirements of Sec. 63.133(a)(2)(i) and Sec. 63.133 (b)(1) through 
(b)(4) of this subpart.
    (b) Noncombustion treatment process--concentration limits. This 
paragraph applies to performance tests that are conducted to demonstrate 
compliance of a noncombustion treatment process with the parts per 
million by weight wastewater stream concentration limits at the outlet 
of the treatment process. This compliance option is specified in 
Sec. 63.138(b)(1) and Sec. 63.138(c)(1). Wastewater samples shall be 
collected using sampling procedures which minimize loss of organic 
compounds during sample collection and analysis and maintain sample 
integrity per Sec. 63.144(b)(5)(ii). Samples shall be collected and 
analyzed using the procedures specified in Sec. 63.144 (b)(5)(i), 
(b)(5)(ii), and (b)(5)(iii) of this subpart. Samples may be grab samples 
or composite samples. Samples shall be taken at approximately 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. Concentration measurements based on Method 305 may be 
adjusted by dividing each concentration by the compound-specific Fm 
factor listed in Table 34 of this subpart. Concentration measurements 
based on methods other than Method 305 may be adjusted by multiplying 
each concentration by the compound-specific Fm factor listed in table 34 
of this subpart. (For wastewater streams that are Group 1 for both Table 
8 and Table 9 compounds, compliance is demonstrated only if the sum of 
the concentrations of Table 9 compounds is less than 50 ppmw, and the 
concentration of each Table 8 compound is less than 10 ppmw.)
    (c) Noncombustion, nonbiological treatment process: Percent mass 
removal/destruction option. This paragraph applies to performance tests 
that are conducted to demonstrate compliance of a noncombustion, 
nonbiological treatment process with the percent mass removal limits 
specified in Sec. 63.138(e) (1) and (2) for Table 8 and/or Table 9 
compounds. The owner or operator shall comply with the requirements 
specified in Sec. 63.145 (c)(1) through (c)(6) of this subpart.
    (1) Concentration. The concentration of Table 8 and/or Table 9 
compounds entering and exiting the treatment process shall be determined 
as provided in this paragraph. Wastewater samples shall be collected 
using sampling procedures which minimize loss of organic compounds 
during sample collection and analysis and maintain sample integrity per 
Sec. 63.144(b)(5)(ii). The method shall be an analytical method for 
wastewater which has that compound as a target analyte. Samples may be 
grab samples or composite samples. Samples shall be taken at 
approximately 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. Concentration measurements based on Method 305 
shall be adjusted by dividing each concentration by the compound-
specific Fm factor listed in Table 34 of this subpart. Concentration 
measurements based on methods other than Method 305 shall not adjust by 
the compound-specific Fm factor listed in Table 34 of this subpart.
    (2) Flow rate. The flow rate of the entering and exiting wastewater 
streams shall be determined using inlet and outlet flow meters, 
respectively. Where the outlet flow is not greater than the inlet flow, 
a flow meter shall be used, and may be used at either the inlet or

[[Page 220]]

outlet. Flow rate measurements shall be taken at the same time as the 
concentration measurements.
    (3) Calculation of mass flow rate--for noncombustion, nonbiological 
treatment processes. The mass flow rates of Table 8 and/or Table 9 
compounds entering and exiting the treatment process are calculated as 
follows.
[GRAPHIC] [TIFF OMITTED] TR17JA97.000

[GRAPHIC] [TIFF OMITTED] TR17JA97.001

Where:

QMWa, QMWb=Mass flow rate of Table 8 or Table 9 
compounds, average of all runs, in wastewater entering (QMWa) 
or exiting (QMWb) the treatment process, kilograms per hour.
=Density of the wastewater, kilograms per cubic meter.
Qa,k, Qbb,k=Volumetric flow rate of wastewater 
entering (Qa,k) or exiting (Qb,k) the treatment 
process during each run k, cubic meters per hour.
CT,a,k, CT,b,k=Total concentration of Table 8 or 
Table 9 compounds in wastewater entering (CT,a,k) or exiting 
(CT,b,k) the treatment process during each run k, parts per 
million by weight.
p=Number of runs.
k=Identifier for a run.
106=conversion factor, mg/kg

    (4) Percent removal calculation for mass flow rate. The percent mass 
removal across the treatment process shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.002

Where:

E=Removal or destruction efficiency of the treatment process, percent.
QMWa, QMWb=Mass flow rate of Table 8 or Table 9 
compounds in wastewater entering (QMWa) and exiting 
(QMWb) the treatment process, kilograms per hour (as 
calculated using Equations WW1 and WW2).

    (5) Calculation of flow-weighted average of Fr values. If complying 
with Sec. 63.138(e)(2), use Equation WW8 to calculate the flow-weighted 
average of the Fr values listed in Table 9 of this subpart. When the 
term ``combustion'' is used in Equation WW8, the term ``treatment 
process'' shall be used for the purposes of this paragraph.
    (6) Compare mass removal efficiency to required efficiency. Compare 
the mass removal efficiency (calculated in Equation WW3) to the required 
efficiency as specified in Sec. 63.138(e) of this subpart. If complying 
with Sec. 63.138(e)(1), compliance is demonstrated if the mass removal 
efficiency is 99 percent or greater. If complying with 
Sec. 63.138(e)(2), compliance is demonstrated if the mass removal 
efficiency is greater than or equal to the flow-weighted average of the 
Fr values calculated in Equation WW8.
    (d) Combustion treatment processes: percent mass removal/destruction 
option. This paragraph applies to performance tests that are conducted 
to demonstrate compliance of a combustion treatment process with the 
percent

[[Page 221]]

mass destruction limits specified in Sec. 63.138(e) (1) and (2) for 
Table 9 compounds, and/or Sec. 63.138(e)(1) for Table 8 compounds. The 
owner or operator shall comply with the requirements specified in 
Sec. 63.145 (d)(1) through (d)(9) of this subpart. (Wastewater streams 
that are Group 1 for both Table 8 and Table 9 compounds need only do the 
compliance demonstration for Table 9 compounds.)
    (1) Concentration in wastewater stream entering the combustion 
treatment process. The concentration of Table 8 and/or Table 9 compounds 
entering the treatment process shall be determined as provided in this 
paragraph. Wastewater samples shall be collected using sampling 
procedures which minimize loss of organic compounds during sample 
collection and analysis and maintain sample integrity per 
Sec. 63.144(b)(5)(ii). The method shall be an analytical method for 
wastewater which has that compound as a target analyte. Samples may be 
grab samples or composite samples. Samples shall be taken at 
approximately 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. Concentration measurements based on Method 305 
of appendix A of this part shall be adjusted by dividing each 
concentration by the compound-specific Fm factor listed in table 34 of 
this subpart. Concentration measurements based on methods other than 
Method 305 shall not adjust by the compound-specific Fm factor listed in 
table 34 of this subpart.
    (2) Flow rate of wastewater entering the combustion treatment 
process. The flow rate of the wastewater stream entering the combustion 
treatment process shall be determined using an inlet flow meter. Flow 
rate measurements shall be taken at the same time as the concentration 
measurements.
    (3) Calculation of mass flow rate in wastewater stream entering 
combustion treatment processes. The mass flow rate of Table 8 and/or 
Table 9 compounds entering the treatment process is calculated as 
follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.003

Where:

QMWa=Mass flow rate of Table 8 or Table 9 compounds entering 
the combustion unit, kilograms per hour.
=Density of the wastewater stream, kilograms per cubic meter.
Qa,k=Volumetric flow rate of wastewater entering the 
combustion unit during run k, cubic meters per hour.
CT,a,k=Total concentration of Table 8 or Table 9 compounds in 
the wastewater stream entering the combustion unit during run k, parts 
per million by weight.
p=Number of runs.
k=Identifier for a run.

    (4) Concentration in vented gas stream exiting the combustion 
treatment process. The concentration of Table 8 and/or Table 9 compounds 
exiting the combustion treatment process in any vented gas stream shall 
be determined as provided in this paragraph. Samples may be grab samples 
or composite samples. Samples shall be taken at approximately 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. Concentration measurements 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.
    (5) Volumetric flow rate of vented gas stream exiting the combustion 
treatment process. The volumetric flow rate of the vented gas stream 
exiting the combustion treatment process shall be determined using 
Method 2, 2A, 2C, or 2D of

[[Page 222]]

40 CFR part 60, appendix A, as appropriate. Volumetric flow rate 
measurements shall be taken at the same time as the concentration 
measurements.
    (6) Calculation of mass flow rate of vented gas stream exiting 
combustion treatment processes. The mass flow rate of Table 8 and/or 
Table 9 compounds in a vented gas stream exiting the combustion 
treatment process shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.004

[GRAPHIC] [TIFF OMITTED] TR17JA97.005

Where:

CGa,i, CGb,i=Concentration of total organic 
compounds (TOC) (minus methane and ethane) or total organic hazardous 
air pollutants, in vented gas stream, entering (CGa,i) and 
exiting (CGb,i) the control device, dry basis, parts per 
million by volume.
QMGa, QMGb=Mass rate of TOC (minus methane and 
ethane) or total organic hazardous air pollutants, in vented gas stream, 
entering (QMGa) and exiting (QMGb) the control 
device, dry basis, kilograms per hour.
MWi=Molecular weight of a component, kilogram/kilogram-mole.
 QGa,QGb=Flow rate of gas stream entering 
(QGa) and exiting (QGb) the control device, dry 
standard cubic meters per hour.
K2=Constant, 41.57 x 10-9 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram), where standard temperature (gram-mole per standard cubic meter) 
is 20 deg. Celsius.
i=Identifier for a compound.
n=Number of components in the sample.

    (7) Destruction efficiency calculation. The destruction efficiency 
of the combustion unit for Table 8 and/or Table 9 compounds shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.006

Where:

E=Destruction efficiency of Table 8 or Table 9 compounds for the 
combustion unit, percent.
QMWa=Mass flow rate of Table 8 or Table 9 compounds entering 
the combustion unit, kilograms per hour.
QMGb=Mass flow rate of Table 8 or Table 9 compounds in vented 
gas stream exiting the combustion treatment process, kilograms per hour.

    (8) Calculation of flow-weighted average of Fr values. Use Equation 
WW8 to calculate the flow-weighted average of the Fr values listed in 
table 9 of this subpart.

[[Page 223]]

[GRAPHIC] [TIFF OMITTED] TR17JA97.007


Where:

Fravg=Flow-weighted average of the Fr values.
Ci,a,k=Concentration of Table 8 and/or Table 9 compounds in 
wastewater stream entering the combustion unit, during run k, parts per 
million by weight.
Qa,k=Volumetric flow rate of wastewater entering the 
combustion unit during run k, cubic meters per hour.
Fri=Compound-specific Fr value listed in table 9 of this 
subpart.

    (9) Calculate flow-weighted average of Fr values and compare to mass 
destruction efficiency. Compare the mass destruction efficiency 
(calculated in Equation WW 7) to the required efficiency as specified in 
Sec. 63.138(e). If complying with Sec. 63.138(e)(1), compliance is 
demonstrated if the mass destruction efficiency is 99 percent or 
greater. If complying with Sec. 63.138(e)(2), compliance is demonstrated 
if the mass destruction efficiency is greater than or equal to the flow-
weighted average of the Fr value calculated in Equation WW8.
    (e) Non-combustion treatment processes including closed biological 
treatment processes: RMR option. This paragraph applies to performance 
tests for non-combustion treatment processes other than open biological 
treatment processes to demonstrate compliance with the mass removal 
provisions for Table 8 and/or Table 9 compounds. Compliance options for 
noncombustion treatment processes are specified in Sec. 63.138(f) of 
this subpart. Compliance options for closed aerobic or anaerobic 
biological treatment processes are specified in Sec. 63.138(f) and 
Sec. 63.138(g) of this subpart. When complying with Sec. 63.138(f), the 
owner or operator shall comply with the requirements specified in 
Sec. 63.145(e)(1) through (e)(6) of this subpart. When complying with 
Sec. 63.138(g), the owner or operator shall comply with the requirements 
specified in Sec. 63.145(e)(1) through (e)(6) of this subpart. 
(Wastewater streams that are Group 1 for both Table 8 and Table 9 
compounds need only do the compliance demonstration for Table 9 
compounds.)
    (1) Concentration in wastewater stream. The concentration of Table 8 
and/or Table 9 compounds shall be determined as provided in this 
paragraph. Concentration measurements to determine RMR shall be taken at 
the point of determination or downstream of the point of determination 
with adjustment for concentration change made according to 
Sec. 63.144(b)(6) of this subpart. Concentration measurements to 
determine AMR shall be taken at the inlet and outlet to the treatment 
process and as provided in Sec. 63.145(a)(7) for a series of treatment 
processes. Wastewater samples shall be collected using sampling 
procedures which minimize loss of organic compounds during sample 
collection and analysis and maintain sample integrity per 
Sec. 63.144(b)(5)(ii). The method shall be an analytical method for 
wastewater which has that compound as a target analyte. Samples may be 
grab samples or composite samples. Samples shall be taken at 
approximately 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. Concentration measurements based on Method 305 
shall be adjusted by dividing each concentration by the compound-
specific Fm factor listed in table 34 of this subpart. Concentration 
measurements based on methods other than Method 305 shall not adjust by 
the compound-specific Fm factor listed in table 34 of this subpart.
    (2) Flow rate. Flow rate measurements to determine RMR shall be 
taken at the point of determination or

[[Page 224]]

downstream of the point of determination with adjustment for flow rate 
change made according to Sec. 63.144(c)(4) of this subpart. Flow rate 
measurements to determine AMR shall be taken at the inlet and outlet to 
the treatment process and as provided in Sec. 63.145(a)(7) for a series 
of treatment processes. Flow rate shall be determined using inlet and 
outlet flow measurement devices. Where the outlet flow is not greater 
than the inlet flow, a flow measurement device shall be used, and may be 
used at either the inlet or outlet. Flow rate measurements shall be 
taken at the same time as the concentration measurements.
    (3) Calculation of RMR for non-combustion treatment processes 
including closed biological treatment processes. When using 
Sec. 63.138(f) to comply, the required mass removal of Table 8 and/or 
Table 9 compounds for each Group 1 wastewater stream shall be calculated 
as specified in paragraph (e)(3)(i) of this section. When using 
Sec. 63.138(g) to comply, the required mass removal shall be calculated 
as specified in paragraph (e)(3)(ii) of this section.
    (i) When using Sec. 63.138(f) to comply, the required mass removal 
of Table 8 and/or Table 9 compounds for each Group 1 wastewater stream 
shall be calculated using Equation WW9.
[GRAPHIC] [TIFF OMITTED] TR17JA97.008

Where:

RMR=Required mass removal for treatment process or series of treatment 
processes, kilograms per hour.
=Density of the Group 1 wastewater stream, kilograms per cubic 
meter.
Q=Volumetric flow rate of wastewater stream at the point of 
determination, liters per hour.
i=Identifier for a compound.
n=Number of Table 8 or Table 9 compounds in stream.
Ci=Concentration of Table 8 or Table 9 compounds at the point 
of determination, parts per million by weight.
Fri=Fraction removal value of a Table 8 or Table 9 compound. 
Fr values are listed in table 9 of this subpart.
10\9\=Conversion factor, mg/kg * l/m\3\.

    (ii) When using Sec. 63.138(g) to comply, the required mass removal 
is 95 percent of the mass flow rate for all Group 1 and Group 2 
wastewater streams combined for treatment. The required mass removal of 
Table 8 and/or Table 9 compounds for all Group 1 and Group 2 wastewater 
streams combined for treatment when complying with Sec. 63.138(g) shall 
be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.009

Where:

RMR=Required mass removal for treatment process or series of treatment 
processes, kilograms per hour.
=Density of the Group 1 wastewater stream, kilograms per cubic 
meter.
Q=Volumetric flow rate of wastewater stream at the point of 
determination, liters per hour.
i=Identifier for a compound.
n=Number of Table 8 or Table 9 compounds in stream.
Ci=Concentration of Table 8 or Table 9 compounds at the point 
of determination, parts per million by weight.
10\9\=Conversion factor, mg/kg * l/m\3\

    (4)(i) The required mass removal is calculated by summing the 
required mass removal for each Group 1

[[Page 225]]

wastewater stream to be combined for treatment when complying with 
Sec. 63.138(f).
    (ii) The required mass removal is calculated by summing the required 
mass removal for all Group 1 and Group 2 wastewater streams combined for 
treatment when complying with Sec. 63.138(g).
    (5) The AMR calculation procedure for non-combustion treatment 
processes including closed biological treatment processes. The AMR shall 
be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.010

Where:

AMR=Actual mass removal of Table 8 or Table 9 compounds achieved by 
treatment process or series of treatment processes, kilograms per hour.
QMWa=Mass flow rate of Table 8 or Table 9 compounds in 
wastewater entering the treatment process or first treament process in a 
series of treatment processes, kilograms per hour.
QMWb=Mass flow rate of Table 8 or Table 9 compounds in 
wastewater exiting the last treatment process in a series of treatment 
processes, kilograms per hour.

    (6) Compare RMR to AMR. When complying with Sec. 63.138(f), compare 
the RMR calculated in Equation WW9 to the AMR calculated in Equation 
WW10. Compliance is demonstrated if the AMR is greater than or equal to 
the RMR. When complying with Sec. 63.138(g), compare the RMR calculated 
in Equation WW-9a to the AMR calculated in Equation WW10. Compliance is 
demonstrated if the AMR is greater than or equal to 95-percent mass 
removal.
    (f) Open or closed aerobic biological treatment processes: Required 
mass removal (RMR) option. This paragraph applies to the use of 
performance tests that are conducted for open or closed aerobic 
biological treatment processes to demonstrate compliance with the mass 
removal provisions for Table 8 and/or Table 9 compounds. These 
compliance options are specified in Sec. 63.138(f) of this subpart. The 
owner or operator shall comply with the requirements specified in 
Sec. 63.145 (f)(1) through (f)(6) of this subpart. Some compounds may 
not require a performance test. Refer to Sec. 63.145(h) and table 36 of 
this subpart to determine which compounds may be exempt from the 
requirements of this paragraph.
    (1) Concentration in wastewater stream. The concentration of Table 8 
and/or Table 9 compounds shall be determined as provided in this 
paragraph. Concentration measurements to determine RMR shall be taken at 
the point of determination or downstream of the point of determination 
with adjustment for concentration change made according to 
Sec. 63.144(b)(6) of this subpart. Concentration measurements to 
determine AMR shall be taken at the inlet and outlet to the treatment 
process and as provided in Sec. 63.145(a)(7) for a series of treatment 
processes. Wastewater samples shall be collected using sampling 
procedures which minimize loss of organic compounds during sample 
collection and analysis and maintain sample integrity per 
Sec. 63.144(b)(5)(ii). The method shall be an analytical method for 
wastewater which has that compound as a target analyte. Samples may be 
grab samples or composite samples. Samples shall be taken at 
approximately 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. Concentration measurements based on Method 305 
shall be adjusted by dividing each concentration by the compound-
specific Fm factor listed in table 34 of this subpart. Concentration 
measurements based on methods other than Method 305 shall not adjust by 
the compound-specific Fm factor listed in table 34 of this subpart.
    (2) Flow rate. Flow rate measurements to determine RMR shall be 
taken at the point of determination or

[[Page 226]]

downstream of the point of determination with adjustment for flow rate 
change made according to Sec. 63.144(c)(4) of this subpart. Flow rate 
measurements to determine AMR shall be taken at the inlet and outlet to 
the treatment process and as provided in Sec. 63.145(a)(7) for a series 
of treatment processes. Flow rate shall be determined using inlet and 
outlet flow measurement devices. Where the outlet flow is not greater 
than the inlet flow, a flow measurement device shall be used, and may be 
used at either the inlet or outlet. Flow rate measurements shall be 
taken at the same time as the concentration measurements.
    (3) Calculation of RMR for open or closed aerobic biological 
treatment processes. The required mass removal of Table 8 and/or Table 9 
compounds for each Group 1 wastewater stream shall be calculated using 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.011

Where:

RMR=Required mass removal for treatment process or series of treatment 
processes, kilograms per hour.
P=Density of the Group 1 wastewater stream, kilograms per cubic meter.
Q=Volumetric flow rate of wastewater stream at the point of 
determination, liters per hour.
i=Identifier for a compound.
n=Number of Table 8 or Table 9 compounds in stream.
Ci=Concentration of Table 8 or Table 9 compounds at the point 
of determination, parts per million by weight.
Fri=Fraction removal value of a Table 8 or Table 9 compound. 
Fr values are listed in table 9 of this subpart.
109=Conversion factor, mg/kg * l/m3.

    (4) The required mass removal is calculated by adding together the 
required mass removal for each Group 1 wastewater stream to be combined 
for treatment.
    (5) Actual mass removal calculation procedure for open or closed 
aerobic biological treatment processes. The actual mass removal (AMR) 
shall be calculated using Equation WW12 as specified in paragraph 
(f)(5)(i) of this section when the performance test is performed across 
the open or closed aerobic biological treatment process only. If 
compliance is being demonstrated in accordance with 
Sec. 63.145(a)(7)(i), the AMR for the series shall be calculated using 
Equation WW13 in Sec. 63.145(f)(5)(ii). (This equation is for situations 
where treatment is performed in a series of treatment processes 
connected by hard-piping.) If compliance is being demonstrated in 
accordance with Sec. 63.145(a)(7)(ii), the AMR for the biological 
treatment process shall be calculated using Equation WW12 in 
Sec. 63.145(f)(5)(i). The AMR for the biological treatment process used 
in a series of treatment processes calculated using Equation WW12 shall 
be added to the AMR determined for each of the other individual 
treatment processes in the series of treatment processes.
    (i) Calculate AMR for the open or closed aerobic biological 
treatment process as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.012

Where:

AMR=Actual mass removal of Table 8 or Table 9 compounds achieved by open 
or closed biological treatment process, kilograms per hour.
QMWa=Mass flow rate of Table 8 or Table 9 compounds in 
wastewater entering the treatment process, kilograms per hour.
Fbio=Site-specific fraction of Table 8 or Table 9 compounds 
biodegraded. Fbio shall be determined as specified in 
Sec. 63.145(h) and appendix C of this subpart.

    (ii) Calculate AMR across a series of treatment units where the last 
treatment unit is an open or closed aerobic biological treatment process 
as follows:

[[Page 227]]

[GRAPHIC] [TIFF OMITTED] TR17JA97.013


Where:

AMR=Actual mass removal of Table 8 or Table 9 compounds achieved by a 
series of treatment processes, kilograms per hour.
QMWa=Mass flow rate of Table 8 or Table 9 compounds in 
wastewater entering the first treatment process in a series of treatment 
processes, kilograms per hour.
QMWb=Mass flow rate of Table 8 or Table 9 compounds in 
wastewater exiting the last treatment process in a series of treatment 
processes prior to the biological treatment process, kilograms per hour.
Fbio=Site-specific fraction of Table 8 or Table 9 compounds 
biodegraded. Fbio shall be determined as specified in 
Sec. 63.145(h) and appendix C of this subpart.

    (6) Compare RMR to AMR. Compare the RMR calculated in Equation WW11 
to the AMR calculated in either Equation WW12 or WW13, as applicable. 
Compliance is demonstrated if the AMR is greater than or equal to the 
RMR.
    (g) Open or closed aerobic biological treatment processes: 95-
percent mass removal option. This paragraph applies to performance tests 
that are conducted for open or closed aerobic biological treatment 
processes to demonstrate compliance with the 95-percent mass removal 
provisions for Table 8 and/or Table 9 compounds. This compliance option 
is specified in Sec. 63.138(g) of this subpart. The RMR for this option 
is 95-percent mass removal. The owner or operator shall comply with the 
requirements specified in Sec. 63.145(g)(1) to determine AMR, 
Sec. 63.145 (e)(3)(ii) and (e)(4)(ii) to determine RMR, and (g)(2) of 
this subpart to determine whether compliance has been demonstrated. Some 
compounds may not require a performance test. Refer to Sec. 63.145(h) 
and table 36 of this subpart to determine which compounds may be exempt 
from the requirements of this paragraph. (Wastewater streams that are 
Group 1 for both Table 8 and Table 9 compounds need only do the 
compliance demonstration for Table 9 compounds.)
    (1) The owner or operator shall comply with the requirements 
specified in paragraphs (f)(1), (f)(2), and (f)(5) of this section to 
determine AMR. References to Group 1 wastewater streams shall be deemed 
Group 1 and Group 2 wastewater streams for the purposes of this 
paragraph.
    (2) Compare RMR to AMR. Compliance is demonstrated if the AMR is 
greater than or equal to RMR.
    (h) Site-specific fraction biodegraded (Fbio). The 
compounds listed in table 9 of this subpart are divided into three sets 
for the purpose of determining whether Fbio must be 
determined, and if Fbio must be determined, which procedures 
may be used to determine compound-specific kinetic parameters. These 
sets are designated as lists 1, 2, and 3 in table 36 of this subpart.
    (1) Performance test exemption. If a biological treatment process 
meets the requirements specified in paragraphs (h)(1)(i) and (h)(1)(ii) 
of this section, the owner or operator is not required to determine 
Fbio and is exempt from the applicable performance test 
requirements specified in Sec. 63.138 of this subpart.
    (i) The biological treatment process meets the definition of 
``enhanced biological treatment process'' in Sec. 63.111 of this 
subpart.
    (ii) At least 99 percent by weight of all compounds on table 36 of 
this subpart that are present in the aggregate of all wastewater streams 
using the biological treatment process to comply with Sec. 63.138 of 
this subpart are compounds on list 1 of table 36 of this subpart.
    (2) Fbio determination. For wastewater streams that 
include one or more compounds on lists 2 and/or 3 of table 36 of this 
subpart that do not meet criteria in paragraph (h)(1)(ii) of this 
section, the owner or operator shall determine Fbio for the 
biological treatment process using the procedures in appendix C to part 
63, and paragraph (h)(2)(i) or (h)(2)(ii) of this section. For 
biological treatment processes that do not meet

[[Page 228]]

the definition for enhanced biological treatment in Sec. 63.111 of this 
subpart, the owner or operator shall determine the Fbio for 
the biological treatment process using any of the procedures in appendix 
C to part 63, except the batch tests procedure.
    (i) Wastewater streams without list 3 compounds that are treated in 
enhanced biological treatment processes. For wastewater streams that 
include no compounds on list 3 of table 36 of this subpart and the 
biological treatment process meets the definition of enhanced biological 
treatment process in Sec. 63.111 of this subpart, the owner or operator 
shall determine fbio for the list 2 compounds using any of 
the procedures specified in appendix C of 40 CFR part 63. (The symbol 
``fbio'' represents the site specific fraction of an 
individual Table 8 or Table 9 compound that is biodegraded.) The owner 
or operator shall calculate fbio for the list 1 compounds 
using the defaults for first order biodegradation rate constants 
(K1) in table 37 of subpart G and follow the procedure 
explained in Form III of appendix C, 40 CFR part 63, or any of the 
procedures specified in appendix C, 40 CFR part 63.
    (ii) Wastewater streams with list 3 compounds that are treated in 
enhanced biological treatment processes. For wastewater streams that 
include one or more compounds on list 3 of table 36 of this subpart, the 
owner or operator shall determine fbio for the list 3 
compounds using any of the procedures specified in appendix C, 40 CFR 
part 63, except the batch tests procedure. The owner or operator shall 
determine fbio for the list 2 compounds using any of the 
procedures specified in appendix C, 40 CFR part 63. The owner or 
operator shall calculate fbio for the list 1 compounds using 
the defaults for first order biodegradation rate constants 
(K1) in table 37 of subpart G and follow the procedure 
explained in Form III of appendix C, 40 CFR part 63, or any of the 
procedures specified in appendix C, of 40 CFR part 63.
    (iii) Performance tests for control devices other than flares. This 
paragraph applies to performance tests that are conducted to demonstrate 
compliance of a control device with the efficiency limits specified in 
Sec. 63.139(c). If complying with the 95-percent reduction efficiency 
requirement, comply with the requirements specified in paragraphs (i)(1) 
through (i)(9) of this section. If complying with the 20 ppm by volume 
requirement, comply with the requirements specified in paragraphs (i)(1) 
through (i)(6) and (i)(9) of this section. The 20 ppm by volume limit or 
95 percent reduction efficiency requirement shall be measured as either 
total organic hazardous air pollutants or as TOC minus methane and 
ethane.
    (i)(1) Sampling sites. Sampling sites shall be selected using Method 
1 or 1A of 40 CFR part 60, appendix A, as appropriate. For determination 
of compliance with the 95 percent reduction requirement, sampling sites 
shall be located at the inlet and the outlet of the control device. For 
determination of compliance with the 20 parts per million by volume 
limit, the sampling site shall be located at the outlet of the control 
device.
    (2) Concentration in gas stream entering or exiting the control 
device. The concentration of total organic hazardous air pollutants or 
TOC in a gas stream shall be determined as provided in this paragraph. 
Samples may be grab samples or composite samples (i.e., integrated 
samples). Samples shall be taken at approximately 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. 
Concentration measurements 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) Volumetric flow rate of gas stream entering or exiting the 
control device. The volumetric flow rate of the gas stream shall be 
determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, 
as appropriate. Volumetric flow rate measurements shall be taken at the 
same time as the concentration measurements.
    (4) Calculation of TOC concentration. The TOC concentration 
(CGT) is the sum of the concentrations of the individual 
components. If compliance is being determined based on TOC, the owner or 
operator shall compute TOC

[[Page 229]]

for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.014

Where:

CGT=Total concentration of TOC (minus methane and ethane) in 
vented gas stream, average of samples, dry basis, parts per million by 
volume.
CGSi,j=Concentration of sample components in vented gas 
stream for sample j, dry basis, parts per million by volume.
i=Identifier for a compound.
n=Number of components in the sample.
j=Identifier for a sample.
m=Number of samples in the sample run.

    (5) Calculation of total organic hazardous air pollutants 
concentration. The owner or operator determining compliance based on 
total organic hazardous air pollutants concentration (CHAP) 
shall compute CHAP according to the Equation WW14, except 
that only Table 9 compounds shall be summed.
    (6) Percent oxygen correction for combustion control devices. If the 
control device is a combustion device, comply with the requirements 
specified in paragraph (i)(6)(i) of this section to determine oxygen 
concentration, and in paragraph (i)(6)(ii) of this section to calculate 
the percent oxygen correction.
    (i) Oxygen concentration. The concentration of TOC or total organic 
hazardous air pollutants shall be corrected to 3 percent oxygen if the 
control device is a combustion device. The emission rate correction 
factor for excess air, composite sampling (i.e., integrated sampling) 
and analysis procedures of Method 3B of 40 CFR part 60, appendix A shall 
be used to determine the actual oxygen concentration (%02d). 
The samples shall be taken during the same time that the TOC (minus 
methane or ethane) or total organic hazardous air pollutants samples are 
taken.
    (ii) 3 percent oxygen calculation. The concentration corrected to 3 
percent oxygen (CGc), when required, shall be computed using 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.015

Where:

CGc=Concentration of TOC or organic hazardous air pollutants 
corrected to 3 percent oxygen, dry basis, parts per million by volume.
CGT=Total concentration of TOC (minus methane and ethane) in 
vented gas stream, average of samples, dry basis, parts per million by 
volume.
%02d=Concentration of oxygen measured in vented gas stream, 
dry basis, percent by volume.

    (7) Mass rate calculation. The mass rate of either TOC (minus 
methane and ethane) or total organic hazardous air pollutants shall be 
calculated using the following equations. Where the mass rate of TOC is 
being calculated, all organic compounds (minus methane and ethane) 
measured by methods specified in paragraph (i)(2) of this section are 
summed using Equations WW16 and WW17. Where the mass rate of total 
organic hazardous air pollutants is being calculated, only Table 9 
compounds

[[Page 230]]

shall be summed using Equations WW16 and WW17.
[GRAPHIC] [TIFF OMITTED] TR17JA97.016

[GRAPHIC] [TIFF OMITTED] TR17JA97.017

Where:

CGa,i, CGb,i=Concentration of TOC (minus methane 
and ethane) or total organic hazardous air pollutants, in vented gas 
stream, entering (CGa,i) and exiting (CGb,i) the 
control device, dry basis, parts per million by volume.
QMGa, QMGb=Mass rate of TOC (minus methane and 
ethane) or total organic hazardous air pollutants, in vented gas stream, 
entering (QMGa) and exiting (QMGb) the control 
device, dry basis, kilograms per hour.
MWi=Molecular weight of a component, kilogram/kilogram-mole.
QGa, QGb=Flow rate of gas stream entering 
(QGa) and exiting (QGb) the control device, dry 
standard cubic meters per hour.
K2=Constant, 41.57 x 10-9 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram), where standard temperature (gram-mole per standard cubic meter) 
is 20 deg. Celsius.
i=Identifier for a compound.
n=Number of components in the sample.

    (8) Percent reduction calculation. The percent reduction in TOC 
(minus methane and ethane) or total organic hazardous air pollutants 
shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.018

Where:

E=Destruction efficiency of control device, percent.
QMGa, QMGb=Mass rate of TOC (minus methane and 
ethane) or total organic hazardous air pollutants, in vented gas stream 
entering and exiting (QMGb) the control device, dry basis, 
kilograms per hour.
    (9) Compare mass destruction efficiency to required efficiency. If 
complying with the 95 percent reduction efficiency requirement, 
compliance is demonstrated if the mass destruction efficiency 
(calculated in Equation WW18) is 95 percent or greater. If complying 
with the 20 parts per million by volume limit in Sec. 63.139 (c)(1)(ii) 
of this subpart, compliance is demonstrated if the outlet total organic 
compound concentration, less methane and ethane, or total organic 
hazardous air pollutants concentration is 20 parts per million by 
volume, or less. For combustion control devices, the concentration shall 
be calculated on a dry basis, corrected to 3 percent oxygen.
    (j) Compliance demonstration for flares. When a flare is used to 
comply with Sec. 63.139 (c) 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 shall be conducted using Method 22 
of 40 CFR part 60, appendix A, to determine visible emissions.

[[Page 231]]

    (2) An owner or operator is not required to conduct a performance 
test to determine percent emission reduction or outlet organic hazardous 
air pollutants or TOC concentration when a flare is used.

[62 FR 2765, Jan. 17, 1997]



Sec. 63.146  Process wastewater provisions--reporting.

    (a) For each waste management unit, treatment process, or control 
device used to comply with Secs. 63.138 (b)(1), (c)(1), (d), (e), (f), 
or (g) 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(f) or (g) 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) [Reserved]
    (2) For each new and existing source, the owner or operator shall 
submit the information specified in table 15 of this subpart for Table 8 
and/or Table 9 compounds.
    (3) [Reserved]
    (4) For each treatment process identified in table 15 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 15 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 report 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 report the 
information specified 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 of each parameter 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)(i)(A) and (b)(8)(i)(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

[[Page 232]]

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), (f), (g), 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 of each parameter 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(h) 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 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), 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), (d)(2), and (d)(3) of this section for the monitoring 
required by Sec. 63.143(b) of this subpart.
    (1) For Item 1 in table 12, the owner or operator shall submit the 
results of measurements that indicate that the biological treatment unit 
is outside the range established in the Notification of Compliance 
Status or operating permit.
    (2) For Item 2 in table 12, the owner or operator shall submit the 
monitoring results for each operating day during which the daily average 
value of a continuously monitored parameter is outside the range 
established in the Notification of Compliance Status or operating 
permit.
    (3) 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 approved in 
accordance with Sec. 63.151 (f) 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

[[Page 233]]

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 an extension is utilized in accordance with Sec. 63.133(e)(2) 
or Sec. 63.133(h) of this subpart, the owner or operator shall include 
in the next periodic report the information specified in Sec. 63.133 
(e)(2) or Sec. 63.133(h).

[62 FR 2774, Jan. 17, 1997]



Sec. 63.147  Process wastewater provisions--recordkeeping.

    (a) 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(g) of this subpart shall keep a record of the notice sent to 
the treatment operator stating that the wastewater stream or residual 
contains organic hazardous air pollutants which are required to be 
managed and treated in accordance with the provisions of this subpart.
    (b) The owner or operator shall keep in a readily accessible 
location the records specified in paragraphs (b)(1) through (b)(7) 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.
    (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 practical.
    (7) Documentation of a decision to use a delay of repair due to 
unavailability of parts, as specified in Sec. 63.140(c), shall include a 
description of the failure, the reason additional time was necessary 
(including a statement of why replacement parts were not kept on site 
and when the manufacturer promised delivery), and the date when repair 
was completed.
    (c) 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.
    (d) The owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day as 
specified in Sec. 63.152(f), except as provided in paragraphs (d)(1) and 
(d)(2) of this section.
    (1) 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.
    (2) For carbon adsorbers, the owner or operator shall keep the 
records specified in paragraphs (d)(2)(i) and (d)(2)(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.
    (e) 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

[[Page 234]]

table 13 of this subpart, the Administrator will specify appropriate 
recordkeeping requirements.
    (f) If the owner or operator uses process knowledge to determine the 
annual average concentration of a wastewater stream as specified in 
Sec. 63.144(b)(3) of this subpart and/or uses process knowledge to 
determine the annual average flow rate as specified in Sec. 63.144(c)(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 annual average concentration and/or the annual average 
flow rate of the wastewater stream.

[62 FR 2775, Jan. 17, 1997]



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)(i) Except as provided in paragraph (c)(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 for the average 
composition of the process fluid not each individual volatile organic 
compound in the stream. For process streams that contain nitrogen, air, 
or other inerts which are not organic hazardous air pollutants or 
volatile organic compounds, the average stream response factor shall be 
calculated on an inert-free basis.
    (ii) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (c)(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 (c)(2)(i) of this section.
    (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) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than

[[Page 235]]

methane in air may be used if the instrument does not respond to methane 
or if the instrument does not meet the performance criteria specified in 
paragraph (b)(2)(i) of this section. In such cases, the calibration gas 
may be a mixture of one or more of the compounds to be measured in air.
    (5) An owner or operator may elect to adjust or not adjust 
instrument readings for background. If an owner or operator elects to 
not adjust readings for background, all such instrument readings shall 
be compared directly to the applicable leak definition to determine 
whether there is a leak. If an owner or operator elects to adjust 
instrument readings for background, the owner or operator shall measure 
background concentration using the procedures in Secs. 63.180(b) and (c) 
of subpart H of this part. The owner or operator shall subtract 
background reading from the maximum concentration indicated by the 
instrument.
    (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 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,

[[Page 236]]

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 a diversion 
was detected at any time during the hour, as well as records of the 
times of all periods when the vent stream is diverted from the control 
device or the flow indicator 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 whether the monthly visual inspection 
of the seals or closure mechanisms has been done, and shall record the 
occurrence 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 
configuration 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 of all periods recorded under paragraph 
(i)(3)(i) of

[[Page 237]]

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; 
62 FR 2775, Jan. 17, 1997]



Sec. 63.149  Control requirements for certain liquid streams in open systems within a chemical manufacturing process unit.

    (a) The owner or operator shall comply with the provisions of table 
35 of this subpart, for each item of equipment meeting all the criteria 
specified in paragraphs (b) through (d) and either paragraph (e)(1) or 
(e)(2) of this section.
    (b) The item of equipment is of a type identified in table 35 of 
this subpart;
    (c) The item of equipment is part of a chemical manufacturing 
process unit that meets the criteria of Sec. 63.100(b) of subpart F of 
this part;
    (d) The item of equipment is controlled less stringently than in 
table 35 and is not listed in Sec. 63.100(f) of subpart F of this part, 
and the item of equipment is not otherwise exempt from controls by the 
provisions of subparts A, F, G, or H of this part; and
    (e) The item of equipment:
    (1) is a drain, drain hub, manhole, lift station, trench, pipe, or 
oil/water separator that conveys water with a total annual average 
concentration greater than or equal to 10,000 parts per million by 
weight of Table 9 compounds at any flowrate; or a total annual average 
concentration greater than or equal to 1,000 parts per million by weight 
of Table 9 compounds at an annual average flow rate greater than or 
equal to 10 liters per minute. At a chemical manufacturing process unit 
subject to the new source requirements of 40 CFR 63.100(l)(1) or 40 CFR 
63.100(l)(2), the criteria of this paragraph are also met if the item of 
equipment conveys water with an annual average concentration greater 
than or equal to 10 parts per million by weight of any Table 8 compound 
at an annual average flow rate greater than or equal to 0.02 liter per 
minute, or
    (2) Is a tank that receives one or more streams that contain water 
with a total annual average concentration greater than or equal to 1,000 
ppm (by weight) of Table 9 compounds at an annual average flowrate 
greater than or equal to 10 liters per minute. At a chemical 
manufacturing process unit subject to the new source requirements of 40 
CFR 63.100(l)(1) or 40 CFR 63.100 (l)(2), the criteria of this paragraph 
are also met if the tank receives one or more streams that contain water 
with an annual average concentration greater than or equal to 10 parts 
per million by weight of any Table 8 compound at an annual average flow 
rate greater than or equal to 0.02 liter per minute. The owner or 
operator of the source shall determine the characteristics of the stream 
as specified in paragraphs (e)(2) (i) and (ii) of this section.
    (i) The characteristics of the stream being received shall be 
determined at the inlet to the tank.
    (ii) The characteristics shall be determined according to the 
procedures in Sec. 63.144 (b) and (c).

[62 FR 2776, Jan. 17, 1997]



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

[[Page 238]]

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 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

[[Page 239]]

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 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:

[[Page 240]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.245


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:


[[Page 241]]


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 
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

[[Page 242]]

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

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, 

[[Page 243]]

[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:

[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.

[[Page 244]]

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

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.

[[Page 245]]

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

[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.


[[Page 246]]


    (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.
    (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:

[[Page 247]]

[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.
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.

[[Page 248]]

    (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

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:


[[Page 249]]

[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 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.

[[Page 250]]

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.
    (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

[[Page 251]]

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 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] 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,

[[Page 252]]

[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,
[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.

[[Page 253]]

    (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

    (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.

[[Page 254]]

    (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 Secs. 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:

[[Page 255]]

[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:
[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

[[Page 256]]

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 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

[[Page 257]]

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).
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.


[[Page 258]]


    (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.
    (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

[[Page 259]]

    (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 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

[[Page 260]]

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.

    (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) An Implementation Plan for new sources subject to this subpart 
or for emission points to be included in an emissions average, 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. 
The submittal date and contents of the Implementation Plan are specified 
in paragraphs (c) and (d) 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 permitting authority as part of the operating permit 
application or as part of the Initial Notification or as a separate 
submittal. Requests for extensions shall be submitted no later than 120 
days prior to the compliance dates specified in Sec. 63.100(k)(2), 
Sec. 63.100(l)(4), and Sec. 63.100(m) of subpart F of this part, except 
as provided for in paragraph (a)(6)(iv) of this section. 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 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.
    (iv) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (a)(6)(i) of this section provided 
the need for the compliance extension arose after that date and before 
the otherwise applicable compliance date, and the need arose due to 
circumstances beyond reasonable control of the owner or operator. This 
request shall include, in addition to the information in paragraph 
(a)(6)(ii) of this section, a statement of the reasons additional time 
is needed and the date when the owner or operator first learned of the 
problem.
    (7) The reporting requirements for storage vessels are located in 
Sec. 63.122 of this subpart.
    (b) Each owner or operator of an existing or new source subject to 
subpart

[[Page 261]]

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 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 source with emission 
points that will be included in an emissions average 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) of this subpart has been 
submitted. The Implementation Plan for emissions averaging is subject to 
Administrator approval.
    (1) Each owner or operator of an existing source subject to this 
subpart who elects to comply with Sec. 63.112 of this subpart 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) of this subpart 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 of this 
part.
    (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

[[Page 262]]

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 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.

[[Page 263]]

    (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.
    (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 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 expressly referred to this paragraph shall 
report, in an Implementation Plan, operating permit application, or as 
otherwise specified by the permitting authority, the information listed 
in paragraphs (e)(1) through (e)(5) of this section.
    (1) A list designating each emission point complying with 
Secs. 63.113 through 63.149 of this subpart and whether each emission 
point is Group 1 or Group 2, as defined in Sec. 63.111 of this subpart.
    (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 63.149 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 that expressly references this paragraph 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 of this 
subpart shall submit the information specified in paragraphs (f)(1), 
(f)(2), and (f)(3) of this section with the operating permit application 
or as otherwise specified by the permitting authority.
    (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,

[[Page 264]]

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.
    (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 included in the operating permit application 
or as otherwise specified by the permitting authority 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.

[[Page 265]]

    (h) The owner or operator required to prepare an Implementation 
Plan, or otherwise required to submit a report, under paragraph (c), 
(d), or (e) of this section shall also submit a supplement for any 
additional 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 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 subject to this subpart, for 
emission points that are not included in an emissions average, shall 
report 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, or as otherwise specified by the 
permitting authority. 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 deliberate 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 of this 
part 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 previously 
reported to the Administrator or to the permitting authority, or plans 
to monitor a different parameter, or operate a control device in a 
manner other than that previously reported.
    (3) Whenever an emission point or a chemical manufacturing process 
unit is added to a source, a written addendum to the information 
submitted under paragraph (e) of this section containing

[[Page 266]]

information 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; 61 FR 64576, Dec. 5, 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 for existing sources with emission points that are 
included in an emissions average or for new sources.
    (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. 63.110 (h) for 
regulatory overlaps, 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. 63.127 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), 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. The recordkeeping and reporting 
requirements applicable to storage vessels are located in Secs. 63.122 
and 63.123.
    (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 and may be supplemented by engineering assessments

[[Page 267]]

and/or 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/or 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.
    (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.
    (5) An owner or operator who transfers a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream for treatment 
pursuant to Sec. 63.132(g) shall include in the Notification of 
Compliance Status the name and location of the transferee and a 
description of the Group 1 wastewater stream or residual sent to the 
treatment facility.
    (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) Except as provided in paragraph (c)(2)(iv) of this section, for 
an owner or operator of a source complying with the provisions of 
Secs. 63.113 through 63.147 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 or 
recovery 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 paragraph 
(c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3) of this section. 
For a control device or recovery device where multiple parameters are 
monitored, if one or more of the parameters meets the excursion criteria 
in paragraph (c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3) of 
this section, this is considered a single excursion for the control 
device or recovery device.

[[Page 268]]

    (1) When the daily average value of one or more monitored parameters 
is outside the permitted range.
    (2) When the period of control device or recovery 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 or recovery 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 or 
recovery 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.
    (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 periods of 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 of this part) or during periods 
of nonoperation of the chemical manufacturing process unit or portion 
thereof (resulting in cessation of the emissions to which the monitoring 
applies), then the excursion is not a violation and, in cases where 
continuous monitoring is required, the excursion does not count toward 
the number of excused excursions for determining compliance.
    (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, except paragraph 
(c)(2)(ii)(C) of this section, shall apply only to emission points and 
control devices or recovery devices for which continuous monitoring is 
required by Secs. 63.113 through 63.150.
    (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.
    (iv) The provisions of paragraphs (c)(2), (c)(2)(i), (c)(2)(ii), and 
(c)(2)(iii) of this section do not apply to any storage vessel for which 
the owner or operator is not required, by the applicable monitoring plan 
established under Sec. 63.120(d)(2), to keep continuous records. If 
continuous records are required, the owner or operator shall specify, in 
the monitoring plan, whether the provisions of paragraphs (c)(2), 
(c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this section apply.
    (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

[[Page 269]]

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)(iv) 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 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 of this part, and
    (iv) For process wastewater streams sent for treatment pursuant to 
Sec. 63.132 (g), reports of changes in the identity of the treatment 
facility or transferee.
    (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.
    (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. For storage vessels 
to which the provisions of paragraphs (c)(2)(i) through (c)(2)(iii) of 
this section do not apply (as specified in paragraph (c)(2)(iv) of this 
section), the owner or operator is required to comply with the 
provisions of the applicable monitoring plan, and monitoring records may 
be used to determine compliance.
    (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

[[Page 270]]

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. For storage vessels to which the provisions of 
paragraphs (c)(2)(i) through (c)(2)(iii) of this section do not apply 
(as specified in paragraph (c)(2)(iv) of this section), the owner or 
operator is required to comply with the provisions of the applicable 
monitoring plan, and monitoring records may be used to determine 
compliance.
    (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 subject to this subpart shall submit the 
information specified in paragraphs (e)(1) through (e)(4) of this 
section with the operating permit application or as otherwise specified 
by the permitting authority. The owner or operator shall submit written 
updates as amendments to the operating permit application on the 
schedule and under the circumstances described in Sec. 63.151(j) of this 
subpart. Notwithstanding, if the owner or operator has an operating 
permit under 40 CFR part 70 or 71, the owner or operator shall follow 
the schedule and format required by the permitting authority.
    (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) or 
under Sec. 63.8(f) of subpart A of this part, and except as provided in 
paragraph (c)(2)(ii)(C) of this section or in paragraph (g) of this 
section. If a monitoring plan for storage vessels pursuant to 
Sec. 63.120(d)(2)(i) requires continuous records, the monitoring plan 
shall specify which provisions, if any, of paragraphs (f)(1) through 
(f)(7) of this section apply.
    (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 or at least 
one measured data value per minute if measured more frequently than once 
per minute.
    (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

[[Page 271]]

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 paragraphs (f)(6) and (f)(7) 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 identified in paragraphs 
(f)(7)(i) through (f)(7)(v) of this section 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.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) Start-ups;
    (iii) Shutdowns;
    (iv) Malfunctions;
    (v) Periods of non-operation of the chemical manufacturing process 
unit (or portion thereof), resulting in cessation of the emissions to 
which the monitoring applies.
    (g) For any parameter with respect to any item of equipment, the 
owner or operator may implement the recordkeeping requirements in 
paragraph (g)(1) or (g)(2) of this section as 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, Secs. 63.143, 
63.146, and 63.147 for wastewater, and/or Sec. 63.152(f), except that 
Sec. 63.152(f)(7) shall apply. The owner or operator shall retain each 
record required by paragraph (g)(1) or (g)(2) of this section as 
provided in Sec. 63.103(c) of subpart F of this part, except as provided 
otherwise in paragraph (g)(1) or (g)(2) of this section.
    (1) The owner or operator may retain only the daily average value, 
and is not required to retain more frequent monitored operating 
parameter values, for a monitored parameter with respect to an item of 
equipment, if the requirements of paragraphs (g)(1)(i) through 
(g)(1)(vi) of this section are met. An owner or operator electing to 
comply with the requirements of paragraph (g)(1) of this section shall 
notify the Administrator in the Notification of Compliance Status or, if 
the Notification of Compliance Status has already been submitted, in the 
periodic report immediately preceding implementation of the requirements 
of paragraph (g)(1) of this section.
    (i) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation other than startups, 
shutdowns, or malfunctions (e.g., a temperature reading of -200 deg. C 
on a boiler), and will alert the operator by alarm or other means. The 
owner or operator shall record the occurrence. All instances of the 
alarm or other alert in an operating day constitute a single occurrence.
    (ii) The monitoring system generates, updated at least hourly

[[Page 272]]

throughout each operating day, a running average of the monitoring 
values that have been obtained during that operating day, and the 
capability to observe this average is readily available to the 
Administrator on-site during the operating day. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (g)(1)(ii)(A) through (g)(1)(iii)(C) of this section. All 
instances in an operating day constitute a single occurrence.
    (A) The running average is above the maximum or below the minimum 
established limits;
    (B) The running average is based on at least 6 1-hour average 
values; and
    (C) The running average reflects a period of operation other than a 
startup, shutdown, or malfunction.
    (iii) The monitoring system is capable of detecting unchanging data 
during periods of operation other than startups, shutdowns, or 
malfunctions, except in circumstances where the presence of unchanging 
data is the expected operating condition based on past experience (e.g., 
pH in some scrubbers), and will alert the operator by alarm or other 
means. The owner or operator shall record the occurrence. All instances 
of the alarm or other alert in an operating day constitute a single 
occurrence.
     (iv) The monitoring system will alert the owner or operator by an 
alarm or other means, if the running average parameter value calculated 
under paragraph (g)(1)(ii) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that is 
being monitored.
     (v) The owner or operator shall verify the proper functioning of 
the monitoring system, including its ability to comply with the 
requirements of paragraph (g)(1) of this section, at the times specified 
in paragraphs (g)(1)(v)(A) through (g)(1)(v)(C) of this section. The 
owner or operator shall document that the required verifications 
occurred.
     (A) Upon initial installation.
     (B) Annually after initial installation.
     (C) After any change to the programming or equipment constituting 
the monitoring system, which might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
     (vi) The owner or operator shall retain the records identified in 
paragraphs (g)(1)(vi) (A) through (C) of this section.
     (A) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (g) of this section.
     (B) A description of the applicable monitoring system(s), and of 
how compliance will be achieved with each requirement of paragraph 
(g)(1)(i) through (g)(1)(v) of this section. The description shall 
identify the location and format (e.g., on-line storage; log entries) 
for each required record. If the description changes, the owner or 
operator shall retain both the current and the most recent superseded 
description. The description, and the most recent superseded 
description, shall be retained as provided in Sec. 63.103(c) of subpart 
F of this part, except as provided in paragraph (g)(1)(vi)(D) of this 
section.
     (C) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to affect its ability to comply 
with the requirements of paragraph (g)(1) of this section.
     (D) Owners and operators subject to paragraph (g)(1)(vi)(B) of this 
section shall retain the current description of the monitoring system as 
long as the description is current, but not less than 5 years from the 
date of its creation. The current description shall, at all times, be 
retained on-site or be accessible from a central location by computer or 
other means that provides access within 2 hours after a request. The 
owner or operator shall retain the most recent superseded description at 
least until 5 years from the date of its creation. The superseded 
description shall be retained on-site (or accessible from a central 
location by computer that provides access within 2 hours after a 
request) at least 6 months after its creation. Thereafter, the 
superseded description may be stored off-site.
     (2) If an owner or operator has elected to implement the 
requirements of paragraph (g)(1) of this section, and a

[[Page 273]]

period of 6 consecutive months has passed without an excursion as 
defined in paragraph (g)(2)(iv) of this section, the owner or operator 
is no longer required to record the daily average value for that 
parameter for that unit of equipment, for any operating day when the 
daily average value is less than the maximum, or greater than the 
minimum established limit. With approval by the Administrator, 
monitoring data generated prior to the compliance date of this subpart 
shall be credited toward the period of 6 consecutive months, if the 
parameter limit and the monitoring was required and/or approved by the 
Administrator.
     (i) If the owner or operator elects not to retain the daily average 
values, the owner or operator shall notify the Administrator in the next 
periodic report. The notification shall identify the parameter and unit 
of equipment.
     (ii) If, on any operating day after the owner or operator has 
ceased recording daily averages as provided in paragraph (g)(2) of this 
section, there is an excursion as defined in paragraph (g)(2)(iv) of 
this section, the owner or operator shall immediately resume retaining 
the daily average value for each day, and shall notify the Administrator 
in the next periodic report. The owner or operator shall continue to 
retain each daily average value until another period of 6 consecutive 
months has passed without an excursion as defined in paragraph 
(g)(2)(iv) of this section.
     (iii) The owner or operator shall retain the records specified in 
paragraphs (g)(1) (i), (ii), (iii), (iv), (v), and (vi) of this section. 
For any calendar week, if compliance with paragraphs (g)(1) (i), (ii), 
(iii), and (iv) of this section does not result in retention of a record 
of at least one occurrence or measured parameter value, the owner or 
operator shall record and retain at least one parameter value during a 
period of operation other than a startup, shutdown, or malfunction.
     (iv) For purposes of paragraph (g) of this section, an excursion 
means that the daily average value of monitoring data for a parameter is 
greater than the maximum, or less than the minimum established value, 
except as provided in paragraphs (g)(2)(iv)(A) and (g)(2)(iv)(B) of this 
section.
     (A) The daily average value during any start-up, shutdown, or 
malfunction shall not be considered an excursion for purposes of this 
paragraph (g)(2), if the owner or operator follows the applicable 
provisions of the startup, shutdown, and malfunction plan required by 
Sec. 63.6(e)(3) of subpart A of this part.
     (B) An excused excursion, as described in Sec. 63.152(c)(2)(ii) (B) 
and (C), shall not be considered an excursion for purposes of this 
paragraph (g)(2).

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63629, Dec. 12, 1995; 
61 FR 64577, Dec. 5, 1996; 62 FR 2776, Jan. 17, 1997]

                Appendix to Subpart G--Tables and Figures

[[Page 274]]



         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 275]]


  Table 3.--Process Vents--Monitoring, Recordkeeping, and Reporting Requirements for Complying With 98 Weight-  
   Percent Reduction of Total Organic Hazardous Air Pollutants 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 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.                             
                                                                       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 all pilot flames are 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.                         
Recapture devices.......................  The appropriate monitoring   1. The recordkeeping and reporting       
                                           device identified in table   requirements for monitored parameters   
                                           4 when, in the table, the    identified for the appropriate          
                                           term ``recapture'' is        monitoring device in table 4 of this    
                                           substituted for              subpart.                                
                                           ``recovery.''                                                        
                                           [63.114(a)(5)].                                                      
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 of scrubber liquid 
 (Note: Controlled by a combustion         flow rates                   flow rate.                              
 device other than a flare) (Continued).   [63.114(a)(4)(ii)].         2. Record and report the scrubber liquid/
                                                                        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.                        

[[Page 276]]

                                                                                                                
All control devices.....................  Presence of flow diverted    1. Hourly records of whether the flow    
                                           to the atmosphere from the   indicator was operating and whether     
                                           control device               diversion was detected at any time      
                                           [63.114(d)(1)] 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.    
                                          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    
                                                                        moved to the diverting position 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.                                             
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 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.                                                


Table 4.--Process Vents--Monitoring, Recordkeeping, and Reporting Requirements for Maintaining a TRE Index Value
                                                  >1.0 and 4.0                                                  
----------------------------------------------------------------------------------------------------------------
                                          Parameters to be  monitored   Recordkeeping and reporting requirements
          Final recovery device                        a                        for monitored parameters        
----------------------------------------------------------------------------------------------------------------
Absorber b                                Exit temperature of the      1. Continuous records.c                  
                                           absorbing liquid            2. Record and report the exit temperature
                                           [63.114(b)(1)], and.         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        1. Continuous records.                   
                                           [63.114(b)(1)].             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 a.............................  Exit (product side)          1. Continuous records.                   
                                           temperature [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    1. Record of total regeneration stream   
                                           mass or volumetric flow      mass flow for each carbon bed           
                                           during carbon bed            regeneration cycle.                     
                                           regeneration cycle(s)       2. Record and report the total           
                                           [63.114(b)(3)], and.         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    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)] [63.114(b)(3)].    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.                   

[[Page 277]]

                                                                                                                
All recovery devices (as an alternative   Concentration level or       1. Continuous records.                   
 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 TRE determination--NCS.   
                                           recovery device [63.114     3. Record the daily average concentration
                                           (b)].                        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.                              
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.                                                


          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 Hazardous Air Pollutants 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                             

[[Page 278]]

                                                                                                                
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 [63.127(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 all pilot flames are absent
                                                                        or the monitor is not operating.        
                                                                       4. Report the duration 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 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 liquid and gas      1. Continuous records during loading of  
                                           flow rates                   scrubber liquid flow rate.              
                                           [63.127(a)(4)(ii)].         2. Record and report the scrubber liquid/
                                                                        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        
                                                                       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.                        

[[Page 279]]

                                                                                                                
Carbon adsorber h.......................  Total regeneration stream    1. Record of total regeneration stream   
                                           mass or volumetric flow      mass flow for each carbon bed           
                                           during carbon bed            regeneration cycle.                     
                                           regeneration cycle(s)       2. Record and report the total           
                                           [63.127(b)(3)], and.         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.                        
                                          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.                    
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 a   
                                           control device               diversion was detected at any time      
                                           [63.127(d)(1)] or.           during each 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.                      
                                          Monthly inspections of       1. Records that monthly inspections were 
                                           sealed valves                performed.                              
                                           [63.127(d)(2)].             2. Record and report all monthly         
                                                                        inspections that show the valves are    
                                                                        moved to the diverting position 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

[[Page 280]]

                                                                        
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
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

[[Page 281]]

                                                                        
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.    


     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 282]]


            Table 11.--Wastewater--Inspection and Monitoring Requirements for Waste Management Units            
----------------------------------------------------------------------------------------------------------------
                                                                       Frequency of                             
           To comply with              Inspection or monitoring        inspection or              Method        
                                             requirement                monitoring                              
----------------------------------------------------------------------------------------------------------------
Tanks:                                                                                                          
    63.133(b)(1)...................  Inspect fixed roof and all   Initially Semi-         Visual.               
                                      openings for leaks.          annually.                                    
    63.133(c)......................  Inspect floating roof in     See Sec.  63.120        Visual.               
                                      accordance with Secs.        (a)(2) and (a)(3).                           
                                      63.120 (a)(2) and (a)(3).                                                 
    63.133(d)......................  Measure floating roof seal   ......................  See Sec.  63.120      
                                      gaps in accordance with                              (b)(2)(i) through    
                                      Secs.  63.120 (b)(2)(i)                              (b)(4).              
                                      through (b)(4).                                                           
                                     --Primary seal gaps........  Once every 5 years                            
                                                                   Initially Annually.                          
                                     --Secondary seal gaps......  ......................                        
63.133(f) 63.133(g)................  Inspect wastewater tank for  Initially Semi-         Visual.               
                                      control equipment failures   annually.                                    
                                      and improper work                                                         
                                      practices.                                                                
Surface impoundments:                                                                                           
    63.134(b)(1)...................  Inspect cover and all        Initially Semi-         Visual.               
                                      openings for leaks.          annually.                                    
    63.134(c)......................  Inspect surface impoundment  Initially Semi-         Visual.               
                                      for control equipment        annually.                                    
                                      failures and improper work                                                
                                      practices.                                                                
Containers:                                                                                                     
    63.135(b)(1), 63.135(b)(2) (ii)  Inspect cover and all        Initially Semi-         Visual.               
                                      openings for leaks.          annually.                                    
    63.135(d)(1)...................  Inspect enclosure and all    Initially Semi-         Visual.               
                                      openings for leaks.          annually.                                    
    63.135(e)......................  Inspect container for        Initially Semi-         Visual.               
                                      control equipment failures   annually.                                    
                                      and improper work                                                         
                                      practices.                                                                
Individual Drain Systemsa:                                                                                      
    63.136(b)(1)...................  Inspect cover and all        Initially Semi-         Visual.               
                                      openings to ensure there     annually.                                    
                                      are no gaps, cracks, or                                                   
                                      holes.                                                                    
    63.136(c)......................  Inspect individual drain     Initially Semi-         Visual.               
                                      system for control           annually.                                    
                                      equipment failures and                                                    
                                      improper work practices.                                                  
    63.136(e)(1)...................  Verify that sufficient       Initially Semi-         Visual.               
                                      water is present to          annually.                                    
                                      properly maintain                                                         
                                      integrity of water seals.                                                 
    63.136(e)(2), 63.136(f)(1).....  Inspect all drains using     Initially Semi-         Visual.               
                                      tightly-fitted caps or       annually.                                    
                                      plugs to ensure caps and                                                  
                                      plugs are in place and                                                    
                                      properly installed.                                                       
    63.136(f)(2)...................  Inspect all junction boxes   Initially Semi-         Visual or smoke test  
                                      to ensure covers are in      annually.               or other means as    
                                      place and have no visible                            specified.           
                                      gaps, cracks, or holes.                                                   
    63.136(f)(3)...................  Inspect unburied portion of  Initially Semi-         Visual.               
                                      all sewer lines for cracks   annually.                                    
                                      and gaps.                                                                 
Oil-water separators:                                                                                           
    63.137(b)(1)...................  Inspect fixed roof and all   Initially Semi-         Visual.               
                                      openings for leaks.          annually.                                    
    63.137(c)......................  Measure floating roof seal   Initiallyb............  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......  Initiallyb Annually...                        
    63.137(d)......................  Inspect oil-water separator  Initially Semi-         Visual.               
                                      for control equipment        annually.                                    
                                      failures and improper work                                                
                                      practices.                                                                
----------------------------------------------------------------------------------------------------------------
a As specified in Sec.  63.136(a), the owner or operator shall comply with either the requirements of Sec.      
  63.136 (b) and (c) or Sec.  63.136 (e)  and (f).                                                              
b Within 60 days of installation as specified in Sec. 63.137(c).                                                


                           Table 12.--Monitoring Requirements for Treatment Processes                           
----------------------------------------------------------------------------------------------------------------
           To comply with             Parameters to be monitored         Frequency                Methods       
----------------------------------------------------------------------------------------------------------------
1. Required mass removal of Table 8  Appropriate parameters as    Appropriate frequency   Appropriate methods as
 and/or Table 9 compound(s) from      specified in Sec.            as specified in Sec.    specified in Sec.    
 wastewater treated in a properly     63.143(c) and approved by    63.143 and as           63.143 and as        
 operated biological treatment unit   permitting authority.        approved by             approved by          
 63.138(f), 63.138(g).                                             permitting authority.   permitting authority.
2. Design steam stripper 63.138(d).  Steam flow rate............  Continuously..........  Integrating steam flow
                                                                                           monitoring device    
                                                                                           equipped with a      
                                                                                           continuous recorder. 
                                     Wastewater feed mass flow    Continuously..........  Liquid flow meter     
                                      rate.                                                installed at stripper
                                                                                           influent and equipped
                                                                                           with a continuous    
                                                                                           recorder.            

[[Page 283]]

                                                                                                                
                                     Wastewater feed temperature  Continuously..........  Liquid temperature    
                                                                                           monitoring device    
                                                                                           installed at stripper
                                                                                           influent and equipped
                                                                                           with a continuous    
                                                                                           recorder.            
3. Alternative monitoring            Other parameters may be      ......................                        
 parameters.                          monitored upon approval                                                   
                                      from the Administrator in                                                 
                                      accordance with the                                                       
                                      requirements specified in                                                 
                                      Sec. 63.151(f).                                                           
----------------------------------------------------------------------------------------------------------------


[[Page 284]]


                       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 a diversion 
                                 continuous recorder                                        was detected at any 
                                 b or.                                                      time 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                                                                  
                                 fireboxa and                                                                   
                                 equipped with a                                                                
                                 continuous recorderb.                                                          
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 recordera.                                      whether the pilot   
                                                                                            flame was           
                                                                                            continuously present
                                                                                            during each hour.   
Boiler or process heater <44    Temperature            Combustion temperature............  Continuous.          
 megawatts and vent stream is    monitoring device                                                              
 not mixed with the primary      installed in                                                                   
 fuel.                           fireboxa and                                                                   
                                 equipped with                                                                  
                                 continuous recorderb.                                                          
Condenser.....................  Temperature            Condenser exit (product side)       Continuous.          
                                 monitoring device      temperature.                                            
                                 installed at                                                                   
                                 condenser exit and                                                             
                                 equipped with                                                                  
                                 continuous recorderb.                                                          
Carbon adsorber (regenerative)  Integrating            Total regeneration stream mass or   For each regeneration
                                 regeneration stream    volumetric flow during carbon bed   cycle, record the   
                                 flow monitoring        regeneration cycle(s).              total regeneration  
                                 device having an                                           stream mass or      
                                 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 device. c.                                      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 285]]

Tables 14a-14b  [Reserved]

       Table 15.--Wastewater--Information on Table 8 and/or Table 9 Compounds To Be Submitted With Notification of Compliance Status for Process Units at New and/or Existing Sources a,b       
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Concentration of                                                                                                                          
                                       Stream          table 8 and/or                                                                     Treatment        Waste management                     
  Process unit identification      identification          table 9         Flow rate (lpm)   Group 1 or Group 2      Compliance          process(es)            unit(s)        Intended control 
             code c                     code         compound(s) (ppmw)          e,f                  g              approach h        identification i     identification          device      
                                                             d,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 NCS are specified in Sec. 63.152(b) of this subpart.                                                                                                               
c Also include a description of the process unit (e.g., benzene process unit).                                                                                                                  
d Except when Sec. 63.132(e) is used, annual average concentration as specified in Sec. 63.132 (c) or (d) and Sec. 63.144.                                                                      
e When Sec. 63.132(e) is used, indicate the wastewater stream is a designated Group 1 wastewater stream.                                                                                        
f Except when Sec. 63.132(e) is used, annual average flow rate as specified in Sec. 63.132 (c) or (d) and in Sec. 63.144.                                                                       
g Indicate whether stream is Group 1 or Group 2. If Group 1, indicate whether it is Group 1 for Table 8 or Table 9 compounds or for both Table 8 and Table 9 compounds.                         
h Cite Sec. 63.138 compliance option used.                                                                                                                                                      

Table 16  [Reserved]

    Table 17.--Information for Treatment Processes To Be Submitted With Notification of Compliance Status a,b   
----------------------------------------------------------------------------------------------------------------
                                                                  Wastewater stream(s)                          
  Treatment process identification c        Description d              treated e         Monitoring parameters f
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
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 Table 15.                                           
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 Table 15.                                                              
f Parameter(s) to be monitored or measured in accordance with Table 12 in Sec.  63.143 of this Subpart.         


 Table 18.--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 managede
------------------------------------------------------------------------
                                                                        
                                                                        
                                                                        
------------------------------------------------------------------------
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 Table 15.   
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 Table 15.                             


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

[[Page 286]]

                                                                                                                                                        
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 287]]


  Table 20.--Wastewater--Periodic Reporting Requirements for Control Devices Used To Comply With  63.133-63.138 
----------------------------------------------------------------------------------------------------------------
               Control device                                       Reporting requirements                      
----------------------------------------------------------------------------------------------------------------
Thermal incinerator.........................  1. Report all daily average a temperatures that are outside the   
                                               range established in the NCSa or operating permit and all        
                                               operating days when insufficient monitoring data are collected.c 
Catalytic incinerator.......................  1. Report all daily averagea upstream temperatures that are       
                                               outside the range established in the NCSb or operating permit.   
                                              2. Report all daily average a temperature differences across the  
                                               catalyst bed that are outside the range established in the NCSb  
                                               or operating permit.                                             
                                              3. Report all operating days when insufficient monitoring data are
                                               collected.c                                                      
Boiler or process heater with a design heat   1. Report all daily averagea firebox temperatures that are outside
 input capacity less than 44 megawatts and     the range established in the NCS b or operating permit and all   
 vent stream is not mixed with the primary     operating days when insufficient monitoring data are collected.c 
 fuel.                                                                                                          
Flare.......................................  1. Report the duration of all periods when all pilot flames are   
                                               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 or volumetric 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 moved  
                                               to the diverting position 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(d) 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 288]]


 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 289]]


 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 290]]

                                                                        
    With rim-mounted secondary seal.....     0.2     2.6      NA      NA
------------------------------------------------------------------------
a NA=Not applicable.                                                    


[[Page 291]]


           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 292]]

                                                                                                                
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 293]]


 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 294]]

                                                                        
Carbon disulfide.......................      75150   1.00       0.92    
Carbon tetrachloride...................      56235   1.00       0.94    
Chlorobenzene..........................     108907   1.00       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   0.51       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   1.00       0.60    
Trichloroethylene......................      79016   1.00       0.87    
Trichlorophenol (2,4,5-)...............      95954   0.11       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.    


[[Page 295]]


  Table 35.--Control Requirements for Items of Equipment That Meet the  
                  Criteria of Sec.  63.149 of Subpart G                 
------------------------------------------------------------------------
         Item of equipment                  Control requirement a       
------------------------------------------------------------------------
Drain or drain hub................  (a) Tightly fitting solid cover     
                                     (TFSC); or                         
                                    (b) TFSC with a vent to either a    
                                     process, or to a fuel gas system,  
                                     or to a control device meeting the 
                                     requirements of Sec.  63.139(c); or
                                    (c) Water seal with submerged       
                                     discharge or barrier to protect    
                                     discharge from wind.               
Manhole b.........................  (a) TFSC; or                        
                                    (b) TSFC with a vent to either a    
                                     process, or to a fuel gas system,  
                                     or to a control device meeting the 
                                     requirements of Sec.  63.139(c); or
                                    (c) If the item is vented to the    
                                     atmosphere, use a TFSC with a      
                                     properly operating water seal at   
                                     the entrance or exit to the item to
                                     restrict ventilation in the        
                                     collection system. The vent pipe   
                                     shall be at least 90 cm in length  
                                     and not exceeding 10.2 cm in       
                                     nominal inside diameter.           
Lift station......................  (a) TFSC; or                        
                                    (b) TFSC with a vent to either a    
                                     process, or to a fuel gas system,  
                                     or to a control device meeting the 
                                     requirements of Sec.  63.139(c); or
                                    (c) If the lift station is vented to
                                     the atmosphere, use a TFSC with a  
                                     properly operating water seal at   
                                     the entrance or exit to the item to
                                     restrict ventilation in the        
                                     collection system. The vent pipe   
                                     shall be at least 90 cm in length  
                                     and not exceeding 10.2 cm in       
                                     nominal inside diameter. The lift  
                                     station shall be level controlled  
                                     to minimize changes in the liquid  
                                     level.                             
Trench............................  (a) TFSC; or                        
                                    (b) TFSC with a vent to either a    
                                     process, or to a fuel gas system,  
                                     or to a control device meeting the 
                                     requirements of Sec.  63.139(c); or
                                    (c) If the item is vented to the    
                                     atmosphere, use a TFSC with a      
                                     properly operating water seal at   
                                     the entrance or exit to the item to
                                     restrict ventilation in the        
                                     collection system. The vent pipe   
                                     shall be at least 90 cm in length  
                                     and not exceeding 10.2 cm in       
                                     nominal inside diameter.           
Pipe..............................  Each pipe shall have no visible gaps
                                     in joints, seals, or other emission
                                     interfaces.                        
Oil/Water separator...............  (a) Equip with a fixed roof and     
                                     route vapors to a process or to a  
                                     fuel gas system, or equip with a   
                                     closed vent system that routes     
                                     vapors to a control device meeting 
                                     the requirements of Sec.           
                                     63.139(c); or                      
                                    (b) Equip with a floating roof that 
                                     meets the equipment specifications 
                                     of Sec.  60.693 (a)(1)(i),         
                                     (a)(1)(ii), (a)(2), (a)(3), and    
                                     (a)(4).                            
Tank c............................  Maintain a fixed roof.d If the tank 
                                     is sparged e or used for heating or
                                     treating by means of an exothermic 
                                     reaction, a fixed roof and a system
                                     shall be maintained that routes the
                                     organic hazardous air pollutants   
                                     vapors to other process equipment  
                                     or a fuel gas system, or a closed  
                                     vent system that routes vapors to a
                                     control device that meets the      
                                     requirements of 40 CFR Sec.  63.119
                                     (e)(1) or (e)(2).                  
------------------------------------------------------------------------
a Where a tightly fitting solid cover is required, it shall be          
  maintained with no visible gaps or openings, except during periods of 
  sampling, inspection, or maintenance.                                 
b Manhole includes sumps and other points of access to a conveyance     
  system.                                                               
c Applies to tanks with capacities of 38 m\3\ or greater.               
d A fixed roof may have openings necessary for proper venting of the    
  tank, such as pressure/vacuum vent, j-pipe vent.                      
e The liquid in the tank is agitated by injecting compressed air or gas.


    Table 36.--Compound Lists Used for Compliance Demonstrations for    
      Enhanced Biological Treatment Processes (See Sec.  63.145(b))     
------------------------------------------------------------------------
           List 1                    List 2                List 3       
------------------------------------------------------------------------
Acetonitrile................  Acetaldehyde........  Allyl Chloride.     
Acetophenone................  Acrolein............  Bromomethane.       
Acrylonitrile...............  Benzene.............  Butadiene 1,3.      
Biphenyl....................  Benzyl Chloride.....  Carbon Disulfide.   
Chlorobenzene...............  Bromoform...........  Carbon              
                                                     Tetrachloride.     
Dichloroethyl Ether.........  Cumene                Chloroethane (ethyl 
                               (isopropylbenzene).   chloride).         
Diethyl Sulfate.............  Dichlorobenzene 1,4.  Chloroform.         
Dimethyl Sulfate............  Dichloroethane 1,2..  Chloroprene.        
Dimethyl Hydrazine 1,1......  Dichloroethane 1,1    Dibromoethane 1,2.  
                               (ethylidenedichlori                      
                               de).                                     
Dinitrophenol 2,4...........  Dichloropropane 1,2.  Dichloroethene 1,1  
                                                     (vinylidene        
                                                     chloride).         
Dinitrotoluene 2,4..........  Dimethylaniline N,N.  Dichloropropene 1,3.
Dioxane 1,4.................  Epichlorohydrin.....  Hexane-n.           
Ethylene Glycol Monobutyl     Ethyl Acrylate......  Methyl Chloride.    
 Ether Acetate.                                                         
Ethylene Glycol Monomethyl    Ethylbenzene........  Methylene Chloride  
 Ether Acetate.                                      (dichloromethane). 
Ethylene Glycol Dimethyl      Ethylene Dibromide..  Phosgene.           
 Ether.                                                                 
Hexachlorobenzene...........  Ethylene Oxide......  Propylene Oxide.    
Isophorone..................  Hexachlorobutadiene.  Trichloroethane     
                                                     1,12.              
Methanol....................  Hexachloroethane....  Trichloroethylene.  
Methyl Methacrylate.........  Methyl Ethyl Ketone,  Trimethylpentane    
                               (2 butanone).         2,2,4.             
Nitrobenzene................  Methyl Isobutyl       Vinyl Chloride.     
                               Ketone.                                  
Toluidine...................  Methyl Tertiary       ....................
                               Butyl Ether.                             
Trichlorobenzene 1,2,4......  Naphathalene........  ....................
Trichlorophenol 2,4,6.......  Nitropropane 2......  ....................
Triethylamine...............  Propionaldehyde.....  ....................

[[Page 296]]

                                                                        
                              Styrene.............                      
                              Tetrachloroethane                         
                               1,1,2,2.                                 
                              Toluene.............                      
                              Trichloroethane                           
                               1,1,1 (methyl                            
                               chloroform).                             
                              Vinyl Acetate.......  ....................
                              Xylene-m............  ....................
                              Xylene-o............  ....................
                              Xylene-p............  ....................
------------------------------------------------------------------------


            Table 37.--Default Biorates for List 1 Compounds            
------------------------------------------------------------------------
                                                        Biorate, K1  L/g
                     Compound name                          MLVSS-hr    
------------------------------------------------------------------------
Acetonitrile..........................................             0.100
Acetophenone..........................................             0.538
Acrylonitrile.........................................             0.750
Biphenyl..............................................             5.643
Chlorobenzene.........................................            10.000
Dichloroethyl ether...................................             0.246
Diethyl sulfate.......................................             0.105
Dimethyl hydrazine(1,1)...............................             0.227
DIMethyl sulfate......................................             0.178
Dinitrophenol 2,4.....................................             0.620
Dinitrotoluene(2,4)...................................             0.784
Dioxane(1,4)..........................................             0.393
Ethylene glycol dimethyl ether........................             0.364
Ethylene glycol monomethyl ether acetate..............             0.159
Ethylene glycol monobutyl ether acetate...............             0.496
Hexachlorobenzene.....................................            16.179
ISophorone............................................             0.598
Methanol..............................................             0.200
Methyl methacrylate...................................             4.300
Nitrobenzene..........................................             2.300
Toluidine (-0)........................................             0.859
Trichlorobenzene 1,2,4................................             4.393
Trichlorophenol 2,4,5.................................             4.477
Triethylamine.........................................             1.064
------------------------------------------------------------------------

      Figure 1.--Definitions of Terms Used in Wastewater Equations

                               Main Terms

AMR=Actual mass removal of Table 8 and/or Table 9 compounds achieved by 
    treatment process or a series of treatment processes, kg/hr.
C=Concentration of Table 8 and/or Table 9 compounds in wastewater, ppmw.
CG=Concentration of TOC (minus methane and ethane) or total organic 
    hazardous air pollutants, in vented gas stream, dry basis, ppmv.
CGc=Concentration of TOC or organic hazardous air pollutants 
    corrected to 3-percent oxygen, in vented gas stream, dry basis, 
    ppmv.
CGS=Concentration of sample compounds in vented gas stream, dry basis, 
    ppmv.
E=Removal or destruction efficiency, percent.
Fbio=Site-specific fraction of Table 8 and/or Table 9 
    compounds biodegraded, unitless.
fbio=Site-specific fraction of an individual Table 8 or Table 
    9 compound biodegraded, unitless.
Fm=Compound-specific fraction measured factor, unitless (listed in table 
    34).
Fr=Fraction removal value for Table 8 and/or Table 9 compounds, unitless 
    (listed in Table 9).
Fravg=Flow-weighted average of the Fr values.
i=Identifier for a compound.
j=Identifier for a sample.

[[Page 297]]

k=Identifier for a run.
K2=Constant, 41.57 * 10-9, (ppm)-1 
    (gram-mole per standard m3) (kg/g), where standard 
    temperature (gram-mole per standard m3) is 20  deg.C.
m=Number of samples.
M=Mass, kg.
MW=Molecular weight, kg/kg-mole.
n=Number of compounds.
p=Number of runs.
%O2d=Concentration of oxygen, dry basis, percent by volume.
Q=Volumetric flowrate of wastewater, m3/hr.
QG=Volumetric flow rate of vented gas stream, dry standard, 
    m3/min.
QMG=Mass flowrate of TOC (minus methane and ethane) or organic hazardous 
    air pollutants, in vented gas stream, kg/hr.
QMW=Mass flowrate of Table 8 and/or Table 9 compounds in wastewater, kg/
    hr.
=Density, kg/m3.
RMR=Required mass removal achieved by treatment process or a series of 
    treatment processes, kg/hr.
tT=Total time of all runs, hr.

                               Subscripts

a=Entering.
b=Exiting.
i=Identifier for a compound.
j=Identifier for a sample.
k=Identifier for a run.
m=Number of samples.
n=Number of compounds.
p=Number of runs.
T=Total; sum of individual.

[59 FR 19468, Apr. 22, 1994, as amended at 59 FR 29201, June 6, 1994; 61 
FR 63629-63630, Dec. 12, 1995; 62 FR 2779, Jan. 17, 1997]



    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.

[[Page 298]]

    (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.
    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.
    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 emissions.
    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, recapturing, 
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.

[[Page 299]]

    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, 
followed by monitoring as specified in Sec. 63.180(b) and (c), as 
appropriate, to verify whether the leak is repaired, unless the owner or 
operator determines by other means that the leak is not repaired.
    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.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous stream(s) generated by onsite operations, 
may blend them with other sources of gas, and transports the gaseous 
stream for use as fuel gas in combustion devices or in in-process 
combustion equipment such as furnaces and gas turbines, either singly or 
in combination.
    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.
    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.

[[Page 300]]

    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.
    On-site or On site means, with respect to records required to be 
maintained by this subpart, that the records are stored at a location 
within a major source which encompasses the affected source. On-site 
includes, but is not limited to, storage at the chemical manufacturing 
process unit to which the records pertain, or storage in central files 
elsewhere at the major source.
    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), 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

[[Page 301]]

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.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. Recapture devices include, but are not limited to, 
absorbers, carbon absorbers, and condensers.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse, or for sale for fuel 
value, use or reuse. Recovery devices include, but are not limited to, 
absorbers, carbon absorbers, and condensers. For purposes of the 
monitoring, recordkeeping, and reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    Repaired means that equipment:
    (1) Is adjusted, or otherwise altered, to eliminate a leak as 
defined in the applicable sections of this subpart, and
    (2) Unless otherwise specified in applicable provisions of this 
subpart, is monitored as specified in Sec. 63.180 (b) and (c), as 
appropriate, to verify that emissions from the equipment are below the 
applicable leak definition.
    Routed to a process or route to a process means the emissions are 
conveyed by hard-piping or a closed vent system to any enclosed portion 
of a process unit where the emissions are predominately recycled and/or 
consumed in the same manner as a material that fulfills the same 
function in the process; and/or transformed by chemical reaction into 
materials that are not organic hazardous air pollutants; and/or 
incorporated into a product; and/or recovered.
    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; 62 FR 
2788, Jan. 17, 1997]



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, and Secs. 63.172 through 63.174 of this 
subpart as provided in Sec. 63.177.

[[Page 302]]

    (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 may be removed after it has been 
monitored as specified in Secs. 63.168(f)(3), and 63.175(e)(7)(i)(D) of 
this subpart, and no leak has been detected during the follow-up 
monitoring. If the owner or operator elects to comply using the 
provisions of Sec. 63.174(c)(1)(i) of this subpart, the identification 
on a connector may be removed after it is monitored as specified in 
Sec. 63.174(c)(1)(i) and no leak is detected during that monitoring.
    (3) The identification which has been placed on equipment determined 
to have a leak, except for a valve or for a connector that is subject to 
the provisions of Sec. 63.174(c)(1)(i), may be removed after it is 
repaired.
    (g) Except as provided in paragraph (g)(1) of this section, all 
terms in this subpart that define a period of time for completion of 
required tasks (e.g., weekly, monthly, quarterly, annual), refer to the 
standard calendar periods unless specified otherwise in the section or 
subsection that imposes the requirement.
    (1) If the initial compliance date does not coincide with the 
beginning of the standard calendar period, an owner or operator may 
elect to utilize a period beginning on the compliance date, or may elect 
to comply in accordance with the provisions of paragraphs (g)(2) or 
(g)(3) of this section.
    (2) Time periods specified in this subpart for completion of 
required tasks may be changed by mutual agreement between the owner or 
operator and the Administrator, as specified in subpart A of this part. 
For each time period that is changed by agreement, the revised period 
shall remain in effect until it is changed. A new request is not 
necessary for each recurring period.
    (3) Except as provided in paragraph (g)(1) or (g)(2) of this 
section, where the period specified for compliance is a standard 
calendar period, if the initial compliance date does not coincide with 
the beginning of the calendar period, compliance shall be required 
according to the schedule specified in paragraphs (g)(3)(i) or 
(g)(3)(ii) of this section, as appropriate.
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at least 
2 weeks for tasks that must be performed monthly, at least 1 month for 
tasks that must be performed each quarter, or at least 3 months for 
tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the end 
of the first full standard calendar period after the period within which 
the initial compliance deadline occurs.
    (4) In all instances where a provision of this subpart requires 
completion of a task during each of multiple successive periods, an 
owner or operator may perform the required task at any time during each 
period, provided the task is conducted at a reasonable interval

[[Page 303]]

after completion of the task during the previous period.
    (h) In all cases where the provisions of this subpart require an 
owner or operator to repair leaks by a specified time after the leak is 
detected, it is a violation of this subpart to fail to take action to 
repair the leaks within the specified time. If action is taken to repair 
the leaks within the specified time, failure of that action to 
successfully repair the leak is not a violation of this subpart. 
However, if the repairs are unsuccessful, a leak is detected and the 
owner or operator shall take further action as required by applicable 
provisions of this subpart.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
62 FR 2789, Jan. 17, 1997]



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.
    (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

[[Page 304]]

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 
routed to a process or fuel gas system or 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 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 to a process or to a 
fuel gas system or to a control device that complies with the 
requirements of Sec. 63.172

[[Page 305]]

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; 62 FR 2789, Jan. 17, 1997]



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 degassing reservoir that is 
routed to a process or fuel gas system or 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.
    (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 
to capture and transport leakage from the compressor drive shaft seal 
back to a process or a fuel gas system 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

[[Page 306]]

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; 
62 FR 2790, Jan. 17, 1997]



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 routed to a process or fuel 
gas system or 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; 
62 FR 2790, Jan. 17, 1997]



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
    (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.

[[Page 307]]

    (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 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.

[[Page 308]]

    (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 as determined through periodic 
monitoring required in paragraphs (b) through (d) of this section.
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 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 has been repaired, the valve shall be monitored at 
least once within the first 3 months after its repair.
    (i) The monitoring shall be conducted as specified in Sec. 63.180 
(b) and (c), as appropriate, to determine whether the valve has resumed 
leaking.
    (ii) Periodic monitoring required by paragraphs (b) through (d) of 
this section may be used to satisfy the requirements of this paragraph 
(f)(3), if the

[[Page 309]]

timing of the monitoring period coincides with the time specified in 
this paragraph (f)(3). Alternatively, other monitoring may be performed 
to satisfy the requirements of this paragraph (f)(3), regardless of 
whether the timing of the monitoring period for periodic monitoring 
coincides with the time specified in this paragraph (f)(3).
    (iii) If a leak is detected by monitoring that is conducted pursuant 
to paragraph (f)(3) of this section, the owner or operator shall follow 
the provisions of paragraphs (f)(3)(iii)(A) and (f)(3)(iii)(B) of this 
section, to determine whether that valve must be counted as a leaking 
valve for purposes of Sec. 63.168(e) of this subpart.
    (A) If the owner or operator elected to use periodic monitoring 
required by paragraphs (b) through (d) of this section to satisfy the 
requirements of paragraph (f)(3) of this section, then the valve shall 
be counted as a leaking valve.
    (B) If the owner or operator elected to use other monitoring, prior 
to the periodic monitoring required by paragraphs (b) through (d) of 
this section, to satisfy the requirements of paragraph (f)(3) of this 
section, then the valve shall be counted as a leaking valve unless it is 
repaired and shown by periodic monitoring not to be leaking.
    (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; 62 FR 2790, Jan. 17, 1997]



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

[[Page 310]]

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 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), repaired 
shall mean that the visual, audible, olfactory, or other indications of 
a leak to the atmosphere 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; 62 FR 2790, Jan. 17, 1997]



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

[[Page 311]]

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.
    (b) Recovery or recapture devices (e.g., condensers and absorbers) 
shall be designed and operated to recover the organic hazardous air 
pollutant emissions or volatile organic compounds emissions vented to 
them with an efficiency of 95 percent or greater, or to an exit 
concentration of 20 parts par million by volume, whichever is less 
stringent. The 20 parts per million by volume performance standard is 
not applicable to the provisions of Sec. 63.179.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the organic hazardous air pollutant emissions or volatile organic 
compounds emissions vented to them with an efficiency of 95 percent or 
greater, 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, 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, except as provided in paragraph (i) of this 
section.
    (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

[[Page 312]]

this part. The flow indicator shall be installed at the entrance to any 
bypass line; or
    (2) Secure the bypass line valve in the non-diverting 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 non-diverting 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 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.
    (n) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, the owner or operator of any control device subject to 
this subpart that is also subject to monitoring, recordkeeping, and 
reporting requirements in 40 CFR part 264, subpart BB, or is subject to 
monitoring and recordkeeping requirements in 40 CFR part 265, subpart 
BB, may elect to comply either with the monitoring, recordkeeping, and 
reporting requirements of this subpart, or with the monitoring, 
recordkeeping, and reporting requirements in 40 CFR parts 264 and/or 
265, as described in this paragraph, which shall constitute compliance 
with the monitoring, recordkeeping and reporting requirements of this 
subpart. The owner or operator shall identify which option has been 
chosen, in the next periodic report required by Sec. 63.182(d).

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 
61 FR 31440, June 20, 1996; 62 FR 2790, Jan. 17, 1997]



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

[[Page 313]]

than the agitator stuffing box pressure; or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or 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 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 to a 
process or fuel gas system 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 the 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 practical 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:

[[Page 314]]

    (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; 
62 FR 2791, Jan. 17, 1997]



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 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

[[Page 315]]

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 when it is reconnected or 
within the first 3 months after being returned to organic hazardous air 
pollutants service. If the 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 connector 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 not to monitor connectors 
that have been opened or otherwise had the seal broken. In this case, 
the owner or operator may not count nonrepairable connectors for the 
purposes of paragraph (i)(2) of this section. The owner or operator 
shall calculate the 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.
    (2) As an alternative to the requirements of paragraph (b)(3) of 
this section, each screwed connector 2 inches or less in nominal inside 
diameter installed in a process unit before the dates specified in 
paragraph (c)(2)(iii) or (c)(2)(iv) of this section 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 hazardous air pollutants service after having been 
opened or otherwise had the seal broken. If that monitoring detects a 
leak, it shall be repaired according to the provisions of paragraph (d) 
of this section.
    (iii) For sources subject to subparts F and I of this part, the 
provisions of paragraph (c)(2) of this section apply to screwed 
connectors installed before December 31, 1992.
    (iv) For sources not identified in paragraph (c)(2)(iii) of this 
section, the provisions of paragraph (c)(2) of this section apply to 
screwed connectors installed before the date of proposal of the 
applicable subpart of this part that references this subpart.
    (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) [Reserved]
    (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:

[[Page 316]]

    (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 ceramic or ceramic-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 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 as determined through 
periodic monitoring required in paragraphs (a) and (b) of this section.
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 
hazardous air pollutants 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 as determined through 
periodic monitoring required in paragraphs (a) and (b) of this section.
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 
hazardous air pollutants service removed from

[[Page 317]]

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; 62 FR 2791, Jan. 17, 1997]



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 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

[[Page 318]]

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 (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,

[[Page 319]]

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.
    (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

[[Page 320]]

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 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

[[Page 321]]

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. 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

[[Page 322]]

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 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

[[Page 323]]

    (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.
    (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

[[Page 324]]

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 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.

[[Page 325]]

    (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.
    (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

[[Page 326]]

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.
    (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

[[Page 327]]

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 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) Mixtures of methane in air at the concentrations specified in 
paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(C) of this section. A 
calibration gas other than methane in air may be used if the instrument 
does not respond to methane or if the instrument does not meet the 
performance criteria specified in paragraph (b)(2)(i) of this section. 
In such cases, the calibration gas may be a mixture of one or more of 
the compounds to be measured in air.
    (A) For Phase I, a mixture of methane or other compounds, as 
applicable, in air at a concentration of approximately, but less than, 
10,000 parts per million.
    (B) For Phase II, a mixture of methane or other compounds, as 
applicable, and air at a concentration of approximately, but less than, 
10,000 parts per million for agitators, 5,000 parts per

[[Page 328]]

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 or other compounds, as 
applicable, 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) or when equipment subject to a 
leak definition of 500 ppm is monitored for leaks as required by this 
subpart, the owner or operator may elect to adjust or not to adjust the 
instrument readings for background. If an owner or operator elects to 
not adjust instrument readings for background, the owner or operator 
shall monitor the equipment according to the procedures specified in 
paragraphs (b)(1) through (b)(4) of this section. In such case, all 
instrument readings shall be compared directly to the applicable leak 
definition to determine whether there is a leak. If an owner or operator 
elects to adjust instrument readings for background, the owner or 
operator shall monitor the equipment according to the procedures 
specified in paragraphs (c)(1) through (c)(4) of this section.
    (1) The requirements of paragraphs (b) (1) through (4) of this 
section shall apply.
    (2) The background level shall be determined, using the same 
procedures that will be used to determine whether the equipment is 
leaking.
    (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.

[[Page 329]]

    (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 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.

[[Page 330]]

    (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; 62 FR 2792, Jan. 17, 1997]



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 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

[[Page 331]]

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.
    (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

[[Page 332]]

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 that have been opened or otherwise had the seal 
broken 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, unless 
the owner or operator elects to comply with the provisions of 
Sec. 63.174(c)(1)(ii) of this subpart.
    (ii) The date and results of monitoring as required in 
Sec. 63.174(c) of this subpart. If identification of connectors that 
have been opened or otherwise had the seal broken is made by location 
under paragraph (d)(7)(i) of this section, 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.
    (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

[[Page 333]]

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, 
as specified in paragraphs (g)(2)(i) through (g)(2)(iii) of this 
section.
    (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, as specified in paragraphs (g)(2)(i) through 
(g)(2)(iii) of this section.
    (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 
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.

[[Page 334]]

    (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) The owner or operator of equipment in heavy liquid service shall 
comply with the requirements of either paragraph (i)(1) or (i)(2) of 
this section, as provided in paragraph (i)(3) of this section.
    (1) Retain information, data, and analyses used to determine that a 
piece of equipment is in heavy liquid service.
    (2) When requested by the Administrator, demonstrate that the piece 
of equipment or process is in heavy liquid service.
    (3) A determination or demonstration that a piece of equipment or 
process is in heavy liquid service shall include an analysis or 
demonstration that the process fluids do not meet the definition of ``in 
light liquid 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; 62 FR 2792, Jan. 
17, 1997]



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.

[[Page 335]]

    (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 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

[[Page 336]]

each process unit subject to the requirements in Sec. 63.179 of this 
subpart.
    (i) Process unit identification.
    (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.
    (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.
    (xvii) If applicable, the compliance option that has been selected 
under Sec. 63.172(n).
    (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;

[[Page 337]]

    (iii) The number of pressure tests where the equipment train failed 
the pressure test;
    (iv) The facts that explain any delay of repairs; and
    (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; 60 FR 63631, Dec. 12, 1995; 62 FR 2792, Jan. 
17, 1997]

                                      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,

[[Page 338]]

tetrachloroethylene, chloroform, and ethylene dichloride emissions 
only).
    (i) Hypalon,
    (ii) Oxybisphenoxarsine/1,3-diisocyanate (OBPA),
    (iii) Polycarbonates,
    (iv) Polysulfide rubber,
    (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

[[Page 339]]

more during the calendar year. If specific items of equipment, 
comprising part of a process unit subject to this subpart, are managed 
by different administrative organizations (e.g., different companies, 
affiliates, departments, divisions, etc.) those items of equipment may 
be aggregated with any process unit within the source for all purposes 
under subpart H of this part, providing there is no delay in the 
applicable compliance date in paragraph (e) of this section.
    (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 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(m) 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

[[Page 340]]

shall also comply with the requirements of Sec. 63.192(m) 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 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

[[Page 341]]

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 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; 62 FR 2792, Jan. 17, 1997]



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

[[Page 342]]

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.
    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.
    On-site or On site means, with respect to records required to be 
maintained by this subpart, that the records are stored at a location 
within a major source which encompasses the affected

[[Page 343]]

source. On-site includes, but is not limited to, storage at the process 
unit to which the records pertain, or storage in central files elsewhere 
at the major source.
    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 
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; 62 FR 
2792, Jan. 17, 1997]



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.

[[Page 344]]

    (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 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. If an owner or

[[Page 345]]

operator submits copies of reports to the applicable EPA Regional 
Office, the owner or operator is not required to maintain copies of 
reports. If the EPA Regional Office has waived the requirement of 
Sec. 63.10(a)(4)(ii) for submittal of copies of reports, the owner or 
operator is not required to maintain copies of reports.
    (1) All applicable records shall be maintained in such a manner that 
they can be readily accessed. The most recent 6 months of records shall 
be retained on site or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request.
    (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. These records may take the form of a 
``checklist,'' or other form of recordkeeping that confirms conformance 
with the startup, shutdown, and malfunction plan for the event.
    (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). 
Submittals shall be sent 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 owner or operator of a process unit which meets the criteria 
of Sec. 63.190 (c), shall comply with the requirements of either 
paragraph (k)(1) or (k)(2) of this section.
    (1) Retain information, data, and analysis used to determine that 
the process unit does not have the designated organic hazardous air 
pollutant present in the process. Examples of information that could 
document this include, but are not limited to, records of chemicals 
purchased for the process,

[[Page 346]]

analyses of process stream composition, engineering calculations, or 
process knowledge.
    (2) When requested by the Administrator, demonstrate that the 
chemical manufacturing process unit does not have the designated organic 
hazardous air pollutant present in the process.
    (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; 62 FR 
2793, Jan. 17, 1997]



Sec. 63.193  Delegation of authority.

    In delegating implementation and enforcement authority to a State 
under section 112(l) of the Clean Air Act, the authority for Sec. 63.177 
of subpart H of this part shall be retained by the Administrator and not 
transferred to a State.

[62 FR 2793, Jan. 17, 1997]



                         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)

[[Page 347]]

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 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

[[Page 348]]

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 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,

[[Page 349]]

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 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

[[Page 350]]

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 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

[[Page 351]]

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;
    (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

[[Page 352]]

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.
    (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

[[Page 353]]

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 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:

[[Page 354]]

    (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 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

[[Page 355]]

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.
    (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

[[Page 356]]

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 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

[[Page 357]]

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 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

[[Page 358]]

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;
    (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:

[[Page 359]]

    (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 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

[[Page 360]]

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:
    (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

[[Page 361]]

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 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

[[Page 362]]

(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 
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

[[Page 363]]

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 
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

[[Page 364]]

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 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

[[Page 365]]

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
    (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

[[Page 366]]

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 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

[[Page 367]]

    (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 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

[[Page 368]]

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                    
                                                  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.

[[Page 369]]

    (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, and each new transfer machine 
system and its ancillary equipment that commenced construction or 
reconstruction on or after December 9, 1991 and before September 22, 
1993, 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 and each new transfer machine system and its ancillary 
equipment installed between December 9, 1991 and September 22, 1993, 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 Sec. 63.322, 
Sec. 63.323, and Sec. 63.324, except paragraphs 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, and each new transfer machine system and its ancillary 
equipment installed between December 9, 1991 and September 22, 1993, 
located in a dry cleaning facility that includes only transfer machine 
system(s) is exempt from Sec. 63.322, Sec. 63.323, and Sec. 63.324, 
except paragraphs 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 later exceeds those amounts, the existing dry cleaning system(s) and 
new transfer machine system(s) and its (their) ancillary equipment 
installed between December 9, 1991 and September 22, 1993 in the dry 
cleaning facility must comply with Sec. 63.322, Sec. 63.323, and 
Sec. 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

[[Page 370]]

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; 61 FR 49265, Sept. 19, 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.
    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

[[Page 371]]

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 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.

[[Page 372]]

    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 and 
of each new transfer machine system and its ancillary equipment 
installed between December 9, 1991 and September 22, 1993 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-to-dry machine and its 
ancillary equipment and of each new transfer machine system and its 
ancillary equipment installed after September 22, 1993:
    (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 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

[[Page 373]]

    (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.

[58 FR 49376, Sept. 22, 1993, as amended at 61 FR 49265, Sept. 19, 1996]



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 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,

[[Page 374]]

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.



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

[[Page 375]]

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 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

[[Page 376]]

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.
    (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

[[Page 377]]

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.
    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.

[[Page 378]]

    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 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.

[[Page 379]]

    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 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

[[Page 380]]

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 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

[[Page 381]]

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 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;

[[Page 382]]

    (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 383]]



                          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 384]]



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).
    (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

[[Page 385]]

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
    (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

[[Page 386]]

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 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

[[Page 387]]

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 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

[[Page 388]]

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 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;

[[Page 389]]

    (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:
    (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

[[Page 390]]

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 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

[[Page 391]]

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.
    (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/

[[Page 392]]

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 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

[[Page 393]]

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.
    (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

[[Page 394]]

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 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;

[[Page 395]]

    (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;
    (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

[[Page 396]]

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.
    (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

[[Page 397]]

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), except, the date on which 
sources in California shall monitor the surface tension of the anodizing 
bath is extended from January 25, 1997, to July 24, 1997.
    (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

[[Page 398]]

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 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

[[Page 399]]

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.
    (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

[[Page 400]]

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 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; 62 
FR 4465, Jan. 30, 1997]

                 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.  

[[Page 401]]

                                                                                                                
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                                                             
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                                                             

[[Page 402]]

                                                                                                                
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                                                             
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.  

[[Page 403]]

                                                                                                                
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.                        
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                                                             
----------------------------------------------------------------------------------------------------------------



[[Page 404]]

[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 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...................  .........................

[[Page 405]]

                                                                                                                
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.............                                                  
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..                                                     

[[Page 406]]

                                                                                                                
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                                                                                                         
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...................                           

[[Page 407]]

                                                                                                                
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                                     ...................                                                  
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]

[[Page 408]]



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 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.

[[Page 409]]

    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 410]]



                             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 411]]

    (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 412]]

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 413]]

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 414]]



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 415]]

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 416]]


    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 417]]

    (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 418]]

[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 419]]

    (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 420]]

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 421]]

    (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 422]]

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 423]]

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 424]]

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 425]]

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 426]]

    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 427]]

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 428]]

                                                                                                                
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]+0.04(OE)

where:

ET = emissions screening factor for bulk gasoline terminals;
CF=0.161 for bulk gasoline terminals and pipeline breakout stations that 
do not handle any reformulated or oxygenated gasoline containing 7.6 
percent by volume or greater methyl tert-butyl ether (MTBE), OR
CF=1.0 for bulk gasoline terminals and pipeline breakout stations that 
handle reformulated or oxygenated gasoline containing 7.6 percent by 
volume or greater MTBE;
CE=control efficiency limitation on potential to emit for 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=gasoline throughput limitation on potential to emit 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

[[Page 429]]

systems installed on the emission stream);
EF=emission rate limitation on potential to emit for the gasoline cargo 
tank loading rack vapor processor outlet emissions (mg of total organic 
compounds per liter of gasoline loaded);
OE=other HAP emissions screening factor for bulk gasoline terminals or 
pipeline breakout stations (tons per year). OE equals the total HAP from 
other emission sources not specified in parameters in the equations for 
ET or EP. If the value of 0.04(OE) is greater than 
5 percent of either ET or EP, then paragraphs 
(a)(1) and (b)(1) of this section shall not be used to determine 
applicability;
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)) 
+ 0.04(OE);
where:
EP=emissions screening factor for pipeline breakout stations,

and the definitions for CF, TF, CE, TE, 
TES, TI, C, and OE 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

[[Page 430]]

paragraphs in this section including, but not limited to, the parameters 
and assumptions used in the applicable equation in paragraph (a)(1) or 
(b)(1) of 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 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; 62 FR 9092, Feb. 28, 1997]



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.
    Bulk gasoline terminal means any gasoline facility which receives 
gasoline by pipeline, ship or barge, and has a gasoline throughput 
greater than 75,700 liters per day. Gasoline throughput shall be the 
maximum calculated design throughput as may be limited by compliance 
with an enforceable condition under Federal, State or local law and 
discoverable by the Administrator and any other person.
    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.
    Limitation(s) on potential to emit means limitation(s) limiting a 
source's potential to emit as defined in Sec. 63.2 of subpart A of this 
part.
    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.

[[Page 431]]

    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.

[59 FR 64318, Dec. 14, 1994, as amended at 62 FR 9093, Feb. 28, 1997]



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 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

[[Page 432]]

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 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

[[Page 433]]

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.

      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.

[[Page 434]]

    (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.

    (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.

[[Page 435]]



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 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:

[[Page 436]]

    (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.
    (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

[[Page 437]]

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, 
as applicable:
    (1) Each loading of a gasoline cargo tank for which vapor tightness 
documentation had not been previously obtained by the facility;
    (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 submit 
an excess emissions report to the Administrator in accordance with 
Sec. 63.10(e)(3), whether or not a CMS is installed at the facility. The 
following occurrences are excess emissions events under this subpart, 
and the following information shall be included in the excess emissions 
report, as applicable:
    (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

[[Page 438]]

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; 62 
FR 9093, Feb. 28, 1997]



Sec. 63.429  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State 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                      ...................................

[[Page 439]]

                                                                                                                
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                      ...................................
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                      ...................................

[[Page 440]]

                                                                                                                
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                  
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

[[Page 441]]

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.
    (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.

[[Page 442]]

    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.
    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.

[[Page 443]]

    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 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

[[Page 444]]

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.
    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

[[Page 445]]

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, 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/

[[Page 446]]

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.

 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.                              

[[Page 447]]

                                                                        
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 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

[[Page 448]]

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 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

[[Page 449]]

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), (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

[[Page 450]]

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).

  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).


[[Page 451]]


    (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 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:

[[Page 452]]

[GRAPHIC] [TIFF OMITTED] TR02DE94.002


      
    [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.

[[Page 453]]



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 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.

[[Page 454]]

    (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 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.

[[Page 455]]

    (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 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)

[[Page 456]]

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.
    (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.

[[Page 457]]

    (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 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

[[Page 458]]

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.
    (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

[[Page 459]]

    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
    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............                                             

[[Page 460]]

                                                                                                                
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............                                             
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............                                             

[[Page 461]]

                                                                                                                
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.  
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.                                

[[Page 462]]

                                                                                                                
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............                                             
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]



   Subpart U--National Emission Standards for Hazardous Air Pollutant 
                 Emissions: Group I Polymers and Resins

    Source: 62 FR 46925, Sept. 5, 1996, unless otherwise noted.



Sec. 63.480   Applicability and designation of affected sources.

    (a) Definition of affected source. The provisions of this subpart 
apply to each affected source. An affected source is either an existing 
affected source or a new affected source. Existing affected source is 
defined in paragraph (a)(1) of this section, and new affected source is 
defined in paragraph (a)(2) of this section. The affected source also 
includes all wastewater streams and wastewater operations associated 
with the elastomer product process unit(s) (EPPUs) included in the 
affected source.
    (1) Except as specified in paragraphs (b) through (d) of this 
section, an existing affected source is defined as each group of one or 
more EPPUs that is not part of a new affected source, as defined in 
paragraph (a)(2) of this section, and that is manufacturing the same 
primary product and located at a plant site that is a major source.
    (2) Except as specified in paragraphs (b) through (d) of this 
section, a new affected source is defined as a source meeting the 
criteria of paragraph (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this 
section.
    (i) At a plant site previously without HAP emission points, each 
group of one or more EPPUs manufacturing the same primary product that 
is part of a major source on which construction commenced after June 12, 
1995,
    (ii) An EPPU meeting the criteria in paragraph (i)(1)(i) of this 
section, or
    (iii) A reconstructed affected source meeting the criteria in 
paragraph (i)(2)(i) of this section.
    (b) EPPUs exempted from the affected source. EPPUs that do not use 
any organic HAP may be excluded from the affected source, provided that 
the owner or operator complies with the requirements of paragraphs 
(b)(1) and (b)(2) of this section, if requested to do so by the 
Administrator.
    (1) Retain information, data, and analyses used to document the 
basis for the determination that the EPPU does not use any organic HAP. 
Types of information that could document this determination include, but 
are not limited to, records of chemicals purchased for the process, 
analyses of process stream composition, or engineering calculations.
    (2) When requested by the Administrator, demonstrate that the EPPU 
does not use any organic HAP.
    (c) Emission points exempted from the affected source. The affected 
source does not include the emission points listed in paragraphs (c)(1) 
through (c)(6) of this section:

[[Page 463]]

    (1) Stormwater from segregated sewers;
    (2) Water from fire-fighting and deluge systems in segregated 
sewers;
    (3) Spills;
    (4) Water from safety showers;
    (5) Vessels and equipment storing and/or handling material that 
contains no organic HAP or organic HAP as impurities only; and
    (6) Equipment that is intended to operate in organic HAP service for 
less than 300 hours during the calendar year.
    (d) Processes exempted from the affected source. The processes 
specified in paragraphs (d)(1) through (d)(3) of this section are not 
part of the affected source.
    (1) Research and development facilities;
    (2) Equipment that is located within an EPPU that is subject to this 
subpart but does not contain organic HAP; and
    (3) Solvent reclamation, recovery, or recycling operations at 
hazardous waste treatment, storage, and disposal facilities (TSDF) 
requiring a permit under 40 CFR part 270 that are separate entities and 
not part of an EPPU to which this subpart applies.
    (e) Applicability determination of elastomer equipment included in a 
process unit producing a non-elastomer product. If an elastomer product 
that is subject to this subpart is produced within a process unit that 
is subject to subpart V of this part, and at least 50 percent of the 
elastomer is used in the production of the product manufactured by the 
subpart V process unit, the unit operations involved in the production 
of the elastomer are considered part of the process unit that is subject 
to subpart V, and not this subpart.
    (f) Primary product determination and applicability. The primary 
product of a process unit shall be determined according to the 
procedures specified in paragraphs (f)(1) and (f)(2) of this section. 
Paragraphs (f)(3) through (f)(4) of this section describe whether or not 
a process unit is subject to this subpart. Paragraphs (f)(5) through 
(f)(7) of this section discuss compliance for those EPPUs operated as 
flexible operation units, as specified in paragraph (f)(2) of this 
section.
    (1) If a process unit only manufactures one product, then that 
product shall represent the primary product of the process unit.
    (2) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraphs (f)(2)(i) or (f)(2)(ii) of this section based on the 
anticipated operations for the 5 years following September 5, 1996 for 
existing affected sources and for the first 5 years after initial 
startup for new affected sources.
    (i) If the flexible operation unit will manufacture one product for 
the greatest operating time over the five-year period, then that product 
shall represent the primary product of the flexible operation unit.
    (ii) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest production on a mass basis over the five-year period shall 
represent the primary product of the flexible operation unit.
    (3) If the primary product of a process unit is an elastomer 
product, then that process unit is considered an EPPU. If that EPPU 
meets all the criteria of paragraph (a) of this section, it is either an 
affected source or is part of an affected source comprised of other EPPU 
subject to this rule at the same plant site with the same primary 
product. The status of a process unit as an EPPU, and as an affected 
source or part of an affected source shall not change regardless of what 
products are produced in the future by the EPPU, with the exception 
noted in paragraph (f)(3)(i) of this section.
    (i) If a process unit terminates the production of all elastomer 
products and does not anticipate the production of any elastomer product 
in the future, the process unit is no longer an EPPU and is not subject 
to the provisions of this subpart after notification is made as 
specified in paragraph (f)(3)(ii) of this section.
    (ii) The owner or operator of a process unit that wishes to remove 
the EPPU designation from the process unit, as specified in paragraph 
(f)(3)(i) of this section, shall notify the Administrator. This 
notification shall be accompanied by rationale for why it is anticipated 
that no elastomer products

[[Page 464]]

will be produced in the process unit in the future.
    (iii) If a process unit meeting the criteria of paragraph (f)(3)(i) 
of this section begins the production of an elastomer product in the 
future, the owner or operator shall use the procedures in paragraph 
(f)(4)(i) of this section to determine if the process unit is re-
designated as an EPPU.
    (4) If the primary product of a process unit is not an elastomer 
product, then that process unit is not an affected source, nor is it 
part of any affected source subject to this rule. The process unit is 
not subject to this rule at any time, regardless of what product is 
being produced. The status of the process unit as not being an EPPU, and 
therefore not being an affected source or part of an affected source 
subject to this subpart, shall not change regardless of what products 
are produced in the future by the EPPU, with the exception noted in 
paragraph (f)(4)(i) of this section.
    (i) If, at any time beginning September 5, 2001, the owner or 
operator determines that an elastomer product is the primary product for 
the process unit based on actual production data for any preceding 
consecutive five-year period, then the process unit shall be classified 
as an EPPU. If an EPPU meets all the criteria in paragraph (a) of this 
section, it is either an affected source or part of an affected source 
and shall be subject to this rule.
    (ii) If a process unit meets the criteria of paragraph (f)(4)(i) of 
this section, the owner or operator shall notify the Administrator 
within 6 months of making this determination. The EPPU, as the entire 
affected source or part of an affected source, shall be in compliance 
with the provisions of this rule within 3 years from the date of such 
notification.
    (iii) If a process unit is re-designated as an EPPU but does not 
meet all the criteria of paragraph (a) of this section, the owner or 
operator shall notify the Administrator within 6 months of making this 
determination. This notification shall include documentation justifying 
the EPPU's status as not being an affected source or not being part of 
an affected source.
    (5) Once the primary product of a process unit has been determined 
to be an elastomer product and it has been determined that all the 
criteria of paragraph (a) of this section are met for the EPPU, the 
owner or operator of the affected source shall comply with the standards 
for the primary product. Owners or operators of flexible operation units 
shall comply with the standards for the primary product as specified in 
either paragraph (f)(5)(i) or (f)(5)(ii) of this section, except as 
specified in paragraph (f)(5)(iii) of this section.
    (i) Each owner or operator shall determine the group status of each 
emission point that is part of that flexible operation unit based on 
emission point characteristics when the primary product is being 
manufactured. Based on this finding, the owner or operator shall comply 
with the applicable standards for the primary product for each emission 
point, as appropriate, at all times, regardless of what product is being 
produced.
    (ii) Alternatively, each owner or operator shall determine the group 
status of each emission point that is part of the flexible operation 
unit based on the emission point characteristics when each product 
produced by the flexible operation unit is manufactured, regardless of 
whether the product is an elastomer product or not. Based on these 
findings, the owner or operator shall comply with the applicable 
standards, as appropriate, regardless of what product is being produced.

    Note: Under this scenario, it is possible that the group status, and 
therefore the requirement to achieve emission reductions, for an 
emission point may change depending on the product being manufactured.]

    (iii) Whenever a flexible operation unit manufactures a product that 
meets the criteria of paragraph (b) of this section (i.e., does not use 
or produce any organic HAP), all activities associated with the 
manufacture of the product, including the operation and monitoring of 
control or recovery devices, shall be exempt from the requirements of 
this rule.
    (6) The determination of the primary product for a process unit, to 
include the determination of applicability of this subpart to process 
units that are

[[Page 465]]

designed and operated as flexible operation units, shall be reported in 
the Notification of Compliance Status required by Sec. 63.506(e)(5) when 
the primary product is determined to be an elastomer product. The 
Notification of Compliance Status shall include the information 
specified in either paragraph (e)(6)(i) or (e)(6)(ii) of this section. 
If the primary product is determined to be something other than an 
elastomer product, the owner or operator shall retain information, data, 
and analysis used to document the basis for the determination that the 
primary product is not an elastomer product.
    (i) If the EPPU manufactures only one elastomer product, 
identification of that elastomer product.
    (ii) If the EPPU is designed and operated as a flexible operation 
unit, the information specified in paragraphs (f)(6)(ii)(A) through 
(f)(6)(ii)(C) of this section, as appropriate.
    (A) Identification of the primary product.
    (B) Information concerning operating time and/or production mass for 
each product that was used to make the determination of the primary 
product under paragraph (f)(2)(i) or (f)(2)(ii) of this section.
    (C) Identification of which compliance option, either paragraph 
(f)(5)(i) or (f)(5)(ii) of this section, has been selected by the owner 
or operator.
    (7) To demonstrate compliance with the rule during those periods 
when a flexible operation unit that is subject to this subpart is 
producing a product other than an elastomer product or is producing an 
elastomer product that is not the primary product, the owner or operator 
shall comply with either paragraphs (f)(7)(i) and (f)(7)(ii) or 
paragraph (f)(7)(iii) of this section.
    (i) Establish parameter monitoring levels as specified in 
Sec. 63.505, for those emission points designated as Group 1, as 
appropriate.
    (ii) Submit the parameter monitoring levels developed under 
paragraph (f)(7)(i) of this section and the basis for them in the 
Notification of Compliance Status report, as specified in 
Sec. 63.506(e)(5).
    (iii) Demonstrate that the parameter monitoring levels established 
for the primary product are also appropriate for those periods when 
products other than the primary product are being produced. Material 
demonstrating this finding shall be submitted in the Notification of 
Compliance Status report as specified in Sec. 63.506(e)(5).
    (g) Storage vessel ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (g)(1) through 
(g)(8) of this section to determine to which process unit a storage 
vessel shall belong.
    (1) If a storage vessel is already subject to another subpart of 40 
CFR part 63 on September 5, 1996, that storage vessel shall belong to 
the process unit subject to the other subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall belong to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall belong to that process unit located on the same 
plant site as the storage vessel that has the greatest input into or 
output from the storage vessel (i.e., the process unit has the 
predominant use of the storage vessel).
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if only one of those process 
units is an EPPU subject to this subpart, the storage vessel shall 
belong to that EPPU.
    (5) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if more than one of the process 
units are EPPUs that have different primary products and that are 
subject to this subpart, then the owner or operator shall assign the 
storage vessel to any one of the EPPUs sharing the storage vessel.
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding September 5, 1996 or based on 
the expected utilization for the 5 years following September 5, 1996 for 
existing affected sources, whichever is more representative of the 
expected operations for that storage vessel, and based on the expected 
utilization for the 5 years after initial startup for new affected 
sources. The determination of predominant use shall be reported in the 
Notification of

[[Page 466]]

Compliance Status required by Sec. 63.506(e)(5)(vii). If the predominant 
use changes, the redetermination of predominant use shall be reported in 
the next Periodic Report.
    (7) If the storage vessel begins receiving material from (or sending 
material to) another process unit; ceases to receive material from (or 
send material to) a process unit; or if the applicability of this 
subpart to a storage vessel has been determined according to the 
provisions of paragraphs (g)(1) through (g)(6) of this section and there 
is a significant change in the use of the storage vessel that could 
reasonably change the predominant use, the owner or operator shall 
reevaluate the applicability of this subpart to the storage vessel.
    (8) Where a storage vessel is located at a major source that 
includes one or more process units which place material into, or receive 
materials from the storage vessel, but the storage vessel is located in 
a tank farm, the applicability of this subpart shall be determined 
according to the provisions in paragraphs (g)(8)(i) through (g)(8)(iv) 
of this section.
    (i) The storage vessel may only be assigned to a process unit that 
utilizes the storage vessel and does not have an intervening storage 
vessel for that product (or raw materials, as appropriate). With respect 
to any process unit, an intervening storage vessel means a storage 
vessel connected by hard-piping to the process unit and to the storage 
vessel in the tank farm so that product or raw material entering or 
leaving the process unit flows into (or from) the intervening storage 
vessel and does not flow directly into (or from) the storage vessel in 
the tank farm.
    (ii) If there is no process unit at the major source that meets the 
criteria of paragraph (g)(8)(i) of this section with respect to a 
storage vessel, this subpart does not apply to the storage vessel.
    (iii) If there is only one process unit at the major source that 
meets the criteria of paragraph (g)(8)(i) of this section with respect 
to a storage vessel, the storage vessel shall be assigned to that 
process unit. Applicability of this subpart to the storage vessel shall 
then be determined according to the provisions of paragraph (a) of this 
section.
    (iv) If there are two or more process units at the major source that 
meet the criteria of paragraph (g)(8)(i) of this section with respect to 
a storage vessel, the storage vessel shall be assigned to one of those 
process units according to the provisions of paragraph (g)(6) of this 
section. The predominant use shall be determined among only those 
process units that meet the criteria of paragraph (g)(8)(i) of this 
section.
    (h) Recovery operation equipment ownership determination. The owner 
or operator shall follow the procedures specified in paragraphs (h)(1) 
through (h)(7) of this section to determine to which process unit 
recovery operation equipment shall belong.
    (1) If recovery operation equipment is already subject to another 
subpart of 40 CFR part 63 on September 5, 1996, that recovery operation 
equipment shall belong to the process unit subject to the other subpart.
    (2) If recovery operation equipment is used exclusively by a single 
process unit, the recovery operation shall belong to that process unit.
    (3) If recovery operation equipment is shared among process units, 
then the recovery operation equipment shall belong to that process unit 
located on the same plant site as the recovery operation equipment that 
has the greatest input into or output from the recovery operation 
equipment (i.e., that process unit has the predominant use of the 
recovery operation equipment).
    (4) If predominant use cannot be determined for recovery operation 
equipment that is shared among process units and if one of those process 
units is an EPPU subject to this subpart, the recovery operation 
equipment shall belong to the EPPU subject to this subpart.
    (5) If predominant use cannot be determined for recovery operation 
equipment that is shared among process units and if more than one of the 
process units are EPPUs that have different primary products and that 
are subject to this subpart, then the owner or operator shall assign the 
recovery operation equipment to any one of those EPPUs.

[[Page 467]]

    (6) If the predominant use of recovery operation equipment varies 
from year to year, then the predominant use shall be determined based on 
the utilization that occurred during the year preceding September 5, 
1996 or based on the expected utilization for the 5 years following 
September 5, 1996 for existing affected sources, whichever is the more 
representative of the expected operations for the recovery operations 
equipment, and based on the expected utilization for the first 5 years 
after initial startup for new affected sources. This determination shall 
be reported in the Notification of Compliance Status required by 
Sec. 63.506(e)(5)(viii). If the predominant use changes, the 
redetermination of predominant use shall be reported in the next 
Periodic Report.
    (7) If there is an unexpected change in the utilization of recovery 
operation equipment that could reasonably change the predominant use, 
the owner or operator shall redetermine to which process unit the 
recovery operation belongs by reperforming the procedures specified in 
paragraphs (h)(2) through (h)(6) of this section.
    (i) Changes or additions to plant sites. The provisions of 
paragraphs (i)(1) through (i)(4) of this section apply to owners or 
operators that change or add to their plant site or affected source. 
Paragraph (i)(5) provides examples of what are and are not considered 
process changes for purposes of paragraph (i) of this section.
    (1) Adding an EPPU to a plant site. The provisions of paragraphs 
(i)(1)(i) through (i)(1)(ii) of this section apply to owners or 
operators that add EPPUs to a plant site.
    (i) If an EPPU is added to a plant site, the addition shall be a new 
affected source and shall be subject to the requirements for a new 
affected source in this subpart upon initial startup or by September 5, 
1996, whichever is later, if the addition meets the criteria specified 
in paragraphs (i)(1)(i)(A) through (i)(1)(i)(B) and either (i)(1)(i)(C) 
or (i)(1)(i)(D) of this section:
    (A) It is an addition that meets the definition of construction in 
Sec. 63.2 of subpart A;
    (B) Such construction commenced after June 12, 1995; and
    (C) 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, and 
the primary product of the addition is currently produced at the plant 
site as the primary product of an affected source; or
    (D) The primary product of the addition is not currently produced at 
the plant site as the primary product of an affected source, and the 
plant site meets, or after the addition is constructed will meet, the 
definition of a major source in Sec. 63.2 of subpart A.
    (ii) If an EPPU is added to a plant site, the addition shall be 
subject to the requirements for an existing affected source in this 
subpart upon initial startup or by 3 years after September 5, 1996, 
whichever is later, if the addition does not meet the criteria specified 
in paragraph (i)(1)(i) of this section and the plant site meets, or 
after the addition is completed will meet, the definition of major 
source.
    (2) Adding emission points or making process changes to existing 
affected sources. The provisions of paragraphs (i)(2)(i) through 
(i)(2)(ii) of this section apply to owners or operators that add 
emission points or make process changes to an existing affected source.
    (i) If any process change is made or emission point is added to an 
existing affected source, or if a process change creating one or more 
additional Group 1 emission point(s) is made to an existing affected 
source, the entire affected source shall be a new affected source and 
shall be subject to the requirements for a new affected source in this 
subpart upon initial startup or by September 5, 1996, whichever is 
later, if the process change or addition meets the criteria specified in 
paragraphs (i)(2)(i)(A) through (i)(2)(i)(B) of this section:
    (A) It is a process change or addition that meets the definition of 
reconstruction in Sec. 63.2 of subpart A; and
    (B) Such reconstruction commenced after June 12, 1995.
    (ii) If any process change is made or emission point is added to an 
existing affected source, or if a process change creating one or more 
additional Group 1 emission point(s) is made to an existing affected 
source and the process change or addition does not meet the

[[Page 468]]

criteria specified in paragraphs (i)(2)(i)(A) and (i)(2)(i)(B) of this 
section, the resulting emission point(s) shall be subject to the 
requirements for an existing affected source in this subpart. The 
resulting emission point(s) shall be in compliance upon initial startup 
or by 3 years after September 5, 1996, whichever is later, unless the 
owner or operator demonstrates to the Administrator that achieving 
compliance will take longer than making the process change or addition. 
If this demonstration is made to the Administrator's satisfaction, the 
owner or operator shall follow the procedures in paragraphs 
(i)(2)(iii)(A) through (i)(2)(iii)(C) of this section to establish a 
compliance date.
    (iii) To establish a compliance date for an emission point or points 
specified in paragraph (i)(2)(ii) of this section, the procedures 
specified in paragraphs (i)(2)(iii)(A) through (i)(2)(iii)(C) of this 
section shall be followed.
    (A) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (B) The compliance schedule shall be submitted within 180 days after 
the process change or addition is made or the information regarding the 
change or addition is known to the owner or operator, unless the 
compliance schedule has been previously submitted to the permitting 
authority. The compliance schedule may be submitted in the next Periodic 
Report if the process change or addition is made after the date the 
Notification of Compliance Status report is due.
    (C) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.
    (3) Existing source requirements for Group 2 emission points that 
become Group 1 emission points. If a process change or addition that 
does not meet the criteria in paragraph (i)(1) or (i)(2) of this section 
is made to an existing plant site or existing affected source, and the 
change causes a Group 2 emission point to become a Group 1 emission 
point, for that emission point the owner or operator shall comply with 
the requirements of this subpart for existing Group 1 emission points. 
Compliance shall be achieved as expeditiously as practicable, but in no 
event later than 3 years after the emission point becomes a Group 1 
emission point.
    (4) Existing source requirements for some emission points that 
become subject to subpart H requirements. 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 startup or by 3 years after 
September 5, 1996, 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 (i)(2)(iii)(A) through (i)(2)(iii)(C) of this 
section to establish a compliance date.
    (5) Determining what are and are not process changes. For purposes 
of paragraph (i) of this section, examples of process changes include, 
but are not limited to, changes in production capacity, feedstock type, 
or catalyst type, or whenever there is a replacement, removal, or 
addition of recovery equipment. For purposes of paragraph (i) 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. 63.506(e)(5).
    (j) Applicability of this subpart except during periods of startup, 
shutdown, and malfunction. Each provision set forth in this subpart or 
referred to in this subpart shall apply at all times except during 
periods of startup, shutdown, and malfunction if the startup, shutdown, 
or malfunction precludes the ability of a particular emission point at 
an affected source to comply with one or more specific provisions to 
which it is subject.



Sec. 63.481  Compliance schedule and relationship to existing applicable rules.

    (a) Affected sources are required to achieve compliance on or before 
the

[[Page 469]]

dates specified in paragraphs (b) through (d) of this section. Paragraph 
(e) of this section provides information on requesting compliance 
extensions. Paragraphs (f) through (i) of this section discuss the 
relationship of this subpart to subpart A and to other applicable rules. 
Where an override of another authority of the Act is indicated in this 
subpart, only compliance with the provisions of this subpart is 
required. Paragraph (j) of this section specifies the meaning of time 
periods.
    (b) New affected sources that commence construction or 
reconstruction after June 12, 1995 shall be in compliance with this 
subpart upon initial startup or September 5, 1996, whichever is later, 
as provided in Sec. 63.6(b) of subpart A.
    (c) Existing affected sources shall be in compliance with this 
subpart (except for Sec. 63.502 for which compliance is covered by 
paragraph (d) of this section) no later than 3 years after September 5, 
1996, as provided in Sec. 63.6(c) of subpart A, unless an extension has 
been granted as specified in paragraph (e) of this section.
    (d) Except as provided for in paragraphs (d)(1) through (d)(6) of 
this section, existing affected sources shall be in compliance with 
Sec. 63.502 no later than July 31, 1997, unless an extension has been 
granted pursuant to section 112(i)(3)(B) of the Act, as discussed in 
paragraph Sec. 63.182(a)(6) of subpart H.
    (1) Compliance with the compressor provisions of Sec. 63.164 of 
subpart H shall occur no later than September 5, 1997 for any compressor 
meeting one or more of the criteria in paragraphs (d)(1)(i) through 
(d)(1)(iii) of this section, if the work can be accomplished without a 
process unit shutdown, as defined in Sec. 63.161 of subpart H.
    (i) The seal system will be replaced;
    (ii) A barrier fluid system will be installed; or
    (iii) A new barrier fluid will be utilized which requires changes to 
the existing barrier fluid system.
    (2) Compliance with the compressor provisions of Sec. 63.164 of 
subpart H shall occur no later than March 5, 1998, for any compressor 
meeting all the criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of 
this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (d)(1)(i) through (d)(1)(iii) 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 the request for a compliance 
extension to the U.S. Environmental Protection Agency (EPA) Regional 
Office at the addresses listed in Sec. 63.13 of subpart A no later than 
June 16, 1997. The request for a compliance extension shall contain the 
information specified in Sec. 63.6(i)(6)(i)(A), (B), and (D) of subpart 
A. Unless the EPA Regional Office objects to the request for a 
compliance extension within 30 calendar days after receipt of the 
request, the request shall be deemed approved.
    (3) If compliance with the compressor provisions of Sec. 63.164 of 
subpart H 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 September 8, 1998. The owner or 
operator who elects to use this provision shall submit a request for an 
extension of compliance in accordance with the requirements of paragraph 
(d)(2)(iv) of this section.
    (4) Compliance with the compressor provisions of Sec. 63.164 of 
subpart H shall occur not later than September 6, 1999 for any 
compressor meeting one or more of the criteria in paragraphs (d)(4)(i) 
through (d)(4)(iii) of this section. The owner or operator who elects to 
use these provisions shall submit a request for an extension of 
compliance in accordance with the requirements of paragraph (d)(2)(iv) 
of this section.
    (i) Compliance cannot be achieved without replacing the compressor;
    (ii) Compliance cannot be achieved without recasting the distance 
piece; or
    (iii) Design modifications are required to connect to a closed-vent 
or recovery system.
    (5) Compliance with the surge control vessel and bottoms receiver 
provisions

[[Page 470]]

of Sec. 63.170 of subpart H shall occur no later than September 6, 1999.
    (6) Compliance with the heat exchange system provisions of 
Sec. 63.104 of subpart F, as required in Sec. 63.502(f), shall occur no 
later than September 5, 1999.
    (e) 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. 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 
or to the Administrator as a separate submittal or as part of the 
Precompliance Report. Requests for extensions shall be submitted no 
later than the date on which the Precompliance Report is required to be 
submitted in Sec. 63.506(e)(3)(i). The dates specified in Sec. 63.6(i) 
of subpart A for submittal of requests for extensions shall not apply to 
this subpart.
    (1) A request for an extension of compliance shall include the data 
described in Sec. 63.6(i)(6)(i) (A), (B), and (D) of subpart A.
    (2) The requirements in Sec. 63.6(i)(8) through Sec. 63.6(i)(14) of 
subpart A shall govern the review and approval of requests for 
extensions of compliance with this subpart.
    (f) Table 1 of this subpart specifies the provisions of subpart A 
that apply and those that do not apply to owners and operators of 
affected sources subject to this subpart. For the purposes of this 
subpart, Table 3 of subpart F is not applicable.
    (g) Table 2 of this subpart summarizes the provisions of subparts F, 
G, and H that apply and those that do not apply to owners and operators 
of affected sources subject to this subpart.
    (h)(1) After the compliance dates specified in this section, an 
affected source subject to this subpart that is also subject to the 
provisions of 40 CFR part 63, subpart I, is required to comply only with 
the provisions of this subpart.
    (2) Sources subject to 40 CFR part 63, subpart I that have elected 
to comply through a quality improvement program, as specified in 
Sec. 63.175 or Sec. 63.176 or both of subpart H, may elect to continue 
these programs without interruption as a means of complying with this 
subpart. In other words, becoming subject to this subpart does not 
restart or reset the ``compliance clock'' as it relates to reduced 
burden earned through a quality improvement program.
    (i) After the compliance dates specified in this section, a storage 
vessel that belongs to an affected source subject to this subpart 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. After the 
compliance dates specified in paragraph (d) of this section, that 
storage vessel shall no longer be subject to 40 CFR part 60, subpart Kb.
    (j) All terms in this subpart that define a period of time for 
completion of required tasks (e.g., monthly, quarterly, annual), unless 
specified otherwise in the section or subsection that imposes the 
requirement, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified in this subpart for 
completion of required tasks, such time periods may be changed by mutual 
agreement between the owner or operator and the Administrator, as 
specified in subpart A of this part (e.g., a period could begin on the 
compliance date or another date, rather than on the first day of the 
standard calendar period). For each time period that is changed by 
agreement, the revised period shall remain in effect until it is 
changed. A new request is not necessary for each recurring period.
    (2) Where the period specified for compliance is a standard calendar 
period, if the initial compliance date occurs after the beginning of the 
period, compliance shall be required according to the schedule specified 
in paragraphs (j)(2)(i) or (j)(2)(ii) of this section, as appropriate.
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 2 weeks for tasks that must be performed monthly, at 
least 1 month for tasks that must be performed each quarter, or at least 
3 months for tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the end 
of the

[[Page 471]]

first full standard calendar period after the period within which the 
initial compliance deadline occurs.
    (3) In all instances where a provision of this subpart requires 
completion of a task during each multiple successive period, an owner or 
operator may perform the required task at any time during the specified 
period, provided that the task is conducted at a reasonable interval 
after completion of the task during the previous period.

[62 FR 46925, Sept. 5, 1996, as amended at 62 FR 1837, Jan. 14, 1997]



Sec. 63.482  Definitions.

    (a) The following terms used in this subpart shall have the meaning 
given them in subparts A (Sec. 63.2), F (Sec. 63.101), G (Sec. 63.111), 
and H (Sec. 63.161) as specified after each term:

Act (subpart A)
Administrator (subpart A)
Automated monitoring and recording system (subpart G)
Average concentration (subpart G)
Boiler (subpart G)
Bottoms receiver (subpart H)
By compound (subpart G)
By-product (subpart F)
Car-seal (subpart G)
Chemical manufacturing process unit (subpart F)
Closed-vent system (subpart G)
Co-product (subpart F)
Combustion device (subpart G)
Commenced (subpart A)
Compliance date (subpart A)
Compliance schedule (subpart A)
Connector (subpart H)
Construction (subpart A)
Continuous monitoring system (subpart A)
Continuous record (subpart G)
Continuous recorder (subpart G)
Cover (subpart G)
Distillation unit (subpart G)
Emission standard (subpart A)
Emissions averaging (subpart A)
EPA (subpart A)
Equipment (subpart H)
Equipment leak (subpart F)
Existing source (subpart A)
External floating roof (subpart G)
Fill (subpart G)
Fixed roof (subpart G)
Flame zone (subpart G)
Flexible operation unit (subpart F)
Floating roof (subpart G)
Flow indicator (subpart G)
Halogens and hydrogen halides (subpart G)
Hazardous air pollutant (subpart A)
Heat exchange system (subpart F)
Impurity (subpart F)
Incinerator (subpart G)
In organic hazardous air pollutant service (subpart H)
Instrumentation system (subpart H)
Internal floating roof (subpart G)
Lesser quantity (subpart A)
Maintenance wastewater (subpart F)
Major source (subpart A)
Malfunction (subpart A)
Mass flow rate (subpart G)
Maximum true vapor pressure (subpart G)
New source (subpart A)
Open-ended valve or line (subpart H)
Operating permit (subpart F)
Organic HAP service (subpart H)
Organic monitoring device (subpart G)
Owner or operator (subpart A)
Performance evaluation (subpart A)
Performance test (subpart A)
Permitting authority (subpart A)
Plant site (subpart F)
Point of generation (subpart G)
Potential to emit (subpart A)
Primary fuel (subpart G)
Process heater (subpart G)
Process unit shutdown (subpart H)
Process wastewater (subpart F)
Process wastewater stream (subpart G)
Product separator (subpart F)
Reactor (subpart G)
Reconstruction (subpart A)
Recovery device (subpart G)
Reference control technology for process vents (subpart G)
Reference control technology for storage vessels (subpart G)
Reference control technology for wastewater (subpart G)
Relief valve (subpart G)
Research and development facility (subpart F)
Residual (subpart G)
Run (subpart A)
Secondary fuel (subpart G)
Sensor (subpart H)
Shutdown (subpart A)
Specific gravity monitoring device (subpart G)
Startup (subpart A)
Startup, shutdown, and malfunction plan (subpart F)
State (subpart A)

[[Page 472]]

Surge control vessel (subpart H)
Temperature monitoring device (subpart G)
Test method (subpart A)
Total resource effectiveness index value (subpart G)
Treatment process (subpart G)
Unit operation (subpart F)
Vent stream (subpart G)
Visible emission (subpart A)
Waste management unit (subpart G)
Wastewater (subpart F)
Wastewater stream (subpart G)
    (b) All other terms used in this subpart shall have the meaning 
given them in this section. If a term is defined in a subpart referenced 
above and in this section, it shall have the meaning given in this 
section for purposes of this subpart.
    Affected source is defined in Sec. 63.480(a).
    Aggregate batch vent stream means a gaseous emission stream 
containing only the exhausts from two or more batch front-end process 
vents that are ducted together before being routed to a control device 
that is in continuous operation.
    Average flow rate, as used in conjunction with wastewater 
provisions, is defined in and determined by the specifications in 
Sec. 63.144(c) of subpart G; or, as used in conjunction with the batch 
front-end process vent provisions, is defined in and determined by the 
specifications in Sec. 63.488(e).
    Back-end refers to the unit operations in an EPPU following the 
stripping operations. Back-end process operations include, but are not 
limited to, filtering, coagulation, blending, concentration, drying, 
separating, and other finishing operations, as well as latex and crumb 
storage.
    Batch cycle means the operational step or steps, from start to 
finish, that occur as part of a batch unit operation.
    Batch cycle limitation means an enforceable restriction on the 
number of batch cycles that can be performed in a year for an individual 
batch front-end process vent.
    Batch emission episode means a discrete emission venting episode 
associated with a single batch unit operation. Multiple batch emission 
episodes may occur from a single batch unit operation.
    Batch front-end process vent means a point of emission from a batch 
unit operation having a gaseous emission stream with annual organic HAP 
emissions greater than 225 kilograms per year and located in the front-
end of a process unit. Batch front-end process vents exclude relief 
valve discharges and leaks from equipment regulated under Sec. 63.502.
    Batch process means a discontinuous process involving the bulk 
movement of material through sequential manufacturing steps. Mass, 
temperature, concentration, and other properties of the process vary 
with time. Addition of raw material and withdrawal of product do not 
typically occur simultaneously in a batch process. For the purposes of 
this subpart, a process producing polymers is characterized as 
continuous or batch based on the operation of the polymerization 
reactors.
    Batch unit operation means a unit operation operated in a batch 
process mode.
    Butyl rubber means a copolymer of isobutylene and other monomers. 
Typical other monomers include isoprene and methylstyrenes. A typical 
composition of butyl rubber is approximately 85 to 99 percent 
isobutylene and one to fifteen percent other monomers. Most butyl rubber 
is produced by precipitation polymerization, although other methods may 
be used.
    Compounding unit means a unit of operation which blends, melts, and 
resolidifies solid polymers for the purpose of incorporating additives, 
colorants, or stabilizers into the final elastomer product. A unit 
operation whose primary purpose is to remove residual monomers from 
polymers is not a compounding unit.
    Continuous front-end process vent means a point of emission from a 
continuous process unit operation within an affected source having a 
gaseous emission stream with a flow rate greater than or equal to 0.005 
standard cubic meter per minute and with a total organic HAP 
concentration greater than or equal to 50 parts per million by volume. 
Continuous front-end process vents exclude relief valve discharges and 
leaks from equipment regulated under Sec. 63.502.

[[Page 473]]

    Continuous process means a process where the inputs and outputs flow 
continuously through sequential manufacturing steps throughout the 
duration of the process. Continuous processes typically approach steady-
state conditions. Continuous processes typically involve the 
simultaneous addition of raw material and withdrawal of product. For the 
purposes of this subpart, a process producing polymers is characterized 
as continuous or batch based on the operation of the polymerization 
reactors.
    Continuous unit operation means a unit operation operated in a 
continuous process mode.
    Control device is defined in Sec. 63.111 of subpart G, except that 
the term ``process vent'' shall be replaced with the term ``continuous 
front-end process vent'' for the purpose of this subpart.
    Crumb rubber dry weight means the weight of the polymer, minus the 
weight of water and residual organics.
    Drawing unit means a unit operation which converts polymer into a 
different shape by melting or mixing the polymer and then pulling it 
through an orifice to create a continuously extruded product.
    Elastomer means any polymer having a glass transition temperature 
lower than -10 deg.C, or a glass transition temperature between 
-10 deg.C and 25 deg.C that is capable of undergoing deformation 
(stretching) of several hundred percent and recovering essentially when 
the stress is removed. For the purposes of this subpart, resins are not 
considered to be elastomers.
    Elastomer product means one of the following 12 types of products, 
as they are defined in this section:
    (1) Butyl Rubber,
    (2) Halobutyl Rubber,
    (3) Epichlorohydrin Elastomers,
    (4) Ethylene Propylene Rubber,
    (5) HypalonTM,
    (6) Neoprene,
    (7) Nitrile Butadiene Rubber,
    (8) Nitrile Butadiene Latex,
    (9) Polybutadiene Rubber/Styrene Butadiene Rubber by Solution,
    (10) Polysulfide Rubber,
    (11) Styrene Butadiene Rubber by Emulsion, and
    (12) Styrene Butadiene Latex.
    Elastomer product process unit (EPPU) means a collection of 
equipment assembled and connected by pipes or ducts used to process raw 
materials and to manufacture an elastomer product as its primary 
product. This collection of equipment includes process vents; storage 
vessels, as determined in Sec. 63.480(g); and the equipment (i.e., 
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 elastomer product process unit) that are 
subject to the equipment leak provisions as specified in Sec. 63.502. 
Compounding units, spinning units, drawing units, extruding units, and 
other finishing steps are not part of an EPPU. In addition, a solid 
state polymerization unit is not part of an EPPU.
    Elastomer type means one of the elastomers defined under ``elastomer 
product'' in this section. Each elastomer identified in that definition 
represents a different elastomer type.
    Emission point means an individual continuous front-end process 
vent, batch front-end process vent, back-end process vent, storage 
vessel, wastewater stream, or equipment leak.
    Emulsion process means a process carried out with the reactants in 
an emulsified form (e.g., polymerization reaction).
    Epichlorohydrin elastomer means an elastomer formed from the 
polymerization or copolymerization of epichlorohydrin (EPI). The main 
epichlorohydrin elastomers are polyepichlorohydrin, epi-ethylene oxide 
(EO) copolymer, epi-allyl glycidyl ether (AGE) copolymer, and epi-EO-AGE 
terpolymer. Epoxy resins produced by the copolymerization of EPI and 
bisphenol A are not epichlorohydrin elastomers.
    Ethylene-propylene rubber means an ethylene-propylene copolymer or 
an ethylene-propylene terpolymer. Ethylene-propylene copolymers (EPM) 
result from the polymerization of ethylene and propylene and contain a 
saturated chain of the polymethylene type. Ethylene-propylene 
terpolymers (EPDM) are produced in a similar manner as EPM, except that 
a moderate amount of the third monomer is added to the reaction 
sequence. Typical third

[[Page 474]]

monomers include ethylidene norbornene, 1,4-hexadiene, or 
dicyclopentadiene. Ethylidene norbornene is the most commonly used. The 
production process includes, but is not limited to, polymerization, 
recycle, recovery, and packaging operations. The polymerization reaction 
may occur in either a solution process or a suspension process.
    Extruding unit means a unit operation which converts polymer into a 
different shape by melting or mixing the polymer and then forcing it 
through an orifice to create a continuously extruded product.
    Front-end refers to the unit operations in an EPPU prior to, and 
including, the stripping operations. The process front-end includes all 
activity from raw material storage through the stripping operation, 
including pre-polymerization blending, reactions, etc. For all gas-
phased reaction processes, all unit operations are considered to be 
front-end.
    Gas-phased reaction process means an elastomer production process 
where the reaction occurs in a gas phase, fluidized bed.
    Grade means the subdivision of an elastomer product type by 
different characteristics such as molecular weight, monomer composition, 
significant mooney values, and the presence or absence of extender oil 
and/or carbon black.
    Group 1 batch front-end process vent means a batch front-end process 
vent releasing annual organic HAP emissions greater than or equal to 
11,800 kg/yr and with a cutoff flow rate, calculated in accordance with 
Sec. 63.488(f), greater than or equal to the annual average flow rate.
    Group 2 batch front-end process vent means a batch front-end process 
vent that does not fall within the definition of a Group 1 batch front-
end process vent.
    Group 1 continuous front-end process vent means a continuous front-
end process vent releasing a gaseous emission stream that has a total 
resource effectiveness index value, calculated according to Sec. 63.115 
of subpart G, less than or equal to 1.0.
    Group 2 continuous front-end process vent means a continuous front-
end process vent that does not fall within the definition of a Group 1 
continuous front-end process vent.
    Group 1 storage vessel means a storage vessel at an existing 
affected source that meets the applicability criteria specified in Table 
3 of this subpart, or a storage vessel at a new affected source that 
meets the applicability criteria specified in Table 4 of this subpart.
    Group 2 storage vessel means a storage vessel that does not fall 
within the definition of a Group 1 storage vessel.
    Group 1 wastewater stream means a process wastewater stream from an 
elastomer product 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 subpart G 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 concentration greater than 
1,000 parts per million by weight of compounds listed in table 9 of 
subpart G.
    Group 2 wastewater stream means any process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
    Halobutyl rubber means a butyl rubber elastomer produced using 
halogenated copolymers.
    Halogenated aggregate batch vent stream means an aggregate batch 
vent stream determined to have a total mass emission rate of halogen 
atoms contained in organic compounds of 3,750 kg/yr or greater 
determined by the Procedures presented in Sec. 63.488(h).
    Halogenated batch front-end process vent means a batch front-end 
process vent determined to have a mass emission rate of halogen atoms 
contained in organic compounds of 3,750 kg/yr or greater determined by 
the procedures presented in Sec. 63.488(h).
    Halogenated continuous front-end process vent means a continuous 
front-end process vent determined to have a mass emission rate of 
halogen atoms contained in organic compounds of 0.45 kg/

[[Page 475]]

hr or greater determined by the procedures presented in 
Sec. 63.115(d)(2)(v) of subpart G.
    High conversion latex means a latex where all monomers are reacted 
to at least 95 percent conversion.
    Hypalon TM means a chlorosulfonated polyethylene that is 
a synthetic rubber produced for uses such as wire and cable insulation, 
shoe soles and heels, automotive components, and building products.
    Latex means a colloidal aqueous emulsion of elastomer. A latex may 
be further processed into finished products by direct use as a coating 
or as a foam, or it may be precipitated to separate the rubber 
particles, which are then used in dry state to prepare finished 
products.
    Latex weight includes the weight of the polymer and the weight of 
the water solution.
    Mass process means a process carried out through the use of thermal 
energy (e.g., polymerization reaction). Mass processes do not utilize 
emulsifying or suspending agents, but can utilize catalysts or other 
additives.
    Material recovery section means the equipment that recovers 
unreacted or by-product materials from any process section for return to 
the EPPU, off-site purification or treatment, or sale. Equipment 
designed to separate unreacted or by-product material from the polymer 
product is to be included in this process section, provided that at the 
time of initial compliance some of the material is recovered for reuse 
in the process, off-site purification or treatment, or sale. Otherwise, 
such equipment is to be assigned to one of the other process sections, 
as appropriate. If equipment is used to recover unreacted or by-product 
material and return it directly to the same piece of process equipment 
from which it was emitted, then the recovery equipment is considered to 
be part of the process section that contains the process equipment. On 
the other hand, if equipment is used to recover unreacted or by-product 
material and return it to a different piece of process equipment in the 
same process section, the recovery equipment is considered to be part of 
a material recovery section. Equipment that treats recovered materials 
is to be included in this process section, but equipment that also 
treats raw materials is not to be included in this process section. The 
latter equipment is to be included in the raw materials preparation 
section.
    Month means either a calendar month or a repeating 30-day period. 
For the purposes of compliance with the back-end limitations in 
Sec. 63.506, a month can begin on any day of the month (i.e., starting 
on the 15th and ending on the 14th of the 
following month), as long as the month never contains more than 31 
calendar days.
    Neoprene means a polymer of chloroprene (2-chloro-1,3-butadiene). 
The free radical emulsion process is generally used to produce neoprene, 
although other methods may be used.
    Nitrile butadiene latex means a polymer consisting primarily of 
unsaturated nitriles and dienes, usually acrylonitrile and 1,3-
butadiene, that is sold as a latex.
    Nitrile butadiene rubber means a polymer consisting primarily of 
unsaturated nitriles and dienes, usually acrylonitrile and 1,3-
butadiene, not including those facilities that produce nitrile butadiene 
latex.
    Organic hazardous air pollutant(s) (organic HAP) means one or more 
of the chemicals listed in Table 5 of this subpart or any other chemical 
which:
    (1) Is knowingly introduced into the manufacturing process other 
than as an impurity, or has been or will be reported under any Federal 
or State program, such as EPCRA section 311, 312, or 313 or Title V; and
    (2) Is listed in Table 2 of subpart F of this part.
    Polybutadiene rubber/styrene butadiene rubber by solution means a 
polymer of 1,3-butadiene produced using a solution process, and/or a 
polymer that consists primarily of styrene and butadiene monomer units 
and is produced using a solution process.
    Polymerization reaction section means the equipment designed to 
cause monomer(s) to react to form polymers, including equipment designed 
primarily

[[Page 476]]

to cause the formation of short polymer chains (e.g., oligomers or low 
polymers), but not including equipment designed to prepare raw materials 
for polymerization (e.g., esterification vessels). For the purposes of 
this subpart, the polymerization reaction section begins with the 
equipment used to transfer the materials from the raw materials 
preparation section and ends with the last vessel in which 
polymerization occurs.
    Polysulfide rubber means a polymer produced by reacting sodium 
polysulfide and chloroethyl formal. Polysulfide rubber may be produced 
as latexes or solid product.
    Primary product is defined in and determined by the procedures 
specified in Sec. 63.480(f).
    Process section means the equipment designed to accomplish a general 
but well-defined task in polymers production. Process sections include 
raw materials preparation, polymerization reaction, and material 
recovery. A process section may be dedicated to a single EPPU or may be 
common to more than one EPPU.
    Process unit means a collection of equipment assembled and connected 
by pipes or ducts to process raw materials and to manufacture a product.
    Process vent means a point of emission from a unit operation having 
a gaseous emission stream. Typical process vents include condenser 
vents, dryer vents, vacuum pumps, steam ejectors, and atmospheric vents 
from reactors and other process vessels, but do not include pressure 
relief valves.
    Product means a compound or material which is manufactured by a 
process unit. By-products, isolated intermediates, impurities, wastes, 
and trace contaminants are not considered products.
    Raw materials preparation section means the equipment at a polymer 
manufacturing plant designed to prepare raw materials, such as monomers 
and solvents, for polymerization. For the purposes of this standard, 
this process section begins with the equipment used to transfer raw 
materials from storage and/or the equipment used to transfer recovered 
material from the material recovery process sections, and ends with the 
last piece of equipment that prepares the material for polymerization. 
The raw materials preparation section may include equipment that is used 
to purify, dry, or otherwise treat raw materials or raw and recovered 
materials together; to activate catalysts; and to promote esterification 
including the formation of some short polymer chains (oligomers). The 
raw materials preparation section does not include equipment that is 
designed primarily to accomplish the formation of oligomers, the 
treatment of recovered materials alone, or the storage of raw materials.
    Recovery operations equipment means the equipment used to separate 
the components of process streams. Recovery operations equipment 
includes distillation units, condensers, etc. Equipment used for 
wastewater treatment shall not be considered recovery operations 
equipment.
    Resin means a polymer that is not an elastomer. The following are 
characteristics of resins and the production of resins:
    (1) The polymer is a block polymer;
    (2) The manufactured polymer does not require vulcanization to make 
useful products;
    (3) The polymer production process is operated to achieve at least 
99 percent monomer conversion; and
    (4) The polymer process unit does not recycle unreacted monomer back 
to the process.
    Solid state polymerization unit means a unit operation which, 
through the application of heat, furthers the polymerization (i.e., 
increases the intrinsic viscosity) of polymer chips.
    Solution process means a process where both the monomers and the 
resulting polymers are dissolved in an organic solvent.
    Steady-state conditions means that all variables (temperatures, 
pressures, volumes, flow rates, etc.) in a process do not vary 
significantly with time; minor fluctuations about constant mean values 
can occur.
    Storage vessel means a tank or other vessel that is used to store 
liquids that contain one or more organic HAP and that has been assigned, 
according to the procedures in Sec. 63.480(g), to an EPPU that is 
subject to this subpart. Storage vessels do not include:

[[Page 477]]

    (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 and equipment storing and/or handling material that 
contains no organic HAP, or organic HAP as impurities only;
    (5) Surge control vessels and bottoms receiver tanks; and
    (6) Wastewater storage tanks.
    Stripping technology means the removal of organic compounds from a 
raw elastomer product by the use of heat and/or vacuum. Stripping 
technology includes steam stripping, direct volatilization, chemical 
stripping, and other methods of devolatilization.
    Styrene butadiene latex means a polymer consisting primarily of 
styrene and butadiene monomer units produced using an emulsion process 
and sold as a latex.
    Styrene butadiene rubber by emulsion means a polymer consisting 
primarily of styrene and butadiene monomer units produced using an 
emulsion process. Styrene butadiene rubber by emulsion does not include 
styrene butadiene latex.
    Suspension process means a process carried out with the reactants in 
a state of suspension, typically achieved through the use of water and/
or suspending agents (e.g., polymerization reaction).
    Total organic compounds (TOC) means those compounds, excluding 
methane and ethane, measured according to the procedures of Method 18 or 
Method 25A of 40 CFR part 60, appendix A.
    Year means any consecutive 12-month period or 365 rolling days. For 
the purposes of emissions averaging, the term year applies to any 12-
month period selected by the facility and defined in its Emissions 
Averaging Plan. For the purposes of batch cycle limitations, the term 
year applies to the 12-month period defined by the facility in its 
Notification of Compliance Status.



Sec. 63.483  Emission standards.

    (a) Except as allowed under paragraphs (b) and (c) of this section, 
the owner or operator of an existing or new affected source shall comply 
with the provisions in:
    (1) Section 63.484 for storage vessels;
    (2) Section 63.485 for continuous front-end process vents;
    (3) Sections 63.486 through 63.492 for batch front-end process 
vents;
    (4) Sections 63.493 through 63.500 for back-end process operations;
    (5) Section 63.501 for wastewater;
    (6) Section 63.502 for equipment leaks;
    (7) Section 63.504 for additional test methods and procedures;
    (8) Section 63.505 for monitoring levels and excursions; and
    (9) Section 63.506 for general reporting and recordkeeping 
requirements.
    (b) Instead of complying with Secs. 63.484, 63.485, 63.493, and 
63.501, the owner or operator of an existing affected source may elect 
to control any or all of the storage vessels, continuous front-end 
process vents, batch front-end process vents, aggregate batch vent 
streams, and back-end process emissions within the affected source, plus 
any or all process wastewater streams associated with the affected 
source, to different levels using an emissions averaging compliance 
approach that uses the procedures specified in Sec. 63.503. An owner or 
operator electing to use emissions averaging must still comply with the 
provisions of Secs. 63.484, 63.485, 63.486, 63.493, and 63.501 for 
affected source emission points not included in the emissions average.
    (c) A State may decide not to allow the use of the emissions 
averaging compliance approach specified in paragraph (b) of this section 
as a compliance option for an existing affected source.



Sec. 63.484  Storage vessel provisions.

    (a) For each storage vessel located at an affected source, except 
for those storage vessels exempted by paragraph (b) of this section, the 
owner or operator shall comply with the requirements of Secs. 63.119 
through 63.123 and Sec. 63.148 of subpart G, with the differences noted 
in paragraphs (c) through (q) of this section.

[[Page 478]]

    (b) Storage vessels described in paragraphs (b)(1) through (b)(7) of 
this section are exempt from the storage vessel requirements of this 
section.
    (1) Storage vessels containing styrene-butadiene latex;
    (2) Storage vessels containing other latex products and located 
downstream of the stripping operations;
    (3) Storage vessels containing high conversion latex products;
    (4) Storage vessels located downstream of the stripping operations 
at affected sources subject to the back-end residual organic HAP 
limitation located in Sec. 63.494, that are complying through the use of 
stripping technology, as specified in Sec. 63.495;
    (5) Storage vessels containing styrene;
    (6) Storage vessels containing acrylamide; and
    (7) Storage vessels containing epichlorohydrin.
    (c) When the term ``storage vessel'' is used in Secs. 63.119 through 
63.123 and 63.148 of subpart G, the definition of this term in 
Sec. 63.482 shall apply for the purposes of this subpart.
    (d) When the term ``Group 1 storage vessel'' is used in Secs. 63.119 
through 63.123 and Sec. 63.148 of subpart G, the definition of this term 
in Sec. 63.482 shall apply for the purposes of this subpart.
    (e) When the term ``Group 2 storage vessel'' is used in Secs. 63.119 
through 63.123 and Sec. 63.148 of subpart G, the definition of this term 
in Sec. 63.482 shall apply for the purposes of this subpart.
    (f) When the emissions averaging provisions of Sec. 63.150 of 
subpart G are referred to in Sec. 63.119 and Sec. 63.123 of subpart G, 
the emissions averaging provisions contained in Sec. 63.503 shall apply 
for the purposes of this subpart.
    (g) When December 31, 1992 is referred to in Sec. 63.119 of subpart 
G, it shall be replaced with June 12, 1995 for the purposes of this 
subpart.
    (h) When April 22, 1994 is referred to in Sec. 63.119 of subpart G, 
it shall be replaced with September 5, 1996 for the purposes of this 
subpart.
    (i) Each owner or operator shall comply with this paragraph instead 
of Sec. 63.120(d)(1)(ii) of subpart G for the purposes of this subpart. 
If the control device used to comply with this section is also used to 
comply with Secs. 63.485 through Sec. 63.501, the performance test 
required for these sections is acceptable for demonstrating compliance 
with Sec. 63.119(e) of subpart G for the purposes of this subpart. The 
owner or operator will not be required to prepare a design evaluation 
for the control device as described in Sec. 63.120(d)(1)(i) of subpart 
G, if the performance test meets the criteria specified in paragraphs 
(i)(1) and (i)(2) of this section.
    (1) 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 Sec. 63.119(e)(2) of subpart G, as 
applicable; and
    (2) The performance test is submitted as part of the Notification of 
Compliance Status required by Sec. 63.506(e)(5).
    (j) When the term ``operating range'' is used in 
Sec. 63.120(d)(3)(i) of subpart G, it shall be replaced with the term 
``level,'' for the purposes of this subpart. This level shall be 
established using the procedures specified in Sec. 63.505.
    (k) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) of subpart G are referred to in 
Secs. 63.120, 63.122, and 63.123 of subpart G, the Notification of 
Compliance Status requirements contained in Sec. 63.506(e)(5) shall 
apply for the purposes of this subpart.
    (l) When the Periodic Report requirements contained in 
Sec. 63.152(c) of subpart G are referred to in Secs. 63.120, 63.122, and 
63.123 of subpart G, the Periodic Report requirements contained in 
Sec. 63.506(e)(6) shall apply for the purposes of this subpart.
    (m) When other reports as required in Sec. 63.152(d) of subpart G 
are referred to in Sec. 63.122 of subpart G, the reporting requirements 
contained in Sec. 63.506(e)(7) shall apply for the purposes of this 
subpart.
    (n) When the Implementation Plan requirements contained in 
Sec. 63.151(c) of subpart G are referred to in Sec. 63.119 through 
Sec. 63.123 of subpart G, for the purposes of this subpart the owner or 
operator of an affected source need not comply.
    (o) When the Initial Notification Plan requirements contained in 
Sec. 63.151(b) of subpart G are referred to in Sec. 63.119 through 
Sec. 63.123 of subpart G,

[[Page 479]]

for the purposes of this subpart the owner or operator of an affected 
source need not comply.
    (p) When the determination of equivalence criteria in Sec. 63.102(b) 
of subpart F are referred to in Sec. 63.121(a) of subpart G, the 
provisions in Sec. 63.6(g) of subpart A shall apply for the purposes of 
this subpart.
    (q) The compliance date for storage vessels at affected sources 
subject to the provisions of this section is specified in Sec. 63.481.



Sec. 63.485  Continuous front-end process vent provisions.

    (a) For each continuous front-end process vent located at an 
affected source, the owner or operator shall comply with the 
requirements of Secs. 63.113 through 63.118 of subpart G, except as 
provided for in paragraphs (b) through (s) of this section. Continuous 
front-end process vents that are combined with one or more batch front-
end process vents shall comply with paragraph (m) or (n) of this 
section.
    (b) When the term ``process vent'' is used in Secs. 63.113 through 
63.118 of subpart G, it shall be replaced with the term ``continuous 
front-end process vent,'' and the definition of this term in Sec. 63.482 
shall apply for the purposes of this subpart.
    (c) When the term ``halogenated process vent'' is used in 
Secs. 63.113 through 63.118 of subpart G, it shall be replaced with the 
term ``halogenated continuous front-end process vent,'' and the 
definition of this term in Sec. 63.482 shall apply for the purposes of 
this subpart.
    (d) When the term ``Group 1 process vent'' is used in Secs. 63.113 
through 63.118 of subpart G, it shall be replaced with the term ``Group 
1 continuous front-end process vent,'' and the definition of this term 
in Sec. 63.482 shall apply for the purposes of this subpart.
    (e) When the term ``Group 2 process vent'' is used in Secs. 63.113 
through 63.118 of subpart G, it shall be replaced with the term ``Group 
2 continuous front-end process vent,'' and the definition of this term 
in Sec. 63.482 shall apply for the purposes of this subpart.
    (f) When December 31, 1992 is referred to in Sec. 63.113 of subpart 
G, it shall be replaced with June 12, 1995 for the purposes of this 
subpart.
    (g) When Secs. 63.151(f), alternative monitoring parameters, and 
63.152(e), submission of an operating permit, of subpart G are referred 
to in Secs. 63.114(c) and 63.117(e) of subpart G, Sec. 63.506(f), 
alternative monitoring parameters, and Sec. 63.506(e)(8), submission of 
an operating permit, respectively, shall apply for the purposes of this 
subpart.
    (h) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) of subpart G are referred to in 
Secs. 63.114, 63.117, and 63.118 of subpart G, the Notification of 
Compliance Status requirements contained in Sec. 63.506(e)(5) shall 
apply for the purposes of this subpart.
    (i) When the Periodic Report requirements contained in 
Sec. 63.152(c) of subpart G are referred to in Secs. 63.117 and 63.118 
of subpart G, the Periodic Report requirements contained in 
Sec. 63.506(e)(6) shall apply for the purposes of this subpart.
    (j) When the definition of excursion in Sec. 63.152(c)(2)(ii)(A) of 
subpart G is referred to in Sec. 63.118(f)(2) of subpart G, the 
definition of excursion in Sec. 63.505(g) and (h) shall apply for the 
purposes of this subpart.
    (k) For the purposes of this subpart, owners and operators shall 
comply with Sec. 63.505, parameter monitoring levels and excursions, 
instead of Sec. 63.114(e) of subpart G. When the term ``range'' is used 
in Sec. 63.117(f), Sec. 63.118(a)(2)(iv), (b)(2)(iv), (f)(1), and (f)(6) 
of subpart G, it shall be replaced with the term ``level.'' This level 
is determined in accordance with Sec. 63.505.
    (l) When reports of process changes are required under Sec. 63.118 
(g), (h), (i), and (j) of subpart G, paragraphs (l)(1) through (l)(4) of 
this section shall apply for the purposes of this subpart.
    (1) Whenever a process change, as defined in Sec. 63.115(e) of 
subpart G, is made that causes a Group 2 continuous front-end process 
vent to become a Group 1 continuous front-end process vent, the owner or 
operator shall submit the following information in the first periodic 
report following the process change, as specified in 
Sec. 63.506(e)(6)(iii)(D)(2):
    (i) A description of the process change; and
    (ii) A schedule for compliance with Sec. 63.113(a) of subpart G, as 
required under Sec. 63.506(e)(6)(iii)(D)(2).

[[Page 480]]

    (2) Whenever a process change, as defined in Sec. 63.115(e) of 
subpart G, is made that causes a Group 2 continuous front-end process 
vent with a TRE greater than 4.0 to become a Group 2 continuous front-
end process vent with a TRE less than 4.0, the owner or operator shall 
submit the following information in the first periodic report following 
the process change, as specified in Sec. 63.506(e)(6)(iii)(D)(2):
    (i) A description of the process change; and
    (ii) A schedule for compliance with the provisions of Sec. 63.113(d) 
of subpart G, as required under Sec. 63.506(e)(6)(iii)(D)(2).
    (3) Whenever a process change, as defined in Sec. 63.115(e) of 
subpart G, is made that causes a Group 2 continuous front-end process 
vent with a flow rate less than 0.005 standard cubic meter per minute 
(scmm) to become a Group 2 continuous front-end process vent with a flow 
rate of 0.005 scmm or greater and a TRE index value less than or equal 
to 4.0, the owner or operator shall submit the following information in 
the first periodic report following the process change, as specified in 
Sec. 63.506(e)(6)(iii)(D)(2):
    (i) A description of the process change; and
    (ii) A schedule for compliance with two provisions of Sec. 63.113(d) 
of subpart G, as required under Sec. 63.506(e)(6)(iii)(D)(2).
    (4) Whenever a process change, as defined in Sec. 63.115(e) of 
subpart G, is made that causes a Group 2 continuous front-end process 
vent with an organic HAP concentration less than 50 parts per million by 
volume (ppmv) to become a Group 2 continuous front-end process vent with 
an organic HAP concentration of 50 ppmv or greater and a TRE index value 
less than or equal to 4.0, the owner or operator shall submit the 
following information in the first periodic report following the process 
change, as specified in Sec. 63.506(e)(6)(iii)(D)(2):
    (i) A description of the process change; and
    (ii) A schedule for compliance with the provisions of Sec. 63.113(d) 
of subpart G, as required under Sec. 63.506(e)(6)(iii)(D)(2).
    (m) If a batch front-end process vent is combined with a continuous 
front-end process vent prior to being routed to a control device, the 
combined vent stream shall comply with either paragraph (m)(1) or (m)(2) 
of this section, as appropriate.
    (1) If the continuous front-end process vent is a Group 1 continuous 
front-end process vent, the combined vent stream shall comply with all 
requirements for a Group 1 continuous process vent stream in 
Secs. 63.113 through 63.118 of subpart G, with the differences noted in 
paragraphs (b) through (l) of this section.
    (2) If the continuous front-end process vent is a Group 2 continuous 
front-end process vent, the TRE index value shall be calculated during 
maximum representative operating conditions. For combined streams 
containing continuous front-end and batch front-end process vents, the 
maximum representative operating conditions shall be during periods when 
batch emission episodes are venting to the control device resulting in 
the highest concentration of organic HAP in the combined vent stream.
    (n) If a batch front-end process vent is combined with a continuous 
front-end process vent prior to being routed to a recovery device, the 
TRE index value shall be calculated at the exit of the recovery device 
at maximum representative operating conditions. For combined vent 
streams containing continuous front-end and batch front-end process 
vents, the maximum representative operating conditions shall be during 
periods when batch emission episodes are venting to the recovery device 
resulting in the highest concentration of organic HAP in the combined 
vent stream.
    (o) Group 1 halogenated continuous front-end process vents at 
affected existing sources producing butyl rubber, halobutyl rubber, or 
ethylene propylene rubber are exempt from the requirements to control 
hydrogen halides and halogens from the outlet of combustion devices 
contained in Sec. 63.113(c) of subpart G, if the conditions in 
paragraphs (o)(1) and (o)(2) of this section are met. Affected new 
sources are not exempt from these provisions.

[[Page 481]]

    (1)(i) For affected sources producing butyl rubber, halobutyl 
rubber, or ethylene propylene rubber using a solution process, if the 
halogenated continuous front-end process vent stream was controlled by a 
combustion device prior to June 12, 1995, or
    (ii) For affected sources producing ethylene propylene rubber using 
a gas-phased reaction process, if the halogenated continuous front-end 
process vent stream was controlled by a combustion device since startup.
    (2) The combustion device meets the requirements of 
Sec. 63.113(a)(1)(i), Sec. 63.113(a)(2), Sec. 63.113(a)(3), or 
Sec. 63.113(b) of subpart G.
    (p) The compliance date for continuous front-end process vents 
subject to the provisions of this section is specified in Sec. 63.481. 
This replaces the reference to Sec. 63.100 of subpart F in 
Sec. 63.115(e)(2) of subpart G.
    (q) Internal combustion engines. In addition to the three options 
for the control of a Group 1 continuous front-end process vent listed in 
Sec. 63.113(a) (1)-(3) of subpart G, an owner or operator can route 
emissions of organic HAP to an internal combustion engine, provided the 
conditions listed in paragraphs (q)(1) through (q)(3) of this section 
are met.
    (1) The vent stream routed to the internal combustion engine shall 
not be a halogenated continuous front-end process vent stream.
    (2) The organic HAP is introduced with the primary fuel.
    (3) The owner or operator continuously monitors the on/off status of 
the internal combustion engine.
    (4) If an internal combustion engine meeting the requirements of 
paragraphs (q) (1) through (3) of this section is used to comply with 
the provisions of Sec. 63.113(a) of subpart G, the internal combustion 
engine is exempt from the source testing requirements of Sec. 63.116 of 
subpart G.
    (r) When the provisions of Sec. 63.116 (c)(3) and (c)(4) of subpart 
G specify that Method 18 shall be used, Method 18 or Method 25A may be 
used for the purposes of this subpart. The use of Method 25A shall 
comply with paragraphs (r)(1) and (r)(2) of this section.
    (1) The organic HAP used as the calibration gas for Method 25A shall 
be the single organic HAP representing the largest percent by volume of 
the emissions.
    (2) The use of Method 25A 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.
    (s) When the provisions of Sec. 63.116(b) identify conditions under 
which a performance test is not required, for purposes of this subpart, 
the exemption in paragraph (s)(1) of this section shall also apply. 
Further, if a performance test meeting the conditions specified in 
paragraph (s)(2) of this section has been conducted by the owner or 
operator, the results of that performance test shall suffice, for the 
purposes of this section.
    (1) An incinerator burning hazardous waste for which the owner or 
operator complies with the requirements of 40 CFR part 264, subpart O.
    (2) Performance tests done for other subparts in part 60 or part 63 
where total organic HAP or TOC was measured, provided that the owner or 
operator can demonstrate that operating conditions for the process and 
control or recovery device during the performance test are 
representative of current operating conditions.



Sec. 63.486   Batch front-end process vent provisions.

    (a) Batch front-end process vents. Except as specified in paragraph 
(b) of this section, owners and operators of new and existing affected 
sources with batch front-end process vents shall comply with the 
requirements in Secs. 63.487 through 63.492. The batch front-end process 
vent group status shall be determined in accordance with Sec. 63.488. 
Batch front-end process vents classified as Group 1 shall comply with 
the reference control technology requirements for Group 1 batch front-
end process vents in Sec. 63.487, the monitoring requirements in 
Sec. 63.489, the performance test methods and procedures to determine 
compliance requirements in Sec. 63.490, the recordkeeping requirements 
in Sec. 63.491, and the reporting requirements in Sec. 63.492. All Group 
2 batch front-end process vents shall

[[Page 482]]

comply with the applicable reference control technology requirements in 
Sec. 63.487, the recordkeeping requirements in Sec. 63.491, and the 
reporting requirements in Sec. 63.492.
    (b) Aggregate batch vent streams. Aggregate batch vent streams, as 
defined in Sec. 63.482, are subject to the control requirements for 
individual batch front-end process vents, as specified in 
Sec. 63.487(b), as well as the monitoring, testing, recordkeeping, and 
reporting requirements specified in Sec. 63.489 through Sec. 63.492.



Sec. 63.487   Batch front-end process vents--reference control technology.

    (a) Batch front-end process vents. The owner or operator of a Group 
1 batch front-end process vent, as determined using the procedures in 
Sec. 63.488, shall comply with the requirements of either paragraph 
(a)(1) or (a)(2) of this section. Compliance can be based on either 
organic HAP or TOC.
    (1) For each batch front-end process vent, reduce organic HAP 
emissions using a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b) of 
subpart A.
    (ii) Halogenated batch front-end process vents, as defined in 
Sec. 63.482, shall not be vented to a flare.
    (2) For each batch front-end process vent, reduce organic HAP 
emissions for the batch cycle by 90 weight percent using a control 
device. Owners or operators may achieve compliance with this paragraph 
through the control of selected batch emission episodes or the control 
of portions of selected batch emission episodes. Documentation 
demonstrating how the 90 weight percent emission reduction is achieved 
is required by Sec. 63.490(c)(2).
    (b) Aggregate batch vent streams. The owner or operator of an 
aggregate batch vent stream that contains one or more Group 1 batch 
front-end process vents shall comply with the requirements of either 
paragraph (b)(1) or (b)(2) of this section. Compliance can be based on 
either organic HAP or TOC.
    (1) For each aggregate batch vent stream, reduce organic HAP 
emissions using a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b) of 
subpart A.
    (ii) Halogenated aggregate batch vent streams, as defined in 
Sec. 63.482, shall not be vented to a flare.
    (2) For each aggregate batch vent stream, reduce organic HAP 
emissions by 90 weight percent on a continuous basis using a control 
device.
    (c) Halogenated emissions. Halogenated Group 1 batch front-end 
process vents, halogenated aggregate batch vent streams, and halogenated 
continuous front-end process vents that are combusted as part of 
complying with paragraph (a)(2) or (b)(2) of this section, shall be 
controlled according to either paragraph (c)(1) or (c)(2) of this 
section.
    (1) If a combustion device is used to comply with paragraph (a)(2) 
or (b)(2) of this section for a halogenated batch front-end process vent 
or halogenated aggregate batch vent stream, the emissions shall be 
ducted from the combustion device to an additional control device that 
reduces overall emissions of hydrogen halides and halogens by 99 percent 
before those emissions are discharged to the atmosphere.
    (2) A control device may be used to reduce the halogen atom mass 
emission rate to less than 3,750 kg/yr for batch front-end process vents 
or aggregate batch vent streams and thus make the batch front-end 
process vent or aggregate batch vent stream nonhalogenated. The 
nonhalogenated batch front-end process vent or aggregate batch vent 
stream must then comply with the requirements of either paragraph (a) or 
(b) of this section, as appropriate.
    (d) If a boiler or process heater is used to comply with the percent 
reduction requirement specified in paragraph (a)(2) or (b)(2) of this 
section, the batch front-end process vent or aggregate batch vent stream 
shall be introduced into the flame zone of such a device.
    (e) Combination of batch front-end process vents or aggregate batch 
vent streams with continuous front-end process vents. A batch front-end 
process vent or aggregate batch vent stream combined with a continuous 
front-end process

[[Page 483]]

vent stream is not subject to the provisions of Secs. 63.488 through 
63.492, providing the requirements of paragraphs (e)(1), (e)(2), and 
either (e)(3) or (e)(4) of this section are met.
    (1) The batch front-end process vent is combined with a continuous 
front-end process vent prior to routing the continuous front-end process 
vent to a control or recovery device. In this paragraph, the definitions 
of control device and recovery device as they relate to continuous 
front-end process vents shall be used.
    (2) The only emissions to the atmosphere from the batch front-end 
process vent or aggregate batch vent stream prior to being combined with 
the continuous front-end process vent are from equipment subject to and 
in compliance with Sec. 63.502.
    (3) If the batch front-end vent stream or aggregate batch vent 
stream is combined with a continuous front-end process vent stream prior 
to being routed to a control device, the combined vent stream shall 
comply with the requirements in Sec. 63.485(m). In this paragraph, the 
definition of control device as it relates to continuous front-end 
process vents shall be used.
    (4) If the batch front-end process vent or aggregate batch vent 
stream is combined with a continuous front-end process vent stream prior 
to being routed to a recovery device, the combined vent stream shall 
comply with the requirements in Sec. 63.485(n). In this paragraph, the 
definition of recovery device as it relates to continuous front-end 
process vents shall be used.
    (f) Group 2 batch front-end process vents with annual emissions 
greater than or equal to the level specified in Sec. 63.488(d). The 
owner or operator of a Group 2 batch front-end process vent with annual 
emissions greater than or equal to the level specified in Sec. 63.488(d) 
shall comply with the provisions of paragraphs (f)(1) and (f)(2) of this 
section.
    (1) Establish a batch cycle limitation that ensures that the Group 2 
batch front-end process vent does not become a Group 1 batch front-end 
process vent, and
    (2) Comply with the recordkeeping requirements in Sec. 63.491(d)(2), 
and the reporting requirements in Sec. 63.492(a)(3) and (b).
    (g) Group 2 batch front-end process vents with annual emissions less 
than the level specified in Sec. 63.488(d). The owner or operator of a 
Group 2 batch front-end process vent with annual organic HAP emissions 
less than the level specified in Sec. 63.488(d), shall comply with 
either paragraphs (g)(1) and (g)(2) of this section or with paragraphs 
(f)(1) and (f)(2) of this section.
    (1) Establish a batch cycle limitation that ensures emissions do not 
exceed the appropriate level specified in Sec. 63.488(d), and
    (2) Comply with the recordkeeping requirements in Sec. 63.491(d)(1), 
and the reporting requirements in Sec. 63.492(a)(2), (b), and (c).



Sec. 63.488   Methods and procedures for batch front-end process vent group determination.

    (a) General requirements. Except as provided in paragraph (a)(3) of 
this section, the owner or operator of batch front-end process vents at 
affected sources shall determine the group status of each batch front-
end process vent in accordance with the provisions of this section. This 
determination may be based on either organic HAP or TOC emissions.
    (1) The procedures specified in paragraphs (b) through (i) shall be 
followed for the expected mix of products for a given batch front-end 
process vent, as specified in paragraph (a)(1)(i) of this section, or 
for the worst-case HAP emitting batch unit operation, as specified in 
paragraphs (a)(1)(ii) through (a)(1)(iv) of this section. ``Worst-case 
HAP emitting product'' is defined in paragraph (a)(1)(iii) of this 
section.
    (i) If an owner or operator chooses to follow the procedures 
specified in paragraphs (b) through (i) of this section for the expected 
mix of products, an identification of the different products and the 
number of batch cycles accomplished for each is required as part of the 
group determination documentation.
    (ii) If an owner or operator chooses to follow the procedures 
specified in paragraphs (b) through (i) of this section for the worst-
case HAP emitting product, documentation identifying the

[[Page 484]]

worst-case HAP emitting product is required as part of the group 
determination documentation.
    (iii) Except as specified in paragraph (a)(1)(iii)(B) of this 
section, the worst-case HAP emitting product is as defined in paragraph 
(a)(1)(iii)(A) of this section.
    (A) The worst-case HAP emitting product is the one with the highest 
mass emission rate (kg organic HAP per hour) averaged over the entire 
time period of the batch cycle.
    (B) Alternatively, when one product is produced more than 75 percent 
of the time, accounts for more than 75 percent of the annual mass of 
product, and the owner or operator can show that the mass emission rate 
(kg organic HAP per hour) averaged over the entire time period of the 
batch cycle can reasonably be expected to be similar to the mass 
emission rate for other products having emissions from the same batch 
front-end process vent, that product may be considered the worst-case 
HAP emitting product.
    (C) An owner or operator shall determine the worst-case HAP emitting 
product for a batch front-end process vent as specified in paragraphs 
(a)(1)(iii)(C)(1) through (a)(1)(iii)(C)(3) of this section.
    (1) The emissions per batch emission episode shall be determined 
using any of the procedures specified in paragraph (b) of this section. 
The mass emission rate (kg organic HAP per hour) averaged over the 
entire time period of the batch cycle shall be determined by summing the 
emissions for each batch emission episode making up a complete batch 
cycle and dividing by the total duration in hours of the batch cycle.
    (2) To determine the worst-case HAP emitting product as specified 
under paragraph (a)(1)(iii)(A) of this section, the mass emission rate 
for each product shall be determined and compared.
    (3) To determine the worst-case HAP emitting product as specified 
under paragraph (a)(1)(iii)(B) of this section, the mass emission rate 
for the product meeting the time and mass criteria of paragraph 
(a)(1)(iii)(B) of this section shall be determined, and the owner or 
operator shall provide adequate information to demonstrate that the mass 
emission rate for said product is similar to the mass emission rates for 
the other products having emissions from the same batch process vent. In 
addition, the owner or operator shall provide information demonstrating 
that the selected product meets the time and mass criteria of paragraph 
(a)(1)(iii)(B) of this section.
    (iv) The annual production of the worst-case HAP emitting product 
shall be determined by ratioing the production time of the worst-case 
product up to a 12 month period of actual production. It is not 
necessary to ratio up to a maximum production rate (i.e., 8,760 hours 
per year at maximum design production).
    (2) The annual uncontrolled organic HAP or TOC emissions and average 
flow rate shall be determined at the exit from the batch unit operation. 
For the purposes of these determinations, the primary condenser 
operating as a reflux condenser on a distillation column, the primary 
condenser recovering monomer or solvent from a batch stripping 
operation, and the primary condenser recovering monomer or solvent from 
a batch distillation operation shall be considered part of the batch 
unit operation. All other devices that recover or oxidize organic HAP or 
TOC vapors shall be considered control devices as defined in 
Sec. 63.482.
    (3) The owner or operator of a batch front-end process vent 
complying with the flare provisions in Sec. 63.487(a)(1) or 
Sec. 63.487(b)(1) or routing the batch front-end process vent to a 
control device to comply with the requirements in Sec. 63.487(a)(2) or 
Sec. 63.487(b)(2) is not required to perform the batch front-end process 
vent group determination described in this section, but shall comply 
with all requirements applicable to Group 1 batch front-end process 
vents.
    (b) Determination of annual emissions. The owner or operator shall 
calculate annual uncontrolled TOC or organic HAP emissions for each 
batch front-end process vent using the methods described in paragraphs 
(b)(1) through (b)(8) of this section. Paragraphs (b)(1) through (b)(4) 
of this section present procedures that can be used to calculate the 
emissions from individual batch emission episodes. Emissions

[[Page 485]]

from batch front-end processes involving multicomponent systems are to 
be calculated using the procedures in paragraphs (b)(1) through (b)(4) 
of this section. Individual HAP partial pressures in multicomponent 
systems shall be determined by the following methods: If the components 
are miscible in one another, use Raoult's law to calculate the partial 
pressures; if the solution is a dilute aqueous mixture, use Henry's law 
constants to calculate partial pressures; if Raoult's law or Henry's law 
are not appropriate or available, use experimentally obtained activity 
coefficients, Henry's law constants, or solubility data; if Raoult's law 
or Henry's law are not appropriate, use models, such as the group-
contribution models, to predict activity coefficients; and if Raoult's 
law or Henry's law are not appropriate, assume the components of the 
system behave independently and use the summation of all vapor pressures 
from the HAP's as the total HAP partial pressure. Chemical property data 
can be obtained from standard reference texts. Paragraph (b)(5) of this 
section describes how direct measurement can be used to estimate 
emissions. If the owner or operator can demonstrate that the procedures 
in paragraphs (b)(1) through (b)(4) of this section are not appropriate 
to estimate emissions from a batch front-end process emission episode, 
emissions may be estimated using engineering assessment, as described in 
paragraph (b)(6) of this section. Owners or operators are not required 
to demonstrate that direct measurement is not appropriate before 
utilizing engineering assessment. Paragraph (b)(6)(ii) of this section 
describes how an owner or operator shall demonstrate that the procedures 
in paragraphs (b)(1) through (b)(4) of this section are not appropriate. 
Emissions from a batch cycle shall be calculated in accordance with 
paragraph (b)(7) of this section, and annual emissions from the batch 
front-end process vent shall be calculated in accordance with paragraph 
(b)(8) of this section.
    (1) TOC or organic HAP emissions from the purging of an empty vessel 
shall be calculated using Equation 1. This equation does not take into 
account evaporation of any residual liquid in the vessel.
[GRAPHIC] [TIFF OMITTED] TR05SE96.000

where:

Eepisode=Emissions, kg/episode.
Vves=Volume of vessel, m3.
P=TOC or total organic HAP partial pressure, kPa.
MWWAVG=Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(iii) of 
this section, kg/kmol.
R=Ideal gas constant, 8.314 m3kPa/kmol deg.K.
T=Temperature of vessel vapor space,  deg.K.
m=Number of volumes of purge gas used.

    (2) TOC or organic HAP emissions from the purging of a filled vessel 
shall be calculated using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR05SE96.001


[[Page 486]]


where:

Eepisode=Emissions, kg/episode.
y=Saturated mole fraction of all TOC or organic HAP in vapor phase.
Vdr=Volumetric gas displacement rate, m3/min.
P=Pressure in vessel vapor space, kPa.
MWWAVG=Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(iii) of 
this section, kg/kmol.
R=Ideal gas constant, 8.314 m3kPa/kmol deg.K.
T=Temperature of vessel vapor space,  deg.K.
Pi=Vapor pressure of TOC or individual organic HAP i, kPa.
xi=Mole fraction of TOC or organic HAP i in the liquid.
n=Number of organic HAP in stream.
    Note: Summation not required if TOC emissions are being estimated.
Tm=Minutes/episode.

    (3) Emissions from vapor displacement due to transfer of material 
into or out of a vessel shall be calculated using Equation 3.
[GRAPHIC] [TIFF OMITTED] TR05SE96.002

where:

Eepisode=Emissions, kg/episode.
y=Saturated mole fraction of all TOC or organic HAP in vapor phase.
V=Volume of gas displaced from the vessel, m3.
P=Pressure of vessel vapor space, kPa.
MWWAVG=Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(iii) of 
this section, kg/kmol.
R=Ideal gas constant, 8.314 m3kPa/kmol deg.K.
T=Temperature of vessel vapor space,  deg.K.
    (4) Emissions caused by the heating of a vessel shall be calculated 
using the procedures in either paragraph (b)(4)(i), (b)(4)(ii), or 
(b)(4)(iii) of this section, as appropriate.
    (i) If the final temperature to which the vessel contents is heated 
is lower than 50 K below the boiling point of the HAP in the vessel, 
then emissions shall be calculated using the equations in paragraphs 
(b)(4)(i)(A) through (b)(4)(i)(D) of this section.
    (A) Emissions caused by heating of a vessel shall be calculated 
using Equation 4. The assumptions made for this calculation are 
atmospheric pressure of 760 mm Hg and the displaced gas is always 
saturated with VOC vapor in equilibrium with the liquid mixture.
[GRAPHIC] [TIFF OMITTED] TR05SE96.003

where:

Eepisode=Emissions, kg/episode.

[[Page 487]]

(Pi)T1, (Pi)T2=Partial pressure (kPa) TOC or each 
organic HAP in the vessel headspace at initial (T1) and final (T2) 
temperature.
n=Number of organic HAP in stream. Note: Summation not required if TOC 
emissions are being estimated.
=Number of kilogram-moles (kg-moles) of gas 
displaced, determined in accordance with paragraph (b)(4)(i)(B) of this 
section.
101.325=Constant, kPa.
(MWWAVG,T1), (MWWAVG,T2)=Weighted average 
molecular weight of TOC or organic HAP in vapor, determined in 
accordance with paragraph (b)(4)(iii) of this section.

    (B) The moles of gas displaced, , is calculated 
using equation 5.
[GRAPHIC] [TIFF OMITTED] TR05SE96.004

where:
=Number of kg-moles of gas displaced.
Vfs=Volume of free space in the vessel, m3.
R=Ideal gas constant, 8.314 m3kPa/kmolK.
Pa1=Initial noncondensible gas pressure in the vessel, kPa.
Pa2=Final noncondensible gas pressure, kPa.
T1=Initial temperature of vessel, K.
T2=Final temperature of vessel, K.
    (C) The initial and final pressure of the noncondensible gas in the 
vessel shall be calculated using equation 6.
[GRAPHIC] [TIFF OMITTED] TR05SE96.005

where:

Pa=Initial or final partial pressure of noncondensible gas in the vessel 
headspace, kPa.
101.325=Constant, kPa.
(Pi)T=Partial pressure of TOC or each organic HAP i in the 
vessel headspace, kPa, at the initial or final temperature 
(T1 or T2).
n=Number of organic HAP in stream. Note: Summation not required if TOC 
emissions are being estimated.

    (D) The weighted average molecular weight of organic HAP in the 
displaced gas, MWHAP, shall be calculated using equation 7:
[GRAPHIC] [TIFF OMITTED] TR05SE96.006

where:

c=TOC or organic HAP component
n=Number of TOC or organic HAP components in stream.

    (ii) If the vessel contents are heated to a temperature greater than 
50 K below the boiling point, then emissions from the heating of a 
vessel shall be calculated as the sum of the emissions calculated in 
accordance with paragraphs (b)(4)(ii)(A) and (b)(4)(ii)(B) of this 
section.
    (A) For the interval from the initial temperature to the temperature 
50 K below the boiling point, emissions shall be calculated using 
Equation 4, where T2 is the temperature 50 K below the 
boiling point.
    (B) For the interval from the temperature 50 K below the boiling 
point to the final temperature, emissions shall be calculated as the 
summation of emissions for each 5 K increment, where the emissions for 
each increment shall be calculated using Equation 4.
    (1) If the final temperature of the heatup is lower than 5 K below 
the boiling point, the final temperature for the last increment shall be 
the final temperature for the heatup, even if the last increment is less 
than 5 K.

[[Page 488]]

    (2) If the final temperature of the heatup is higher than 5 K below 
the boiling point, the final temperature for the last increment shall be 
the temperature 5 K below the boiling point, even if the last increment 
is less than 5 K.
    (3) If the vessel contents are heated to the boiling point and the 
vessel is not operating with a condenser, the final temperature for the 
final increment shall be the temperature 5 K below the boiling point, 
even if the last increment is less than 5 K.
    (iii) If the vessel is operating with a condenser, and the vessel 
contents are heated to the boiling point, the primary condenser is 
considered part of the process, as described in Sec. 63.488(a)(2). 
Emissions shall be calculated as the sum of Equation 4, which calculates 
emissions due to heating the vessel contents to the temperature of the 
gas exiting the condenser, and Equation 3, which calculates emissions 
due to the displacement of the remaining saturated noncondensible gas in 
the vessel. The final temperature in Equation 4 shall be set equal to 
the exit gas temperature of the condenser. Equation 3 shall be used as 
written below in Equation 3a, using free space volume, and T2 
is set equal to the condenser exit gas temperature.
[GRAPHIC] [TIFF OMITTED] TR05SE96.007

where:

Eepisode=Organic HAP emissions, kg/episode.
yi=Saturated mole fraction of organic HAP in the vapor phase.
Vfs=Volume of the free space in the vessel, m3.
PT=Pressure of the vessel vapor space, kPa.
MWHAP=Weighted average molecular weight of organic HAP in 
vapor, determined in accordance with paragraph (b)(4)(iii) of this 
section.
R=Ideal gas constant, 8.314 m3kPa/kmolK.
T=Temperature of condenser exit stream K.
n=Number of organic HAP in stream.

    (5) The owner or operator may estimate annual emissions for a batch 
emission episode by direct measurement. If direct measurement is used, 
the owner or operator shall either perform a test for the duration of a 
representative batch emission episode or perform a test during only 
those periods of the batch emission episode for which the emission rate 
for the entire episode can be determined or for which the emissions are 
greater than the average emission rate of the batch emission episode. 
The owner or operator choosing 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 batch process 
vent conditions. Performance tests shall follow the procedures specified 
in paragraphs (b)(5)(i) through (b)(5)(iii) of this section. The 
procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this section 
shall be used to calculate the emissions per batch emission episode.
    (i) Method 1 or 1A, as appropriate, shall be used for selection of 
the sampling sites if the flow measuring device is a pitot tube. No 
traverse is necessary when Method 2A or 2D is used to determine gas 
stream volumetric flow rate.
    (ii) Gas stream volumetric flow rate and/or average flow rate shall 
be determined as specified in paragraph (e) of this section.
    (iii) Method 18 or Method 25A, of 40 CFR part 60, appendix A, shall 
be used to determine the concentration of TOC or organic HAP, as 
appropriate. The use of Method 25A shall comply with paragraphs 
(b)(5)(iii)(A) and (b)(5)(iii)(B) of this section.
    (A) The organic HAP used as the calibration gas for Method 25A shall 
be the single organic HAP representing the largest percent by volume of 
the emissions.
    (B) The use of Method 25A 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

[[Page 489]]

instrument is zeroed on the most sensitive scale.
    (iv) If an integrated sample is taken over the entire batch emission 
episode to determine TOC or average total organic HAP concentration, 
emissions shall be calculated using Equation 8.
[GRAPHIC] [TIFF OMITTED] TR05SE96.008

where:

Eepisode=Emissions, kg/episode
K=Constant, 2.494  x  10-6 (ppmv) -1 (gm-mole/scm) 
(kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj=Average concentration of TOC or sample organic HAP 
component j of the gas stream for the batch emission episode, dry basis, 
ppmv.
Mj=Molecular weight of TOC or sample component j of the gas 
stream, dry basis, gm/gm-mole.
AFR=Average flow rate of gas stream, dry basis, scmm.
Th=Hours/episode
n=Number of organic HAP in stream. Note: Summation not required if TOC 
emissions are being estimated using a TOC concentration measured using 
Method 25A.

    (v) If grab samples are taken to determine TOC or average total 
organic HAP concentration, emissions shall be calculated according to 
paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of this section.
    (A) For each measurement point, the emission rate shall be 
calculated using Equation 9.
[GRAPHIC] [TIFF OMITTED] TR05SE96.009

where:

Epoint=Emission rate for individual measurement point, kg/hr.
K=Constant, 2.494  x  10-6 (ppmv)-1 (gm-mole/scm) 
(kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj=Concentration of TOC or sample component j of the gas 
stream, dry basis, ppmv.
Mj=Molecular weight of TOC or sample component j of the gas 
stream, gm/gm-mole.
FR=Flow rate of gas stream for the measurement point, dry basis, scmm.
n=Number of organic HAP in stream. Note: Summation not required if TOC 
emissions are being estimated using a TOC concentration measured using 
Method 25A.

    (B) The emissions per batch emission episode shall be calculated 
using Equation 10.
[GRAPHIC] [TIFF OMITTED] TR05SE96.010

where:

Eepisode=Emissions, kg/episode.
DUR=Duration of the batch emission episode, hr/episode.
Ei=Emissions for measurement point i, kg/hr.
n=Number of measurements.
    (6) If the owner or operator can demonstrate that the methods in 
paragraphs (b)(1) through (b)(4) of this section are not appropriate to 
estimate emissions for a batch emissions episode, the owner or operator 
may use engineering assessment to estimate emissions as specified in 
paragraphs (b)(6)(i) and (b)(6)(ii) of this section. All data, 
assumptions, and procedures used in an engineering assessment shall be 
documented.
    (i) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results, provided the tests are representative of 
current operating practices.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Flow rate, TOC emission rate, or organic HAP emission rate 
specified or implied within a permit limit applicable to the batch 
front-end 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,
    (2) Estimation of flow rate based on physical equipment design, such 
as pump or blower capacities, and

[[Page 490]]

    (3) Estimation of TOC or organic HAP concentrations based on 
saturation conditions.
    (ii) The emissions estimation equations in paragraphs (b)(1) through 
(b)(4) of this section shall be considered inappropriate for estimating 
emissions for a given batch emissions episode if one or more of the 
criteria in paragraphs (b)(6)(ii)(A) through (b)(6)(ii)(B) of this 
section are met.
    (A) Previous test data are available that show a greater than 20 
percent discrepancy between the test value and the estimated value.
    (B) The owner or operator can demonstrate to the Administrator 
through any other means that the emissions estimation equations are not 
appropriate for a given batch emissions episode.
    (C) Data or other information supporting a finding that the 
emissions estimation equations are inappropriate as specified under 
paragraph (b)(6)(ii)(A) of this section shall be reported in the 
Notification of Compliance Status, as required in Sec. 63.506(e)(5).
    (D) Data or other information supporting a finding that the 
emissions estimation equations are inappropriate as specified under 
paragraph (b)(6)(ii)(B) of this section shall be reported in the 
Precompliance Report, as required in Sec. 63.506(e)(3).
    (7) For each batch front-end process vent, the TOC or organic HAP 
emissions associated with a single batch cycle shall be calculated using 
Equation 11.
[GRAPHIC] [TIFF OMITTED] TR05SE96.011

where:

Ecycle=Emissions for an individual batch cycle, kg/batch 
cycle.
Eepisodei=Emissions from a batch emission episode i, kg/
episode.
n=Number of batch emission episodes for the batch cycle.

    (8) Annual TOC or organic HAP emissions from a batch front-end 
process vent shall be calculated using Equation 12.
[GRAPHIC] [TIFF OMITTED] TR05SE96.012

where:

AE=Annual emissions from a batch front-end process vent, kg/yr.
Ni=Number of type i batch cycles performed annually, cycles/
year.
Ecyclei=Emissions from the batch front-end process vent 
associated with single type i batch cycle, as determined in paragraph 
(b)(7) of this section, kg/batch cycle.
n=Number of different types of batch cycles that cause the emission of 
TOC or organic HAP from the batch front-end process vent.

    (c) [Reserved]
    (d) Minimum emission level exemption. A batch front-end process vent 
with annual emissions less than 11,800 kg/yr is considered a Group 2 
batch front-end process vent and the owner or operator of that batch 
front-end process vent shall comply with the requirements in Sec. 63.487 
(f) or (g). The owner or operator of that batch front-end process vent 
is not required to comply with the provisions in paragraphs (e) through 
(g) of this section.
    (e) Determination of average flow rate. The owner or operator shall 
determine the average flow rate for each batch emission episode in 
accordance with one of the procedures provided in paragraphs (e)(1) 
through (e)(2) of this section. The annual average flow rate for a batch 
front-end process vent shall be calculated as specified in paragraph 
(e)(3) of this section.
    (1) Determination of the average flow rate for a batch emission 
episode by direct measurement shall be made using the procedures 
specified in paragraphs (e)(1)(i) through (e)(1)(iii) of this section.
    (i) The vent stream volumetric flow rate (Qs) for a batch 
emission episode, in scmm at 20  deg.C, shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (ii) The volumetric flow rate of a representative batch emission 
episode shall be measured every 15 minutes.
    (iii) The average flow rate for a batch emission episode shall be 
calculated using Equation 13.

[[Page 491]]

[GRAPHIC] [TIFF OMITTED] TR05SE96.013


where:

AFRepisode=Average flow rate for the batch emission episode, 
scmm.
FRi=Flow rate for individual measurement i, scmm.
n=Number of flow rate measurements taken during the batch emission 
episode.

    (2) The average flow rate for a batch emission episode may be 
determined by engineering assessment, as defined in paragraph (b)(6)(i) 
of this section. All data, assumptions, and procedures used shall be 
documented.
    (3) The annual average flow rate for a batch front-end process vent 
shall be calculated using Equation 14.
[GRAPHIC] [TIFF OMITTED] TR05SE96.014

where:

AFR=Annual average flow rate for the batch front-end process vent, scmm.
DURi=Duration of type i batch emission episodes annually, hr/
yr.
AFRepisode,i=Average flow rate for type i batch emission 
episode, scmm.
n=Number of types of batch emission episodes venting from the batch 
front-end process vent.

    (f) Determination of cutoff flow rate. For each batch front-end 
process vent, the owner or operator shall calculate the cutoff flow rate 
using Equation 15.
[GRAPHIC] [TIFF OMITTED] TR05SE96.015

where:

CFR=Cutoff flow rate, scmm.
AE=Annual TOC or organic HAP emissions, as determined in paragraph 
(b)(8) of this section, kg/yr.

    (g) Group 1/Group 2 status determination. The owner or operator 
shall compare the cutoff flow rate, calculated in accordance with 
paragraph (f) of this section, with the annual average flow rate, 
determined in accordance with paragraph (e)(3) of this section. The 
group determination status for each batch front-end process vent shall 
be made using the criteria specified in paragraphs (g)(1) and (g)(2) of 
this section.
    (1) If the cutoff flow rate is greater than or equal to the annual 
average flow rate of the stream, the batch front-end process vent is 
classified as a Group 1 batch front-end process vent.
    (2) If the cutoff flow rate is less than the annual average flow 
rate of the stream, the batch front-end process vent is classified as a 
Group 2 batch front-end process vent.
    (h) Determination of halogenation status. To determine whether a 
batch front-end process vent or an aggregate batch vent stream is 
halogenated, the annual mass emission rate of halogen atoms contained in 
organic compounds shall be calculated using the procedures specified in 
paragraphs (h)(1) through (h)(3) of this section.
    (1) The concentration of each organic compound containing halogen 
atoms (ppmv, by compound) for each batch emission episode shall be 
determined based on the following procedures:
    (i) Process knowledge that no halogens or hydrogen halides are 
present in the process may be used to demonstrate that a batch emission 
episode is nonhalogenated. Halogens or hydrogen halides that are 
unintentionally introduced into the process shall not be considered in 
making a finding that a batch emission episode is nonhalogenated.
    (ii) Engineering assessment as discussed in paragraph (b)(6)(i) of 
this section.
    (iii) Concentration of organic compounds containing halogens and 
hydrogen halides as measured by Method 26 or 26A of 40 CFR part 60, 
appendix A.
    (iv) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (2) The annual mass emissions of halogen atoms for a batch front-end 
process vent shall be calculated using Equation 16.

[[Page 492]]

[GRAPHIC] [TIFF OMITTED] TR05SE96.016


where:

Ehalogen=Mass of halogen atoms, dry basis, kg/yr.
K=Constant, 0.022 (ppmv)-1 (kg-mole per scm) (min/yr), where 
standard temperature is 20 deg.C.
AFR=Annual average flow rate of the batch front-end process vent, 
determined according to paragraph (e) of this section, scmm.
Mj,i=Molecular weight of halogen atom i in compound j, kg/kg-
mole.
Lj,i=Number of atoms of halogen i in compound j.
n=Number of halogenated compounds j in the batch front-end process vent.
m=Number of different halogens i in each compound j of the batch front-
end process vent.

Cavgj=Average annual concentration of halogenated compound j 
in the batch front-end process vent, as determined by using Equation 17, 
dry basis, ppmv.
[GRAPHIC] [TIFF OMITTED] TR05SE96.017

where:

DURi=Duration of type i batch emission episodes annually, hr/
yr.
Ci=Average concentration of halogenated compound j in type i 
batch emission episode, ppmv.
n=Number of types of batch emission episodes venting from the batch 
front-end process vent.
    (3) The annual mass emissions of halogen atoms for an aggregate 
batch vent stream shall be the sum of the annual mass emissions of 
halogen atoms for all batch front-end process vents included in the 
aggregate batch vent stream.
    (i) Process changes affecting Group 2 batch front-end process vents. 
Whenever process changes, as described in paragraph (i)(1) of this 
section, are made that affect one or more Group 2 batch front-end 
process vents, the owner or operator shall comply with paragraphs (i)(2) 
and (i)(3) of this section.
    (1) 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 
modification of recovery equipment considered part of the batch unit 
operation as specified in paragraph (a)(2) of this section. An increase 
in the annual number of batch cycles beyond the batch cycle limitation 
constitutes a process change. For purposes of this paragraph, process 
changes do not include: Process upsets; unintentional, temporary process 
changes; and changes that are within the margin of variation on which 
the original group determination was based.
    (2) For each batch front-end process vent affected by a process 
change, the owner or operator shall redetermine the group status by 
repeating the procedures specified in paragraphs (b) through (g) of this 
section, as applicable. Alternatively, engineering assessment, as 
described in paragraph (b)(6)(i) of this section, can be used to 
determine the effects of the process change.
    (3) Based on the results of paragraph (i)(2) of this section, owners 
or operators shall comply with either paragraph (i)(3) (i), (ii), or 
(iii) of this section.
    (i) If the redetermination described in paragraph (i)(2) of this 
section indicates that a Group 2 batch front-end process vent has become 
a Group 1 batch front-end process vent as a result of the process 
change, the owner or operator shall submit a report as specified in 
Sec. 63.492(b) and shall comply with the Group 1 provisions in 
Sec. 63.487 through Sec. 63.492 in accordance with the compliance 
schedule described in Sec. 63.506(e)(6)(iii)(D)(2).
    (ii) If the redetermination described in paragraph (i)(2) of this 
section indicates that a Group 2 batch front-end

[[Page 493]]

process vent with annual emissions less than the applicable level 
specified in paragraph (d) of this section, and that is in compliance 
with Sec. 63.487(g), now has annual emissions greater than or equal to 
the applicable level specified by paragraph (d) of this section but 
remains a Group 2 batch front-end process vent, the owner or operator 
shall submit a report as specified in Sec. 63.492(c) and shall comply 
with Sec. 63.487(f) in accordance with the compliance schedule required 
by Sec. 63.506(e)(6)(iii)(D)(2).
    (iii) If the redetermination described in paragraph (i)(2) of this 
section indicates no change in group status or no change in the relation 
of annual emissions to the levels specified in paragraph (d) of this 
section, the owner or operator is not required to submit a report, as 
described in Sec. 63.492(d).



Sec. 63.489  Batch front-end process vents--monitoring requirements.

    (a) General requirements. Each owner or operator of a batch front-
end process vent or aggregate batch vent stream that uses a control 
device to comply with the requirements in Sec. 63.487(a)(2) or 
Sec. 63.487(b)(2) shall install the monitoring equipment specified in 
paragraph (b) of this section.
    (1) This monitoring equipment shall be in operation at all times 
when batch emission episodes, or portions thereof, that the owner or 
operator has selected to control are vented to the control device, or at 
all times when an aggregate batch vent stream is vented to the control 
device.
    (2) The owner or operator shall operate control devices such that 
monitored parameters remain above the minimum level or below the maximum 
level, as appropriate, established as specified in paragraph (e) of this 
section.
    (b) Batch front-end process vent and aggregate batch vent stream 
monitoring parameters. The monitoring equipment specified in paragraphs 
(b)(1) through (b)(8) of this section shall be installed as specified in 
paragraph (a) of this section. The parameters to be monitored are 
specified in Table 6 of this subpart.
    (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, 
the 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, ultra-violet beam sensor, or infrared sensor) capable of 
continuously detecting the presence of a pilot flame is required.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, a temperature monitoring device in 
the firebox equipped with a continuous recorder is required. Any boiler 
or process heater in which all batch front-end process vents or 
aggregate batch 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 concert with the combustion of halogenated batch front-end 
process vents, the following monitoring equipment is required for the 
scrubber:
    (i) A pH monitoring device equipped with a continuous recorder to 
monitor the pH of the scrubber effluent; and
    (ii) A flow meter equipped with a continuous recorder shall be 
located at the scrubber influent to monitor the scrubber liquid flow 
rate.
    (5) Where an absorber is used, a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device are required, 
each equipped with a continuous recorder.
    (6) Where a condenser is used, a condenser exit temperature (product 
side) monitoring device equipped with a continuous recorder is required.
    (7) 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

[[Page 494]]

carbon bed temperature monitoring device, capable of recording the 
carbon bed temperature after each regeneration and within 15 minutes of 
completing any cooling cycle are required.
    (8) As an alternate to paragraphs (b)(5) through (b)(7) of this 
section, the owner or operator may install an organic monitoring device 
equipped with a continuous recorder.
    (c) Alternative monitoring parameters. An owner or operator of a 
batch front-end process vent or aggregate batch vent stream may request 
approval to monitor parameters other than those required by paragraph 
(b) of this section. The request shall be submitted according to the 
procedures specified in Sec. 63.506(f). Approval shall be requested if 
the owner or operator:
    (1) Uses a control device other than those included in paragraph (b) 
of this section; or
    (2) Uses one of the control devices included in paragraph (b) of 
this section, but seeks to monitor a parameter other than those 
specified in Table 6 of this subpart and paragraph (b) of this section.
    (d) Monitoring of bypass lines. The owner or operator of a batch 
front-end process vent or aggregate batch vent stream using a vent 
system that contains bypass lines that could divert emissions away from 
a control device used to comply with Sec. 63.487(a) or Sec. 63.487(b) 
shall comply with either paragraph (d)(1), (d)(2), or (d)(3) 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) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.491(e)(3). The flow indicator shall be 
installed at the entrance to any bypass line that could divert emissions 
away from the control device and to the atmosphere; or
    (2) Secure the bypass line valve in the non-diverting 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 non-diverting 
position and emissions are not diverted through the bypass line. Records 
shall be generated as specified in Sec. 63.491(e)(4).
    (3) Continuously monitor the bypass line damper or valve position 
using computer monitoring and record any periods when the position of 
the bypass line damper or valve has changed as specified in 
Sec. 63.491(e)(4).
    (e) Establishment of parameter monitoring levels. Parameter 
monitoring levels for batch front-end process vents and aggregate batch 
vent streams shall be established as specified in paragraphs (e)(1) 
through (e)(3) of this section.
    (1) For each parameter monitored under paragraph (b) of this 
section, the owner or operator shall establish a level, defined as 
either a maximum or minimum operating parameter as denoted in Table 7 of 
this subpart, that indicates proper operation of the control device. The 
level shall be established in accordance with the procedures specified 
in Sec. 63.505.
    (i) For batch front-end process vents using a control device to 
comply with Sec. 63.487(a)(2), the established level shall reflect the 
control efficiency established as part of the initial compliance 
demonstration specified in Sec. 63.490(c)(2).
    (ii) For aggregate batch vent streams using a control device to 
comply with Sec. 63.487(b)(2), the established level shall reflect the 
control efficiency requirement specified in Sec. 63.487(b)(2).
    (2) The established level, along with supporting documentation, 
shall be submitted in the Notification of Compliance Status or the 
operating permit application as required in Sec. 63.506(e)(5) or 
Sec. 63.506(e)(8), respectively.
    (3) The operating day shall be defined as part of establishing the 
parameter monitoring level and shall be submitted with the information 
in paragraph (e)(2) of this section. The definition of operating day 
shall specify the times at which an operating day begins and ends. The 
operating day shall not exceed 24 hours.

[[Page 495]]



Sec. 63.490  Batch front-end process vents--performance test methods and procedures to determine compliance.

    (a) Use of a flare. When a flare is used to comply with 
Sec. 63.487(a)(1) or Sec. 63.487(b)(1), the owner or operator shall 
comply with the flare provisions in Sec. 63.11(b) of subpart A.
    (b) Exceptions to performance tests. An owner or operator is not 
required to conduct a performance test when a control device specified 
in paragraphs (b)(1) through (b)(4) of this section is used to comply 
with Sec. 63.487(a)(2).
    (1) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (2) A boiler or process heater where the 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 a new source performance standard (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.
    (5) An incinerator burning hazardous waste for which the owner or 
operator complies with the requirements of 40 CFR part 264, subpart O.
    (6) Performance tests done for other subparts in part 60 or part 63 
where total organic HAP or TOC was measured, provided that the owner or 
operator can demonstrate that operating conditions for the process and 
control device during the performance test are representative of current 
operating conditions.
    (c) Batch front-end process vent testing and procedures for 
compliance with Sec. 63.487(a)(2). Except as provided in paragraph (b) 
of this section, an owner or operator using a control device to comply 
with Sec. 63.487(a)(2) shall conduct a performance test using the 
procedures specified in paragraph (c)(1) of this section in order to 
determine the control efficiency of the control device. An owner or 
operator shall determine the percent reduction for the batch cycle using 
the control efficiency of the control device as specified in paragraphs 
(c)(2)(i) through (c)(2)(iii) of this section and the procedures 
specified in paragraph (c)(2) of this section. Compliance may be based 
on either total organic HAP or TOC. For purposes of this paragraph and 
all paragraphs that are part of paragraph (c) of this section, the term 
``batch emission episode'' shall have the meaning ``period of the batch 
emission episode selected for control,'' which may be the entire batch 
emission episode or may only be a portion of the batch emission episode.
    (1) Performance tests shall be conducted as specified in paragraphs 
(c)(1)(i) through (c)(1)(v) of this section.
    (i) Except as specified in paragraph (c)(1)(i)(A) of this section, a 
test shall be performed for the entire period of each batch emission 
episode in the batch cycle that the owner or operator selects to control 
as part of achieving the required 90 percent emission reduction for the 
batch cycle specified in Sec. 63.487(a)(2). Only one test is required 
for each batch emission episode selected by the owner or operator for 
control. The owner or operator shall follow the procedures listed in 
paragraphs (c)(1)(i)(B) through (c)(1)(i)(D) of this section.
    (A) Alternatively, an owner or operator may choose to test only 
those periods of the batch emission episode during which the emission 
rate for the entire episode can be determined or during which the 
emissions are greater than the average emission rate of the batch 
emission episode. The owner or operator choosing 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

[[Page 496]]

calculations based on material balances and process stoichiometry. 
Previous test results may be used, provided the results are still 
relevant to the current batch front-end process vent conditions.
    (B) Method 1 or 1A, as appropriate, shall be used for selection of 
the sampling sites if the flow measuring device is a pitot tube. No 
traverse is necessary when Method 2A or 2D is used to determine gas 
stream volumetric flow rate. Inlet sampling sites shall be located as 
specified in paragraphs (c)(1)(i)(B)(1) and (c)(1)(i)(B)(2) of this 
section. Outlet sampling sites shall be located at the outlet of the 
final control device prior to release to the atmosphere.
    (1) The control device inlet sampling site shall be located at the 
exit from the batch unit operation before any control device. Section 
63.488(a)(2) describes those recovery devices considered part of the 
unit operation. Inlet sampling sites would be after these specified 
recovery devices.
    (2) If a batch process vent 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 batch front-end process 
vents and primary and secondary fuels introduced into the boiler or 
process heater.
    (C) Gas stream volumetric flow rate and/or average flow rate shall 
be determined as specified in Sec. 63.488(e).
    (D) Method 18 or Method 25A of 40 CFR part 60, Appendix A, shall be 
used to determine the concentration of organic HAP or TOC, as 
appropriate. The use of Method 25A shall comply with paragraphs 
(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this section.
    (1) The organic HAP used as the calibration gas for Method 25A shall 
be the single organic HAP representing the largest percent by volume of 
the emissions.
    (2) The use of Method 25A 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.
    (ii) If an integrated sample is taken over the entire batch emission 
episode to determine TOC or average total organic HAP concentration, 
emissions per batch emission episode shall be calculated using Equations 
18 and 19.
[GRAPHIC] [TIFF OMITTED] TR05SE96.018

[GRAPHIC] [TIFF OMITTED] TR05SE96.019

where:

Eepisode=Inlet or outlet emissions, kg/episode.
K=Constant, 2.494  x  10-6 (ppmv)-1 (gm-mole/scm) 
(kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj=Average inlet or outlet concentration of TOC or sample 
component j of the gas stream for the batch emission episode, dry basis, 
ppmv.
Mj=Molecular weight of TOC or sample component j of the gas 
stream, gm/gm-mole.
AFR=Average inlet or outlet flow rate of gas stream for the batch 
emission episode, dry basis, scmm.
Th=Hours/episode.
n=Number of organic HAP in stream. Note: Summation not required if TOC 
emissions are being estimated using a TOC concentration measured using 
Method 25A.


[[Page 497]]


    (iii) If grab samples are taken to determine TOC or total organic 
HAP concentration, emissions shall be calculated according to paragraphs 
(c)(1)(iii)(A) and (c)(1)(iii)(B) of this section.
    (A) For each measurement point, the emission rates shall be 
calculated using Equations 20 and 21.
[GRAPHIC] [TIFF OMITTED] TR05SE96.020

[GRAPHIC] [TIFF OMITTED] TR05SE96.050

where:

Epoint=Inlet or outlet emission rate for the measurement 
point, kg/hr.
K=Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
(kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj=Inlet or outlet concentration of TOC or sample organic HAP 
component j of the gas stream, dry basis, ppmv.
Mj=Molecular weight of TOC or sample organic HAP component j 
of the gas stream, gm/gm-mole.
FR=Inlet or outlet flow rate of gas stream for the measurement point, 
dry basis, scmm.
n=Number of organic HAP in stream.

    Note: Summation not required if TOC emissions are being estimated 
using a TOC concentration measured using Method 25A.

    (B) The emissions per batch emission episode shall be calculated 
using Equations 22 and 23.
[GRAPHIC] [TIFF OMITTED] TR05SE96.021

[GRAPHIC] [TIFF OMITTED] TR05SE96.022

where:

Eepisode=Inlet or outlet emissions, kg/episode.
DUR=Duration of the batch emission episode, hr/episode.
Epoint,i=Inlet or outlet emissions for measurement point i, 
kg/hr.
n=Number of measurements.

    (iv) The control efficiency for the control device shall be 
calculated using Equation 24.
[GRAPHIC] [TIFF OMITTED] TR05SE96.023

Where:

R=Control efficiency of control device, percent.
Einleti=Mass rate of TOC or total organic HAP for batch 
emission episode i at the inlet to the control device as calculated 
under paragraph (c)(1)(ii) or (c)(1)(iii) of this section, kg/hr.
Eoutleti=Mass rate of TOC or total organic HAP for batch 
emission episode i at the outlet of the control device, as calculated 
under paragraph (c)(1)(ii) or (c)(1)(iii) of this section, kg/hr.
n=Number of batch emission episodes in the batch cycle selected to be 
controlled.

    (v) If the batch front-end process vent 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 across the device shall be determined by 
comparing the TOC or total organic HAP in all combusted batch front-end 
process vents and primary and secondary fuels with the TOC or total 
organic HAP exiting the combustion device, respectively.

[[Page 498]]

    (2) The percent reduction for the batch cycle shall be determined 
using Equation 25 and the control device efficiencies specified in 
paragraphs (c)(2)(i) through (c)(2)(iii) of this section. All 
information used to calculate the batch cycle percent reduction, 
including a definition of the batch cycle identifying all batch emission 
episodes, must be recorded as specified in Sec. 63.491(b)(2). This 
information shall include identification of those batch emission 
episodes, or portions thereof, selected for control.
[GRAPHIC] [TIFF OMITTED] TR05SE96.024

where:
Eunc=Mass rate of TOC or total organic HAP for uncontrolled 
batch emission episode i, kg/hr.
Einletcon=Mass rate of TOC or total organic HAP for 
controlled batch emission episode i at the inlet to the control device, 
kg/hr.
R=Control efficiency of control device as specified in paragraphs 
(c)(2)(i) through (c)(2)(iii) of this section.
n=Number of uncontrolled batch emission episodes, controlled batch 
emission episodes, and control devices. The value of n is not 
necessarily the same for these three items.
    (i) If a performance test is required by paragraph (c) of this 
section, the control efficiency of the control device shall be as 
determined in paragraph (c)(1)(iv) of this section.
    (ii) If a performance test is not required by paragraph (c) of this 
section for a combustion control device, as specified in paragraph (b) 
of this section, the control efficiency of the control device shall be 
98 percent. The control efficiency for a flare shall be 98 percent.
    (iii) If a performance test is not required by paragraph (c) of this 
section for a noncombustion control device, the control efficiency shall 
be determined by the owner or operator based on engineering assessment.
    (d) Batch process vent and aggregate batch vent stream testing for 
compliance with Sec. 63.487(c) [halogenated emission streams]. An owner 
or operator controlling halogenated emissions in compliance with 
Sec. 63.487(c) shall conduct a performance test to determine compliance 
with the control efficiency specified in Sec. 63.487(c)(1) or the 
emission limit specified in Sec. 63.487(c)(2) for hydrogen halides and 
halogens.
    (1) Sampling sites shall be located at the inlet and outlet of the 
scrubber or other control device used to reduce halogen emissions in 
complying with Sec. 63.487(c)(1) or at the outlet of the control device 
used to reduce halogen emissions in complying with Sec. 63.487(c)(2).
    (2) The mass emissions of each hydrogen halide and halogen compound 
for the batch cycle or aggregate batch vent stream shall be calculated 
from the measured concentrations and the gas stream flow rate(s) 
determined by the procedures specified in paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section, except as specified in paragraph (d)(5) of 
this section.
    (i) Method 26 or Method 26A of 40 CFR part 60, appendix A, shall be 
used to determine the concentration, in Mg per dry scm, of total 
hydrogen halides and halogens present in the emissions stream.
    (ii) Gas stream volumetric flow rate and/or average flow rate shall 
be determined as specified in Sec. 63.488(e).
    (3) To determine compliance with the percent reduction specified in 
Sec. 63.487(c)(1), 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 any hydrogen halides or 
halogens present

[[Page 499]]

at the outlet of the scrubber or other control device shall be summed 
together. Percent reduction shall be determined by subtracting the 
outlet mass emissions from the inlet mass emissions and then dividing 
the result by the inlet mass emissions.
    (4) To determine compliance with the emission limit specified in 
Sec. 63.487(c)(2), the annual mass emissions for any hydrogen halides 
and halogens present at the outlet of the control device and prior to 
any combustion device shall be summed together and compared to the 
emission limit specified in Sec. 63.487(c)(2).
    (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.
    (e) Aggregate batch vent stream testing for compliance with 
Sec. 63.487(b)(2). Owners or operators of aggregate batch vent streams 
complying with Sec. 63.487(b)(2) shall conduct a performance test using 
the performance testing procedures for continuous front-end process 
vents in Sec. 63.116(c) of subpart G. For the purposes of this subpart, 
when the provisions of Sec. 63.116(c) specify that Method 18 shall be 
used, Method 18 or Method 25A may be used. The use of Method 25A shall 
comply with paragraphs (e)(1) and (e)(2) of this section.
    (1) The organic HAP used as the calibration gas for Method 25A shall 
be the single organic HAP representing the largest percent by volume of 
the emissions.
    (2) The use of Method 25A 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.
    (f) Batch cycle limitation. The batch cycle limitation required by 
Sec. 63.487(f)(1) and Sec. 63.487(g)(1) shall be established as 
specified in paragraph (f)(1) of this section and shall include the 
elements specified in paragraph (f)(2) of this section.
    (1) The batch cycle limitation shall be determined by the owner or 
operator such that annual emissions for the batch front-end process vent 
remain less than the level specified in Sec. 63.488(d) when complying 
with Sec. 63.487(g). Alternatively, when complying with Sec. 63.487(f), 
the batch cycle limitation shall ensure that annual emissions remain at 
a level such that the batch front-end process vent remains a Group 2 
batch front-end process vent, given the actual annual flow rate for that 
batch front-end process vent determined according to Sec. 63.488(e)(3). 
The batch cycle limitation shall be determined using the same basis, as 
described in Sec. 63.488(a)(1), used to make the group determination 
(i.e., expected mix of products or worst-case HAP emitting product). The 
establishment of the batch cycle limitation is not dependent upon any 
past production or activity level.
    (i) If the expected mix of products serves as the basis for the 
batch cycle limitation, the batch cycle limitation shall be determined 
such that any foreseeable combination of products which the owner or 
operator desires the flexibility to manufacture shall be allowed. 
Combinations of products not accounted for in the documentation required 
by paragraph (f)(2)(iv) of this section shall not be allowed within the 
restrictions of the batch cycle limitation.
    (ii) If, for a batch front-end process vent with more than one 
product, a single worst-case HAP emitting product serves as the basis 
for the batch cycle limitation, the batch cycle limitation shall be 
determined such that the maximum number of batch cycles the owner or 
operator desires the flexibility to accomplish, using the worst-case HAP 
emitting product and ensuring that the batch front-end process vent 
remains a Group 2 batch front-end process vent or that emissions remain 
less than the level specified in Sec. 63.488(d), shall be allowed. This 
value shall be the total number of batch cycles allowed within the 
restrictions of the batch cycle limitation regardless of which products 
are manufactured.
    (2) Documentation supporting the establishment of the batch cycle 
limitation shall include the information specified in paragraphs 
(f)(2)(i) through (f)(2)(v) of this section, as appropriate.
    (i) Identification that the purpose of the batch cycle limitation is 
to comply with Sec. 63.487(f)(1) or (g)(1).

[[Page 500]]

    (ii) Identification that the batch cycle limitation is based on a 
single worst-case HAP emitting product or on the expected mix of 
products for the batch front-end process vent as allowed under 
Sec. 63.488(a)(1).
    (iii) Definition of the operating year, for the purposes of 
determining compliance with the batch cycle limitation.
    (iv) If the batch cycle limitation is based on a single worst-case 
HAP emitting product, documentation specified in Sec. 63.488(a)(1)(ii) 
describing how the single product meets the requirements for worst-case 
HAP emitting product, as specified in Sec. 63.488(a)(1) and the number 
of batch cycles allowed under the batch cycle limitation for each 
product associated with the batch front-end process vent are required.
    (v) If the batch cycle limitation is based on the expected mix of 
products, the owner or operator shall provide documentation that 
describes as many scenarios for differing mixes of products (i.e., how 
many of each type of product) that the owner or operator desires the 
flexibility to accomplish. Alternatively, the owner or operator shall 
provide a description of the relationship among the mix of products that 
will allow a determination of compliance with the batch cycle limitation 
under an infinite number of scenarios. For example, if a batch process 
vent has two products, each product has the same flow rate and emits for 
the same amount of time, and product No. 1 has twice the emissions as 
product No. 2, the relationship describing an infinite number of 
scenarios would be that the owner or operator can accomplish two batch 
cycles of product No. 2 for each batch cycle of product No. 1 within the 
restriction of the batch cycle limitation.



Sec. 63.491  Batch front-end process vents--recordkeeping requirements.

    (a) Group determination records for batch front-end process vents. 
Except as provided in paragraphs (a)(7) through (a)(9) of this section, 
each owner or operator of an affected source shall maintain the records 
specified in paragraphs (a)(1) through (a)(6) of this section for each 
batch front-end process vent subject to the group determination 
procedures of Sec. 63.488. Except for paragraph (a)(1) of this section, 
the records required to be maintained by this paragraph are limited to 
the information developed and used to make the group determination under 
Sec. 63.488(b) through Sec. 63.488(g), as appropriate. The information 
required by paragraph (a)(1) of this section is required for all batch 
front-end process vents subject to the group determination procedures of 
Sec. 63.488. If an owner or operator did not need to develop certain 
information (e.g., annual average flow rate) to determine the group 
status, this paragraph does not require that additional information be 
developed.
    (1) An identification of each unique product that has emissions from 
one or more batch emission episodes venting from the batch front-end 
process vent.
    (2) A description of, and an emission estimate for, each batch 
emission episode, and the total emissions associated with one batch 
cycle for each unique product identified in paragraph (a)(1) of this 
section that was considered in making the group determination under 
Sec. 63.488.
    (3) Total annual uncontrolled TOC or organic HAP emissions, 
determined at the exit from the batch unit operation before any emission 
control, as determined in accordance with Sec. 63.488(b).
    (i) For Group 2 batch front-end process vents, emissions shall be 
determined at the batch cycle limitation.
    (ii) For Group 1 batch front-end process vents, emissions shall be 
those used to determine the group status of the batch front-end process 
vent.
    (4) The annual average flow rate for the batch front-end process 
vent as determined in accordance with Sec. 63.488(e).
    (5) The cutoff flow rate, determined in accordance with 
Sec. 63.488(f).
    (6) The results of the batch front-end process vent group 
determination, conducted in accordance with Sec. 63.488(g).
    (7) If a batch front-end process vent is in compliance with 
Sec. 63.487(a) or Sec. 63.487(b), and the control device is operating at 
all times when batch emission episodes are venting from the batch front-
end process vent, none of the records in paragraphs (a)(1) through 
(a)(6) of this section are required.

[[Page 501]]

    (8) If a batch front-end process vent is in compliance with 
Sec. 63.487(a) or Sec. 63.487(b), but the control device is operated 
only during selected batch emission episodes, only the records in 
paragraphs (a)(1) through (a)(3) of this section are required.
    (9) If the total annual emissions from the batch front-end process 
vent are less than the appropriate level specified in Sec. 63.488(d), 
only the records in paragraphs (a)(1) through (a)(3) of this section are 
required.
    (b) Compliance demonstration records. Each owner or operator of a 
batch front-end process vent or aggregate batch vent stream complying 
with Sec. 63.487(a) or (b), shall keep the following records, as 
applicable, up-to-date and readily accessible:
    (1) The annual mass emissions of halogen atoms in the batch front-
end process vent or aggregate batch vent stream determined according to 
the procedures specified in Sec. 63.488(h)(2).
    (2) If a batch front-end process vent is in compliance with 
Sec. 63.487(a)(2), records documenting the batch cycle percent reduction 
as specified in Sec. 62.486-4(c)(2).
    (3) When using a flare to comply with Sec. 63.487(a)(1):
    (i) The 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. 63.11(b) of subpart A; and
    (iii) All periods during the compliance determination required by 
Sec. 63.11(b) of subpart A when the pilot flame is absent.
    (4) The following information when using a control device to achieve 
compliance with Sec. 63.487(a)(2) or (b)(2):
    (i) For an incinerator or non-combustion control device, the percent 
reduction of organic HAP or TOC achieved, as determined using the 
procedures specified in Sec. 63.490(c) for batch front-end process vents 
and Sec. 63.490(e) for aggregate batch vent streams;
    (ii) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater;
    (iii) 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 is used as a secondary fuel and is not 
mixed with the primary fuel, the percent reduction of organic HAP or TOC 
achieved, as determined using the procedures specified in Sec. 63.490(c) 
for batch front-end process vents and Sec. 63.490(e) for aggregate batch 
vent streams; and
    (iv) For a scrubber or other control device following a combustion 
device to control a halogenated batch front-end process vent or 
halogenated aggregate batch vent stream, the percent reduction of total 
hydrogen halides and halogens, as determined under Sec. 63.490(d)(3) or 
the emission limit determined under Sec. 63.490(d)(4).
    (c) Establishment of parameter monitoring level records. For each 
parameter monitored according to Sec. 63.489(b) and Table 6 of this 
subpart, or for alternate parameters and/or parameters for alternate 
control devices monitored according to Sec. 63.492(e) as allowed under 
Sec. 63.489(c), maintain documentation showing the establishment of the 
level that indicates proper operation of the control device as required 
by Sec. 63.489(e) for parameters specified in Sec. 63.489(b) and as 
required by Sec. 63.506(f) for alternate parameters. This documentation 
shall include the parameter monitoring data used to establish the level.
    (d) Group 2 batch front-end process vent continuous compliance 
records. The owner or operator of a Group 2 batch front-end process vent 
shall comply with either paragraph (d)(1) or (d)(2) of this section, as 
appropriate.
    (1) The owner or operator of a Group 2 batch front-end process vent 
complying with Sec. 63.487(g) shall keep the following records up-to-
date and readily accessible:
    (i) Records designating the established batch cycle limitation 
required by Sec. 63.487(g)(1) and specified in Sec. 63.490(f).
    (ii) Records specifying the number and type of batch cycles 
accomplished.
    (2) The owner or operator of a Group 2 batch front-end process vent 
complying with Sec. 63.487(f) shall keep the following records up-to-
date and readily accessible:

[[Page 502]]

    (i) Records designating the established batch cycle limitation 
required by Sec. 63.487(f)(1) and specified in Sec. 63.490(f).
    (ii) Records specifying the number and type of batch cycles 
accomplished for each three month period.
    (e) Controlled batch front-end process vent continuous compliance 
records. Each owner or operator of a batch front-end process vent that 
uses a control device to comply with Sec. 63.487(a) 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. 63.489(b) as applicable, and listed 
in Table 6 of this subpart, or specified by the Administrator in 
accordance with Sec. 63.492(e) as allowed under Sec. 63.489(c). These 
records shall be kept as specified under Sec. 63.506(d), except as 
specified in paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
    (i) For flares, the records specified in Table 6 of this subpart 
shall be kept rather than averages.
    (ii) For carbon adsorbers, the records specified in Table 6 of this 
subpart shall be kept rather than averages.
    (2) Records of the batch cycle daily average value of each 
continuously monitored parameter, except as provided in paragraphs 
(e)(2)(iii) of this section, as calculated using the procedures 
specified in paragraphs (e)(2)(i) through (e)(2)(ii) of this section.
    (i) The batch cycle daily average shall be calculated as the average 
of all parameter values measured during those batch emission episodes, 
or portions thereof, in the batch cycle that the owner or operator has 
selected to control.
    (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 batch cycle 
daily averages.
    (iii) If all recorded values for a monitored parameter during an 
operating day are above the minimum or below the maximum level 
established in accordance with Sec. 63.489(e), the owner or operator may 
record that all values were above the minimum or below the maximum level 
established, rather than calculating and recording a batch cycle daily 
average for that operating day.
    (3) Hourly records of whether the flow indicator for bypass lines 
specified under Sec. 63.489(d)(1) was operating and whether flow was 
detected at any time during the hour. Also, records of the times and 
durations of all periods when the vent is diverted from the control 
device, or the flow indicator specified in Sec. 63.489(d)(1) is not 
operating.
    (4) Where a seal or closure mechanism is used to comply with 
Sec. 63.489(d)(2) or where computer monitoring of the position of the 
bypass damper or valve is used to comply with Sec. 63.489(d)(3), hourly 
records of flow are not required.
    (i) For compliance with Sec. 63.489(d)(2), the owner or operator 
shall record whether the monthly visual inspection of the seals or 
closure mechanism has been done, and shall record the occurrence 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 configuration 
has been checked out, and records of any car-seal that has been broken.
    (ii) For compliance with Sec. 63.489(d)(3), the owner or operator 
shall record the times of all periods when the bypass line valve 
position has changed.
    (5) Records specifying the times and duration of periods of 
monitoring system breakdowns, repairs, calibration checks, and zero 
(low-level) and high level adjustments. In addition, records specifying 
any other periods of process or control device operation when monitors 
are not operating.
    (f) Aggregate batch vent stream continuous compliance records. In 
addition to the records specified in paragraphs (b) and (c) of this 
section, each owner or operator of an aggregate batch vent stream using 
a control device to comply with Sec. 63.487(b) shall keep records in 
accordance with the requirements for continuous process vents in 
Sec. 63.118(a) and Sec. 63.118(b) of subpart G, as applicable and 
appropriate, except that when complying with Sec. 63.118(b), owners or 
operators shall disregard statements concerning TRE index values for the 
purposes of this subpart.

[[Page 503]]



Sec. 63.492   Batch front-end process vents--reporting requirements.

    (a) The owner or operator of a batch front-end process vent at an 
affected source shall submit the information specified in paragraphs 
(a)(1) through (a)(4) of this section, as appropriate, as part of the 
Notification of Compliance Status specified in Sec. 63.506(e)(5).
    (1) For each batch front-end process vent complying with 
Sec. 63.487(a) and each aggregate batch vent stream complying with 
Sec. 63.487(b), the information specified in Sec. 63.491(b) and 
Sec. 63.491(c), as applicable.
    (2) For each Group 2 batch front-end process vent with annual 
emissions less than the level specified in Sec. 63.488(d), the 
information specified in Sec. 63.491(d)(1)(i).
    (3) For each Group 2 batch front-end process vent with annual 
emissions greater than or equal to the level specified in 
Sec. 63.488(d), the information specified in Sec. 63.491(d)(2)(i).
    (4) For each batch process vent subject to the group determination 
procedures, the information specified in Sec. 63.491(a), as appropriate.
    (b) Whenever a process change, as defined in Sec. 63.488(i)(1), is 
made that causes a Group 2 batch front-end process vent to become a 
Group 1 batch front-end process vent, the owner or operator shall submit 
a report within 180 operating days after the process change is made or 
the information regarding the process change is known to the owner or 
operator. This report may be included in the next Periodic Report, as 
specified in Sec. 63.506(e)(6)(iii)(D)(2). The following information 
shall be submitted:
    (1) A description of the process change; and
    (2) A schedule for compliance with the provisions of Sec. 63.487(a) 
or Sec. 63.487(b), as appropriate, as required under 
Sec. 63.506(e)(6)(iii)(D)(2).
    (c) Whenever a process change, as defined in Sec. 63.488(i)(1), is 
made that causes a Group 2 batch front-end process vent with annual 
emissions less than the level specified in Sec. 63.488(d) that is in 
compliance with Sec. 63.487(g) to have annual emissions greater than or 
equal to the levels specified in Sec. 63.488(d) but remains a Group 2 
batch front-end process vent, the owner or operator shall submit a 
report within 180 operating days after the process change is made or the 
information regarding the process change is known to the owner or 
operator. This report may be included in the next Periodic Report, as 
specified in Sec. 63.506(e)(6)(iii)(D)(2). The following information 
shall be submitted:
    (1) A description of the process change;
    (2) The results of the redetermination of the annual emissions, 
average flow rate, and cutoff flow rate required under Sec. 63.488(f) 
and recorded under Sec. 63.491 (a)(3) through (a)(5); and
    (3) The batch cycle limitation determined in accordance with 
Sec. 63.487(f)(1).
    (d) The owner or operator is not required to submit a report of a 
process change if one of the conditions specified in paragraphs (d)(1) 
and (d)(2) of this section is met.
    (1) The process change does not meet the description of a process 
change in Sec. 63.488(i).
    (2) The redetermined group status remains Group 2 for an individual 
batch front-end process vent with annual emissions greater than or equal 
to the level specified in Sec. 63.488(d), or a Group 2 batch front-end 
process vent with annual emissions less than the level specified in 
Sec. 63.488(d) complying with Sec. 63.487(g) continues to have emissions 
less than the level specified in Sec. 63.488(d).
    (e) If an owner or operator uses a control device other than those 
specified in Sec. 63.489(b) and listed in Table 6 of this subpart or 
requests approval to monitor a parameter other than those specified in 
Sec. 63.489(c) and listed in Table 6 of this subpart, the owner or 
operator shall submit a description of planned reporting and 
recordkeeping procedures, as specified in Sec. 63.506(f), as part of the 
Precompliance Report as required under Sec. 63.506(e)(3). The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the Precompliance Report.
    (f) Owners or operators complying with Sec. 63.489(d), shall comply 
with paragraph (f)(1) or (f)(2) of this section, as appropriate.
    (1) Reports of the times of all periods recorded under 
Sec. 63.491(e)(3) when the

[[Page 504]]

batch front-end process vent is diverted away from the control device 
through a bypass line.
    (2) Reports of all occurrences recorded under Sec. 63.491(e)(4) 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.



Sec. 63.493   Back-end process provisions.

    Owners and operators of new and existing affected sources shall 
comply with the requirements in Sec. 63.494 through Sec. 63.500. Owners 
and operators of affected sources that produce only latex products, 
liquid rubber products, or products in a gas-phased polymerization 
reaction are not subject to the provisions of these sections. Section 
63.494 contains residual organic HAP limitations. Compliance with these 
residual organic HAP limitations may be achieved by using either 
stripping technology, or by using control or recovery devices. If 
compliance with these limitations is achieved using stripping 
technology, the procedures to determine compliance are specified in 
Sec. 63.495. If compliance with these limitations is achieved using 
control or recovery devices, the procedures to determine compliance are 
specified in Sec. 63.496, and associated monitoring requirements are 
specified in Sec. 63.497. Recordkeeping requirements are contained in 
Sec. 63.498, and reporting requirements in Sec. 63.499. Section 63.500 
contains a limitation on carbon disulfide emissions from affected 
sources that produce styrene butadiene rubber using an emulsion process. 
Table 8 contains a summary of compliance alternative requirements for 
these sections.



Sec. 63.494   Back-end process provisions--residual organic HAP limitations.

    (a) The monthly weighted average residual organic HAP content of all 
grades of elastomer processed, measured immediately after the stripping 
operation [or the reactor(s) if the plant has no stripper(s)] is 
completed, shall not exceed the limits provided in paragraphs (a)(1) 
through (a)(4) of this section, as applicable. Owners or operators shall 
comply with the requirements of this paragraph using either stripping 
technology or control/recovery devices.
    (1) For styrene butadiene rubber produced by the emulsion process:
    (i) A monthly weighted average of 0.40 kg styrene per megagram (Mg) 
latex for existing sources; and
    (ii) A monthly weighted average of 0.23 kg styrene per Mg latex for 
new sources;
    (2) For polybutadiene rubber and styrene butadiene rubber produced 
by the solution process:
    (i) A monthly weighted average of 10 kg total organic HAP per Mg 
crumb rubber (dry weight) for existing sources; and
    (ii) A monthly weighted average of 6 kg total organic HAP per Mg 
crumb rubber (dry weight) for new sources.
    (3) For ethylene-propylene rubber produced by the solution process:
    (i) A monthly weighted average of 8 kg total organic HAP per Mg 
crumb rubber (dry weight) for existing sources; and
    (ii) A monthly weighted average of 5 kg total organic HAP per Mg 
crumb rubber (dry weight) for new sources.
    (4) There are no back-end process operation residual organic HAP 
limitations for neoprene, Hypalon TM, nitrile butadiene 
rubber, butyl rubber, halobutyl rubber, epichlorohydrin elastomer, and 
polysulfide rubber.
    (5) For EPPU that produce both an elastomer product with a residual 
organic HAP limitation listed in this section, and a product listed in 
paragraphs (a)(5) (i) through (iv) of this section, only the residual 
HAP content of the elastomer product with a residual organic HAP 
limitation shall be used in determining the monthly average residual 
organic HAP content.
    (i) Resins;
    (ii) Liquid rubber products;
    (iii) Latexes from which crumb rubber is not coagulated; or
    (iii) Elastomer products listed in paragraph (a)(4) of this section.
    (b) If an owner or operator complies with the residual organic HAP 
limitations in paragraph (a) of this section using stripping technology, 
compliance shall be demonstrated in accordance with Sec. 63.495. The 
owner or operator shall also comply with the recordkeeping provisions in 
Sec. 63.498, and the reporting provisions in Sec. 63.499.

[[Page 505]]

    (c) If an owner or operator complies with the residual organic HAP 
limitations in paragraph (a) of this section using control or recovery 
devices, compliance shall be demonstrated using the procedures in 
Sec. 63.496. The owner or operator shall also comply with the monitoring 
provisions in Sec. 63.497, the recordkeeping provisions in Sec. 63.498, 
and the reporting provisions in Sec. 63.499.



Sec. 63.495  Back-end process provisions--procedures to determine compliance using stripping technology.

    (a) If an owner or operator complies with the residual organic HAP 
limitations in Sec. 63.494(a) using stripping technology, compliance 
shall be demonstrated using the periodic sampling procedures in 
paragraph (b) of this section, or using the stripper parameter 
monitoring procedures in paragraph (c) of this section. The owner or 
operator shall determine the monthly weighted average residual organic 
HAP content for each month in which any portion of the back-end of an 
elastomer production process is in operation. A single monthly weighted 
average shall be determined for all back-end process operations at the 
affected source.
    (b) If the owner or operator is demonstrating compliance using 
periodic sampling, this demonstration shall be in accordance with 
paragraphs (b)(1) through (b)(5) of this section,
    (1) The location of the sampling shall be in accordance with 
paragraph (d) of this section.
    (2) The frequency of the sampling shall be in accordance with 
paragraphs (b)(2)(i) or (b)(2)(ii) of this section.
    (i) If batch stripping is used, at least one representative sample 
is to be taken from every batch of elastomer produced, at the location 
specified in paragraph (d) of this section, and identified by elastomer 
type and by the date and time the batch is completed.
    (ii) If continuous stripping is used, at least one representative 
sample is to be taken each operating day. The sample is to be taken at 
the location specified in paragraph (d) of this section, and identified 
by elastomer type and by the date and time the sample was taken.
    (3) The residual organic HAP content in each sample is to be 
determined using specified methods.
    (4) The quantity of material (weight of latex or dry crumb rubber) 
represented by each sample shall be recorded. Acceptable methods of 
determining this quantity are production records, measurement of stream 
characteristics, and engineering calculations.
    (5) The monthly weighted average shall be determined using the 
equation in paragraph (f) of this section. All samples taken and 
analyzed during the month shall be used in the determination of the 
monthly weighted average.
    (c) If the owner or operator is demonstrating compliance using 
stripper parameter monitoring, this demonstration shall be in accordance 
with paragraphs (c)(1) through (c)(4) of this section.
    (1) The owner or operator shall establish stripper operating 
parameter levels for each grade in accordance with Sec. 63.505(e).
    (2) The owner or operator shall monitor the stripper operating 
parameters at all times the stripper is in operation. Readings of each 
parameter shall be made at intervals no greater than 15 minutes.
    (3) The residual organic HAP content for each grade shall be 
determined in accordance with either paragraph (c)(3)(i) or (c)(3)(ii) 
of this section.
    (i) If during the processing of a grade in the stripper, all hourly 
average parameter values are in accordance with operating parameter 
levels established in paragraph (c)(1) of this section, the owner or 
operator shall use the residual organic HAP content determined in 
accordance with Sec. 63.505(e)(1).
    (ii) If during the processing of a grade in the stripper, the hourly 
average of any stripper monitoring parameter is not in accordance with 
an established operating parameter level, the residual organic HAP 
content shall be determined using the procedures in paragraphs (b)(1) 
and (b)(3) of this section.
    (4) The monthly weighted average shall be determined using the 
equation in paragraph (f) of this section.
    (d) The location of the sampling shall be in accordance with 
paragraph (d)(1) or (d)(2) of this section.
    (1) For styrene butadiene rubber produced by the emulsion process, 
the sample shall be a sample of the latex

[[Page 506]]

taken at the location specified in either paragraph (d)(1)(i), 
(d)(1)(ii), or (d)(1)(iii) of this section.
    (i) When the latex is not blended with other materials or latexes, 
the sample shall be taken at a location meeting all of the following 
criteria:
    (A) After the stripping operation,
    (B) Prior to entering the coagulation operations, and
    (C) Before the addition of carbon black or oil extenders.
    (ii) When two or more latexes subject to this subpart are blended, 
samples may be taken in accordance with either paragraph (d)(1)(ii) (A) 
or (B) of this section, at a location meeting the requirements of 
paragraphs (d)(1)(i) (A) through (C) of this section.
    (A) Individual samples may be taken of each latex prior to blending, 
or
    (B) A sample of the blended latex may be taken.
    (iii) When a latex subject to this subpart is blended with a latex 
or material not subject to this subpart, a sample shall be taken of the 
latex prior to blending at a location meeting the requirements of 
paragraphs (d)(1)(i) (A) through (C) of this section.
    (2) For styrene butadiene rubber produced by the solution process, 
polybutadiene rubber produced by the solution process, and ethylene-
propylene rubber produced by the solution process, the sample shall be a 
sample of crumb rubber taken as soon as safe and feasible after the 
stripping operation, but no later than the entry point for the first 
unit operation following the stripper (e.g., the dewatering screen).
    (e) [Reserved]
    (f) The monthly weighted average residual organic HAP content shall 
be calculated using Equation 26.
[GRAPHIC] [TIFF OMITTED] TR05SE96.025

where:
HAPCONTavg,wk = Monthly weighted average organic HAP content 
for all rubber processed at the affected source, kg organic HAP per Mg 
latex or dry crumb rubber.
n = Number of samples in the month.
Ci = Residual organic HAP content of sample i, determined in 
accordance with (b)(3) or (c)(3) of this section, kg organic HAP per Mg 
latex or dry crumb rubber.
Pi = Weight of latex or dry crumb rubber represented by 
sample i.
Pwk = Weight of latex or dry crumb rubber (Mg) processed in 
the month.



Sec. 63.496  Back-end process provisions--procedures to determine compliance using control or recovery devices.

    (a) If an owner or operator complies with the residual organic HAP 
limitations in Sec. 63.494(a) using control or recovery devices, 
compliance shall be demonstrated using the procedures in paragraphs (b) 
and (c) of this section. Previous test results conducted in accordance 
with paragraphs (b)(1) through (b)(6) of this section may be used to 
determine compliance in accordance with paragraph (c) of this section.
    (b) Compliance shall be demonstrated using the provisions in 
paragraphs (b)(1) through (b)(10) of this section, as applicable.
    (1) A test shall be conducted, the duration of which shall be in 
accordance with either paragraph (b)(1)(i) or (b)(1)(ii) of this 
section, as appropriate.
    (i) If the back-end process operations are continuous, the test 
shall consist of three separate one hour runs.
    (ii) If the back-end process operations are batch, the test shall 
consist of three separate one-hour runs, unless the duration of the 
batch cycle is less than one-hour, in which case the run length shall 
equal the complete duration of the back-end process batch cycle.
    (2) The test shall be conducted when the grade of elastomer product 
with the highest residual organic HAP content leaving the stripper is 
processed in the back-end operations.
    (3) The uncontrolled residual organic HAP content in the latex or 
dry crumb rubber shall be determined in accordance with 
Sec. 63.495(b)(1) and (b)(3). A separate sample shall be taken and 
analyzed for each test run. The sample shall be representative of the 
material

[[Page 507]]

being processed in the back-end operation during the test, and does not 
need to be taken during the test.
    (4) The quantity of material (weight of latex or dry crumb rubber) 
processed during the test run shall be recorded. Acceptable methods of 
determining this quantity are production records, measurement of stream 
characteristics, and engineering calculations.
    (5) The inlet and outlet emissions from the control or recovery 
device shall be determined using the procedures in paragraphs (b)(5)(i) 
through (b)(5)(v) of this section, with the exceptions noted in 
paragraphs (b)(6) and (b)(7) of this section. The inlet and outlet 
emissions shall be determined when the material for which the 
uncontrolled residual organic HAP content is determined in accordance 
with paragraph (b)(3) of this section, is being processed in the 
equipment controlled by the control or recovery device.
    (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites. Sampling sites shall 
be located at the inlet of the control or recovery device as specified 
in paragraphs (b)(5)(i)(A) or (b)(5)(i)(B) of this section, and at the 
outlet of the control or recovery device.
    (A) The inlet sampling site shall be located at the exit of the 
back-end process unit operation before any opportunity for emission to 
the atmosphere, and before any control or recovery device.
    (B) If back-end process vent streams are combined prior to being 
routed to control or recovery devices, the inlet sampling site may be 
for the combined stream, as long as there is no opportunity for emission 
to the atmosphere from any of the streams prior to being combined.
    (ii) The gas volumetric flow rate shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (iii) To determine the inlet and outlet total organic HAP 
concentrations, the owner or operator shall use Method 18 or Method 25A 
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 may be used. The minimum sampling time for each run 
shall be in accordance with paragraph (b)(1) of this section, during 
which either an integrated sample or grab samples shall be taken. If 
grab sampling is used, then the samples shall be taken at approximately 
equal intervals during the run, with the time between samples no greater 
than 15 minutes.
    (iv) The mass rate of total organic HAP shall be computed using 
Equations 27 and 28.
[GRAPHIC] [TIFF OMITTED] TR05SE96.026

where:
Cij, Coj=Concentration of sample component j of 
the gas stream at the inlet and outlet of the control or recovery 
device, respectively, dry basis, ppmv.
Ei, Eo=Mass rate of total organic HAP at the inlet 
and outlet of the control or recovery device, respectively, dry basis, 
kg per hour (kg/hr).
Mij, Moj=Molecular weight of sample component j of 
the gas stream at the inlet and outlet of the control or recovery 
device, respectively, gm/gm-mole.
Qi, Qo=Flow rate of gas stream at the inlet and 
outlet of the control or recovery device, respectively, dry standard 
m\3\/min.
K2=Constant, 2.494  x  10-6 (ppmv)-1 
(gm-mole/scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
    (v) Inlet and outlet organic HAP emissions for the run shall be 
calculated by multiplying the mass rate total inlet and outlet emissions 
determined in accordance with paragraph (b)(5)(iv) of this section by 
the duration of the run (in hours).
    (6) If a back-end 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, the inlet and outlet 
emissions shall be determined in

[[Page 508]]

accordance with paragraphs (b)(6)(i) through (b)(6)(iv) of this section.
    (i) The inlet organic HAP emissions for the back-end process unit 
operation shall be determined in accordance with paragraph (b)(5) of 
this section.
    (ii) The owner or operator shall also measure total organic HAP (or 
TOC, minus methane and ethane) emissions in all process vent streams and 
primary and secondary fuels introduced into the boiler or process 
heater, using the procedures in paragraph (b)(5) of this section, with 
the exceptions noted in paragraphs (b)(6)(ii)(A) through (b)(6)(ii)(C) 
of this section.
    (A) Selection of the location of the inlet sampling sites shall 
ensure the measurement of total organic HAP concentrations in all 
process vent streams and primary and secondary fuels introduced into the 
boiler or process heater.
    (B) Paragraph (b)(5)(iii) of this section is applicable, except that 
TOC (minus methane and ethane) may be measured instead of total organic 
HAP.
    (C) The mass rates shall be calculated in accordance with paragraph 
(b)(5)(iv) of this section, except that Cj at the inlet and 
outlet of the control device shall be the sum of all total organic HAP 
(or TOC, minus methane and ethane) concentrations for all process vent 
streams and primary and secondary fuels introduced into the boiler or 
process heater.
    (iii) The control efficiency of the boiler or process heater shall 
be calculated using Equation 29.
[GRAPHIC] [TIFF OMITTED] TR05SE96.027

where:

R=Control efficiency of boiler or process heater, percent.
Einlet=Mass rate of total organic HAP or TOC (minus methane 
and ethane) for all process vent streams and primary and secondary fuels 
at the inlet to the boiler or process heater, kg organic HAP/hr or kg 
TOC/hr.
Eoutlet=Mass rate of total organic HAP or TOC (minus methane 
and ethane) for all process vent streams and primary and secondary fuels 
at the outlet to the boiler or process heater, kg organic HAP/hr or kg 
TOC/hr.

    (iv) The outlet total organic HAP emissions associated with the 
back-end process unit operation shall be calculated using the equation 
in paragraph (b)(8) of this section.
    (7) An owner or operator is not required to conduct a source test to 
determine the outlet organic HAP emissions if any control device 
specified in paragraphs (b)(7)(i) through (b)(7)(v) of this section is 
used. For these devices, the inlet emissions associated with the back-
end process unit operation shall be determined in accordance with 
paragraph (b)(5) of this section, and the outlet emissions shall be 
calculated using the equation in paragraph (b)(8) of this section.
    (i) A flare, provided the owner or operator complies with the flare 
provisions in Sec. 63.11(b) of subpart A. The compliance determination 
required by Sec. 63.6(h) of subpart A shall be conducted using Method 22 
of 40 CFR part 60, appendix A, to determine visible emissions. 
Compliance determinations are not necessary for flares already deemed to 
be in compliance with the flare provisions in Sec. 63.11(b) of subpart 
A.
    (ii) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (iii) A boiler or process heater into which the process vent stream 
is introduced with the primary fuel or is used as the primary fuel.

[[Page 509]]

    (iv) 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.
    (v) 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.
    (8) If one of the control devices listed in paragraph (b)(6) or 
(b)(7) of this section is used, the outlet emissions shall be calculated 
using Equation 30.
[GRAPHIC] [TIFF OMITTED] TR05SE96.028

where:

Eo=Mass rate of total organic HAP at the outlet of the 
control or recovery device, respectively, dry basis, kg/hr.
Ei=Mass rate of total organic HAP at the inlet of the control 
or recovery device, respectively, dry basis, kg/hr, determined using the 
procedures in paragraph (b)(5)(iv) of this section.
R=Control efficiency of control device, as specified in paragraph (b)(8) 
(i), (ii), or (iii) of this section.

    (i) If a back-end 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, the control efficiency of 
the boiler or process heater shall be determined using the procedures in 
paragraph (b)(6)(iii) of this section.
    (ii) If a back-end process vent is controlled using a control device 
specified in paragraph (b)(7) (i), (ii), (iii), or (v) of this section, 
the control device efficiency shall be assumed to be 98 percent.
    (iii) If a back-end process vent is controlled using a control 
device specified in paragraph (b)(7)(iv) of this section, the control 
device efficiency shall be the efficiency determined in the previous 
performance test.
    (c) Compliance shall be determined using the procedures in this 
paragraph.
    (1) For each test run, the residual organic HAP content, adjusted 
for the control or recovery device emission reduction, shall be 
calculated using Equation 31.
Where:

[GRAPHIC] [TIFF OMITTED] TR05SE96.029

HAPCONTrun=Factor, kg organic HAP per kg elastomer (latex or 
dry crumb rubber).
C=Total uncontrolled organic HAP content, determined in accordance with 
paragraph (b)(3) of this section, kg organic HAP per kg latex or dry 
crumb rubber.
P=Weight of latex or dry crumb rubber processed during test run.
Ei,run=Mass rate of total organic HAP at the inlet of the 
control or recovery device, respectively, dry basis, kg per test run.
Eo,run=Mass rate of total organic HAP at the outlet of the 
control or recovery device, respectively, dry basis, kg per test run.

    (2) A facility is in compliance if the average of the organic HAP 
contents calculated for all three test runs is below the residual 
organic HAP limitations in Sec. 63.494(a).
    (d) An owner or operator complying with the residual organic HAP 
limitations in Sec. 63.494(a) using a control or recovery device, shall 
redetermine the compliance status through the requirements described in 
paragraph (b) of this section whenever process changes are made. The 
owner or operator shall

[[Page 510]]

report the results of the redetermination in accordance with 
Sec. 63.499(d). For the purposes of this section, a process change is 
any action that would reasonably be expected to impair the performance 
of the control or recovery device. For the purposes of this section, the 
production of an elastomer with a residual organic HAP content greater 
than the residual organic HAP content of the elastomer used in the 
compliance demonstration constitutes a process change, unless the 
overall effect of the change is to reduce organic HAP emissions from the 
source as a whole. Other examples of process changes may include changes 
in production capacity or production rate, or removal or addition of 
equipment. For the purposes of this paragraph, process changes do not 
include: Process upsets; unintentional, temporary process changes; or 
changes that reduce the residual organic HAP content of the elastomer.



Sec. 63.497  Back-end process provisions--monitoring provisions for control and recovery devices.

    (a) An owner or operator complying with the residual organic HAP 
limitations in Sec. 63.494(a) using control or recovery devices, or a 
combination of stripper technology and control or recovery devices, 
shall install the monitoring equipment specified in paragraphs (a)(1) 
through (a)(6) 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, 
the 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, the 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, ultra-violet beam sensor, or infrared sensor) capable of 
continuously detecting the presence of a pilot flame is required.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity 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 primary 
fuel or are used as the primary fuel is exempt from this requirement.
    (4) For an absorber, a scrubbing liquid temperature monitoring 
device and a specific gravity monitoring device are required, each 
equipped with a continuous recorder.
    (5) For a condenser, a condenser exit (product side) temperature 
monitoring device equipped with a continuous recorder is required.
    (6) For a carbon adsorber, an integrating regeneration stream flow 
monitoring device having an accuracy of at least #10 percent, 
capable of recording the total regeneration stream 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 are required.
    (b) An owner or operator may request approval to monitor parameters 
other than those required by paragraph (a) of this section. The request 
shall be submitted according to the procedures specified in 
Sec. 63.506(f) or (g). Approval shall be requested if the owner or 
operator:
    (1) Uses a control or recovery device other than those listed in 
paragraph (a) of this section; or
    (2) Uses one of the control or recovery 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 shall establish a level, defined as either 
a maximum or minimum operating parameter, that indicates proper 
operation of the control or recovery device for each parameter monitored 
under paragraphs (a)(1) through (a)(6) of this section. This level is 
determined in accordance with Sec. 63.505. The established level, along 
with supporting documentation, shall be submitted in the Notification of 
Compliance Status or the operating permit application, as required in

[[Page 511]]

Sec. 63.506 (e)(5) or (e)(8), respectively. The owner or operator shall 
operate control and recovery devices above or below the established 
level, as required, to ensure continued compliance with the standard.
    (d) The owner or operator of a controlled back-end process vent 
using a vent system that contains bypass lines that could divert a vent 
stream away from the control or recovery device used to comply with 
Sec. 63.494(a) shall comply with paragraph (d)(1), (d)(2), or (d)(3) 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) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.498(d)(5)(iii). 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 non-diverting 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 non-diverting 
position and the vent stream is not diverted through the bypass line.
    (3) Continuously monitor the bypass line damper or valve position 
using computer monitoring and record any periods when the position of 
the bypass line valve has changes as specified in Sec. 63.498(d)(5)(iv).



Sec. 63.498  Back-end process provisions--recordkeeping.

    (a) Each owner or operator shall maintain the records specified in 
paragraphs (a)(1) through (a)(3) of this section for each back-end 
process operation at an affected source.
    (1) The type of elastomer product processed in the back-end 
operation.
    (2) The type of process (solution process, emulsion process, etc.)
    (3) If the back-end process operation is subject to an emission 
limitation in Sec. 63.494(a), whether compliance will be achieved by 
stripping technology, or by control or recovery devices.
    (b) Each owner or operator of a back-end process operation using 
stripping technology to comply with an emission limitation in 
Sec. 63.494(a), and demonstrating compliance using the periodic sampling 
procedures in Sec. 63.495(b), shall maintain the records specified in 
paragraph (b)(1), and in paragraph (b)(2) or (b)(3) of this section, as 
appropriate.
    (1) Records associated with each sample taken in accordance with 
Sec. 63.495(b). These records shall include the following for each 
sample:
    (i) Elastomer type,
    (ii) The date and time the sample was collected,
    (iii) The corresponding quantity of elastomer processed over the 
time period represented by the sample. Acceptable methods of determining 
this quantity are production records, measurement of stream 
characteristics, and engineering calculations.
    (A) For emulsion processes, this quantity shall be the weight of the 
latex leaving the stripper.
    (B) For solution processes, this quantity shall be the crumb rubber 
dry weight of the rubber leaving the stripper.
    (iv) The organic HAP content of each sample.
    (2) The monthly weighted average organic HAP content, calculated in 
accordance with Sec. 63.495(f).
    (3) If the organic HAP contents for all samples analyzed during a 
month are below the appropriate level in Sec. 63.494(a), the owner or 
operator may record that all samples were in accordance with the 
residual organic HAP limitations in Sec. 63.494(a), rather than 
calculating and recording a monthly weighted average.
    (c) Each owner or operator of a back-end process operation using 
stripping technology to comply with an emission limitation in 
Sec. 63.494(a), and demonstrating compliance using the stripper 
parameter monitoring procedures in Sec. 63.495(c), shall maintain the 
records specified in paragraphs (c)(1) through (c)(3) of this section.
    (1) Records associated with the initial, and subsequent, 
determinations of the organic HAP content of each grade

[[Page 512]]

of elastomer produced. These records shall include the following:
    (i) An identification of the elastomer type and grade;
    (ii) The results of the residual organic HAP analyses, conducted in 
accordance with Sec. 63.505(e)(1);
    (iii) The stripper monitoring parameters required to be established 
in Sec. 63.495(c)(1).
    (iv) If re-determinations are made of the organic HAP content, and 
re-establishment of the stripper monitoring parameters, records of the 
initial determination are no longer required to be maintained.
    (2) Records associated with each grade or batch. These records shall 
include the following for each grade or batch:
    (i) Elastomer type and grade;
    (ii) The quantity of elastomer processed;
    (A) For emulsion processes, this quantity shall be the weight of the 
latex leaving the stripper.
    (B) For solution processes, this quantity shall be the crumb rubber 
dry weight of the crumb rubber leaving the stripper.
    (iii) The hourly average of all stripper parameter results;
    (iv) If one or more hourly average stripper monitoring parameters is 
not in accordance with the established levels, the results of the 
residual organic HAP analysis.
    (3) The monthly weighted average organic HAP content, calculated in 
accordance with Sec. 63.495(f).
    (d) Each owner or operator of a back-end process operation using 
control or recovery devices to comply with an organic HAP emission 
limitation in Sec. 63.494(a) shall maintain the records specified in 
paragraphs (d)(1) through (d)(5) of this section.
    (1) Results of the testing required by Sec. 63.496(b). These results 
shall include the following, for each of the three required test runs:
    (i) The uncontrolled residual organic HAP content in the latex or 
dry crumb rubber, as required to be determined by Sec. 63.496(b)(3), 
including the test results of the analysis;
    (ii) The total quantity of material (weight of latex or dry crumb 
rubber) processed during the test run, recorded in accordance with 
Sec. 63.496(b)(4),
    (iii) The organic HAP emissions at the inlet and outlet of the 
control or recovery device, determined in accordance with Sec. 63.496 
(b)(5) through (b)(8), including all test results and calculations,
    (iv) The residual organic HAP content, adjusted for the control or 
recovery device emission reduction, determined in accordance with 
Sec. 63.496(c)(1).
    (2) The operating parameter level established in accordance with 
Sec. 63.497(c), along with supporting documentation.
    (3) The following information when using a flare:
    (i) The 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; and
    (iii) All periods during the compliance determination when the pilot 
flame is absent.
    (4) When using a boiler or process heater, a description of the 
location at which the vent stream is introduced into the boiler or 
process heater.
    (5) Each owner or operator using a control or recovery device shall 
keep the following records up-to-date and readily accessible:
    (i) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.497(a) or specified by the 
Administrator in accordance with Sec. 63.497(b). For flares, the hourly 
records and records of pilot flame outages shall be maintained in place 
of continuous records.
    (ii) Records of the daily average value of each continuously 
monitored parameter for each operating day, except as provided in 
paragraphs (d)(5)(ii)(D) and (d)(5)(ii)(E) 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, 
except as provided in paragraph (d)(5)(ii)(B) 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.

[[Page 513]]

    (B) 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.
    (C) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status in Sec. 63.506(e)(8) or 
(e)(5). It may be from midnight to midnight or another 24-hour period.
    (D) If all recorded values for a monitored parameter during an 
operating day are below the maximum, or above the minimum, level 
established in the Notification of Compliance Status in 
Sec. 63.506(e)(5) or in the operating permit, the owner or operator may 
record that all values were below the maximum or above the minimum 
level, rather than calculating and recording a daily average for that 
operating day.
    (E) 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. The records specified in this paragraph are not required 
during periods when emissions are not routed to the flare, or during 
startups, shutdowns, or malfunctions when the owner or operator complies 
with the applicable requirements of subpart A of this part, as directed 
by Sec. 63.506(b)(1).
    (iii) Hourly records of whether the flow indicator specified under 
Sec. 63.497(d)(1) was operating and whether a diversion was detected at 
any time during the hour, as well as records of the times of all periods 
when the vent stream is diverted from the control device or the flow 
indicator is not operating.
    (iv) Where a seal mechanism is used to comply with 
Sec. 63.497(d)(2), or where computer monitoring of the position of the 
bypass damper or valve is used to comply with Sec. 63.497(d)(3), hourly 
records of flow are not required.
    (A) For compliance with Sec. 63.497(d)(2), the owner or operator 
shall record whether the monthly visual inspection of the seals or 
closure mechanisms has been done, and shall record instances when the 
seal mechanism is broken, the bypass line valve position has changed, or 
the key for a lock-and-key type configuration has been checked out, and 
records of any car-seal that has broken.
    (B) For compliance with Sec. 63.497(d)(3), the owner or operator 
shall record the times of all periods when the bypass line damper or 
valve position has changed.



Sec. 63.499   Back-end process provisions--reporting.

    (a) The owner or operator of an affected source with back-end 
process operations shall submit the information required in 
Sec. 63.498(a) as part of the Notification of Compliance Status 
specified in Sec. 63.506(e)(5).
    (b) Each owner or operator of a back-end process operation using 
stripping to comply with an emission limitation in Sec. 63.494(a), and 
demonstrating compliance by stripper parameter monitoring, shall submit 
reports as specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) As part of the Notification of Compliance Status specified in 
Sec. 63.506(e)(5), the owner or operator shall submit the information 
specified in Sec. 63.498(c)(1).
    (2) For organic HAP content/stripping monitoring parameter re-
determinations, and the addition of new grades, the information 
specified in Sec. 63.498(c)(1) shall be submitted in the next periodic 
report specified in Sec. 63.506(e)(6).
    (c) Each owner or operator of a back-end process operation control 
or recovery devices that must comply with an emission limitation in 
Sec. 63.494(a) shall submit the information specified in paragraphs 
(c)(1) through (c)(3) of this section as part of the Notification of 
Compliance Status specified in Sec. 63.506(e)(5).
    (1) The residual organic HAP content, adjusted for the control or 
recovery device emission reduction, determined in accordance with 
Sec. 63.496(c)(1), for each test run in the compliance determination.
    (2) The operating parameter level established in accordance with 
Sec. 63.497(c), along with supporting documentation.

[[Page 514]]

    (3) The information specified in Sec. 63.498(d)(3) regarding flares 
and Sec. 63.498(d)(4) regarding boilers and process heaters, if 
applicable.
    (d) Whenever a process change, as defined in Sec. 63.496(d), is made 
that causes the redetermination of the compliance status for the back-
end process operations, the owner or operator shall submit a report 
within 180 calendar days after the process change as specified in 
Sec. 63.506(e)(7)(iii). The report shall include:
    (1) A description of the process change;
    (2) The results of the redetermination of the compliance status, 
determined in accordance with Sec. 63.496(b), and recorded in accordance 
with Sec. 63.498(d)(1), and
    (3) Documentation of the re-establishment of a parameter level for 
the control or recovery device, defined as either a maximum or minimum 
operating parameter, that indicates proper operation of the control or 
recovery device, in accordance with Sec. 63.497(c) and recorded in 
accordance with Sec. 63.498(d)(2).
    (e) If an owner or operator uses a control or recovery device other 
than those listed in Sec. 63.497(a) or requests approval to monitor a 
parameter other than those specified in Sec. 63.497(a), the owner or 
operator shall submit a description of planned reporting and 
recordkeeping procedures as required under Sec. 63.506(e)(3) or (e)(8). 
The Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the Precompliance Report or 
Operating Permit application.



Sec. 63.500   Back-end process provisions--carbon disulfide limitations for styrene butadiene rubber by emulsion processes.

    (a) Owners or operators of sources subject to this subpart producing 
styrene butadiene rubber using an emulsion process shall operate the 
process such that the carbon disulfide concentration in each crumb dryer 
exhausts shall not exceed 45 ppmv.
    (1) The owner or operator shall develop standard operating 
procedures for the addition of sulfur containing shortstop agents to 
ensure that the limitation in paragraph (a) of this section is 
maintained. There shall be a standard operating procedure representing 
the production of every grade of styrene butadiene rubber produced at 
the affected source using a sulfur containing shortstop agent.
    (2) A validation of each standard operating procedure shall be 
conducted in accordance with paragraph (c) of this section, except as 
provided in paragraph (b) of this section, to demonstrate compliance 
with the limitation in paragraph (a) of this section.
    (3) The owner or operator shall operate the process in accordance 
with a validated standard operating procedure at all times when styrene 
butadiene rubber is being produced using a sulfur containing shortstop 
agent. If a standard operating procedure is changed, it must be re-
validated.
    (4) Records specified in paragraph (d) of this section shall be 
maintained.
    (5) Reports shall be submitted in accordance with paragraph (e) of 
this section.
    (b) Crumb dryers that are vented to a combustion device are not 
subject to the provisions in this section.
    (c) The owner or operator shall validate each standard operating 
procedure to determine compliance with the limitation in paragraph (a) 
of this section using the testing procedures in paragraph (c)(1) of this 
section or engineering assessment, as described in paragraph (c)(2) of 
this section.
    (1) The owner or operator shall conduct a performance test using the 
procedures in paragraphs (c)(1)(i) through (c)(1)(iii) of this section 
to demonstrate compliance with the carbon disulfide concentration 
limitation in paragraph (a) of this section. One test shall be conducted 
for each standard operating procedure.
    (i) Method 1 or 1A of 40 CFR part 60, appendix A, as required, shall 
be used for selection of the sampling sites.
    (ii) The gas volumetric flow rate shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as required.
    (iii) To determine compliance with the carbon disulfide 
concentration limit in paragraph (a) of this section, the owner or 
operator shall use Method

[[Page 515]]

18 or Method 25A of 40 CFR part 60, appendix A, to measure carbon 
disulfide. 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 carbon disulfide concentration:
    (A) 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.
    (B) The concentration of carbon disulfide shall be calculated using 
Equation 32.
[GRAPHIC] [TIFF OMITTED] TR05SE96.030

where:

CCS2=Concentration of carbon disulfide, dry basis, ppmv.
CCS2i=Concentration of carbon disulfide of sample i, dry 
basis, ppmv.
n=Number of samples in the sample run.

    (2) The owner or operator shall use engineering assessment to 
demonstrate compliance with the carbon disulfide concentration 
limitation in paragraph (a) of this section. 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) Flow rate and/or carbon disulfide emission rate specified or 
implied within an applicable permit limit.
    (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,
    (B) Estimation of flow rate based on physical equipment design such 
as pump or blower capacities, and
    (C) Estimation of carbon disulfide concentrations based on 
saturation conditions.
    (v) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (d) Owners and operators of sources subject to this section shall 
maintain the records specified in paragraphs (d)(1) and (d)(2) of this 
section.
    (1) Documentation of the results of the testing required by 
paragraph (c) of this section.
    (2) A description of the standard operating procedure used during 
the testing. This description shall include, at a minimum, an 
identification of the sulfur containing shortstop added to the styrene 
butadiene rubber prior to the dryers, an identification of the point and 
time in the process where the sulfur containing shortstop is added, and 
an identification of the amount of sulfur containing shortstop added per 
unit of latex.
    (e) Owners and operators shall submit the reports as specified in 
paragraphs (e)(1) and (e)(2) of this section.
    (1) As part of the Notification of Compliance Status specified in 
Sec. 63.506(e)(5), documentation of the results of the testing required 
by paragraph (c) of this section.
    (2) If changes are made in the standard operating procedure used 
during the compliance test and recorded in accordance with paragraph 
(d)(2) of this section, and if those changes have the potential for 
increasing the concentration of carbon disulfide in the crumb dryer 
exhaust to above the 45 ppmv limit, the owner or operator shall:
    (i) Redetermine compliance using the test procedures in paragraph 
(c) of this section, and
    (ii) Submit documentation of the testing results in the next 
periodic report required by Sec. 63.506(e)(6).



Sec. 63.501  Wastewater provisions.

    (a) For each process wastewater stream originating at an affected 
source, except those wastewater streams exempted by paragraph (c) of 
this section, the owner or operator shall comply with the requirements 
of

[[Page 516]]

Sec. Sec. 63.131 through 63.148 of subpart G, with the differences noted 
in paragraphs (a)(1) through (a)(11) of this section, for the purposes 
of this subpart.
    (1) When the determination of equivalence criteria in Sec. 63.102(b) 
of subpart F is referred to in Secs. 63.132, 63.133, and 63.137 of 
subpart G, the provisions in Sec. 63.6(g) of subpart A shall apply for 
the purposes of this subpart.
    (2) When the storage tank requirements contained in Secs. 63.119 
through 63.123 of subpart G are referred to in Secs. 63.132 through 
63.148 of subpart G, Secs. 63.119 through 63.123 of subpart G are 
applicable, with the exception of the differences referred to in 
Sec. 63.484, for the purposes of this subpart.
    (3) When the Implementation Plan requirements contained in 
Sec. 63.151 in subpart G are referred to in Sec. 63.146 of subpart G, 
the owner or operator of an affected source subject to this subpart need 
not comply.
    (4) When the Initial Notification Plan requirements in 
Sec. 63.151(b) of subpart G are referred to in Sec. 63.146 of subpart G, 
the owner or operator of an affected source subject to this subpart need 
not comply.
    (5) When the owner or operator requests to use alternatives to the 
continuous operating parameter monitoring and recordkeeping provisions 
referred to in Sec. 63.151(g) of subpart G, or the owner or operator 
submits an operating permit application instead of an Implementation 
Plan as specified in Sec. 63.152(e) of subpart G, as referred to in 
Sec. 63.146(a)(3) of subpart G, Sec. 63.506(f) and Sec. 63.506(e)(8), 
respectively, shall apply for the purposes of this subpart.
    (6) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) of subpart G are referred to in Secs. 63.146 
and 63.147 of subpart G, the Notification of Compliance Status 
requirements contained in Sec. 63.506(e)(5) shall apply for the purposes 
of this subpart.
    (7) When the Periodic Report requirements contained in 
Sec. 63.152(c) of subpart G are referred to in Secs. 63.146 and 63.147 
of subpart G, the Periodic Report requirements contained in 
Sec. 63.506(e)(6) shall apply for the purposes of this subpart.
    (8) When the term ``range'' is used in Sec. 63.143(f) of subpart G, 
the term ``level'' shall be used instead, for the purposes of this 
subpart. This level shall be determined using the procedures specified 
in Sec. 63.505.
    (9) For the purposes of this subpart, owners or operators are not 
required to comply with the provisions of Sec. 63.138(e)(2) of subpart G 
which specify that owners or operators shall demonstrate that 95 percent 
of the mass of HAP, as listed in Table 9 of subpart G, is removed from 
the wastewater stream or combination of wastewater streams by the 
procedure specified in Sec. 63.145(i) of subpart G for a biological 
treatment unit.
    (10) For the purposes of this subpart, owners or operators are not 
required to comply with the provisions of Sec. 63.138(j)(3) of subpart G 
which specify that owners or operators shall use the procedures 
specified in Appendix C of subpart G to demonstrate compliance when 
using a biological treatment unit.
    (11) When the provisions of Sec. 63.139(c)(1)(ii) of subpart G or 
the provisions of Sec. 63.145(e)(2)(ii)(B) specify that Method 18 shall 
be used, Method 18 or Method 25A may be used for the purposes of this 
subpart. The use of Method 25A shall comply with paragraphs (a)(11)(i) 
and (a)(11)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A shall 
be the single organic HAP representing the largest percent by volume of 
the emissions.
    (ii) The use of Method 25A 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.
    (b) Except for those streams exempted by paragraph (c) of this 
section, the owner or operator of each affected source shall comply with 
the requirements for maintenance wastewater in Sec. 63.105 of subpart F, 
except that when Sec. 63.105(a) refers to ``organic HAPs,'' the 
definition of organic HAP in Sec. 63.482 shall apply for the purposes of 
this subpart.
    (c) The following wastewater streams are exempt from the 
requirements of paragraphs (a) and (b) of this section:

[[Page 517]]

    (1) Back-end wastewater streams originating from equipment that only 
produces latex products.
    (2) Back-end wastewater streams at affected sources that are subject 
to a residual organic HAP limitation in Sec. 63.494(a), and that are 
complying with these limitations through the use of stripping 
technology.
    (d) The compliance date for the affected source subject to the 
provisions of this section is specified in Sec. 63.481.



Sec. 63.502  Equipment leak provisions.

    (a) The owner or operator of each affected source, shall comply with 
the requirements of subpart H of this part for all equipment in organic 
HAP service, with the exception noted in paragraphs (b) through (h) of 
this section.
    (b) Surge control vessels and bottoms receivers described in 
paragraphs (b)(1) through (b)(6) of this section are exempt from the 
requirements contained in Sec. 63.170 of subpart H.
    (1) Surge control vessels and bottoms receivers containing styrene-
butadiene latex;
    (2) Surge control vessels and bottoms receivers containing other 
latex products and located downstream of the stripping operations;
    (3) Surge control vessels and bottoms receivers containing high 
conversion latex products;
    (4) Surge control vessels and bottoms receivers located downstream 
of the stripping operations at affected sources subject to the back-end 
residual organic HAP limitation located in Sec. 63.494, that are 
complying through the use of stripping technology, as specified in 
Sec. 63.495;
    (5) Surge control vessels and bottoms receivers containing styrene;
    (6) Surge control vessels and bottoms receivers containing 
acrylamide; and
    (7) Surge control vessels and bottoms receivers containing 
epichlorohydrin.
    (c) The compliance date for the equipment leak provisions in this 
section is provided in Sec. 63.481.
    (d) For an affected source producing polybutadiene rubber and 
styrene butadiene rubber by solution, the indications of liquids 
dripping, as defined in subpart H of this part, from bleed ports in 
pumps and agitator seals in light liquid service, shall not be 
considered a leak. For the purposes of this subpart, a ``bleed port'' is 
a technologically-required feature of the pump or seal whereby polymer 
fluid used to provide lubrication and/or cooling of the pump or agitator 
shaft exits the pump, thereby resulting in a visible dripping of fluid.
    (e) Affected sources subject to subpart I of this part shall 
continue to comply with subpart I until the compliance date specified in 
Sec. 63.481. After the compliance date for this section, the source 
shall be subject to subpart H of this part and shall no longer be 
subject to subpart I.
    (f) The owner or operator of each affected source shall comply with 
the requirements of Sec. 63.104 of subpart F for heat exchange systems.
    (g) Owners and operators of an affected source subject to this 
subpart are not required to submit the Initial Notification required by 
Sec. 63.182(a)(1) and Sec. 63.182(b) of subpart H.
    (h) The Notification of Compliance Status required by 
Sec. 63.182(a)(2) and Sec. 63.182(c) of subpart H shall be submitted 
within 150 days (rather than 90 days) of the applicable compliance date 
specified in Sec. 63.481 for the equipment leak provisions. The 
notification can be submitted as part of the Notification of Compliance 
Status required by Sec. 63.506(e)(5).
    (i) The Periodic Reports required by Sec. 63.182(a)(3) and 
Sec. 63.182(d) of subpart H shall be submitted as part of the Periodic 
Reports required by Sec. 63.506(e)(6).



Sec. 63.503  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing affected 
sources who seek to comply with Sec. 63.483(b) by using emissions 
averaging rather than following the provisions of Secs. 63.484, 63.485, 
63.486, 63.494, and 64.488.
    (1) The following emission point limitations apply to the use of 
these provisions:
    (i) All emission points included in an emissions average shall be 
from the same affected source. There may be an emissions average for 
each individual affected source located at a plant site.
    (ii)(A) If a plant site has only one affected source for which 
emissions averaging is being used to demonstrate

[[Page 518]]

compliance, the number of emission points allowed to be included in the 
emission average is limited to twenty. This number may be increased by 
up to five additional points if pollution prevention measures are used 
to control five or more of the emission points included in the emissions 
average.
    (B) If a plant site has two or more affected sources for which 
emissions averaging is being used to demonstrate compliance, the number 
of emission points allowed in the emissions average for those affected 
sources is limited to twenty. This number may be increased by up to five 
additional emission points if pollution prevention measures are used to 
control five or more of the emission points included in the emissions 
averages.
    (2) Compliance with the provisions of this section can be based on 
either organic HAP or TOC.
    (3) For the purposes of these provisions, whenever Method 18 is 
specified within the paragraphs of this section or is specified by 
reference through provisions outside this section, Method 18 or Method 
25A may be used. The use of Method 25A shall comply with paragraphs 
(a)(3)(i) and (a)(3)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A shall 
be the single organic HAP representing the largest percent by volume of 
the emissions.
    (ii) The use of Method 25A 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.
    (b) Unless an operating permit application has been submitted, the 
owner or operator shall develop and submit for approval an Emissions 
Averaging Plan containing all of the information required in 
Sec. 63.506(e)(4) for all emission points to be included in an emissions 
average.
    (c) Paragraphs (c)(1) through (c)(4) of this section describe the 
emission points that 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. Paragraph (c)(5) of this section discusses the 
use of pollution prevention in generating emissions averaging credits.
    (1) Storage vessels, batch front-end process vents, aggregate batch 
vent streams, continuous front-end process vents, and process wastewater 
streams that are determined to be Group 2 emission points.
    (2) Storage vessels, continuous front-end process vents, and process 
wastewater steams that are determined to be Group 1 emission points and 
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.
    (3) Batch front-end process vents and aggregate batch vent streams 
that are determined to be Group 1 emission points and that are 
controlled to a level more stringent than the applicable standard.
    (4) Back-end process operations that are controlled such that 
organic HAP emissions from the back-end process operation are less than 
would be achieved by meeting the residual organic HAP limits in 
Sec. 63.494. For the purposes of the emission averaging provisions in 
this section, all back-end process operations at an affected facility 
shall be considered a single emission point.
    (5) The percent reduction for any storage vessel, batch front-end 
process vent, aggregate batch vent stream, continuous front-end process 
vent, and process wastewater stream shall be determined using the 
procedures specified in paragraph (j) of this section.
    (i) For a Group 1 storage vessel, batch front-end process vent, 
aggregate batch vent stream, continuous front-end process vent, or 
process wastewater stream, the pollution prevention measure must reduce 
emissions more than if the reference control technology or standard had 
been applied to the emission point instead of the pollution prevention 
measure, except as provided in paragraph (c)(5)(ii) of this section.

[[Page 519]]

    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 storage vessel, batch front-end process 
vent, aggregate batch vent stream, continuous front-end process vent, or 
process wastewater stream, the pollution prevention measure alone does 
not have to reduce emissions more than the reference control technology 
or standard, but the combination of the pollution prevention measure and 
other controls must reduce emissions more than if the applicable 
reference control technology or standard had been applied instead of the 
pollution prevention measure.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990 cannot be used to generate credits unless the level of control was 
increased after November 15, 1990. In this case, credit will be allowed 
only for the increase in control after November 15, 1990.
    (2) Group 1 emission points, identified in paragraph (c)(2) of this 
section, that are controlled by a reference control technology cannot be 
used to generate credits 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.
    (3) Emission points on nonoperating EPPU cannot be used to generate 
credits. EPPU that are shutdown cannot be used to generate credits or 
debits.
    (4) Maintenance wastewater cannot be used to generate credits. 
Wastewater streams treated in biological treatment units cannot be used 
to generate credits. 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 cannot be used to generate credits, unless 
the level of control has been increased after November 15, 1990 to a 
level 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 emission point is subsequently made subject to a State or 
Federal rule other than this subpart, the emission point can continue to 
generate emissions averaging credit for the purpose of complying with 
the previously approved emissions average.
    (e) For all emission points included in an emissions average, the 
owner or operator shall perform the following tasks:
    (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 or standard for those emission points. The Group 1 
emission points are identified in paragraphs (c)(2) through (c)(4) of 
this section. Equations in paragraph (g) of this section shall be used 
to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 and 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 owner or operator may choose to include more than the 
required number of credit-generating emission points in an emissions 
average in order to increase the likelihood of being in compliance.
    (ii) The initial demonstration in the Emissions Averaging 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.

[[Page 520]]

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. 63.506(e)(6). Every fourth 
Periodic Report shall include a certification of compliance with the 
emissions averaging provisions as required by 
Sec. 63.506(e)(6)(vi)(D)(2).
    (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 during the 
following periods:
    (1) Emissions during periods of startup, shutdown, and malfunction 
as described in the Startup, Shutdown, and Malfunction Plan.
    (2) Emissions during periods of monitoring excursions, as defined in 
Sec. 63.505 (g) or (h). For these periods, the calculation of monthly 
credits and debits shall be adjusted as specified in paragraphs 
(f)(2)(i) through (f)(2)(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 applicable reference 
control technology or standard and the emissions allowed for the Group 1 
emission point. Debits shall be calculated as follows:
    (1) Source-wide debits shall be calculated using Equation 33. Debits 
and all terms of the equation are in units of megagrams per month (Mg/
month).
[GRAPHIC] [TIFF OMITTED] TR05SE96.031

where:
ECFEPViACTUAL=Emissions from each Group 1 continuous front-
end process vent i that is uncontrolled or is controlled to a level less 
stringent than the applicable reference control technology. 
ECFEPViACTUAL is calculated according to paragraph 
(g)(2)(iii) of this section.
(0.02)ECFEPViu=Emissions from each Group 1 continuous front-
end process vent i if the applicable reference control technology had 
been applied to the uncontrolled emissions. ECFEPViu is 
calculated according to paragraph (g)(2)(ii) of this section.

[[Page 521]]

ESiACTUAL=Emissions from each Group 1 storage vessel i that 
is uncontrolled or is controlled to a level less stringent than the 
applicable reference control technology or standard. 
ESiACTUAL is calculated according to paragraph (g)(3) of this 
section.
(0.05)ESiu=Emissions from each Group 1 storage vessel i if 
the applicable reference control technology or standard had been applied 
to the uncontrolled emissions. ESiu is calculated according 
to paragraph (g)(3) of this section.
EBEPACTUAL=Emissions from back-end process operations that do 
not meet the residual organic HAP limits in Sec. 63.494. 
EBEPACTUAL is calculated according to paragraph (g)(4)(i) of 
this section.
EBEPc=Emissions from back-end process operations if the 
residual organic HAP limits in Sec. 63.494(a) were met. EBEPc 
is calculated according to paragraph (g)(4)(ii) 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 
applicable reference control technology. EWW2iACTUAL 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. EWWic is calculated according to paragraph (g)(5) 
of this section.
EBFEPViACTUAL=Emissions from each Group 1 batch front-end 
process vent stream i that is uncontrolled or is controlled to a level 
less stringent than the reference control technology. 
EBFEPViACTUAL is calculated according to paragraph (g)(6)(ii) 
of this section.
(0.1)EBFEPViu=Emissions from each Group 1 batch front-end 
process vent i if the applicable reference control technology or 
standard had been applied to the uncontrolled emissions. 
EBFEPViu is calculated according to paragraph (g)(6)(i) of 
this section.
EABViACTUAL=Emissions from each Group 1 aggregate batch vent 
stream i that is uncontrolled or is controlled to a level less stringent 
than the applicable reference control technology. EABViACTUAL 
is calculated according to paragraph (g)(7)(iii) of this section.
(0.1)EABViu=Emissions from each Group 1 aggregate batch vent 
stream i if the applicable reference control technology had been applied 
to the uncontrolled emissions. EABViu is calculated according 
to paragraph (g)(7)(ii) of this section.
n=The number of emission points being included in the emissions average.

    (2) Emissions from continuous front-end process vents shall be 
calculated as follows:
    (i) For purposes of determining continuous front-end 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 continuous 
front-end process vents, recovery devices shall not be considered 
control devices); and before discharge to the atmosphere. Method 1 or 1A 
of 40 CFR part 60, appendix A, shall be used for selection of the 
sampling site.
    (ii) ECFEPViu for each continuous front-end process vent 
i shall be calculated using Equation 34.
[GRAPHIC] [TIFF OMITTED] TR05SE96.032

where:
ECFEPViu=Uncontrolled continuous front-end process vent 
emission rate from continuous front-end process vent i, Mg/month.

[[Page 522]]

Q=Vent stream flow rate, dry standard m3/min, measured using 
Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
h=Monthly hours of operation during which positive flow is present in 
the continuous front-end process vent, hr/month.
Cj=Concentration, ppmv, dry basis, of organic HAP j as 
measured by Method 18 or Method 25A of 40 CFR part 60, appendix A.
Mj=Molecular weight of organic HAP j, gram per gram-mole.
n=Number of organic HAP in stream.

    (A) The values of Q and Cj shall be determined during a 
performance test conducted under representative operating conditions. 
The values of Q and Cj 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 and Cj are no longer 
representative, a new performance test shall be conducted to determine 
new representative values of Q and Cj. 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 ECFEPViACTUAL:
    (A) If the continuous front-end process vent is not controlled by a 
control device or pollution prevention measure, ECFEPViACTUAL 
= ECFEPViu, where ECFEPViu is calculated according 
to the procedures contained in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section.
    (B) If the continuous front-end process vent is controlled using a 
control device or a pollution prevention measure achieving less than 98-
percent reduction, ECFEPViACTUAL is calculated using Equation 
35.
[GRAPHIC] [TIFF OMITTED] TR05SE96.033

Where:

ECFEPViACTUAL = Emissions from each Group 1 continuous front-
end process vent i that is uncontrolled or is controlled to a level less 
stringent than the reference control technology.
ECFEPViu = Uncontrolled continuous front-end process vent 
emission rate from continuous front-end process vent i, Mg/month.
    (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. 63.116(b) of 
subpart G, the percent reduction shall be 98 percent. If a noncombustion 
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 continuous front-end process 
vents, product recovery devices shall not be considered control devices 
and cannot be assigned a percent reduction in calculating 
ECFEPViACTUAL. 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 subpart G, a Group 1 
continuous front-end process vent may add sufficient product recovery to 
raise the TRE index value above 1.0, thereby becoming a Group 2 
continuous front-end process vent. Such a continuous front-end process 
vent would not be a Group 1 continuous front-end process vent and would, 
therefore, not be included in determining debits under this paragraph.

[[Page 523]]

    (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 using the 
procedures specified in Sec. 63.150(g)(3) of subpart G.
    (4) Emissions from back-end process operations shall be calculated 
as follows:
    (i) Equation 36 shall be used to calculate EBEPACTUAL:
    [GRAPHIC] [TIFF OMITTED] TR05SE96.034
    
where:

EBEPACTUAL = Actual emissions from back-end process 
operations, Mg/month.
Ci = Residual organic HAP content of sample i, kg organic HAP 
per Mg latex or dry crumb rubber.
Pi = Weight of latex or dry crumb rubber leaving the stripper 
represented by sample i, Mg.
    (ii) Equation 37 shall be used to calculate EBEPc:
    [GRAPHIC] [TIFF OMITTED] TR05SE96.051
    
where:

EBEPc = Emissions from back-end process operations if the 
residual organic HAP limits in Sec. 63.494(a) were met, Mg/month.
HAPlimit = Residual organic HAP limits in Sec. 63.494 of this 
subpart, kg organic HAP per Mg latex or dry crumb rubber.
Pmonth=Weight of latex or dry crumb rubber leaving the 
stripper in the month, Mg.

    (5) Emissions from wastewater shall be calculated using the 
procedures specified in Sec. 63.150(g)(5) of subpart G.
    (6) Emissions from batch front-end process vents shall be calculated 
as follows:
    (i) EBFEPViu for each batch front-end process vent i 
shall be calculated using the procedures specified in Sec. 63.488(b).
    (ii) The following procedures and equations shall be used to 
determine EBFEPViACTUAL:
    (A) If the batch front-end process vent is not controlled by a 
control device or pollution prevention measure, 
EBFEPViACTUAL=EBFEPViu, where EBFEPViu 
is calculated according to the procedures in Sec. 63.488(b).
    (B) If the batch front-end process vent is controlled using a 
control device or a pollution prevention measure achieving less than 90 
percent reduction for the batch cycle, calculate 
EBFEPViACTUAL using Equation 38, where percent reduction is 
for the batch cycle.
[GRAPHIC] [TIFF OMITTED] TR05SE96.035


[[Page 524]]


    (1) The percent reduction for the batch cycle shall be measured 
according to the procedures in Sec. 63.490(c)(2).
    (2) The percent reduction for control devices shall be calculated 
according to the procedures in Sec. 63.490 (c)(2)(i) through 
(c)(2)(iii).
    (3) The percent reduction of pollution prevention measures shall be 
calculated using the procedures specified in paragraph (j) of this 
section.
    (7) Emissions from aggregate batch vents shall be calculated as 
follows:
    (i) For purposes of determining aggregate batch vent stream flow 
rate, organic HAP concentrations, and temperature, the sampling site 
shall be before any control device and before discharge to the 
atmosphere. Method 1 or 1A of 40 CFR part 60, appendix A, shall be used 
for selection of the sampling site.
    (ii) EABViu for each aggregate batch vent i shall be 
calculated using Equation 39.
[GRAPHIC] [TIFF OMITTED] TR05SE96.036

where:

EABViu=Uncontrolled aggregate batch vent emission rate from 
aggregate batch vent i, Mg/month.
Q=Vent stream flow rate, dry standard cubic meters per minute, measured 
using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as 
appropriate.
h=Monthly hours of operation during which positive flow is present from 
the aggregate batch vent stream, hr/month.
Cj=Concentration, ppmv, dry basis, of organic HAP j as 
measured by Method 18 of 40 CFR part 60, appendix A.
Mj=Molecular weight of organic HAP j, gram per gram-mole.
n=Number of organic HAP in the stream.

    (A) The values of Q and Cj shall be determined during a 
performance test conducted under representative operating conditions. 
The values of Q and Cj shall be established in the 
Notification of Compliance Status and must be updated as provided in 
paragraph (g)(7)(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 and Cj are no longer 
representative, a new performance test shall be conducted to determine 
new representative values of Q and Cj. 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 EABViACTUAL:
    (A) If the aggregate batch vent is not controlled by a control 
device or pollution prevention measure, EABViACTUAL = 
EABViu, where EABViu is calculated according to 
the procedures in paragraphs (g)(7)(i) and (g)(7)(ii) of this section.
    (B) If the aggregate batch vent stream is controlled using a control 
device or a pollution prevention measure achieving less than 90 percent 
reduction, calculate EABViACTUAL using Equation 40.
[GRAPHIC] [TIFF OMITTED] TR05SE96.037


[[Page 525]]


    (1) The percent reduction for control devices shall be determined 
according to the procedures in Sec. 63.490(e).
    (2) The percent reduction of pollution prevention measures shall be 
calculated according to the procedures 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 that 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) Source-wide credits shall be calculated using Equation 41. 
Credits and all terms of the equation are in units of Mg/month, and the 
baseline date is November 15, 1990.
[GRAPHIC] [TIFF OMITTED] TR05SE96.038

where:
D = Discount factor = 0.9 for all credit generating emission points, 
except those controlled by a pollution prevention measure; discount 
factor = 1.0 for each credit generating emission point controlled by a 
pollution prevention measure (i.e., no discount provided).
ECFEPV1iACTUAL = Emissions for each Group 1 continuous front-
end process vent i that is controlled to a level more stringent than the 
reference control technology. ECFEPV1iACTUAL is calculated 
according to paragraph (h)(2)(ii) of this section.
(0.02)ECFEPV1iu = Emissions from each Group 1 continuous 
front-end process vent i if the reference control technology had been 
applied to the uncontrolled emissions. ECFEPV1iu is 
calculated according to paragraph (h)(2)(i) of this section.
ECFEPV2iACTUAL = Emissions from each Group 2 continuous 
front-end process vent i that is controlled. ECFEPV2iACTUAL 
is calculated according to paragraph (h)(2)(iii) of this section.
ECFEPV2iBASE = Emissions from each Group 2 continuous front-
end process vent i at the baseline date. ECFEPV1iBASE is 
calculated in paragraph (h)(2)(iv) 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 or standard. ES1iACTUAL is 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. ES2iACTUAL is calculated according to 
paragraph (h)(3) of this section.
ES2iBASE = Emissions from each Group 2 storage vessel i at 
the baseline date. ES2iBASE is calculated in paragraph (h)(3) 
of this section.

[[Page 526]]

EBEPACTUAL = Actual emissions from back-end process 
operations, Mg/month. EBEPACTUAL is calculated in paragraph 
(h)(4)(i) of this section.
EBEPc = Emissions from back-end process operations if the 
residual organic HAP limits in Sec. 63.494(a) were met, Mg/month. 
EBEPc is calculated in paragraph (h)(4)(ii) 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. EWW1iACTUAL is 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. EWW1ic is calculated according to paragraph (h)(5) 
of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater stream i 
that is controlled. EWW2iACTUAL is calculated according to 
paragraph (h)(5) of this section.
EWW2iBASE = Emissions from each Group 2 wastewater stream i 
at the baseline date. EWW2iBASE is calculated according to 
paragraph (h)(5) of this section.
(0.1) EBFEPV1iu = Emissions from each Group 1 batch front-end 
process vent i if the applicable reference control technology had been 
applied to the uncontrolled emissions. EBFEPViu is calculated 
according to paragraph (h)(6)(i) of this section.
EBFEPV1iACTUAL = Emissions from each Group 1 batch front-end 
process vent i that is controlled to a level more stringent than the 
reference control technology. EBFEPV1iACTUAL is calculated 
according to paragraph (h)(6)(ii) of this section.
(0.1)EABV1iu = Emissions from each Group 1 aggregate batch 
vent stream i if the applicable reference control technology had been 
applied to the uncontrolled emissions. EABV1iu is calculated 
according to paragraph (h)(7)(i) of this section.
EABV1iACTUAL = Emissions from each Group 1 aggregate batch 
vent stream i that is controlled to a level more stringent than the 
reference control technology or standard. EABV1iACTUAL is 
calculated according to paragraph (h)(7)(ii) of this section.
EBFEPV2iBASE = Emissions from each Group 2 batch front-end 
process vent i at the baseline date. EBFEPV2iBASE is 
calculated according to paragraph (h)(6)(iv) of this section.
EBFEPV2iACTUAL = Emissions from each Group 2 batch front-end 
process vent i that is controlled. EBFEPV2iACTUAL is 
calculated according to paragraph (h)(6)(iii) of this section.
EABV2iBASE = Emissions from each Group 2 aggregate batch vent 
stream i at the baseline date. EABV2iBASE is calculated 
according to paragraph (g)(7)(iv) of this section.
EABV2iACTUAL = Emissions from each Group 2 aggregate batch 
vent stream i that is controlled. EABV2iACTUAL is calculated 
according to paragraph (g)(7)(iii) 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 continuous front-end 
process vents, batch front-end process vents, aggregate batch vent 
streams, storage vessels, wastewater streams, or the collection of 
process sections within the affected source.
m = Number of Group 2 emission points included in the emissions average. 
The value of m is not necessarily the same for continuous front-end 
process vents, batch front-end process vents, aggregate batch vent 
streams, storage vessels, wastewater streams, or the collection of 
process sections within the affected source.
    (i) Except as specified in paragraph (h)(1)(iv) of this section, 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

[[Page 527]]

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. A reference control 
technology may be approved for use in a different manner and assigned a 
higher nominal efficiency according to the procedure in paragraph (i) of 
this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, except for back-end process operation emissions, the nominal 
efficiency for calculating credits shall be as determined as described 
in paragraph (j) of this section. Emissions for back-end process 
operations shall be determined as described in paragraph (h)(4) of this 
section.
    (iv) For Group 1 and Group 2 batch front-end process vents and Group 
1 and Group 2 aggregate batch vent streams, the percent reduction for 
calculating credits shall be the percent reduction determined according 
to the procedures in paragraphs (h)(6)(ii) and (h)(6)(iii) of this 
section for batch front-end process vents and paragraphs (h)(7)(ii) and 
(h)(7)(iii) of this section for aggregate batch vent streams.
    (2) Emissions from continuous front-end process vents shall be 
determined as follows:
    (i) Uncontrolled emissions from Group 1 continuous front-end process 
vents, ECFEPV1iu, shall be calculated according to the 
procedures and equation for ECFEPViu in paragraphs (g)(2)(i) 
and (g)(2)(ii) of this section.
    (ii) Actual emissions from Group 1 continuous front-end 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, ECFEPV1iACTUAL, 
shall be calculated using Equation 42.
[GRAPHIC] [TIFF OMITTED] TR05SE96.039

Where:
ECFEPV1iACTUAL = Emissions for each Group 1 continuous front-
end process vent i that is controlled to a level more stringent than the 
reference control technology.
ECFEPV1iu = Emissions from each Group 1 continuous front-end 
process vent i if the reference control technology had been applied to 
the uncontrolled emissions.
    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 continuous front-end process vents, 
ECFEPV2iACTUAL:
    (A) For a Group 2 continuous front-end process vent controlled by a 
control device, a recovery device applied as a pollution prevention 
project, or a pollution prevention measure, where the control achieves a 
percent reduction less than or equal to 98 percent reduction, Equation 
43 shall be used.
[GRAPHIC] [TIFF OMITTED] TR05SE96.040

    Where:
ECFEPV2iACTUAL=Emissions from each Group 2 continuous

[[Page 528]]

front-end process vent i that is controlled.
ECFEPV2iu=Emissions from each Group 2 continuous front-end 
process vent i if the reference control technology had been applied to 
the uncontrolled emissions.
    (1) ECFEPV2iu shall be calculated according to the 
equations and procedures for ECFEPViu 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, ECFEPV2iu shall be calculated prior to that recovery 
device. The equation for ECFEPViu in paragraph (g)(2)(ii) of 
this section shall be used to calculate ECFEPV2iu; 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 continuous front-end 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, Equation 44 shall be used.
[GRAPHIC] [TIFF OMITTED] TR05SE96.041

Where:
ECFEPV2iACTUAL=Emissions from each Group 2 continuous
front-end process vent i that is controlled.
ECFEPV2iu=Emissions from each Group 2 continuous front-end 
process vent i if the reference control technology had been applied to 
the uncontrolled emissions.
    (iv) Emissions from Group 2 continuous front-end process vents at 
baseline, ECFEPV2iBASE, shall be calculated as follows:
    (A) If the continuous front-end process vent was uncontrolled on 
November 15, 1990, ECFEPV2iBASE=ECFEPV2iu and 
shall be calculated according to the procedures and equation for 
ECFEPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this 
section.
    (B) If the continuous front-end process vent was controlled on 
November 15, 1990, Equation 45 shall be used.
[GRAPHIC] [TIFF OMITTED] TR05SE96.042

    (1) ECFEPV2iu is calculated according to the procedures 
and equation for ECFEPViu in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section.
    (2) 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 as part of a pollution prevention 
project initiated after November 15, 1990, 
ECFEPV2iBASE=ECFEPV2iu, where ECFEPV2iu 
is calculated according to paragraph (h)(2)(iii)(A)(3) of this section.

[[Page 529]]

    (3) Emissions from storage vessels shall be calculated using the 
procedures specified in Sec. 63.150(h)(3) of subpart G.
    (4) Emissions from back-end process operations shall be calculated 
as follows:
    (i) EBEPACTUAL shall be calculated according to the 
equation for EBEPACTUAL contained in paragraph (g)(4)(i) of 
this section.
    (ii) EBEPc shall be calculated according to the equation 
for EBEPc contained in paragraph (g)(4)(ii) of this section.
    (5) Emissions from wastewater streams shall be calculated using the 
procedures specified in Sec. 63.150(h)(5) of subpart G.
    (6) Emissions from batch front-end process vents shall be determined 
as follows:
    (i) Uncontrolled emissions from Group 1 batch front-end process 
vents (EBFEPV1iu) shall be calculated according using the 
procedures specified in Sec. 63.488(b).
    (ii) Actual emissions from Group 1 batch front-end process vents 
controlled to a level more stringent than the reference control 
technology (EBFEPV1iACTUAL) shall be calculated using 
Equation 46, where percent reduction is for the batch cycle.
[GRAPHIC] [TIFF OMITTED] TR05SE96.043

    (A) The percent reduction for the batch cycle shall be calculated 
according to the procedures in Sec. 63.490(c)(2).
    (B) The percent reduction for control devices shall be determined 
according to the procedures in Sec. 63.490(c)(2)(i) through (c)(2)(iii).
    (C) The percent reduction of pollution prevention measures shall be 
calculated using the procedures specified in paragraph (j) of this 
section.
    (iii) Actual emissions from Group 2 batch front-end process vents 
(EBFEPV2iACTUAL) shall be calculated using Equation 47 and 
the procedures in paragraphs (h)(6)(ii)(A) through (h)(6)(ii)(C) of this 
section. EBFEPV2iu shall be calculated using the procedures 
specified in Sec. 63.488(b).
[GRAPHIC] [TIFF OMITTED] TR05SE96.044

    (iv) Emissions from Group 2 batch front-end process vents at 
baseline shall be calculated as follows:
    (A) If the batch front-end process vent was uncontrolled on November 
15, 1990, EBFEPV2iBASE=EBFEPV2iu and shall be 
calculated according to the procedures using the procedures specified in 
Sec. 63.488(b).
    (B) If the batch front-end process vent was controlled on November 
15, 1990, use Equation 48 and the procedures in paragraphs (h)(6)(ii)(A) 
through (h)(6)(ii)(C) of this section. EBFEPV2iu shall be 
calculated using the procedures specified in Sec. 63.488(b).
[GRAPHIC] [TIFF OMITTED] TR05SE96.045


[[Page 530]]


    (7) Emissions from aggregate batch vent streams shall be determined 
as follows:
    (i) Uncontrolled emissions from Group 1 aggregate batch vent streams 
(EABV1iu) shall be calculated according to the procedures and 
equation for EABViu in paragraphs (g)(7)(i) and (g)(7)(ii) of 
this section.
    (ii) Actual emissions from Group 1 aggregate batch vent streams 
controlled to a level more stringent than the reference control 
technology (EABV1iACTUAL) shall be calculated using Equation 
49.
[GRAPHIC] [TIFF OMITTED] TR05SE96.046

    (A) The percent reduction for control devices shall be determined 
according to the procedures in Sec. 63.490(e).
    (B) The percent reduction of pollution prevention measures shall be 
calculated using the procedures specified in paragraph (j) of this 
section.
    (iii) Actual emissions from Group 2 aggregate batch vents streams 
(EABV2iACTUAL) shall be calculated using Equation 50 and the 
procedures in paragraphs (h)(7)(ii)(A) through (h)(7)(ii)(B) of this 
section. EABV2iu shall be calculated according to the 
equations and procedures for EABViu in paragraphs (g)(7)(i) 
and (g)(7)(ii) of this section.
[GRAPHIC] [TIFF OMITTED] TR05SE96.047

    (iv) Emissions from Group 2 aggregate batch vent streams at baseline 
shall be calculated as follows:
    (A) If the aggregate batch vent stream was uncontrolled on November 
15, 1990, EABV2iBASE=EABV2iu and shall be 
calculated according to the procedures and equation for 
EABViu in paragraph (g)(7)(i) and (g)(7)(ii) of this section.
    (B) If the aggregate batch vent stream was controlled on November 
15, 1990, use Equation 51 and the procedures in paragraphs (h)(7)(ii)(A) 
through (h)(7)(ii)(B) of this section. EABV2iu shall be 
calculated according to the equations and procedures for 
EABViu in paragraphs (g)(7)(i) and (g)(7)(ii) of this 
section.
[GRAPHIC] [TIFF OMITTED] TR05SE96.048

    (i) The following procedures shall be followed to establish nominal 
efficiencies for emission controls for storage vessels, continuous 
front-end process vents, and process wastewater streams. 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 subpart G.
    (1) In those cases where the owner or operator is seeking permission 
to take

[[Page 531]]

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. 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 operating 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 operating 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 grant permission to take emission credits 
for use of the control technology. The Administrator may also impose 
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 paragraph (i)(1)(i) can be 
submitted to the permitting authority for the affected 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 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 
that the control

[[Page 532]]

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 for 
storage vessels, continuous front-end process vents, batch front-end 
process vents, aggregate batch vent streams, and wastewater streams:
    (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 organic 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 is used 
in the equations in paragraphs (g)(2) through (g)(7) of this section and 
paragraphs (h)(2) through (h)(7) 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) Equation 52 shall be used to calculate the percent reduction of 
a pollution prevention measure for each emission point.
[GRAPHIC] [TIFF OMITTED] TR05SE96.049

where:

Percent reduction=Efficiency of pollution prevention measure (percent 
organic HAP reduction).
EB=Monthly emissions before the pollution prevention measure, 
Mg/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, 
Mg/month, as determined for the most recent month, determined as 
specified in either paragraphs (j)(2)(ii)(D) or (j)(2)(ii)(E) of this 
section.
PB=Monthly production before the pollution prevention 
measure, Mg/month, during the same period over which EB is 
calculated.
Ppp=Monthly production after the pollution prevention 
measure, Mg/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 paragraph (g)(2) of this section for 
continuous front-end process vents, paragraph (g)(3) of this section for 
storage vessels, paragraph (g)(6) of this section for batch front-end 
process vents, and paragraph (g)(7) of this section for aggregate batch 
vent streams.

[[Page 533]]

    (B) For wastewater, E B shall be calculated according to 
Sec. 63.150(j)(2)(ii)(B) of subpart G.
    (C) If the pollution prevention measure was implemented prior to 
September 5, 1996, records may be used to determine E B.
    (D) The monthly emissions after the pollution prevention measure, E 
pp, 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, E pp shall be calculated according to 
Sec. 63.150(j)(2)(ii)(E) of subpart G.
    (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)(7) 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 an 
affected 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 emissions average 
will not result in greater hazard, or at the option of the 
Administrator, greater risk to human health or the environment than if 
the emission points were controlled according to the provisions in 
Secs. 63.484, 63.485, 63.486, 63.493, and 63.501.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the Administrator.
    (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 Emissions Averaging 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 
emissions 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. 63.484, 63.485, 63.486, 63.493, and 
63.501.
    (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 monitoring 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)(2)(i) 
and (f)(2)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of 
monitoring excursions in the Periodic Reports as required in 
Sec. 63.506(e)(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 was operating in such a 
fashion to warrant assigning full or partial credits and debits. This 
demonstration shall be

[[Page 534]]

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 
excursion and the other types 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 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. 63.484, 63.485, 63.486, 63.493, and 63.501, as 
applicable. If back-end process operations are included in an emissions 
average, the owner or operator shall perform testing, monitoring, 
recordkeeping, and reporting equivalent to that required for back-end 
process operations complying with Sec. 63.493. The specific requirements 
for continuous front-end process vents, batch front-end process vents, 
aggregate batch vent streams, storage vessels, back-end process 
operations, and wastewater are identified in paragraphs (m)(1) through 
(m)(6) of this section.
    (1) For each continuous front-end process vent equipped with a 
flare, incinerator, boiler, or process heater, as appropriate to the 
control technique:
    (i) Determine whether the continuous front-end process vent is Group 
1 or Group 2 according to the procedures specified in Sec. 63.115 of 
subpart G and as required by Sec. 63.485;
    (ii) Conduct initial performance tests to determine percent 
reduction as specified in Sec. 63.116 of subpart G and as required by 
Sec. 63.485; and
    (iii) Monitor the operating parameters, keep records, and submit 
reports as specified in Sec. 63.114, Sec. 63.117(a), and Sec. 63.118(a), 
(f), and (g) of subpart G, as required, for the specific control device 
as required by Sec. 63.485.
    (2) For each continuous front-end process vent equipped with a 
carbon adsorber, absorber, or condenser but not equipped with a control 
device, as appropriate to the control technique:
    (i) Determine the flow rate, organic HAP concentration, and TRE 
index value according to the procedures specified in Sec. 63.115 of 
subpart G; and
    (ii) Monitor the operating parameters, keep records, and submit 
reports according to the procedures specified in Sec. 63.114, 
Sec. 63.117(a), and Sec. 63.118 (b), (f), and (g) of subpart G, as 
required, for the specific recovery device, and as required by 
Sec. 63.485.
    (3) 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 according to the 
procedures specified in Sec. 63.120 of subpart G, and as required by 
Sec. 63.484;
    (ii) Perform the reporting and recordkeeping procedures according to 
the procedures specified in Secs. 63.122 and 63.123 of subpart G, and as 
required by Sec. 63.484; and
    (iii) For closed vent systems with control devices, conduct an 
initial design evaluation and submit an operating plan according to the 
procedures specified in Sec. 63.120(d) and Sec. 63.122(a)(2) and (b) of 
subpart G, and as required by Sec. 63.484.
    (4) For back-end process operations included in an emissions 
average:
    (i) If stripping technology, and no control or recovery device, is 
used to reduce back-end process operation emissions, the owner or 
operator shall implement the following portions of this subpart:
    (A) Paragraphs (b)(1), (b)(2), and (b)(3) of Sec. 63.495, paragraph 
(b) of Sec. 63.498, and the applicable provisions of Sec. 63.499, or
    (B) Paragraphs (c) (1), (2), and (3) of Sec. 63.495, paragraph (c) 
of Sec. 63.498, and the applicable provisions of Sec. 63.499;
    (ii) If a control or recovery device is used to reduce back-end 
process operation emissions, the owner or operator shall comply with 
Secs. 63.496, 63.497, 63.498(d), and the applicable provisions of 
63.499, and shall implement the provisions of these sections.
    (5) For wastewater emission points, as appropriate to the control 
techniques:

[[Page 535]]

    (i) For wastewater treatment processes, conduct tests according to 
the procedures specified in Sec. 63.138(i) and (j) of subpart G, and as 
required by Sec. 63.501;
    (ii) Conduct inspections and monitoring according to the procedures 
specified in Sec. 63.143 of subpart G, and as required by Sec. 63.501;
    (iii) Implement a recordkeeping program according to the procedures 
specified in Sec. 63.147 of subpart G, and as required by Sec. 63.501; 
and
    (iv) Implement a reporting program according to the procedures 
specified in Sec. 63.146 of subpart G, and as required by Sec. 63.501.
    (6) For each batch front-end process vent and aggregate batch vent 
stream equipped with a control device, as appropriate to the control 
technique:
    (i) Determine whether the batch front-end process vent or aggregate 
batch vent stream is Group 1 or Group 2 according to the procedures 
specified in Sec. 63.488;
    (ii) Conduct performance tests according to the procedures specified 
in Sec. 63.490;
    (iii) Conduct monitoring according to the procedures specified in 
Sec. 63.489; and
    (iv) Perform the recordkeeping and reporting procedures according to 
the procedures specified in Secs. 63.491 and 63.492.
    (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 required by 
Secs. 63.484, 63.485, 63.486, 63.493, or Sec. 63.501, the owner or 
operator shall submit the information specified in Sec. 63.506(f) for 
alternate monitoring parameters or inspection procedures in the 
Emissions Averaging Plan or operating permit application.
    (n) Records of all information required to calculate emission debits 
and credits shall be retained for 5 years.
    (o) Precompliance Reports, Emission Averaging Plans, Notifications 
of Compliance Status, Periodic Reports, and other reports shall be 
submitted as required by Sec. 63.506.



Sec. 63.504  Additional test methods and procedures.

    (a) Performance testing shall be conducted in accordance with 
Sec. 63.7 (a)(3), (d), (e), (g), and (h) of subpart A, with the 
exceptions specified in paragraphs (a)(1) through (a)(4) of this section 
and the additions specified in paragraph (b) of this section. Sections 
63.484 through 63.501 also contain specific testing requirements.
    (1) Performance tests shall be conducted according to the provisions 
of Sec. 63.7(e) of subpart A, except that performance tests shall be 
conducted at maximum representative operating conditions for the 
process.
    (2) References in Sec. 63.7(g) of subpart A to the Notification of 
Compliance Status requirements in Sec. 63.9(h) shall refer to the 
requirements in Sec. 63.506(e)(5).
    (3) Because the site-specific test plans in Sec. 63.7(c)(3) of 
subpart A are not required, Sec. 63.7(h)(4)(ii) is not applicable.
    (4) 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.
    (b) 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.



Sec. 63.505  Parameter monitoring levels and excursions.

    (a) Establishment of parameter monitoring levels. The owner or 
operator of a control or recovery device that has one or more parameter 
monitoring level requirements specified under this subpart shall 
establish a maximum or minimum level for each measured parameter using 
the procedures specified in paragraph (b), (c), or (d) of this section. 
The procedures specified in paragraph (b) have been approved by the 
Administrator. The procedures in paragraphs (c) and (d) of this section 
have not been approved by the Administrator, and determination of the 
parameter monitoring level using the procedures in paragraphs (c) or (d) 
of this section and is subject to review and approval by the 
Administrator. The determination and supporting documentation shall be 
included in the Precompliance Report.

[[Page 536]]

    (1) The owner or operator shall operate control and recovery devices 
such that monitored parameters remain above the minimum established 
level or below the maximum established level.
    (2) As specified in Sec. 63.506(e)(5) and Sec. 63.506(e)(8), all 
established levels, along with their supporting documentation and the 
definition of an operating day, shall be approved as part of and 
incorporated into the Notification of Compliance Status or operating 
permit, respectively.
    (3) Nothing in this section shall be construed to allow a monitoring 
parameter excursion caused by an activity that violates other applicable 
provisions of subparts A, F, or G of this part.
    (b) Establishment of parameter monitoring levels based on 
performance tests. The procedures specified in paragraphs (b)(1) through 
(b)(3) of this section shall be used, as applicable, in establishing 
parameter monitoring levels. Level(s) established under this paragraph 
shall be based on the parameter values measured during the performance 
test.
    (1) Storage tanks and wastewater. The maximum and/or minimum 
monitoring levels shall be based on the parameter values measured during 
the performance test, supplemented, if desired, by engineering 
assessments and/or manufacturer's recommendations.
    (2) Continuous front-end process vents and back-end process 
operations complying using control or recovery devices. During initial 
compliance testing, the appropriate parameter shall be continuously 
monitored during the required 1-hour runs. The monitoring level(s) shall 
then be established as the average of the maximum (or minimum) point 
values from the three test runs. The average of the maximum values shall 
be used when establishing a maximum level, and the average of the 
minimum values shall be used when establishing a minimum level.
    (3) Batch front-end process vents. The monitoring level(s) shall be 
established using the procedures specified in paragraphs (b)(3)(i) 
through (b)(3)(iii) of this section, as appropriate. The procedures 
specified in this paragraph may only be used if the batch emission 
episodes, or portions thereof, selected to be controlled were tested, 
and monitoring data were collected, during the entire period in which 
emissions were vented to the control device, as specified in 
Sec. 63.490(c)(1)(i). If the owner or operator chose to test only a 
portion of the batch emission episode, or portion thereof, selected to 
be controlled, as specified in Sec. 63.490(c)(1)(i)(A), the procedures 
in paragraph (c) of this section must be used.
    (i) If more than one batch emission episode or more than one portion 
of a batch emission episode has been selected to be controlled, a single 
level for the batch cycle shall be calculated as follows:
    (A) During initial compliance testing, the appropriate parameter 
shall be monitored continuously at all times when batch emission 
episodes, or portions thereof, selected to be controlled are vented to 
the control device.
    (B) The average monitored parameter value shall be calculated for 
each batch emission episode, or portion thereof, in the batch cycle 
selected to be controlled. The average shall be based on all values 
measured during the required performance test.
    (C) If the level to be established is a maximum operating parameter, 
the level shall be defined as the minimum of the average parameter 
values of the batch emission episodes, or portions thereof, in the batch 
cycle selected to be controlled.
    (D) If the level to be established is a minimum operating parameter, 
the level shall be defined as the maximum of the average parameter 
values of the batch emission episodes, or portions thereof, in the batch 
cycle selected to be controlled.
    (E) Alternatively, an average monitored parameter value shall be 
calculated for the entire batch cycle based on all values measured 
during each batch emission episode, or portion thereof, selected to be 
controlled.
    (ii) Instead of establishing a single level for the batch cycle, as 
described in paragraph (b)(3)(i) of this section, an owner or operator 
may establish separate levels for each batch emission episode, or 
portion thereof, selected to be controlled. Each level shall be 
determined as specified in paragraphs

[[Page 537]]

(b)(3)(i)(A) and (b)(3)(i)(B) of this section.
    (iii) The batch cycle shall be defined in the Notification of 
Compliance Status, as specified in Sec. 63.506(e)(5). The definition 
shall include an identification of each batch emission episode and the 
information required to determine parameter monitoring compliance for 
partial batch cycles (i.e., when part of a batch cycle is accomplished 
during two different operating days).
    (4) Aggregate batch vent streams. For aggregate batch vent streams, 
the monitoring level shall be established in accordance with paragraph 
(b)(2) of this section.
    (c) Establishment of parameter monitoring levels based on 
performance tests, engineering assessments, and/or manufacturer's 
recommendations. As required in paragraph (a) of this section, the 
information specified in paragraphs (c)(2) and (c)(3) of this section 
shall be provided in the Precompliance Report.
    (1) Parameter monitoring levels established under this paragraph 
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 expected parameter values.
    (2) The specific level of the monitored parameter(s) for each 
emission point.
    (3) The rationale for the specific level for each parameter for each 
emission point, including any data and calculations used to develop the 
level and a description of why the level indicates proper operation of 
the control or recovery device.
    (d) Establishment of parameter monitoring based on engineering 
assessments and/or manufacturer's recommendations. If a performance test 
is not required by this subpart for a control or recovery device, the 
maximum or minimum level may be based solely on engineering assessments 
and/or manufacturer's recommendations. As required in paragraph (a) of 
this section, the determined level and all supporting documentation 
shall be provided in the Precompliance Report.
    (e) Demonstration of compliance with back-end process provisions 
using stripper parameter monitoring. If the owner or operator is 
demonstrating compliance with Sec. 63.495 using stripper parameter 
monitoring, stripper parameter levels shall be established for each 
grade in accordance with paragraphs (e)(1) and (e)(2) of this section. A 
single set of stripper parameter levels can be representative of 
multiple grades.
    (1) For each grade, the owner or operator shall calculate the 
residual organic HAP content using the procedures in paragraphs 
(e)(1)(i) and (e)(1)(ii) of this section.
    (i) The location of the sampling shall be in accordance with 
Sec. 63.495(d).
    (ii) The residual organic HAP content in each sample is to be 
determined using specified methods.
    (2) For each grade, the owner or operator shall establish stripper 
operating parameter levels that represent stripper operation during the 
residual organic HAP content determination in paragraph (e)(1) of this 
section. The stripper operating parameters shall include, at a minimum, 
temperature, pressure, steaming rates (for steam strippers), and some 
parameter that is indicative of residence time.
    (3) After the initial determinations, an owner or operator can add a 
grade, with corresponding stripper parameter levels, using the 
procedures in paragraphs (e)(1) and (e)(2) of this section. The results 
of this determination shall be submitted in the next periodic report.
    (4) An owner or operator complying with the residual organic HAP 
limitations in paragraph (a) of Sec. 63.494 using stripping, and 
demonstrating compliance by stripper parameter monitoring, shall 
redetermine the residual organic HAP content for all affected grades 
whenever process changes are made. For the purposes of this section, a 
process change is any action that would reasonably be expected to impair 
the performance of the stripping operation. For the purposes of this 
section, examples of process changes may include changes in production 
capacity or production rate, or removal or addition of equipment. For 
purposes of this paragraph, process changes do not include: Process 
upsets; unintentional, temporary process changes; or changes

[[Page 538]]

that reduce the residual organic HAP content of the elastomer.
    (f) Compliance determinations. The provisions of this paragraph 
apply only to emission points and control or recovery devices for which 
continuous monitoring is required under this subpart.
    (1) The parameter monitoring data for storage vessels, front-end 
process vents, back-end process operations complying through the use of 
control or recovery devices, process wastewater streams, and emission 
points included in emissions averages that are required to perform 
continuous monitoring shall be used to determine compliance for the 
monitored control or recovery devices.
    (2) Except as provided in paragraph (f)(3) and (i) of this section, 
for each excursion, as defined in paragraphs (g) and (h) of this 
section, the owner or operator shall be deemed out of compliance with 
the provisions of this subpart.
    (3) If the daily average value of a monitored parameter is above the 
maximum level or below the minimum level established, or if monitoring 
data cannot be collected during monitoring device calibration check or 
monitoring device malfunction, but the affected source is operated 
during the periods of startup, shutdown, or malfunction in accordance 
with the affected source's Startup, Shutdown, and Malfunction Plan, then 
the event shall not be considered a monitoring parameter excursion.
    (g) Parameter monitoring excursion definitions. (1) For storage 
vessels, continuous front-end process vents, aggregate batch vent 
streams, back-end process operations complying through the use of 
control or recovery devices, and wastewater streams, an excursion means 
any of the three cases listed in paragraphs (g)(1)(i) through 
(g)(1)(iii) of this section. For a control or recovery device where 
multiple parameters are monitored, if one or more of the parameters 
meets the excursion criteria in paragraphs (g)(1)(i) through (g)(1)(iii) 
of this section, this is considered a single excursion for the control 
or recovery device.
    (i) When the daily average value of one or more monitored parameters 
is above the maximum level or below the minimum level established for 
the given parameters.
    (ii) When the period of control or recovery device operation is 4 
hours or greater in an operating day and monitoring data are 
insufficient, as defined in paragraph (g)(1)(iv) of this section, to 
constitute a valid hour of data for at least 75 percent of the operating 
hours.
    (iii) When the period of control or recovery device operation is 
less than 4 hours in an operating day and more than two of the hours 
during the period of operation do not constitute a valid hour of data 
due to insufficient monitoring data, as defined in paragraph (g)(1)(iv) 
of this section.
    (iv) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (g)(1)(ii) and (g)(1)(iii) 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. 63.506(g)(3), monitoring data are insufficient to calculate a valid 
hour of data if there are less than four data measurements made during 
the hour.
    (2) For batch front-end process vents, an excursion means one of the 
two cases listed in paragraphs (g)(2)(i) and (g)(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 either paragraph 
(g)(2)(i) or (g)(2)(ii) of this section, this is considered a single 
excursion for the control device.
    (i) When the batch cycle daily average value of one or more 
monitored parameters is above the maximum or below the minimum 
established level for the given parameters.
    (ii) When monitoring data are insufficient. Monitoring data shall be 
considered insufficient when measured values are not available for at 
least 75 percent of the 15-minute periods when batch emission episodes, 
or portions thereof, selected to be controlled are being vented to the 
control device during the operating day.
    (h) Excursion definitions for back-end operations complying through 
stripping. (1) For back-end process operations complying through the use 
of stripping technology, and demonstrating compliance by sampling, an 
excursion means

[[Page 539]]

one of the two cases listed in paragraphs (h)(1)(i) and (h)(1)(ii) of 
this section.
    (i) When the monthly weighted average residual organic HAP content 
is above the applicable residual organic HAP limitation in Sec. 63.494; 
or
    (ii) When less than 75 percent of the samples required in 1 month 
are taken and analyzed in accordance with the provisions of 
Sec. 63.495(b).
    (2) For back-end process operations complying through the use of 
stripping technology, and demonstrating compliance by stripper parameter 
monitoring, an excursion means one of the three cases listed in 
paragraphs (h)(2)(i), (h)(2)(ii), and (h)(2)(iii) of this section.
    (i) When the monthly weighted average residual organic HAP content 
is above the applicable residual organic HAP limitation in Sec. 63.494;
    (ii) When an owner or operator fails to sample and analyze the 
organic HAP content of a sample for a grade with an hourly average 
stripper operating parameter value not in accordance with the 
established monitoring parameter levels for that parameter; or
    (iii) When an owner or operator does not collect sufficient 
monitoring data for at least 75 percent of the grades or batches 
processed during a month. Stripper monitoring data are considered 
insufficient if monitoring parameters are obtained for less than 75 
percent of the 15-minute periods during the processing of a grade, and a 
sample of that grade or batch is not taken and analyzed to determine the 
residual organic HAP content.
    (i) Excused excursions. A number of excused excursions shall be 
allowed for each control or recovery device for each semiannual period. 
The number of excused excursions for each semiannual period is specified 
in paragraphs (i)(1) through (i)(6) of this section. This paragraph 
applies to affected 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.
    (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.



Sec. 63.506   General recordkeeping and reporting provisions.

    (a) Data retention. Each owner or operator of an affected source 
shall keep copies of all applicable records and reports required by this 
subpart for at least 5 years, unless otherwise specified in this 
subpart.
    (b) Subpart A requirements. The owner or operator of an affected 
source shall comply with the applicable recordkeeping and reporting 
requirements in 40 CFR part 63, subpart A as specified in Table 1 of 
this subpart. These requirements include, but are not limited to, the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) Startup, shutdown, and malfunction plan. The owner or operator 
of an affected source shall develop and implement a written startup, 
shutdown, and malfunction plan as specified in Sec. 63.6(e)(3) of 
subpart A. This plan shall describe, in detail, procedures for operating 
and maintaining the affected source during periods of startup, shutdown, 
and malfunction and a program for corrective action for malfunctioning 
process and air pollution control equipment used to comply with this 
subpart. The affected source shall keep this plan onsite and shall 
incorporate it by reference into their operating permit. Records 
associated with the plan shall be kept as specified in paragraphs 
(b)(1)(i)(A) through (b)(1)(i)(D) of this section. Reports related to 
the plan shall be submitted as specified in paragraph (b)(1)(ii) of this 
section.
    (i) Records of startup, shutdown, and malfunction. The owner or 
operator shall keep the records specified in paragraphs (b)(1)(i)(A) 
through (b)(1)(i)(D) of this section.
    (A) Records of the occurrence and duration of each malfunction of 
air pollution control equipment or continuous monitoring systems used to 
comply with this subpart.

[[Page 540]]

    (B) For each startup, shutdown, or malfunction, a statement that the 
procedures specified in the affected source's startup, shutdown, and 
malfunction plan were followed; alternatively, documentation of any 
actions taken that are not consistent with the plan.
    (C) For continuous monitoring systems used to comply with this 
subpart, records documenting the completion of calibration checks and 
maintenance of continuous monitoring systems that are specified in the 
manufacturer's instructions.
    (D) Records specified in paragraphs (b)(1)(i)(B) and (b)(1)(i)(C) of 
this section are not required if they pertain solely to Group 2 emission 
points that are not included in an emissions average.
    (ii) Reports of startup, shutdown, and malfunction. For the purposes 
of this subpart, the semiannual startup, shutdown, and malfunction 
reports shall be submitted on the same schedule as the Periodic Reports 
required under paragraph (e)(6) of this section instead of the schedule 
specified in Sec. 63.10(d)(5)(i) of subpart A. The reports shall include 
the information specified in paragraphs (b)(1)(i)(A) through 
(b)(1)(i)(C) of this section and shall contain the name, title, and 
signature of the owner or operator or other responsible official who is 
certifying its accuracy.
    (2) Application for approval of construction or reconstruction. For 
new affected sources, each owner or operator shall comply with the 
provisions in Sec. 63.5 of subpart A regarding construction and 
reconstruction, excluding the provisions specified in 
Sec. 63.5(d)(1)(ii)(H), (d)(1)(iii), (d)(2), and (d)(3)(ii) of subpart 
A.
    (c) Subpart H requirements. Owners or operators of affected sources 
shall comply with the reporting and recordkeeping requirements in 
subpart H, except as specified in Sec. 63.502(g) through Sec. 63.502(i).
    (d) Recordkeeping and documentation. Owners or operators required to 
keep continuous records shall keep records as specified in paragraphs 
(d)(1) through (d)(8) of this section, unless an alternative 
recordkeeping system has been requested and approved as specified in 
paragraph (f), (g), or (h) of this section. Documentation requirements 
are specified in paragraphs (d)(9) and (d)(10) of this section.
    (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 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; or
    (iii) For batch front-end process vents, each batch cycle average or 
batch emission episode average, as appropriate, in addition to each 
measured data value recorded as required in paragraph (d)(2)(i) of this 
section.
    (3) Daily average (or batch cycle daily average) values of each 
continuously monitored parameter shall be calculated for each operating 
day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this 
section, except as specified in paragraph (d)(6) of this section.
    (i) The daily average value or batch cycle daily average shall be 
calculated as the average of all parameter values recorded during the 
operating day. As specified in Sec. 63.491(e)(2)(i), only parameter 
values measured during those batch emission episodes, or portions 
thereof, in the batch cycle that the owner or operator has chosen to 
control shall be used to calculate the average. The calculated 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 that the owner or 
operator specifies in the operating permit or the Notification of 
Compliance Status. It may be from midnight to midnight or another 24-
hour period.
    (4) Records required when out of compliance. If the daily average 
(or batch cycle daily average) value of a monitored parameter for a 
given operating day is below the minimum level or above the maximum 
level established

[[Page 541]]

in the Notification of Compliance Status or operating permit, the owner 
or operator shall retain the data recorded that operating day under 
paragraph (d)(2) of this section.
    (5) Records required when in compliance for daily average value or 
batch cycle daily average value. If the daily average (or batch cycle 
daily average) value of a monitored parameter for a given operating day 
is above the minimum level or below the maximum level established in the 
Notification of Compliance Status or operating permit, the owner or 
operator shall either:
    (i) Retain block average values for 1 hour or shorter periods for 
that operating day; or
    (ii) Retain the data recorded in paragraphs (d)(2)(i) and 
(d)(2)(iii) of this section.
    (6) Records required when all recorded values are in compliance. If 
all recorded values for a monitored parameter during an operating day 
are above the minimum level or below the maximum level established in 
the Notification of Compliance Status or operating permit, the owner or 
operator may record that all values were above the minimum level or 
below the maximum level rather than calculating and recording a daily 
average (or batch cycle daily average) for that operating day. For these 
operating days, the records required in paragraph (d)(5) of this section 
are required.
    (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.
    (8) In addition to the periods specified in paragraph (d)(7) of this 
section, records shall be kept of the times and durations of any other 
periods during process operation or control device operation when 
monitors are not operating. For batch front-end process vents, this 
paragraph only applies during batch emission episodes, or portions 
thereof, that the owner or operator has selected for control.
    (9) For each EPPU that is not part of the affected source because it 
does not use any organic HAP, the owner or operator shall maintain the 
documentation specified in Sec. 63.480(b)(1).
    (10) For each flexible operation unit in which the primary product 
is determined to be something other than an elastomer product, the owner 
or operator shall maintain the documentation specified in 
Sec. 63.480(f)(6).
    (e) Reporting and notification. (1) In addition to the reports and 
notifications required by subparts A and H, as specified in this 
subpart, the owner or operator of an affected source shall prepare and 
submit the reports listed in paragraphs (e)(3) through (e)(8) of this 
section, as applicable.
    (2) 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.
    (3) Precompliance Report. Affected sources requesting an extension 
for compliance, or requesting approval to use alternative monitoring 
parameters, alternative continuous monitoring and recordkeeping, or 
alternative controls, shall submit a Precompliance Report according to 
the schedule described in paragraph (e)(3)(i) of this section. The 
Precompliance Report shall contain the information specified in 
paragraphs (e)(3)(ii) through (e)(3)(vi) of this section, as 
appropriate.
    (i) Submittal dates. The Precompliance Report shall be submitted to 
the Administrator no later than 12 months prior to the compliance date. 
For new sources, the Precompliance Report shall be submitted to the 
Administrator with the application for approval of construction or 
reconstruction required in paragraph (b)(2) of this section.
    (ii) A request for an extension for compliance must be submitted in 
the Precompliance Report, if it has not been submitted to the operating 
permit authority as part of the operating permit application. The 
request for a compliance extension will include the data outlined in 
Sec. 63.6(i)(6)(i)(A), (B), and (D) of subpart A, as required in 
Sec. 63.481(e)(1).

[[Page 542]]

    (iii) The alternative monitoring parameter information required in 
paragraph (f) of this section shall be submitted if, for any emission 
point, the owner or operator of an affected source seeks to comply 
through the use of a control technique other than those for which 
monitoring parameters are specified in this subpart or in subpart G of 
this part, or seeks to comply by monitoring a different parameter than 
those specified in this subpart or in subpart G of this part.
    (iv) If the affected source seeks to comply using alternative 
continuous monitoring and recordkeeping as specified in paragraph (g) of 
this section, the information requested in paragraph (e)(3)(iv)(A) or 
(e)(3)(iv)(B) of this section must be submitted in the Precompliance 
Report.
    (A) The owner or operator must submit notification of the intent to 
use the provisions specified in paragraph (h) of this section; or
    (B) The owner or operator must submit a request for approval to use 
alternative continuous monitoring and recordkeeping provisions as 
specified in paragraph (g) of this section.
    (v) The owner or operator shall report the intent to use alternative 
controls to comply with the provisions of this subpart. Alternative 
controls must be deemed by the Administrator to be equivalent to the 
controls required by the standard, under the procedures outlined in 
Sec. 63.6(g) of subpart A.
    (4) Emissions Averaging Plan. For all existing affected sources 
using emissions averaging, an Emissions Averaging Plan shall be 
submitted for approval according to the schedule and procedures 
described in paragraph (e)(4)(i) of this section. The Emissions 
Averaging Plan shall contain the information specified in paragraph 
(e)(4)(ii) of this section, unless the information required in paragraph 
(e)(4)(ii) of this section is submitted with an operating permit 
application. An owner or operator of an affected source who submits an 
operating permit application instead of an Emissions Averaging Plan 
shall submit the information specified in paragraph (e)(8) of this 
section. In addition, a supplement to the Emissions Averaging Plan, as 
required under paragraph (e)(4)(iii) of this section, is to be submitted 
whenever alternative controls or operating scenarios may be used to 
comply with this subpart. Updates to the Emissions Averaging Plan shall 
be submitted in accordance with paragraph (e)(4)(iv) of this section.
    (i) Submittal and approval. The Emissions Averaging Plan shall be 
submitted no later than 18 months prior to the compliance date, and is 
subject to Administrator approval. The Administrator shall determine 
within 120 operating days whether the Emissions Averaging Plan submitted 
presents sufficient information. The Administrator shall either approve 
the Emissions Averaging 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 operating days.
    (ii) Information required. The Emissions Averaging Plan shall 
contain the information listed in paragraphs (e)(4)(ii)(A) through 
(e)(4)(ii)(M) of this section for all emission points included in an 
emissions average.
    (A) The required information shall include the identification of all 
emission points and process back-end operations in the planned emissions 
average and, where applicable, notation of whether each storage vessel, 
continuous front-end process vent, batch front-end process vent, 
aggregate batch vents stream, and process wastewater stream is a Group 1 
or Group 2 emission point, as defined in Sec. 63.482 or as designated 
under Sec. 63.503(c)(2).
    (B) The required information shall include 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. 63.503. The 
projected credits must be greater than or equal to the projected debits, 
as required under Sec. 63.503(e)(3).
    (C) The required information shall include 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.
    (D) The required information shall include the specific 
identification of

[[Page 543]]

each emission point affected by a pollution prevention measure. To be 
considered a pollution prevention measure, the criteria in 
Sec. 63.503(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.
    (E) The required information shall include a statement that the 
compliance demonstration, monitoring, inspection, recordkeeping, and 
reporting provisions in Sec. 63.503(m), (n), and (o) that are applicable 
to each emission point in the emissions average will be implemented 
beginning on or before the date of compliance.
    (F) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(F)(1) through (e)(4)(ii)(F)(5) of this 
section for each storage vessel and continuous front-end process vent 
included in the average.
    (1) The required documentation shall include the values of the 
parameters used to determine whether the emission point is Group 1 or 
Group 2. Where a TRE index value is used for continuous front-end 
process vent group determination, the estimated or measured values of 
the parameters used in the TRE equation in Sec. 63.115(d) of subpart G 
and the resulting TRE index value shall be submitted.
    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the emission debit and credit 
calculations in Sec. 63.503 (g) and (h). These parameter values shall be 
specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters must be reported in an update to the Emissions Averaging 
Plan, as required by paragraph (e)(4)(iv)(B)(2) of this section.
    (3) The required documentation shall include the estimated percent 
reduction if a control technology achieving a lower percent reduction 
than the efficiency of the applicable reference control technology or 
standard is or will be applied to the emission point.
    (4) The required documentation shall include 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. 63.503(i) 
shall be followed to apply for a nominal efficiency.
    (5) The required documentation shall include the information 
specified in Sec. 63.120(d)(2)(i) and in either Sec. 63.120(d)(2)(ii) or 
(d)(2)(iii) of subpart G for each storage vessel controlled with a 
closed-vent system using a control device other than a flare.
    (G) The information specified in paragraph (f) of this section shall 
be included in the Emissions Averaging Plan for:
    (1) Each continuous front-end process vent controlled by a pollution 
prevention measure or control technique for which monitoring parameters 
or inspection procedures are not specified in Sec. 63.114 of subpart G, 
and
    (2) 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.
    (H) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(H)(1) through (e)(4)(ii)(H)(4) of this 
section for each process wastewater stream included in the average.
    (1) The required documentation shall include the data used to 
determine whether the wastewater stream is a Group 1 or Group 2 
wastewater stream and the information specified in table 14b of subpart 
G of this part for wastewater streams at new and existing sources.
    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the wastewater emission credit and 
debit calculations in Sec. 63.503(g)(5) and (h)(5). These parameter 
values shall be specified in the affected source's Emissions Averaging 
Plan (or operating permit) as enforceable operating conditions. Changes 
to these parameters must be reported as required by paragraph 
(e)(4)(iv)(B)(2) of this section.
    (3) The required documentation shall include the estimated percent 
reduction if:
    (i) A control technology that achieves an emission reduction less

[[Page 544]]

than or equal to the emission reduction that would otherwise have been 
achieved by a steam stripper designed to the specifications found in 
Sec. 63.138(g) of subpart G is or will be applied to the wastewater 
stream, or external floating roof or a closed vent system with a control 
device.
    (ii) 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
    (iii) A pollution prevention measure is or will be applied.
    (4) The required documentation shall include the anticipated nominal 
efficiency if the owner or operator plans to apply for a nominal 
efficiency under Sec. 63.503(i). A nominal efficiency shall be applied 
for if:
    (i) A control technology that achieves an emission reduction greater 
than the emission reduction that would have been achieved by a steam 
stripper designed to the specifications found in Sec. 63.138(g) of 
subpart G, is or will be applied to the wastewater stream; or
    (ii) 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.
    (I) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec. 63.143 of subpart G, the information 
specified in paragraph (f) of this section (Alternative Monitoring 
Parameters) shall be included in the Emissions Averaging Plan.
    (J) The required information shall include documentation of the data 
required by estimated values of all parameters needed for input to the 
emission debit and credit calculations in Sec. 63.503 (g) and (h) for 
each process back-end operation included in an emissions average. These 
values shall be specified in the affected source's Emissions Averaging 
Plan (or operating permit) as enforceable operating conditions. Changes 
to these parameters must be reported as required by paragraph 
(e)(4)(iv)(B)(2) of this section.
    (K) The required information shall include documentation of the 
information required by Sec. 63.503(k). The documentation 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 Administrator, greater risk to human health or the 
environment than if the emission points were not included in an 
emissions average.
    (L) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(L)(1) through (e)(4)(ii)(L)(3) of this 
section for each batch front-end process vent and aggregate batch vent 
stream included in the average.
    (1) The required documentation shall include the values of the 
parameters used to determine whether the emission point is Group 1 or 
Group 2.
    (2) The required information shall include the estimated values of 
all parameters needed for input to the emission debit and credit 
calculations in Sec. 63.503(g) and (h). These parameter values shall be 
specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters must be reported as required by paragraph (e)(4)(iv) of this 
section.
    (3) For batch front-end process vents, the required documentation 
shall include the estimated percent reduction for the batch cycle. For 
aggregate batch vent streams, the required documentation shall include 
the estimated percent reduction achieved on a continuous basis.
    (M) For each pollution prevention measure or control device used to 
reduce air emissions of organic HAP from batch front-end process vents 
or batch vent streams and for which no monitoring parameters or 
inspection procedures are specified in Sec. 63.489, the information 
specified in paragraph (f) of this section, Alternative Monitoring 
Parameters, shall be included in the Emissions Averaging Plan.
    (iii) Supplement to Emissions Averaging Plan. The owner or operator 
required to prepare an Emissions Averaging Plan under paragraph (e)(4) 
of this section shall also prepare a supplement to the Emissions 
Averaging Plan for any

[[Page 545]]

alternative controls or operating scenarios that may be used to achieve 
compliance.
    (iv) Updates to Emissions Averaging Plan. The owner or operator of 
an affected source required to submit an Emissions Averaging Plan under 
paragraph (e)(4) of this section shall also submit written updates of 
the Emissions Averaging Plan to the Administrator for approval under the 
circumstances described in paragraphs (e)(4)(iv)(A) and (e)(4)(iv)(B) of 
this section unless the relevant information has been included and 
submitted in an operating permit application or amendment.
    (A) The owner or operator who plans to make a change listed in 
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section 
shall submit an Emissions Averaging Plan update at least 120 operating 
days prior to making the change.
    (1) An Emissions Averaging Plan update shall be submitted whenever 
an owner or operator elects to achieve compliance with the emissions 
averaging provisions in Sec. 63.503 by using a control technique other 
than that specified in the Emissions Averaging Plan, or plans to monitor 
a different parameter or operate a control device in a manner other than 
that specified in the Emissions Averaging Plan.
    (2) An Emissions Averaging Plan update shall be submitted whenever 
an emission point or an EPPU is added to an existing affected 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 
Emissions Averaging Plan is to be added to an emissions average. The 
information in paragraph (e)(4) of this section shall be updated to 
include the additional emission point.
    (B) The owner or operator who has made a change as defined in 
paragraph (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall 
submit an Emissions Averaging Plan update within 90 operating days after 
the information regarding the change is known to the affected 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.
    (1) An Emissions Averaging Plan update shall be submitted whenever a 
process change is made such that the group status of any emission point 
in an emissions average changes.
    (2) An Emissions Averaging Plan update shall be submitted whenever a 
value of a parameter in the emission credit or debit equations in 
Sec. 63.503(g) or (h) changes such that it is below the minimum or above 
the maximum established level specified in the Emissions Averaging Plan 
and causes a decrease in the projected credits or an increase in the 
projected debits.
    (C) The Administrator shall approve or request changes to the 
Emissions Averaging Plan update within 120 operating days of receipt of 
sufficient information regarding the change for emission points included 
in emissions averages.
    (5) Notification of Compliance Status. For existing and new affected 
sources, a Notification of Compliance Status shall be submitted within 
150 operating days after the compliance dates specified in Sec. 63.481. 
The notification shall contain the information listed in paragraphs 
(e)(5)(i) through (e)(5)(vii) of this section.
    (i) The results of any emission point group determinations, process 
section applicability determinations, performance tests, inspections, 
continuous monitoring system performance evaluations, any other 
information used to demonstrate compliance, values of monitored 
parameters established during performance tests, and any other 
information required to be included in the Notification of Compliance 
Status under Sec. 63.122 of subpart G for storage vessels, Sec. 63.117 
of subpart G for continuous front-end process vents, Sec. 63.492 for 
batch front-end process vents, Sec. 63.499 for back-end process 
operations, Sec. 63.146 of subpart G for process wastewater, and 
Sec. 63.503 for emission points included in an emissions average. In 
addition, each owner or operator shall comply with paragraphs 
(e)(5)(i)(A) and (e)(5)(i)(B) of this section.
    (A) For performance tests, and group determinations, and process 
section applicability determinations that are based on measurements, the 
Notification of Compliance Status shall include

[[Page 546]]

one complete test report, as described in paragraph (e)(5)(i)(B) of this 
section, 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 required 
information shall be submitted, but a complete test report is not 
required.
    (B) 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.
    (ii) For each monitored parameter for which a maximum or minimum 
level is required to be established under Sec. 63.120(d)(3) of subpart G 
for storage vessels, Sec. 63.485(k) for continuous front-end process 
vents, Sec. 63.489 for batch front-end process vents and aggregate batch 
vent streams, Sec. 63.497 for back-end process operations, 
Sec. 63.143(f) of subpart G for process wastewater, Sec. 63.503(m) for 
emission points in emissions averages, paragraph (e)(8) of this section, 
or paragraph (f) of this section, the information specified in 
paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(E) of this section, unless 
this information has been established and provided in the operating 
permit.
    (A) The required information shall include the specific maximum or 
minimum level of the monitored parameter(s) for each emission point.
    (B) The required information shall include the rationale for the 
specific maximum or minimum level for each parameter for each emission 
point, including any data and calculations used to develop the level and 
a description of why the level indicates proper operation of the control 
device.
    (C) The required information shall include a definition of the 
affected source's operating day, as specified in paragraph (d)(3)(ii) of 
this section, for purposes of determining daily average values of 
monitored parameters.
    (D) For batch front-end process vents, the required information 
shall include a definition of each batch cycle that requires the control 
of one or more batch emission episodes during the cycle, as specified in 
Sec. 63.490(c)(2) and 63.505(b)(3)(ii).
    (E) The required information shall include a definition of the 
affected source's operating month for the purposes of determining 
monthly average values of residual organic HAP.
    (iii) For emission points included in an emissions average, the 
values of all parameters needed for input to the emission credit and 
debit equations in Sec. 63.503 (g) and (h), calculated or measured 
according to the procedures in Sec. 63.503 (g) and (h), and the 
resulting calculation of credits and debits for the first quarter of the 
year. The first quarter begins on the compliance date specified.
    (iv) For batch front-end process vents required to establish a batch 
cycle limitation under Sec. 63.490(f), the owner or operator must define 
the 12-month period over which that source's ``year'' will be said to 
occur, as required by the definition of ``year'' in Sec. 63.482.
    (v) The determination of applicability for flexible operation units 
as specified in Sec. 63.480(f)(6).
    (vi) The parameter monitoring levels for flexible operation units, 
and the basis on which these levels were selected, or a demonstration 
that these levels are appropriate at all times, as specified in 
Sec. 63.480(f)(7).
    (vii) The results for each predominant use determination for storage 
vessels belonging to an affected source subject to this subpart that is 
made under Sec. 63.480(g)(6).
    (viii) The results for each predominant use determination for 
recovery operation equipment belonging to an affected source subject to 
this subpart that is made under Sec. 63.480(h)(6).
    (ix) For owners and operators of Group 2 batch front-end process 
vents establishing a batch cycle limitation, as specified in 
Sec. 63.490(f), the affected source's operating year for purposes of 
determining compliance with the batch cycle limitation.

[[Page 547]]

    (6) Periodic Reports. For existing and new affected sources, each 
owner or operator shall submit Periodic Reports as specified in 
paragraphs (e)(6)(i) through (e)(6)(xi) of this section.
    (i) Except as specified in paragraphs (e)(6)(x) and (e)(6)(xi) of 
this section, a report containing the information in paragraph 
(e)(6)(ii) of this section or paragraphs (e)(6)(iii) through (e)(6)(ix) 
of this section, as appropriate, shall be submitted semiannually no 
later than 60 operating days after the end of each 180 day period. The 
first report shall be submitted no later than 240 days 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. Subsequent reports shall cover each preceding 6-month period.
    (ii) If none of the compliance exceptions in paragraphs (e)(6)(iii) 
through (e)(6)(ix) of this section occurred during the 6-month period, 
the Periodic Report required by paragraph (e)(6)(i) of this section 
shall be a statement that the affected source was in compliance for the 
preceding 6-month period and that none of the activities specified in 
paragraphs (e)(6)(iii) through (e)(6)(ix) of this section occurred.
    (iii) For an owner or operator of an affected source complying with 
the provisions of Secs. 63.484 through 63.501 for any emission point, 
Periodic Reports shall include:
    (A) All information specified in Sec. 63.122(a)(4) of subpart G for 
storage vessels, Secs. 63.117(a)(3) and 63.118(f) of subpart G for 
continuous front-end process vents, Sec. 63.492 for batch front-end 
process vents and aggregate batch vent streams, Sec. 63.499 for back-end 
process operations, Sec. 63.104(b)(4) of subpart F for heat exchange 
systems, and Sec. 63.146(c) through Sec. 63.146(f) of subpart G for 
process wastewater.
    (B) The daily average values or batch cycle daily average values of 
monitored parameters for all excursions, as defined in Sec. 63.505(g) 
and Sec. 63.505(h).
    (C) The periods when monitoring data were not collected shall be 
specified; and
    (D) The information in paragraphs (e)(6)(iii)(D)(1) through 
(e)(6)(iii)(D)(3) of this section, as applicable:
    (1) Any supplements to the Emissions Averaging Plan, as required in 
paragraph (e)(4)(iii) of this section;
    (2) Notification if 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 paragraphs 
(e)(6)(iii)(D)(2)(i) and (e)(6)(iii)(D)(2)(ii) of this section, for 
emission points that change from Group 2 to Group 1, or for continuous 
front-end process vents under the conditions listed in Sec. 63.485(l)(1) 
through Sec. 63.485(l)(4), or for batch front-end process vents under 
the conditions listed in Sec. 63.492 (b) or (c).
    (i) The owner of operator shall submit to the Administrator for 
approval a compliance schedule and a justification for the schedule.
    (ii) The Administrator shall approve the compliance schedule or 
request changes within 120 operating days of receipt of the compliance 
schedule and justification.
    (3) Notification if one or more emission points or one or more EPPU 
is added to an affected source. The owner or operator shall submit the 
information contained in paragraphs (e)(6)(iii)(D)(3)(i) through 
(e)(6)(iii)(D)(3)(iii) of this section.
    (i) A description of the addition to the affected source;
    (ii) Notification of the group status of the additional emission 
point or all emission points in the EPPU;
    (iii) A compliance schedule, as required under paragraph 
(e)(6)(iii)(D)(2) of this section.
    (4) Notification if a standard operating procedure, as defined in 
Sec. 63.500(l), is changed. This shall also include test results of the 
carbon disulfide concentration resulting from the new standard operating 
procedure.
    (E) The information in paragraph (b)(1)(ii) of this section for 
reports of startup, shutdown, and malfunction.
    (iv) For each batch front-end process vent with a batch cycle 
limitation, the owner or operator shall include the number of batch 
cycles accomplished during the preceding 12-month period once per year 
in a Periodic Report.
    (v) If any performance tests are reported in a Periodic Report, the 
following information shall be included:

[[Page 548]]

    (A) 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 (e)(5)(i)(B) 
of this section.
    (B) For additional tests performed for the same kind of emission 
point using the same method, results and any other information required 
shall be submitted, but a complete test report is not required.
    (vi) The results for each change made to a primary product 
determination for an elastomer product made under Sec. 63.480(f)(6).
    (vii) The results for each change made to a predominant use 
determination for a storage vessel belonging to an affected source 
subject to this subpart that is made under Sec. 63.480(g)(6).
    (viii) The results for each change made to a predominant use 
determination for recovery operation equipment belonging to an affected 
source subject to this subpart that is made under Sec. 63.480(h)(6).
    (ix) The Periodic Report required by Sec. 63.502(i) shall be 
submitted as part of the Periodic Report required by paragraph (e)(6) of 
this section.
    (x) The owner or operator of an affected source shall submit 
quarterly reports for all emission points included in an emissions 
average.
    (A) The quarterly reports shall be submitted no later than 60 
operating days after the end of each quarter. The first report shall be 
submitted with the Notification of Compliance Status no later than 150 
days after the compliance date.
    (B) The quarterly reports shall include the information specified in 
paragraphs (e)(6)(x)(B)(1) through (e)(6)(x)(B)(7) of this section for 
all emission points included in an emissions average.
    (1) The credits and debits calculated each month during the quarter;
    (2) 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. 63.503(e)(4);
    (3) The values of any inputs to the debit and credit equations in 
Sec. 63.503(g) and (h) that change from month to month during the 
quarter or that have changed since the previous quarter;
    (4) 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 (e)(6)(v) of 
this section;
    (5) Reports of daily average values or batch cycle daily averages of 
monitored parameters for excursions as defined in Sec. 63.505(g) or (h);
    (6) For excursions caused by lack of monitoring data, the duration 
of periods when monitoring data were not collected shall be specified; 
and
    (7) Any other information the affected source is required to report 
under the operating permit or Emissions Averaging Plan for the affected 
source.
    (C) Section 63.505 shall govern the use of monitoring data to 
determine compliance for Group 1 and Group 2 emission points included in 
emissions averages.
    (D) Every fourth quarterly report shall include the following:
    (1) A demonstration that annual credits are greater than or equal to 
annual debits as required by Sec. 63.503(e)(3); and
    (2) A certification of compliance with all the emissions averaging 
provisions in Sec. 63.503.
    (xi) The owner or operator of an affected source shall submit 
quarterly reports for particular emission points and process sections 
not included in an emissions average as specified in paragraphs 
(e)(6)(xi)(A) through (e)(6)(xi)(E) of this section.
    (A) If requested by the Administrator, the owner or operator of an 
affected source shall submit quarterly reports for a period of 1 year 
for an emission point or process section that is not included in an 
emissions average if either the conditions in paragraph (e)(6)(xi)(A)(1) 
or (e)(6)(xi)(A)(2) of this section are met.
    (1) An emission point has any excursions, as defined in 
Sec. 63.505(g) or Sec. 63.505(h) for a semiannual reporting period.
    (2) The process section is out of compliance with its applicable 
standard.

[[Page 549]]

    (B) The quarterly reports shall include all information specified in 
paragraphs (e)(6)(iii) and (e)(6)(ix) of this section, as applicable to 
the emission point or process section for which quarterly reporting is 
required under paragraph (e)(6)(ix)(A) of this section. Information 
applicable to other emission points within the affected source shall be 
submitted in the semiannual reports required under paragraph (e)(6)(i) 
of this section.
    (C) Quarterly reports shall be submitted no later than 60 operating 
days after the end of each quarter.
    (D) After quarterly reports have been submitted for an emission 
point for 1 year, the owner or operator may return to semiannual 
reporting for the emission point or process section unless the 
Administrator requests the owner or operator to continue to submit 
quarterly reports.
    (E) Sec. 63.505 shall govern the use of monitoring data to determine 
compliance for Group 1 emission points.
    (7) Other reports. Other reports shall be submitted as specified in 
paragraphs (e)(7)(i) and (e)(7)(ii) of this section.
    (i) For storage vessels, the notifications of inspections required 
by Sec. 63.484 shall be submitted, as specified in Sec. 63.122(h)(1) and 
(h)(2) of subpart G.
    (ii) For owners or operators of affected sources required to request 
approval for a nominal control efficiency for use in calculating credits 
for an emissions average, the information specified in Sec. 63.503(i) 
shall be submitted.
    (iii) For back-end process operations complying using control or 
recovery devices, the recompliance determination report required by 
Sec. 63.499(d) shall be submitted within 180 days after the process 
change.
    (8) Operating Permit. An owner or operator who submits an operating 
permit application instead of an Emissions Averaging Plan or a 
Precompliance Report shall submit the following information with the 
operating permit application:
    (i) The information specified in paragraph (e)(4) of this section 
for points included in an emissions average; and
    (ii) The information specified in paragraph (e)(3) of this section, 
Precompliance Report, as applicable.
    (f) Alternative monitoring parameters. 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. 63.484 for storage vessels, Sec. 63.114 of 
subpart G for continuous front-end process vents, Sec. 63.489 for batch 
front-end process vents and aggregate batch vent streams, Sec. 63.497 
for back-end process operations, or Sec. 63.143 of subpart G for process 
wastewater shall submit the information specified in paragraphs (f)(1) 
through (f)(3) of this section in the Precompliance Report, as required 
by paragraph (e)(3) of this section. The owner or operator shall retain 
for a period of 5 years each record required by paragraphs (f)(1) 
through (f)(3) of this section.
    (1) The required information shall include a description of the 
parameter(s) to be monitored to ensure the recovery device, control 
device, 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) The required information shall include a description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation, the schedule for this 
demonstration, and a statement that the owner or operator will establish 
a level for the monitored parameter as part of the Notification of 
Compliance Status report required in paragraph (e)(5) of this section, 
unless this information has already been included in the operating 
permit application.
    (3) The required information shall include a description of the 
proposed monitoring, recordkeeping, and recording system, to include the 
frequency and content of monitoring, recordkeeping, and reporting. 
Further, the rationale for the proposed monitoring, recordkeeping, and 
reporting system shall be included if either condition in paragraph 
(f)(3)(i) or (f)(3)(ii) of this section are met:
    (i) If monitoring and recordkeeping is not continuous, or

[[Page 550]]

    (ii) If reports of daily average values will not be included in 
Periodic Reports when the monitored parameter value is above the maximum 
level or below the minimum level as established in the operating permit 
or the Notification of Compliance Status.
    (g) Alternative continuous monitoring and recordkeeping. An owner or 
operator choosing not to implement the continuous parameter operating 
and recordkeeping provisions listed in Sec. 63.485 for continuous front-
end process vents, Sec. 63.486 for batch front-end process vents and 
aggregate batch vent streams, Sec. 63.493 for back-end process 
operations, and Sec. 63.501 for wastewater, may instead request approval 
to use alternative continuous monitoring and recordkeeping provisions 
according to the procedures specified in paragraphs (g)(1) through 
(g)(4) of this section. Requests shall be submitted in the Precompliance 
Report as specified in paragraph (e)(3)(iv) of this section, if not 
already included in the operating permit application, and shall contain 
the information specified in paragraphs (g)(2)(ii) and (g)(3)(ii) of 
this section, as applicable.
    (1) The provisions in Sec. 63.8(f)(5)(i) of subpart A shall govern 
the review and approval of requests.
    (2) An owner or operator of an affected source that does not have an 
automated monitoring and recording system capable of measuring parameter 
values at least once every 15 minutes and that does not generate 
continuous records may request approval to use a nonautomated system 
with less frequent monitoring, in accordance with paragraphs (g)(2)(i) 
and (g)(2)(ii) of this section.
    (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 or batch cycle 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 affected 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.
    (3) 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 that records all values that meet set criteria for 
variation from previously recorded values, in accordance with paragraphs 
(g)(3)(i) and (g)(3)(ii) of this section.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once every 15 
minutes;
    (B) Except for the monitoring of batch front-end process vents, 
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) Calculate daily average or batch cycle daily average values of 
the monitored operating parameter based on all measured data; and
    (F) If the daily average is not an excursion, as defined in 
Sec. 63.505 (g) or (h), 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) A description of the monitoring system and data compression 
recording system, including the criteria used to determine which 
monitored values are recorded and retained;
    (B) The method for calculating daily averages and batch cycle daily 
averages; and
    (C) A demonstration that the system meets all criteria in paragraph 
(g)(3)(i) of this section.

[[Page 551]]

    (4) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f)(4) of subpart A.
    (h) Reduced recordkeeping program. For any parameter with respect to 
any item of equipment, the owner or operator may implement the 
recordkeeping requirements in paragraph (h)(1) or (h)(2) of this section 
as alternatives to the continuous operating parameter monitoring and 
recordkeeping provisions listed in Sec. 63.484 for storage vessels, 
Sec. 63.485 for continuous front-end process vents, Sec. 63.486 for 
batch front-end process vents and aggregate batch vent streams, 
Sec. 63.493 for back-end processes, and Sec. 63.501 for wastewater. The 
owner or operator shall retain for a period of 5 years each record 
required by paragraph (h)(1) or (h)(2) of this section.
    (1) The owner or operator may retain only the daily average or the 
batch cycle daily average value, and is not required to retain more 
frequent monitored operating parameter values, for a monitored parameter 
with respect to an item of equipment, if the requirements of paragraphs 
(h)(1)(i) through (h)(1)(iv) of this section are met. An owner or 
operator electing to comply with the requirements of paragraph (h)(1) of 
this section shall notify the Administrator in the Notification of 
Compliance Status or, if the Notification of Compliance Status has 
already been submitted, in the Periodic Report immediately preceding 
implementation of the requirements of paragraph (h)(1) of this section.
    (i) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation other than startups, 
shutdowns or malfunctions (e.g., a temperature reading of -200 deg.C on 
a boiler), and will alert the operator by alarm or other means. The 
owner or operator shall record the occurrence. All instances of the 
alarm or other alert in an operating day constitute a single occurrence.
    (ii) The monitoring system generates, updated at least hourly 
throughout each operating day, a running average of the monitoring 
values that have been obtained during that operating day, and the 
capability to observe this running average is readily available to the 
Administrator on-site during the operating day. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (h)(1)(ii)(A) through (h)(1)(ii)(C) of this section. All 
instances in an operating day constitute a single occurrence.
    (A) The running average is above the maximum or below the minimum 
established limits;
    (B) The running average is based on at least six one-hour periods; 
and
    (C) The running average reflects a period of operation other than a 
startup, shutdown, or malfunction.
    (iii) The monitoring system is capable of detecting unchanging data 
during periods of operation other than startups, shutdowns or 
malfunctions, except in circumstances where the presence of unchanging 
data is the expected operating condition based on past experience (e.g., 
pH in some scrubbers), and will alert the operator by alarm or other 
means. The owner or operator shall record the occurrence. All instances 
of the alarm or other alert in an operating day constitute a single 
occurrence.
    (iv) The monitoring system will alert the owner or operator by an 
alarm, if the running average parameter value calculated under paragraph 
(h)(1)(ii) of this section reaches a set point that is appropriately 
related to the established limit for the parameter that is being 
monitored.
    (v) The owner or operator shall verify the proper functioning of the 
monitoring system, including its ability to comply with the requirements 
of paragraph (h)(1) of this section, at the times specified in 
paragraphs (h)(1)(v)(A) through (h)(1)(v)(C) of this section. The owner 
or operator shall document that the required verifications occurred.
    (A) Upon initial installation.
    (B) Annually after initial installation.
    (C) After any change to the programming or equipment constituting 
the monitoring system, which might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.

[[Page 552]]

    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(C) of this section.
    (A) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (h) of this section.
    (B) A description of the applicable monitoring system(s), and how 
compliance will be achieved with each requirement of paragraphs 
(h)(1)(i) through (h)(1)(v) of this section. The description shall 
identify the location and format (e.g., on-line storage, log entries) 
for each required record. If the description changes, the owner or 
operator shall retain both the current and the most recent superseded 
description.
    (C) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to affect its ability to comply 
with the requirements of paragraph (h)(1) of this section.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (h)(1) of this section for a monitored 
parameter with respect to an item of equipment and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (h)(2)(iv) of this section, the owner or operator is no longer 
required to record the daily average or batch cycle daily average value, 
for any operating day when the daily average or batch cycle daily 
average value is less than the maximum, or greater than the minimum 
established limit. With approval by the Administrator, monitoring data 
generated prior to the compliance date of this subpart shall be credited 
toward the period of 6 consecutive months, if the parameter limit and 
the monitoring accomplished during the period prior to the compliance 
date was required and/or approved by the Administrator.
    (i) If the owner or operator elects not to retain the daily average 
or batch cycle daily average values, the owner or operator shall notify 
the Administrator in the next Periodic Report. The notification shall 
identify the parameter and unit of equipment.
    (ii) If, on any operating day after the owner or operator has ceased 
recording daily average or batch cycle daily average values as provided 
in paragraph (h)(2) of this section, there is an excursion as defined in 
paragraph (h)(2)(iv) of this section, the owner or operator shall 
immediately resume retaining the daily average or batch cycle daily 
average value for each operating day and shall notify the Administrator 
in the next Periodic Report. The owner or operator shall continue to 
retain each daily average or batch cycle daily average value until 
another period of 6 consecutive months has passed without an excursion 
as defined in paragraph (h)(2)(iv) of this section.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (h)(1)(i), (h)(1)(ii), and (h)(1)(iv) of this section, for 
the duration specified in paragraph (h) of this section. For any 
calendar month, if compliance with paragraphs (h)(1)(i) through 
(h)(1)(iv) of this section does not result in retention of a record of 
at least one occurrence or measured parameter value, the owner or 
operator shall record and retain at least one parameter value during a 
period of operation other than a startup, shutdown, or malfunction.
    (iv) For the purposes of paragraph (h) of this section, an excursion 
means that the daily average or batch cycle daily average value of 
monitoring data for a parameter is greater than the maximum, or less 
than the minimum established value, except as provided in paragraphs 
(h)(2)(iv)(A) and (h)(2)(iv)(B) of this section.
    (A) The daily average or batch cycle daily average value during any 
startup, shutdown, or malfunction shall not be considered an excursion 
for purposes of paragraph (h)(2) of this section, if the owner or 
operator follows the applicable provisions of the startup, shutdown, and 
malfunction plan required by Sec. 63.6(e)(3) of subpart A.
    (B) An excused excursion, as described in Sec. 63.505(i), shall not 
be considered an excursion for the purposes of paragraph (h)(2) of this 
section.

[[Page 553]]



                   Table 1.--Applicability of General Provisions to Subpart U Affected Sources                  
----------------------------------------------------------------------------------------------------------------
              Reference                 Applies to subpart U                        Comment                     
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)...........................  Yes...................  Sec.  63.482 of Subpart U specifies definitions  
                                                                in addition to or that supersede definitions in 
                                                                Sec.  63.2.                                     
63.1(a)(2)-63.1(a)(3)................  Yes                                                                      
63.1(a)(4)...........................  Yes...................  Subpart U (this table) specifies the             
                                                                applicability of each paragraph in subpart A to 
                                                                subpart U.                                      
63.1(a)(5)...........................  No....................  Reserved.                                        
63.1(a)(6)-63.1(a)(8)................  Yes                                                                      
63.1(a)(9)...........................  No....................  Reserved.                                        
63.1(a)(10)..........................  No....................  Subpart U and other cross-referenced subparts    
                                                                specify calendar or operating day.              
63.1(a)(11)..........................  Yes                                                                      
63.1(a)(12)-63.1(a)(14)..............  Yes                                                                      
63.1(b)(1)...........................  Yes...................  Sec.  63.480(a) contains specific applicability  
                                                                criteria.                                       
63.1(b)(2)...........................  Yes                                                                      
63.1(b)(3)...........................  No....................  Sec.  63.480(b) of subpart U provides            
                                                                documentation requirements for EPPUs not        
                                                                considered affected sources.                    
63.1(c)(1)...........................  Yes...................  Subpart U (this table) specifies the             
                                                                applicability of each paragraph in subpart A to 
                                                                subpart U.                                      
63.1(c)(2)...........................  No....................  Area sources are not subject to subpart U.       
63.1(c)(3)...........................  No....................  Reserved.                                        
63.1(c)(4)...........................  Yes                                                                      
63.1(c)(5)...........................  Yes...................  Except that affected sources are not required to 
                                                                submit notifications overridden by this table.  
63.1(d)..............................  No....................  Reserved.                                        
63.1(e)..............................  Yes                                                                      
63.2.................................  Yes...................  Sec.  63.482 of subpart U specifies those subpart
                                                                A definitions that apply to subpart U.          
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)..............................  Yes                                                                      
63.5(b)(1)...........................  Yes                                                                      
63.5(b)(2)...........................  No....................  Reserved.                                        
63.5(b)(3)...........................  Yes                                                                      
63.5(b)(4)...........................  Yes                                                                      
63.5(b)(5)...........................  Yes                                                                      
63.5(b)(6)...........................  No....................  Sec.  63.480(i) of subpart U specifies           
                                                                requirements.                                   
63.5(c)..............................  No....................  Reserved.                                        
63.5(d)(1)(i)........................  Yes                                                                      
63.5(d)(1)(ii).......................  Yes...................  Except that for affected sources subject to      
                                                                subpart U, emission estimates specified in Sec. 
                                                                63.5(d)(1)(ii)(H) are not required.             
63.5(d)(1)(iii)......................  No....................  Sec.  63.506(e)(5) of subpart U specifies        
                                                                Notification of Compliance Status requirements. 
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 where Sec.  63.5(d)(1) is referred   
                                                                to, Sec.  63.5(d)(1)(i) does not apply.         
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....................  Reserved.                                        
63.6(b)(7)...........................  Yes                                                                      
63.6(c)(1)...........................  Yes...................  Sec.  63.481 of subpart U specifies the          
                                                                compliance date.                                
63.6(c)(2)...........................  Yes                                                                      
63.6(c)(3)...........................  No....................  Reserved.                                        
63.6(c)(4)...........................  No....................  Reserved.                                        
63.6(c)(5)...........................  Yes                                                                      
63.6(d)..............................  No....................  Reserved.                                        
63.6(e)..............................  Yes...................  Except the plan, and any records or reports of   
                                                                startup, shutdown and malfunction do not apply  
                                                                to Group 2 emission points, unless they are     
                                                                included in an emissions average.               
63.6(f)(1)...........................  Yes                                                                      
63.6(f)(2)...........................  Yes...................  Except that in Sec.  63.6(f)(2)(iii)(D),         
                                                                paragraph 63.7(c) does not apply.               
63.6(f)(3)...........................  Yes...................  Except that Sec.  63.6(f)(2)(iii)(D) is not      
                                                                applicable.                                     
63.6(g)..............................  Yes                                                                      

[[Page 554]]

                                                                                                                
63.6(h)..............................  No....................  Subpart U does not require opacity and visible   
                                                                emission standards.                             
63.6(i)..............................  Yes...................  Except for Sec.  63.6(i)(15), which is reserved, 
                                                                and except that the requests for extension shall
                                                                be submitted no later than the date on which the
                                                                Precompliance Report is required to be submitted
                                                                in Sec.  63.506(e)(3)(i).                       
63.6(j)..............................  Yes                                                                      
63.7(a)(1)...........................  Yes                                                                      
63.7(a)(2)...........................  No....................  Sec.  63.506(e)(5) of subpart U specifies        
                                                                submittal dates.                                
63.7(a)(3)...........................  Yes                                                                      
63.7(b)..............................  No....................  Sec.  63.504(a)(4) of subpart U specifies        
                                                                notification requirements.                      
63.7(c)..............................  No....................  Except if the owner or operator chooses to submit
                                                                an alternative nonopacity emission standard for 
                                                                approval under Sec.  63.6(g).                   
63.7(d)..............................  Yes                                                                      
63.7(e)..............................  Yes...................  Except that performance tests must be conducted  
                                                                at maximum representative operating conditions. 
                                                                In addition, some of the testing requirements   
                                                                specified in subpart U are not consistent with  
                                                                Sec.  63.7(e)(3).                               
63.7(f)..............................  No....................  Subpart U specifies applicable test methods and  
                                                                provides alternatives.                          
63.7(g)..............................  Yes...................  Except that references to the Notification of    
                                                                Compliance Status report in 63.9(h) of subpart A
                                                                are replaced with the requirements in Sec.      
                                                                63.506(e)(5) of subpart U.                      
63.7(h)..............................  Yes...................  Except Sec.  63.7(h)(4)(ii) is not applicable,   
                                                                since the site-specific test plans in Sec.      
                                                                63.7(c)(3) are not required.                    
63.8(a)(1)...........................  Yes                                                                      
63.8(a)(2)...........................  No                                                                       
63.8(a)(3)...........................  No....................  Reserved.                                        
63.8(a)(4)...........................  Yes                                                                      
63.8(b)(1)...........................  Yes                                                                      
63.8(b)(2)...........................  No....................  Subpart U specifies locations to conduct         
                                                                monitoring.                                     
63.8(b)(3)                                                                                                      
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....................  Sec.  63.505 of subpart U specifies monitoring   
                                                                frequency.                                      
63.8(c)(5)-63.8(c)(8)................  No                                                                       
63.8(d)..............................  No                                                                       
63.8(e)..............................  No                                                                       
63.8(f)(1)-63.8(f)(3)................  Yes                                                                      
63.8(f)(4)(i)........................  No....................  Timeframe for submitting request is specified in 
                                                                Sec.  63.506(f) of subpart U.                   
63.8(f)(4)(ii).......................  No                                                                       
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 U does not require CEM's.                
63.8(g)..............................  No....................  Data reduction procedures specified in Sec.      
                                                                63.506(d) of subpart U.                         
63.9(a)..............................  Yes                                                                      
63.9(b)..............................  No....................  Subpart U does not require an initial            
                                                                notification.                                   
63.9(c)..............................  Yes                                                                      
63.9(d)..............................  Yes                                                                      
63.9(e)..............................  No                                                                       
63.9(f)..............................  No....................  Subpart U does not require opacity and visible   
                                                                emission standards.                             
63.9(g)..............................  No                                                                       
63.9(h)..............................  No....................  Sec.  63.506(e)(5) of subpart U specifies        
                                                                Notification of Compliance Status requirements. 
63.9(i)..............................  Yes                                                                      
63.9(j)..............................  No                                                                       
63.10(a).............................  Yes                                                                      
63.10(b)(1)..........................  Yes                                                                      
63.10(b)(2)..........................  Yes                                                                      
63.10(b)(3)..........................  No....................  Sec.  63.480(b) of subpart U requires            
                                                                documentation of sources that are not affected  
                                                                sources.                                        
63.10(c).............................  No....................  Sec.  63.506 of subpart U specifies recordkeeping
                                                                requirements.                                   
63.10(d)(1)..........................  Yes                                                                      
63.10(d)(2)..........................  No                                                                       
63.10(d)(3)..........................  No....................  Subpart U does not require opacity and visible   
                                                                emission standards.                             
63.10(d)(4)..........................  Yes                                                                      
63.10(d)(5)..........................  Yes...................  Except that reports required by Sec.             
                                                                63.10(d)(5)(i) shall be submitted at the same   
                                                                time as Periodic Reports specified in Sec.      
                                                                63.506(e)(6) of subpart U. The startup,         
                                                                shutdown, and malfunction plan, and any records 
                                                                or reports of startup, shutdown, and malfunction
                                                                do not apply to Group 2 emission points unless  
                                                                they are included in an emissions average.      
63.10(e).............................  No                                                                       

[[Page 555]]

                                                                                                                
63.10(f).............................  Yes                                                                      
63.10(d)(4)..........................  Yes                                                                      
63.11................................  Yes                                                                      
63.12................................  Yes                                                                      
63.13................................  Yes                                                                      
63.14................................  Yes                                                                      
63.15................................  Yes                                                                      
----------------------------------------------------------------------------------------------------------------


                   Table 2. Applicability of Subparts F, G, & H to Subpart U Affected Sources                   
----------------------------------------------------------------------------------------------------------------
                                    Applies To                                           Applicable section of  
           Reference                 subpart U                  Comment                        subpart U        
----------------------------------------------------------------------------------------------------------------
                                                    Subpart F                                                   
----------------------------------------------------------------------------------------------------------------
63.100.........................  No                                                                             
63.101.........................  Yes.............  Several definitions from 63.101    63.482                    
                                                    are incorporated by reference                               
                                                    into 63.482.                                                
63.102-63.109..................  No                                                                             
----------------------------------------------------------------------------------------------------------------
                                                    Subpart G                                                   
----------------------------------------------------------------------------------------------------------------
63.110.........................  No                                                                             
63.111.........................  Yes.............  Several definitions from 63.111    63.482                    
                                                    are incorporated by reference                               
                                                    into 63.482.                                                
63.112.........................  No                                                                             
63.113-63.118..................  Yes.............  With the differences noted in      63.485                    
                                                    63.485(b) through 63.485(k).                                
63.119-63.123..................  Yes.............  With the differences noted in      63.484                    
                                                    63.484(c) through 63.484(q).                                
63.124-63.125..................  No..............  Reserved                                                     
63.126-63.130..................  No                                                                             
63.131-63.147..................  Yes.............  With the differences noted in      63.501                    
                                                    63.501(a)(1) through                                        
                                                    63.501(a)(8).                                               
63.148.........................  Yes.............  With the differences noted in      63.484 and 63.501         
                                                    63.484(c) through 63.484(q) and                             
                                                    63.501(a)(1) through                                        
                                                    63.501(a)(8).                                               
63.149.........................  No..............  Reserved                                                     
63.150(a) through 63.150(f)....  No                                                                             
63.150(g)(1) and 63.150(g)(2)..  No                                                                             
63.150(g)(3)...................  Yes.............  .................................  63.503(g)(3)              
63.150(g)(4)...................  No                                                                             
63.150(g)(5)...................  Yes.............  .................................  63.503(g)(5)              
63.150(h)(1) and 63.150(h)(2)..  No                                                                             
63.150(h)(3)...................  Yes.............  .................................  63.503(h)(3)              
63.150(h)(4)...................  No                                                                             
63.150(h)(5)...................  Yes.............  .................................  63.503(h)(5)              
63.150(i) through 63.150(o)....  No                                                                             
63.151-63.152..................  No                                                                             
----------------------------------------------------------------------------------------------------------------
                                                    Subpart H                                                   
----------------------------------------------------------------------------------------------------------------
63.160-63.193..................  Yes.............  Subpart U affected sources must    63.502                    
                                                    comply with all requirements of                             
                                                    subpart H.                                                  
----------------------------------------------------------------------------------------------------------------


     Table 3.--Group 1 Storage Vessels at Existing Affected Sources     
------------------------------------------------------------------------
                                                   Vapor pressure a     
       Vessel capacity  (cubic meters)               (kilopascals)      
------------------------------------------------------------------------
75  capacity < 151...............  13.1           
151  capacity....................  5.2            
------------------------------------------------------------------------
a Maximum true vapor pressure of total organic HAP at storage           
  temperature.                                                          


[[Page 556]]


            Table 4.--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.                                                          


[[Page 557]]

Pt. 63, Subpart U, Table 5

                                                   Table 5.--Known Organic HAP From Elastomer Products                                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Elastomer Product/Subcategory                                             
Organic HAP/chemical name (CAS -------------------------------------------------------------------------------------------------------------------------
             No.)                                                                                                   PBR/                                
                                    BR        EPI        EPR       HBR       HYP       NEO       NBL       NBR      SBRS       PSR       SBL      SBRE  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acrylonitrile (107131)........  .........  .........  ........  ........  ........  ........                                              
 1,3 Butadiene (106990).......  .........  .........  ........  ........  ........  ........           ........      
Carbon Tetrachloride (56235)..  .........  .........  ........  ........                                                                         
Chlorobenzene (108907)........  .........  .........  ........  ........                                                                         
Chloroform (67663)............  .........  .........  ........  ........                                                                         
Chloroprene (126998)..........  .........  .........  ........  ........  ........                                                               
Epichlorohydrin (106898)......  .........                                                                                                        
Ethylbenzene (100414).........      .........  ........  ........  ........  ........  ........  ........  ........  ........             
Ethylene Dichloride (75343)...  .........  .........  ........  ........  ........  ........  ........  ........  ........  ........  ........          
Ethylene Oxide (75218)........  .........      ........  ........  ........  ........  ........  ........  ........                       
Formaldehyde (50000)..........  .........  .........  ........  ........  ........  ........  ........  ........  ........                       
Hexane (100543)...............      .........     ........  ........  ........  ........  ........     ........      
Methanol (67561)..............      .........  ........  ........  ........  ........  ........  ........                                 
Methyl Chloride (74873).......      .........  ........  ........                                                                         
Propylene Oxide (75569).......  .........                                                                                                        
Styrene (100425)..............  .........  .........  ........  ........  ........  ........  ........  ........     ........      
Toluene (108883)..............  .........         ........  ........     ........  ........     ........      
Xylenes (1330207).............      .........  ........  ........  ........  ........  ........  ........  ........  ........             
--------------------------------------------------------------------------------------------------------------------------------------------------------
 AAAACAS No. = Chemical Abstract Service Number.                                                                                                        
 BR = Butyl Rubber.                                                                                                                                     
 EPI = Epichlorohydrin Rubber.                                                                                                                          
 EPR = Ethylene Propylene Rubber.                                                                                                                       
 HBR = Halobutyl Rubber.                                                                                                                                
 HYP = Hypalon TM.                                                                                                                                      
 NEO = Neoprene.                                                                                                                                        
 NBL = Nitrile Butadiene Latex.                                                                                                                         
 NBR = Nitrile Butadiene Rubber.                                                                                                                        
 PBR/SBRS = Polybutadiene and Styrene Butadiene Rubber by Solution.                                                                                     
 PSR = Polysulfide Rubber.                                                                                                                              
 SBL = Styrene Butadiene Latex.                                                                                                                         
 SBR = Styrene Butadiene Rubber by Emulsion or Solution.                                                                                                
a Includes mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2 CH2)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-(OCH2 CH2)n-OH                                                                                                                                       


[[Page 558]]


      Table 6.--Group 1 Batch Front-End Process Vents--Monitoring,      
                Recordkeeping, and Reporting Requirements               
------------------------------------------------------------------------
                                                      Recordkeeping and 
                                 Parameter to be          reporting     
   Control/recovery device          monitored         requirements for  
                                                    monitored parameters
------------------------------------------------------------------------
Thermal Incinerator.........  Firebox temperature   1. Continuous       
                               a.                    records as         
                                                     specified in Sec.  
                                                     63.491(e)(1) b.    
                                                    2. Record and report
                                                     the average firebox
                                                     temperature        
                                                     measured during the
                                                     performance test-- 
                                                     NCS.c              
                                                    3. Record the batch 
                                                     cycle daily average
                                                     firebox temperature
                                                     as specified in    
                                                     Sec.  63.491(e)(2).
                                                    4. Report all batch 
                                                     cycle daily average
                                                     temperatures that  
                                                     are below the      
                                                     minimum operating  
                                                     temperature        
                                                     established in the 
                                                     NCS or operating   
                                                     permit and all     
                                                     instances when     
                                                     monitoring data are
                                                     not collected--    
                                                     PR.d,e             
Catalytic Incinerator.......  Temperature upstream  1. Continuous       
                               and downstream of     records as         
                               the catalyst bed.     specified in Sec.  
                                                     63.491(e)(1).b     
                                                    2. Record and report
                                                     the average        
                                                     upstream and       
                                                     downstream         
                                                     temperatures and   
                                                     the average        
                                                     temperature        
                                                     difference across  
                                                     the catalyst bed   
                                                     measured during the
                                                     performance test-- 
                                                     NCS.c              
                                                    3. Record the batch 
                                                     cycle daily average
                                                     upstream           
                                                     temperature and    
                                                     temperature        
                                                     difference across  
                                                     catalyst bed as    
                                                     specified in Sec.  
                                                     63.491(e)(2).      
                                                    4. Report all batch 
                                                     cycle daily average
                                                     upstream           
                                                     temperatures that  
                                                     are below the      
                                                     minimum upstream   
                                                     temperature        
                                                     established in the 
                                                     NCS or operating   
                                                     permit--PR.d,e     
                                                    5. Report all batch 
                                                     cycle daily average
                                                     temperature        
                                                     differences across 
                                                     the catalyst bed   
                                                     that are below the 
                                                     minimum difference 
                                                     established in the 
                                                     NCS or operating   
                                                     permit--PR.d,e     
                                                    6. Report all       
                                                     instances when     
                                                     monitoring data are
                                                     not collected.e    
Boiler or Process Heater      Firebox temperature   1. Continuous       
 with a design heat input      a.                    records as         
 capacity less than 44                               specified in Sec.  
 megawatts and where the                             63.491(e)(1).b     
 batch front-end process                            2. Record and report
 vents or aggregate batch                            the average firebox
 vent streams are not                                temperature        
 introduced with or used as                          measured during the
 the primary fuel.                                   performance test-- 
                                                     NCS.c              
                                                    3. Record the batch 
                                                     cycle daily average
                                                     firebox temperature
                                                     as specified in    
                                                     Sec.  63.491(e)(2).
                                                     d                  
                                                    4. Report all batch 
                                                     cycle daily average
                                                     temperatures that  
                                                     are below the      
                                                     minimum operating  
                                                     temperature        
                                                     established in the 
                                                     NCS or operating   
                                                     permit and all     
                                                     instances when     
                                                     monitoring data are
                                                     not collected--    
                                                     PR.d,e             
Flare.......................  Presence of a flame   1. Hourly records of
                               at the pilot light.   whether the monitor
                                                     was continuously   
                                                     operating during   
                                                     batch emission     
                                                     episodes selected  
                                                     for control 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.
                                                     c                  
                                                    3. Record the times 
                                                     and durations of   
                                                     all periods during 
                                                     batch emission     
                                                     episodes when a    
                                                     pilot flame is     
                                                     absent or the      
                                                     monitor is not     
                                                     operating.         

[[Page 559]]

                                                                        
                                                    4. Report the times 
                                                     and durations of   
                                                     all periods during 
                                                     batch emission     
                                                     episodes selected  
                                                     for control when   
                                                     all pilot flames of
                                                     a flare are absent--
                                                     PR.d               
Scrubber for halogenated      pH of scrubber        1. Continuous       
 batch front-end process       effluent, and.        records as         
 vents or aggregate batch                            specified in Sec.  
 vent streams (Note:                                 63.491(e)(1).b     
 Controlled by a combustion                         2. Record and report
 device other than a flare).                         the average pH of  
                                                     the scrubber       
                                                     effluent measured  
                                                     during the         
                                                     performance test-- 
                                                     NCS.c              
                                                    3. Record the batch 
                                                     cycle daily average
                                                     pH of the scrubber 
                                                     effluent as        
                                                     specified in Sec.  
                                                     63.491(e)(2).      
                                                    4. Report all batch 
                                                     cycle daily average
                                                     pH values of the   
                                                     scrubber effluent  
                                                     that are below the 
                                                     minimum operating  
                                                     pH established in  
                                                     the NCS or         
                                                     operating permit   
                                                     and all instances  
                                                     when insufficient  
                                                     monitoring data are
                                                     collected--PR.d e  
                              Scrubber liquid flow  1. Continuous       
                               rate.                 records as         
                                                     specified in Sec.  
                                                     63.491(e)(1).b     
                                                    2. Record and report
                                                     the scrubber liquid
                                                     flow rate measured 
                                                     during the         
                                                     performance test-- 
                                                     NCS.c              
                                                    3. Record the batch 
                                                     cycle daily average
                                                     scrubber liquid    
                                                     flow rate as       
                                                     specified in Sec.  
                                                     63.491(e)(2).      
                                                    4. Report all batch 
                                                     cycle daily average
                                                     scrubber liquid    
                                                     flow rates that are
                                                     below the minimum  
                                                     flow rate          
                                                     established in the 
                                                     NCS or operating   
                                                     permit and all     
                                                     instances when     
                                                     insufficient       
                                                     monitoring data are
                                                     collected--PR.d e  
Absorber g..................  Exit temperature of   1. Continuous       
                               the absorbing         records as         
                               liquid, and.          specified in Sec.  
                                                     63.491(e)(1).b     
                                                    2. Record and report
                                                     the average exit   
                                                     temperature of the 
                                                     absorbing liquid   
                                                     measured during the
                                                     performance test-- 
                                                     NCS.c              
                                                    3. Record the batch 
                                                     cycle daily average
                                                     exit temperature of
                                                     the absorbing      
                                                     liquid as specified
                                                     in Sec.            
                                                     63.491(e)(2) for   
                                                     each batch cycle.  
                                                    4. Report all the   
                                                     batch cycle daily  
                                                     average exit       
                                                     temperatures of the
                                                     absorbing liquid   
                                                     that are below the 
                                                     minimum operating  
                                                     temperature        
                                                     established in the 
                                                     NCS or operating   
                                                     permit and all     
                                                     instances when     
                                                     monitoring data are
                                                     not collected--PR.d
                                                     e                  
Absorber f..................  Exit specific         1. Continuous       
                               gravity for the       records as         
                               absorbing liquid.     specified in Sec.  
                                                     63.491(e)(1).b     
                                                    2. Record and report
                                                     the average exit   
                                                     specific gravity   
                                                     measured during the
                                                     performance test-- 
                                                     NCS.               
                                                    3. Record the batch 
                                                     cycle daily average
                                                     exit specific      
                                                     gravity as         
                                                     specified in Sec.  
                                                     63.491(e)(2).      
                                                    4. Report all batch 
                                                     cycle daily average
                                                     exit specific      
                                                     gravity values that
                                                     are below the      
                                                     minimum operating  
                                                     temperature        
                                                     established in the 
                                                     NCS or operating   
                                                     permit and all     
                                                     instances when     
                                                     monitoring data are
                                                     not collected--PR.d
                                                     e                  
Condenser f.................  Exit (product side)   1. Continuous       
                               temperature.          records as         
                                                     specified in Sec.  
                                                     63.491(e)(1).b     

[[Page 560]]

                                                                        
                                                    2. Record and report
                                                     the average exit   
                                                     temperature        
                                                     measured during the
                                                     performance test-- 
                                                     NCS.               
                                                    3. Record the batch 
                                                     cycle daily average
                                                     exit temperature as
                                                     specified in Sec.  
                                                     63.491(e)(2).      
                                                    4. Report all batch 
                                                     cycle daily average
                                                     exit temperatures  
                                                     that are above the 
                                                     maximum operating  
                                                     temperature        
                                                     established in the 
                                                     NCS or operating   
                                                     permit and all     
                                                     instances when     
                                                     monitoring data are
                                                     not collected--    
                                                     PR.d,e             
Carbon Adsorber f...........  Total regeneration    1. Record of total  
                               stream mass flow      regeneration stream
                               during carbon bed     mass flow for each 
                               regeneration          carbon bed         
                               cycle(s), and.        regeneration cycle.
                                                    2. Record and report
                                                     the total          
                                                     regeneration stream
                                                     mass flow during   
                                                     each carbon bed    
                                                     regeneration cycle 
                                                     during the         
                                                     performance test-- 
                                                     NCS.c              
                                                    3. Report all carbon
                                                     bed regeneration   
                                                     cycles when the    
                                                     total regeneration 
                                                     stream mass flow is
                                                     above the maximum  
                                                     mass flow rate     
                                                     established in the 
                                                     NCS or operating   
                                                     permit--PR.d e     
Carbon Adsorber g...........  Temperature of the    1. Record the       
                               carbon bed after      temperature of the 
                               regeneration and      carbon bed after   
                               within 15 minutes     each regeneration  
                               of completing any     and within 15      
                               cooling cycle(s).     minutes of         
                                                     completing any     
                                                     cooling cycle(s).  
                                                    2. Record and report
                                                     the temperature of 
                                                     the carbon bed     
                                                     after each         
                                                     regeneration and   
                                                     within 15 minutes  
                                                     of completing any  
                                                     cooling cycle(s)   
                                                     measured during the
                                                     performance test-- 
                                                     NCS.c              
                                                    3. Report all carbon
                                                     bed regeneration   
                                                     cycles when the    
                                                     temperature of the 
                                                     carbon bed after   
                                                     regeneration, or   
                                                     within 15 minutes  
                                                     of completing any  
                                                     cooling cycle(s),  
                                                     is above the       
                                                     maximum temperature
                                                     established in the 
                                                     NCS or operating   
                                                     permit--PR.d,e     
All Control Devices.........  Presence of flow      1. Hourly records of
                               diverted to the       whether the flow   
                               atmosphere from the   indicator was      
                               control device or.    operating during   
                                                     batch emission     
                                                     episodes selected  
                                                     for control and    
                                                     whether flow was   
                                                     detected at any    
                                                     time during the    
                                                     hour, as specified 
                                                     in Sec.            
                                                     63.491(e)(3).      
                                                    2. Record and report
                                                     the times and      
                                                     durations of all   
                                                     periods during     
                                                     batch emission     
                                                     episodes selected  
                                                     for control when   
                                                     emissions are      
                                                     diverted through a 
                                                     bypass line or the 
                                                     flow indicator is  
                                                     not operating--PD.d
All Control Devices.........  Monthly inspections   1. Records that     
                               of sealed valves.     monthly inspections
                                                     were performed as  
                                                     specified in Sec.  
                                                     63.491(e)(4)(i).   
                                                    2. Record and report
                                                     all monthly        
                                                     inspections that   
                                                     show the valves are
                                                     not closed or the  
                                                     seal has been      
                                                     changed--PR.d      
Absorber, Condenser, and      Concentration level   1. Continuous       
 Carbon Adsorber (as an        or reading            records as         
 alternative to the above).    indicated by an       specified in Sec.  
                               organic monitoring    63.491(e)(1).b     
                               device at the        2. Record and report
                               outlet of the         the average        
                               recovery device.      concentration level
                                                     or reading measured
                                                     during the         
                                                     performance test-- 
                                                     NCS.               
                                                    3. Record the batch 
                                                     cycle daily average
                                                     concentration level
                                                     or reading as      
                                                     specified in Sec.  
                                                     63.491(e)(2).      

[[Page 561]]

                                                                        
                                                    4. Report all batch 
                                                     cycle daily average
                                                     concentration      
                                                     levels or readings 
                                                     that are above the 
                                                     maximum            
                                                     concentration or   
                                                     reading established
                                                     in the NCS or      
                                                     operating permit   
                                                     and all instances  
                                                     when monitoring    
                                                     data are not       
                                                     collected--PR.d,e  
------------------------------------------------------------------------
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 records'' is defined in Sec.  63.111 of subpart G.       
c NCS = Notification of Compliance Status described in Sec.             
  63.506(e)(5).                                                         
d PR = Periodic Reports described in Sec.  63.506(e)(6) of this subpart.
                                                                        
e The periodic reports shall include the duration of periods when       
  monitoring data are not collected as specified in Sec.                
  63.506(e)(6)(iii)(C) of this subpart.                                 
f Alternatively, these devices may comply with the organic monitoring   
  device provisions listed at the end of this table.                    


 Table 7.--Operating Parameters for Which Monitoring Levels Are Required
 To Be Established for Continuous and Batch Front-End Process Vents and 
                      Aggregate Batch Vent Streams                      
------------------------------------------------------------------------
                                                         Established    
   Control/Recovery device      Parameters to be          operating     
                                    monitored           parameter(s)    
------------------------------------------------------------------------
Thermal incinerator.........  Firebox temperature.  Minimum temperature.
Catalytic incinerator.......  Temperature upstream  Minimum upstream    
                               and downstream of     temperature; and   
                               the catalyst bed.     minimum temperature
                                                     difference across  
                                                     the catalyst bed.  
Boiler or process heater....  Firebox temperature.  Minimum temperature.
Scrubber for halogenated      Ph of scrubber        Minimum pH; and     
 vents.                        effluent; and         minimum flow rate. 
                               scrubber liquid                          
                               flow rate.                               
Absorber....................  Exit temperature of   Minimum temperature;
                               the absorbing         and minimum        
                               liquid; and exit      specific gravity.  
                               specific gravity of                      
                               the absorbing                            
                               liquid.                                  
Condenser...................  Exit temperature....  Maximum temperature.
Carbon absorber.............  Total regeneration    Maximum mass flow;  
                               stream mass flow      and maximum        
                               during carbon bed     temperature.       
                               regeneration cycle;                      
                               and temperature of                       
                               the carbon bed                           
                               after regeneration                       
                               (and within 15                           
                               minutes of                               
                               completing any                           
                               cooling cycle(s)).                       
Other devices (or as an       HAP concentration     Maximum HAP         
 alternate to the above) a.    level or reading at   concentration or   
                               outlet of device.     reading.           
------------------------------------------------------------------------
a Concentration is measured instead of an operating parameter.          


 Table 8.--Summary of Compliance Alternative Requirements for the Back- 
                         End Process Provisions                         
------------------------------------------------------------------------
                                 Parameter to be                        
   Compliance alternative           monitored           Requirements    
------------------------------------------------------------------------
Compliance Using Stripping    Residual organic HAP  (1) If batch        
 Technology, Demonstrated      content in each       stripping is used, 
 through Periodic Sampling     sample of crumb or    at least one       
 [Sec.  63.495(b)].            latex.                representative     
                                                     sample is to be    
                                                     taken from every   
                                                     batch.             
                                                    (2) If continuous   
                                                     stripping is used, 
                                                     at least one       
                                                     representative     
                                                     sample is to be    
                                                     taken each         
                                                     operating day.     
                              Quantity of Material  (1) Acceptable      
                               (weight of latex or   methods of         
                               dry crumb rubber)     determining this   
                               represented by each   quantity are       
                               sample.               production records,
                                                     measurement of     
                                                     stream             
                                                     characteristics,   
                                                     and engineering    
                                                     calculations.      
Compliance Using Stripping    At a minimum,         (1) Establish       
 Technology, Demonstrated      temperature,          stripper operating 
 through Stripper Parameter    pressure, steaming    parameter levels   
 Monitoring [Sec.              rates (for steam      for each grade in  
 63.495(c)].                   strippers), and       accordance with    
                               some parameter that   Sec.  63.505(e).   
                               is indicative of     (2) Continuously    
                               residence time..      monitor stripper   
                                                     operating          
                                                     parameters.        
                                                    (3) If hourly       
                                                     average parameters 
                                                     are outside of the 
                                                     established        
                                                     operating parameter
                                                     levels, a crumb or 
                                                     latex sample shall 
                                                     be taken in        
                                                     accordance with    
                                                     Sec.  63.495(c)(3)(
                                                     ii).               

[[Page 562]]

                                                                        
Determining Compliance Using  Parameters to be      Comply with         
 Control or Recovery Devices   monitored are         requirements listed
 [Sec.  63.496].               described in Table    in Table 3 of      
                               3 of subpart G..      subpart G, except  
                                                     for the            
                                                     requirements for   
                                                     halogenated vent   
                                                     stream scrubbers.  
------------------------------------------------------------------------



                          Subpart 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.
    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

[[Page 563]]

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.
    (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.

[[Page 564]]



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.
    (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.

[[Page 565]]

    (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.
    (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

[[Page 566]]

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).

    The average molecular weight of HAP in the displaced gas shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR08MR95.006


[[Page 567]]


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 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

[[Page 568]]

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 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.

[[Page 569]]

    (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 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.

[[Page 570]]

    (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 
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);

[[Page 571]]

    (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 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

[[Page 572]]

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.............                          
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.............                          

[[Page 573]]

                                                                                                                
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.             
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.............                          

[[Page 574]]

                                                                                                                
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..............                          
Sec.  63.10(e)(4)...............  No..............  No..............  No..............                          
Sec.  63.10(f)..................  Yes.............  Yes.............  Yes.............                          
Sec.  63.11-63.15...............  Yes.............  Yes.............  Yes.............                          
----------------------------------------------------------------------------------------------------------------


[[Page 575]]



Subpart X--National Emission Standards for Hazardous Air Pollutants from 
                         Secondary Lead Smelting

    Source: 62 FR 32216, June 13, 1997, unless otherwise noted.

    Effective Date Note: At 62 FR 32216, June 13, 1997, subpart X was 
revised, effective Aug. 4, 1997. For the convenience of the user, 
subpart X remaining in effect until Aug. 4, 1997, follows the text of 
this new subpart.



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..............                       
------------------------------------------------------------------------



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 an instrument that is capable of 
monitoring particulate matter (dust) loadings in the exhaust of a 
baghouse in order to detect bag failures. A bag leak detection system 
includes, but is not limited to, an instrument that operates on 
triboelectric, light scattering, transmittance or other effect to 
monitor relative particulate matter loadings.
    Battery breaking area means the plant location at which lead-acid 
batteries 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.
    Collocated blast furnace and reverberatory furnace means operation 
at the same location of a blast furnace and a reverberatory furnace with 
the volumetric flow rate discharged from the blast furnace being at 
equal to or less

[[Page 576]]

than that discharged from the reverberatory 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.
    High efficiency particulate air (HEPA) filter means a filter that 
has been certified by the manufacturer to remove 99.97 percent of all 
particles 0.3 micrometers and larger.
    Lead alloy means an alloy in which the predominant component is 
lead.
    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, reverberatory furnace 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. Materials storage and handling area does not include areas used 
exclusively for storage of blast furnace slag.
    Partial enclosure means a structure comprised of walls or partitions 
on at least three sides or three-quarters of the perimeter surrounding 
stored materials or process equipment 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 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

[[Page 577]]

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 or lead alloys by smelting.
    Smelting means the chemical reduction of lead compounds to elemental 
lead or lead alloys through processing in high-temperature (greater than 
980  deg.C) furnaces including, but not limited to, blast furnaces, 
reverberatory furnaces, rotary furnaces, and electric furnaces.
    Total enclosure means a roofed and walled structure with limited 
openings to allow access and egress for people and vehicles that meets 
the requirements of 40 CFR 265.1101(a)(1), (a)(2)(i), and (c)(1)(i).
    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.
    (f) If the owner or operator of a blast furnace or collocated blast 
furnace 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

[[Page 578]]

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 furnace 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) Except as provided in paragraph (i) of this section, following 
the initial test to demonstrate compliance with paragraph (a) of this 
section, the owner or operator of a secondary lead smelter shall conduct 
a compliance test for lead compounds on an annual basis (no later than 
12 calendar months following the previous compliance test).
    (i) If a compliance test demonstrates a source emitted lead 
compounds at 1.0 milligram of lead per dry standard cubic meter (0.00044 
grains of lead per dry standard cubic foot) or less during the time of 
the compliance test, the owner or operator of a secondary lead smelter 
shall be allowed up to 24 calendar months from the previous compliance 
test to conduct the next annual compliance test for lead compounds.
    (j) 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 blast furnace and                                                                                    
 reverberatory furnace:                                                                                         
    When both furnaces operating...             2.0  20 parts per million   Sec.  63.543(a),(c).                
                                                      by volume\1\.                                             
    When reverberatory furnace not              2.0  360 parts per million  Sec.  63.543(a),(c)(1).             
     operating.                                       by volume\1\                                              
                                                      (existing).                                               
                                     ..............  70 parts per million   Sec.  63.543(a),(c)(2).             
                                                      by volume\1\                                              
                                                      (new)\2\.                                                 
Blast..............................             2.0  360 parts per million  Sec.  63.543(a),(d).                
                                                      by volume\1\                                              
                                                      (existing).                                               
                                     ..............  70 parts per million   Sec.  63.543(e).                    
                                                      by volume\1\                                              
                                                      (new)\2\.                                                 
                                     ..............  0.20 kilograms per     Sec.  63.543(g).                    
                                                      hour\3\.                                                  
Reverberatory, rotary, and electric             2.0  Not applicable.......  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 in accordance with the equipment and 
operational standards presented in paragraphs (b) and (c) of this 
section.
    (1) Smelting furnace and dryer charging hoppers, chutes, and skip 
hoists;
    (2) Smelting furnace lead taps, and molds during tapping;
    (3) Smelting furnace slag taps, and molds during tapping;
    (4) Refining kettles;
    (5) Dryer transition pieces; and
    (6) Agglomerating furnace product taps.
    (b) Process fugitive emission sources shall be equipped with an 
enclosure hood meeting the requirements of paragraphs (b)(1), (b)(2), or 
(b)(3) of this section, or be located in a total enclosure subject to 
general ventilation that maintains the building at a lower than ambient 
pressure to ensure in-draft through any doorway opening.
    (1) All process fugitive enclosure hoods except those specified for 
refining kettles and dryer transition pieces

[[Page 579]]

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).
    (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) Ventilation air from all enclosures hoods and total enclosures 
shall be conveyed to a control device. Gases discharged to the 
atmosphere from these control devices shall not 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) Except as provided in paragraph (f) of this section, following 
the date of the initial test to demonstrate compliance with paragraphs 
(c) and (d) of this section, the owner or operator of a secondary lead 
smelter shall conduct a compliance test for lead compounds on an annual 
basis (no later than 12 calendar months following the previous 
compliance test).
    (f) If a compliance test demonstrates a source emitted lead 
compounds at 1.0 milligram of lead per dry standard cubic meter (0.00044 
grains of lead per dry standard cubic foot) or less during the time of 
the compliance test, the owner or operator of a secondary lead smelter 
shall be allowed up to 24 calendar months from the previous compliance 
test to conduct the next annual compliance test for lead compounds.
    (g) 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 hood or                                       
                                       emission limit      doorway face                                         
      Fugitive emission source        (milligrams per   velocity (meters/                 Citation              
                                        dry standard         minute)                                            
                                        cubic meter)                                                            
----------------------------------------------------------------------------------------------------------------
          Control Option I                                                                                      
                                                                                                                
Smelting furnace and dryer charging                2.0             \1\ 90  Sec.  63.544 (b), (c).               
 hoppers, chutes, and skip hoists.                                                                              
Smelting furnace lead taps and                     2.0             \1\ 90  Sec.  63.544 (b), (c).               
 molds during tapping.                                                                                          
Smelting furnace slag taps and                     2.0             \1\ 90  Sec.  63.544 (b), (c).               
 molds during tapping.                                                                                          
Refining kettles...................                2.0             \1\ 75  Sec.  63.544 (b), (c).               
Dryer transition pieces............                2.0            \1\ 110  Sec.  63.544 (b), (c).               
Agglomerating furnace process vents                2.0             \1\ 90  Sec.  63.544 (b), (c).               
 and product taps.                                                                                              
                                                                                                                
         Control Option II                                                                                      
                                                                                                                
Enclosed building ventilated to a                  2.0  .................  Sec.  63.544 (b), (c).               
 control device.                                                                                                
                                                                                                                
 Applicable to Both Control Options                                                                             
                                                                                                                
Dryer and agglomerating furnace                    2.0  .................  Sec.  63.544(d).                     
 emission vents.                                                                                                
----------------------------------------------------------------------------------------------------------------
\1\ Enclosure hood face velocity applicable to those process fugitive sources not located in an enclosed        
  building ventilated to a control device.                                                                      



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

[[Page 580]]

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.
    (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.
    (3) Furnace area--partial enclosure and pavement cleaning twice per 
day; or total enclosure 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 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 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 December 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 13, 
1997 or upon startup of operations, whichever is later.



Sec. 63.547  Test methods.

    (a) The following test methods in appendix A of part 60 listed 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 (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

[[Page 581]]

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 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 equation (1).
[GRAPHIC] [TIFF OMITTED] TR13JN97.000

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) for process fugitive enclosure hoods shall be determined 
by the following test methods in paragraphs (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 position they are in during 
normal operating conditions.
    (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)(v) 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) The measurement range of the anemometer shall extend to at 
least 300 meters per minute (1,000 feet per minute).

[[Page 582]]

    (iv) A known relationship shall exist between the anemometer signal 
output and air velocity, and the anemometer must be equipped with a 
suitable readout system.
    (v) Hood face velocity shall be determined for each hood open during 
normal operation by placing the anemometer in the plane of the hood 
opening. Access doors shall be positioned consistent with normal 
operation.
    (e) Owners and operators shall determine compliance with the doorway 
in-draft requirement for enclosed buildings in Sec. 63.544(b) using the 
procedures in paragraphs (e)(1) or (e)(2) of this section.
    (1)(i) Owners and operators shall use a propeller anemometer or 
equivalent device meeting the requirements of paragraphs (d)(2)(ii) 
through (d)(2)(iv) of this section.
    (ii) Doorway in-draft shall be determined by placing the anemometer 
in the plane of the doorway opening near its center.
    (iii) Doorway in-draft shall be demonstrated for each doorway that 
is open during normal operation with all remaining doorways in the 
position they are in during normal operation.
    (2)(i) Owners and operators shall install a differential pressure 
gage on the leeward wall of the building to measure the pressure 
difference between the inside and outside of the building.
    (ii) The pressure gage shall be certified by the manufacturer to be 
capable of measuring pressure differential in the range of 0.02 to 0.2 
mm Hg.
    (iii) Both the inside and outside taps shall be shielded to reduce 
the effects of wind.
    (iv) Owners and operators shall demonstrate the inside of the 
building is maintained at a negative pressure as compared to the outside 
of the building of no less than 0.02 mm Hg when all doors are in the 
position they are in during normal operation.



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)(9) of this 
section.
    (1) Daily monitoring of pressure drop across each baghouse cell.
    (2) Weekly confirmation that dust is being removed from hoppers 
through visual inspection, or equivalent means of ensuring the proper 
functioning of removal mechanisms.
    (3) Daily check of compressed air supply for pulse-jet baghouses.
    (4) An appropriate methodology for monitoring cleaning cycles to 
ensure proper operation.
    (5) Monthly check of bag cleaning mechanisms for proper functioning 
through visual inspection or equivalent means.
    (6) Monthly check of bag tension on reverse air and shaker-type 
baghouses. Such checks are not required for shaker-type baghouses using 
self-tensioning (spring loaded) devices.
    (7) Quarterly confirmation of the physical integrity of the baghouse 
through visual inspection of the baghouse interior for air leaks.
    (8) Quarterly inspection of fans for wear, material buildup, and 
corrosion through visual inspection, vibration detectors, or equivalent 
means.
    (9) Except as provided in paragraphs (g) and (h) of this section, 
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

[[Page 583]]

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 (a)(9) of 
this section, shall meet the specifications and requirements of 
paragraphs (e)(1) through (e)(8) of this section.
    (1) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligram per actual cubic meter (0.0044 grains per 
actual cubic foot) or less.
    (2) The bag leak detection system sensor must provide output of 
relative particulate matter loadings.
    (3) The bag leak detection system must be equipped with an alarm 
system that will alarm when an increase in relative particulate loadings 
is detected over a preset level.
    (4) The bag leak detection system shall be installed and operated in 
a manner consistent with available written guidance from the U.S. 
Environmental Protection Agency or, in the absence of such written 
guidance, the manufacturer's written specifications and recommendations 
for installation, operation, and adjustment of the system.
    (5) The initial adjustment of the system shall, at a minimum, 
consist of establishing the baseline output by adjusting the sensitivity 
(range) and the averaging period of the device, and establishing the 
alarm set points and the alarm delay time.
    (6) Following initial adjustment, the owner or operator shall not 
adjust the sensitivity or range, averaging period, alarm set points, or 
alarm delay time, except as detailed in the approved SOP required under 
paragraph (a) of this section. In no event shall the sensitivity be 
increased by more than 100 percent or decreased more than 50 percent 
over a 365 day period unless such adjustment follows a complete baghouse 
inspection which demonstrates the baghouse is in good operating 
condition.
    (7) For negative pressure, induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag leak detector must be installed downstream of the 
baghouse and upstream of any wet acid gas scrubber.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (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)(2)(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) Baghouses equipped with HEPA filters as a secondary filter used 
to control process, process fugitive, or fugitive dust emissions from 
any source subject to the lead emission standards in Sec. 63.543, 
63.544, or 63.545 are exempt from the requirement in Sec. 63.548(c)(9) 
of this section to be equipped with a bag leak detector. The owner or 
operator of an affected source that uses a HEPA filter shall monitor and 
record the pressure drop across the HEPA filter system daily. If the 
pressure drop is

[[Page 584]]

outside the limit(s) specified by the filter manufacturer, the owner or 
operator must take appropriate corrective measures, which may include 
but not be limited to those given in paragraphs (g)(1) through (g)(4) of 
this section.
    (1) Inspecting the filter and filter housing for air leaks and torn 
or broken filters.
    (2) Replacing defective filter media, or otherwise repairing the 
control device.
    (3) Sealing off a defective control device by routing air to other 
control devices.
    (4) Shutting down the process producing the particulate emissions.
    (h) Baghouses that are used exclusively for the control of fugitive 
dust emissions from any source subject to the lead emissions standard in 
Sec. 63.545 are exempt from the requirement in Sec. 63.548(c)(9) of this 
section to be equipped with a bag leak detector.
    (i) 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(c) and (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.
    (j) The owner or operator of a blast furnace or collocated blast 
furnace and reverberatory furnace subject to the total hydrocarbon 
standards in Sec. 63.543 (c), (d), or (e), must comply with the 
requirements of either paragraph (j)(1) or (j)(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 blast furnace and reverberatory 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) Prior to or in conjunction with the initial compliance test to 
determine compliance with Sec. 63.543 (c), (d), or (e), the owner or 
operator shall conduct a performance evaluation for the temperature 
monitoring device according to Sec. 63.8(e) of the General Provisions. 
The definitions, installation specifications, test procedures, and data 
reduction procedures for determining calibration drift, relative 
accuracy, and reporting described in Performance Specification 2, 40 CFR 
Part 60, Appendix B, Sections 2, 3, 5, 7, 8, 9, and 10 shall be used to 
conduct the evaluation. The temperature monitoring device shall meet the 
following performance and equipment specifications:
    (A) The recorder response range must include zero and 1.5 times the 
average temperature identified in paragraph (j)(1)(iii) of this section.
    (B) The monitoring system calibration drift shall not exceed 2 
percent of 1.5 times the average temperature identified in paragraph 
(j)(1)(iii) of this section.
    (C) The monitoring system relative accuracy shall not exceed 20 
percent.
    (D) The reference method shall be an National Institute of Standards 
and Technology calibrated reference thermocouple-potentiometer system or 
an alternate reference, subject to the approval of the Administrator.
    (iii) The owner or operator of a blast furnace or a collocated blast 
furnace and reverberatory 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.
    (iv) 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

[[Page 585]]

not fall more than 28  deg.C (50  deg.F) below the average established 
in paragraph (j)(1)(iii) 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 (j)(1)(iii) 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) Prior to or in conjunction with the initial compliance test to 
determine compliance with Sec. 63.543 (c), (d), or (e), the owner or 
operator shall conduct a performance evaluation for the total 
hydrocarbon continuous monitoring system according to Sec. 63.8(e) of 
the General Provisions. The monitor shall meet the performance 
specifications of Performance Specification 8, 40 CFR Part 60, Appendix 
B.
    (iii) 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 these plans and procedures. Owners or 
operators of existing secondary lead smelters shall submit this 
notification no later than July 23, 1997. 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 13, 1997. An affected source that has 
received a construction permit from the Administrator or delegated 
authority on or before June 23, 1995, shall submit this notification no 
later than July 23, 1997.



Sec. 63.550  Recordkeeping and reporting requirements.

    (a) The owner or operator of a secondary lead smelter shall comply 
with all of the recordkeeping requirements under Sec. 63.10 of the 
General Provisions. In addition, 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)(6) of this section.
    (1) An identification of the date and time of all bag leak detection 
system alarms, their cause, and an explanation of the corrective actions 
taken.
    (2) 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(j)(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(j)(1), and an explanation of the corrective actions taken.
    (3) 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(j)(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.
    (4) 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.
    (5) Any recordkeeping required as part of the practices described in 
the

[[Page 586]]

standard operating procedures manual for baghouses required under 
Sec. 63.548(a).
    (6) Records of the pressure drop and water flow rate for wet 
scrubbers used 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) In addition to the information required under Sec. 63.10 of the 
General Provisions, 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 reports shall include records of all alarms from the bag 
leak detection system specified in Sec. 63.548(e).
    (2) The reports 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 reports 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(j)(1) fell below the level established in Sec. 63.548(j)(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(j)(2) exceeds the 
relevant limits established in Sec. 63.543 (c), (d), and (e).
    (4) The reports 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 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(i), and an explanation of the corrective actions taken.
    (6) The reports 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).

    Effective Date Note: At 62 FR 32216, June 13, 1997, subpart X was 
revised, Aug. 4, 1997. For the convenience of the user, the text 
remaining in effect until Aug. 4, 1997 is set forth as follows:



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.                                 

[[Page 587]]

                                                                        
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 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

[[Page 588]]

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 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.
    (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

[[Page 589]]

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).
    (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

[[Page 590]]

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.
    (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).

[[Page 591]]

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 December 23, 1997. Existing sources wishing to apply for an 
extension of compliance pursuant to Sec. 63.6(i) of this part must do so 
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.

[60 FR 32594, June 23, 1995, as amended at 61 FR 65336, Dec. 12, 1996]
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 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

[[Page 592]]

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.
    (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.

[[Page 593]]

    (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 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.
    (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

[[Page 594]]

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 these plans and procedures. Owners or 
operators of existing secondary lead smelters shall submit this 
notification no later than June 23, 1997. 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.

[60 FR 32594, June 23, 1995, as amended at 61 FR 65336, Dec. 12, 1997]
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 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

[[Page 595]]

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 
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)

[[Page 596]]

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 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 597]]



                                         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 598]]

                                                                                                                                                        
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                               .............................................................................

[[Page 599]]

                                                                                                                                                        
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.                                                              
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                              .............................................................................

[[Page 600]]

                                                                                                                                                        
63.9(b)(1)(i)...........................  Yes                              .............................................................................
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)                                                          

[[Page 601]]

                                                                                                                                                        
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 602]]



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 603]]

    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 604]]

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 605]]

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 606]]

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 607]]

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 608]]

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 609]]

    (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 610]]

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 611]]

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 612]]

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 613]]

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 614]]

    (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 615]]

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 616]]

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 617]]

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 618]]

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 619]]

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 620]]

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 621]]


    (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 622]]

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 623]]

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 624]]

    (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 625]]

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 626]]

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 627]]

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 628]]

    (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 629]]

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 630]]

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 631]]

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 632]]

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 633]]

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.
    Annual average true vapor pressure means the equilibrium partial 
pressure exerted by the stored liquid at the temperature equal to the 
annual average of the liquid storage temperature for liquids stored 
above or below the ambient temperature or at the local annual average 
temperature 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.
    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

[[Page 634]]

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 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

[[Page 635]]

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 design 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 stored-liquid annual average true vapor pressure greater 
than or equal to 8.3 kilopascals and annual average 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 annual 
average 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 annual average 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.

[[Page 636]]

    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 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

[[Page 637]]

    (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.
    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.

[[Page 638]]

    (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.
    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

[[Page 639]]

ejector systems pulling vacuum on vessels containing organics.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29879, June 12, 1996; 
62 FR 7938, Feb. 21, 1997]



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 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

[[Page 640]]

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 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

[[Page 641]]

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.



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.

[[Page 642]]

    (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 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

[[Page 643]]

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.
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

[[Page 644]]

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 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 annual average weight percent organic HAP in the stored 
liquid is above or below 4 percent for a storage vessel at an existing 
source or above or below 2 percent for a storage vessel at a new source, 
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

[[Page 645]]

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.
    (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; 
62 FR 7939, Feb. 21, 1997]



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

[[Page 646]]

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.
    (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

[[Page 647]]

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 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

[[Page 648]]

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.
    (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.

[[Page 649]]

    (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 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.

[[Page 650]]



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]



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.

[[Page 651]]

    (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 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

[[Page 652]]

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 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.

[[Page 653]]

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.
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,

[[Page 654]]

[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 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

[[Page 655]]

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:
    (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


[[Page 656]]


    (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 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.

[[Page 657]]

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 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.

[[Page 658]]

    (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:
[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,

[[Page 659]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.018


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.

[[Page 660]]

    (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,
[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


[[Page 661]]


    (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.
    (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.

[[Page 662]]

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.
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:


[[Page 663]]


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 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 664]]

[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 665]]

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 666]]

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 667]]

[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 668]]

[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 669]]

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 emissions 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 670]]

    (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 671]]

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 672]]

    (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 673]]

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 674]]

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 675]]

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 676]]

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 677]]

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 678]]

    (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 679]]

    (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 680]]

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 681]]


             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 682]]


 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 683]]

                                                                        
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 684]]

                                                                        
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 685]]

                                                                        
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 686]]


          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 687]]

                                                                        
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 688]]

    (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 689]]

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 690]]

    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 691]]

    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 692]]

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 693]]

    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 694]]

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 695]]

    (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 696]]

    (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 697]]

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 698]]

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 699]]

    (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 700]]

    (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 701]]

    (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 702]]

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 703]]

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 704]]

    (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 705]]

(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 706]]

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 707]]

    (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 708]]

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 709]]

(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 710]]

    (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 711]]

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 712]]

    (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 713]]

    (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 714]]

[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 715]]

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 716]]


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 717]]

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 718]]

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 719]]

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 720]]

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 721]]

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 722]]

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 723]]

    (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 724]]

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 725]]

    (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 726]]

                                                                        
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 727]]

                                                                        
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 728]]

                                                                        
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 729]]

                                                                        
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 730]]



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 731]]

    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 732]]

    (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 733]]

    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 734]]

    (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 735]]

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 736]]

    (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 737]]

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 738]]

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 739]]

    (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 740]]

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 741]]

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 742]]

    (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 743]]

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 744]]

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 745]]

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 746]]

    (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 747]]

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 748]]

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 749]]

(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 750]]

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 751]]

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 752]]

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 753]]

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 754]]

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 755]]



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 756]]

                                                                        
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 FF [Reserved]



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 757]]

    (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 758]]

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 759]]

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 760]]

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 761]]

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 762]]

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 763]]

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 764]]

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 765]]

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 766]]

    (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 767]]

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 768]]

    (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 769]]

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 770]]

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 771]]



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 772]]

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 773]]

    (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 774]]

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 775]]

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 776]]

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 777]]

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 778]]

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 779]]

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 780]]

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 781]]

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 782]]

    (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 783]]

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 784]]


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 785]]

[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 786]]

    (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 787]]

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 788]]

(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 789]]

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 790]]

    (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 791]]

    (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 792]]

(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 793]]

    (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 794]]

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 795]]

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 796]]

    (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) The initial notification for existing sources, required in 
Sec. 63.9(b)(2) shall be submitted no later than September 1, 1997. 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

[[Page 797]]

primer or topcoat application 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) 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

[[Page 798]]

of inorganic HAP emissions was not 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 799]]

    (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, as amended at 61 
FR 66227, Dec. 17, 1996]
Secs. 63.754-63.759  [Reserved]



                          Subpart HH [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

[[Page 800]]

manufacturer's process. A batch may 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 801]]

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 802]]

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 803]]

    (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]



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 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

[[Page 804]]

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);
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

[[Page 805]]

(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 806]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.045



[[Page 807]]



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 808]]

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) [Reserved]
    (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]



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.
    (b) Recordkeeping requirements. (1) Each owner or operator of a 
major source shipbuilding or ship repair facility having surface coating 
operations with less than 1000 liters (L) (264 gallons (gal)) annual 
marine coating usage 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.

[[Page 809]]

    (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
    (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.

[[Page 810]]

    (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.

[60 FR 64336, Dec. 15, 1995, as amended at 61 FR 66227, Dec. 17, 1996]

               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...................  .................................................
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.             

[[Page 811]]

                                                                                                                
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
  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).                                      

[[Page 812]]

                                                                        
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 less than 40 percent volume solids             
  (nonvolatiles). Such coatings are subject to the same limits          
  regardless of weather conditions.                                     


[60 FR 64336, Dec. 15, 1995, as amended at 61 FR 66228, Dec. 17, 1996]

          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 813]]

         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 814]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.046

[60 FR 64336, Dec. 15, 1995, as amended at 61 FR 66227, 66228, Dec. 17, 
1996]

[[Page 815]]



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, subpart 
A, Sec. 63.2. The owner or operator of a source that meets the 
definition for an incidental wood furniture manufacturer shall maintain 
purchase or usage records demonstrating that the source meets the 
definition 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 paragraphs (b)(1) 
and (b)(2), finishing materials, adhesives, cleaning solvents and 
washoff solvents used for wood furniture or wood furniture component 
manufacturing operations 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 
shall keep any records necessary to demonstrate that the 90 percent 
criterion is being 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).

[[Page 816]]

Records shall be maintained for five years.
    (3) The source emits no more than 4.5 Mg (5 tons) of any one HAP per 
rolling 12-month period and no more than 11.4 Mg (12.5 tons) of any 
combination of HAP per rolling 12-month period, 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.
    (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.

[60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30259, June 3, 1997]



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, 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.

[[Page 817]]

    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:
    (1) The VHAP 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));
    (2) 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
    (3) The density, measured by EPA Method 24 or an alternative or 
equivalent method. Therefore, the reportable VHAP content shall 
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 VHAP that are carcinogens, 
as defined by the Occupational Safety and Health Administration Hazard 
Communication Standard (29 CFR part 1910), as formulated. Only VHAP 
present in concentrations greater than or equal to 1.0 percent by 
weight, or 0.1 percent for VHAP that are carcinogens, must be reported 
on the CPDS. 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. Aerosol 
spray paints used for touch-up and repair are not considered coatings 
under this subpart.
    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 the EPA Method 24, or an equivalent or 
alternative method.

[[Page 818]]

    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.
    Incidental wood furniture manufacturer means a major source that is 
primarily

[[Page 819]]

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 in some finishing 
systems to optimize aesthetics are not sealers.

[[Page 820]]

    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 6 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. However, 
foam seat cushions manufactured and fabricated at a facility that does 
not engage in any other wood furniture or wood furniture component 
manufacturing operation are excluded from this definition.

[[Page 821]]

    Wood furniture manufacturing operations means the finishing, gluing, 
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.

[60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30260, June 3, 1997; 62 
FR 31363, June 9, 1997]

    Effective Date Note: At 62 FR 31363, June 9, 1997, Sec. 63.801 was 
amended by revising the definition for ``wood furniture component'', 
effective Aug. 8, 1997. For the convenience of the user, the superseded 
text is set forth as follows:
Sec. 63.801  Definitions.

                                * * * * *

    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.

                                * * * * *



Sec. 63.802  Emission limits.

    (a) Each owner or operator of an existing affected source subject to 
this subpart shall:

[[Page 822]]

    (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 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

[[Page 823]]

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 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

[[Page 824]]

    (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
    (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;

[[Page 825]]

    (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 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

[[Page 826]]

    (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).
    (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

[[Page 827]]

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 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);

[[Page 828]]

    (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 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

[[Page 829]]

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 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

[[Page 830]]

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 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.
    (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

[[Page 831]]

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.



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

[[Page 832]]

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 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:

[[Page 833]]

[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 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

[[Page 834]]

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.



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

[[Page 835]]

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).
    (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:

[[Page 836]]

    (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.
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                                       

[[Page 837]]

                                                                        
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
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

[[Page 838]]

                                                                        
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
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

[[Page 839]]

                                                                        
      --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 percent VHAP                                  
       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 VHAP 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.        


[60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30260, June 3, 1997]

 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
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

[[Page 840]]

                                                                        
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).           
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).                     

[[Page 841]]

                                                                        
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, 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

[[Page 842]]

(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.
    (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

[[Page 843]]

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.
    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

[[Page 844]]

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.
    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.

[[Page 845]]

    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 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.

[[Page 846]]

    (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-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

[[Page 847]]

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 
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.

[[Page 848]]

    (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. 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

[[Page 849]]

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:
    (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

[[Page 850]]

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. 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

[[Page 851]]

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).
    (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.

[[Page 852]]

[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 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).

[[Page 853]]

    (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.
    (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

[[Page 854]]

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 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.

[[Page 855]]

    (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 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

[[Page 856]]

    (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 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-

[[Page 857]]

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

    (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

[[Page 858]]

    (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 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.

[[Page 859]]

    (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 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.

[[Page 860]]

    (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 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

[[Page 861]]

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 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

[[Page 862]]

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:
    (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:

[[Page 863]]

    (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 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

[[Page 864]]

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 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

[[Page 865]]

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.                                    
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.       

[[Page 866]]

                                                                        
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.

             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

[[Page 867]]

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 868]]


    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
                                                                                                                

                           Table 1.--T-Values

    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 869]]

[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 870]]

[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 871]]



                       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 872]]

    (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 873]]

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 874]]

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.
    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.

[[Page 875]]

    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 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.

[[Page 876]]

    (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:
    (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

[[Page 877]]

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 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:

[[Page 878]]

    (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.
    (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

[[Page 879]]

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.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.

[[Page 880]]

    (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 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.

[[Page 881]]



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.
    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

[[Page 882]]

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, 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

[[Page 883]]

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 
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.

[[Page 884]]

    (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 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

[[Page 885]]

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 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

[[Page 886]]

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 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

[[Page 887]]

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 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

[[Page 888]]

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.
    (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

[[Page 889]]

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 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

[[Page 890]]

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

    Source: 61 FR 34195, July 1, 1996, unless otherwise noted.



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 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.

[[Page 891]]

    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 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

[[Page 892]]

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 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

[[Page 893]]

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.
    (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

[[Page 894]]

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 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.

[[Page 895]]

    (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 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

[[Page 896]]

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.
    (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

[[Page 897]]

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.



                       Subparts WW-III  [Reserved]



  Subpart JJJ--National Emission Standards for Hazardous Air Pollutant 
                 Emissions: Group IV Polymers and Resins

    Source: 61 FR 48229, Sept. 12, 1996, unless otherwise noted.



Sec. 63.1310  Applicability and designation of affected sources.

    (a) Definition of affected source. The provisions of this subpart 
apply to each affected source. An affected source is either an existing 
affected source or a new affected source. Existing affected source is 
defined in paragraph (a)(6) of this section, and new affected source is 
defined in paragraph (a)(7) of this section. The affected source also 
includes the emission points and equipment specified in paragraphs 
(a)(1) through (a)(5) of this section that are associated with each 
group of TPPU.
    (1) Each wastewater stream.
    (2) Each wastewater operation.
    (3) Each heat exchange system.
    (4) Each process contact cooling tower used in the manufacture of 
PET that is associated with a new affected source.
    (5) Each process contact cooling tower used in the manufacture of 
PET using a continuous terephthalic acid high viscosity multiple end 
finisher process that is associated with an existing affected source.
    (6) Except as specified in paragraphs (b) through (d) of this 
section, an existing affected source is defined as each group of one or 
more thermoplastic product process units (TPPUs) that is not part of a 
new affected source as defined in paragraph (a)(7) of this section, that 
is manufacturing the same primary product, where each TPPU uses as a 
reactant, or uses as a process solvent, or produces as a by-product or 
co-

[[Page 898]]

product any organic hazardous air pollutant (organic HAP), and that is 
located at a plant site that is a major source.
    (7) Except as specified in paragraphs (b) through (d) of this 
section, a new affected source is defined as a source meeting the 
criteria of paragraph (a)(7)(i), (a)(7)(ii), or (a)(7)(iii) of this 
section:
    (i) At a plant site previously without HAP emissions points, each 
group of one or more TPPUs manufacturing the same primary product that 
is part of a major source on which construction commenced after March 
29, 1995;
    (ii) A TPPU meeting the criteria in paragraph (i)(1)(i) of this 
section; or
    (iii) A reconstructed affected source meeting the criteria in 
paragraph (i)(2)(i) of this section.
    (b) TPPUs exempted from the affected source. For a TPPU to be 
excluded from the designation of affected source due to the fact that it 
does not use as a reactant, or use as a process solvent, or produce as a 
by-product or co-product any organic HAP, the owner or operator shall 
comply with the requirements of paragraph (b)(1) of this section and 
shall comply with the requirements of paragraph (b)(2) of this section 
if requested to do so by the Administrator.
    (1) Retain information, data, and analysis used to document the 
basis for the determination that the TPPU does not use as a reactant or 
use as a process solvent, or manufacture as a by-product or a co-product 
any organic HAP. Types of information that could document this 
determination include, but are not limited to, records of chemicals 
purchased for the process, analyses of process stream composition, or 
engineering calculations.
    (2) When requested by the Administrator, demonstrate that the TPPU 
does not use as a reactant, or use as a process solvent, or manufacture 
as a by-product or co-product any organic HAP.
    (c) Emission points exempted from the affected source. The affected 
source does not include the emission points listed in paragraphs (c)(1) 
through (c)(6) of this section:
    (1) Stormwater from segregated sewers;
    (2) Water from fire-fighting and deluge systems in segregated 
sewers;
    (3) Spills;
    (4) Water from safety showers;
    (5) Vessels and equipment storing and/or handling material that 
contain no organic HAP and/or organic HAP as impurities only; and
    (6) Equipment that is intended to operate in organic HAP service for 
less than 300 hours during the calendar year.
    (d) Processes exempted from the affected source. The processes 
specified in paragraphs (d)(1) through (d)(5) of this section are 
exempted from the affected source:
    (1) Research and development facilities;
    (2) Polymerization processes occurring in a mold;
    (3) Processes which manufacture binder systems containing a 
thermoplastic product for paints, coatings, or adhesives;
    (4) Finishing processes including equipment such as compounding 
units, spinning units, drawing units, extruding units, and other 
finishing steps; and
    (5) Solid state polymerization processes.
    (e) Applicability determination of nonthermoplastic equipment 
included in a TPPU producing a thermoplastic product. If a polymer that 
is not subject to this subpart is produced within the equipment (i.e., 
collocated) making up a TPPU and at least 50 percent of said polymer is 
used in the production of a thermoplastic product manufactured by said 
TPPU, the unit operations involved in the production of said polymer are 
considered part of the TPPU and are subject to this rule except as 
specified in this paragraph (e). If said unit operations are subject to 
another MACT standard regulating the same emission points, said unit 
operations are not subject to this subpart.
    (f) Primary product determination and applicability. The primary 
product of a process unit shall be determined according to the 
procedures specified in paragraphs (f)(1) through (f)(2) of this 
section. Paragraphs (f)(3) through (f)(4) of this section describe 
whether or not a process unit is subject to this subpart. Paragraphs 
(f)(5) through (f)(7) of

[[Page 899]]

this section discuss compliance for those TPPUs operated as flexible 
operation units, as specified in paragraph (f)(2) of this section.
    (1) If a process unit only manufactures one product, then that 
product shall represent the primary product of the process unit.
    (2) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraphs (f)(2)(i) or (f)(2)(ii) of this section based on the 
anticipated operations for the 5 years following September 12, 1996 for 
existing affected sources and for the first 5 years after initial start-
up for new affected sources.
    (i) If the flexible operation unit will manufacture one product for 
the greatest operating time over the five year period, then that product 
shall represent the primary product of the flexible operation unit.
    (ii) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest production on a mass basis over the five year period shall 
represent the primary product of the flexible operation unit.
    (3) If the primary product of a process unit is a thermoplastic 
product, then said process unit is considered a TPPU. If said TPPU meets 
all the criteria of paragraph (a) of this section, it is either an 
affected source or is part of an affected source comprised of other TPPU 
subject to this rule at the same plant site with the same primary 
product. The status of a process unit as a TPPU and as an affected 
source or part of an affected source shall not change regardless of what 
products are produced in the future by said TPPU, with the exception 
noted in paragraph (f)(3)(i) of this section.
    (i) If a process unit terminates the production of all thermoplastic 
products and does not anticipate the production of any thermoplastic 
product in the future, the process unit is no longer a TPPU and is not 
subject to this rule after notification is made as specified in 
paragraph (f)(3)(ii) of this section.
    (ii) The owner or operator of a process unit that wishes to remove 
the TPPU designation from the process unit, as specified in paragraph 
(f)(3)(i) of this section, shall notify the Administrator. This 
notification shall be accompanied by rationale for why it is anticipated 
that no thermoplastic products will be produced in the process unit in 
the future.
    (iii) If a process unit meeting the criteria of paragraph (f)(3)(i) 
of this section begins the production of a thermoplastic product in the 
future, the owner or operator shall use the procedures in paragraph 
(f)(4)(i) of this section to determine if the process unit is re-
designated as a TPPU.
    (4) If the primary product of a process unit is not a thermoplastic 
product, then said process unit is not an affected source nor is it part 
of any affected source subject to this rule. Said process unit is not 
subject to this rule at any time, regardless of what product is being 
produced. The status of a process unit as not being a TPPU, and 
therefore not an affected source nor part of an affected source subject 
to this subpart, shall not change regardless of what products are 
produced in the future by said TPPU, with the exception noted in 
paragraph (f)(4)(i) of this section.
    (i) If, at any time beginning September 12, 2001, the owner or 
operator determines that a thermoplastic product is the primary product 
for the process unit based on actual production data for any preceding 
consecutive five-year period, then the process unit shall be designated 
as a TPPU. If said TPPU meets all the criteria of paragraph (a) of this 
section and is not subject to another subpart of 40 CFR part 63, it is 
either an affected source or part of an affected source and shall be 
subject to this rule.
    (ii) If a process unit meets the criteria of paragraph (f)(4)(i) of 
this section, the owner or operator shall notify the Administrator 
within 6 months of making this determination. The TPPU, as the entire 
affected source or part of an affected source, shall be in compliance 
with the provisions of this rule within 3 years from the date of such 
notification.
    (iii) If a process unit is re-designated as a TPPU but does not meet 
all the criteria of paragraph (a) of this section, the owner or operator 
shall notify the

[[Page 900]]

Administrator within 6 months of making this determination. Said 
notification shall include documentation justifying the TPPU's status as 
not being an affected source or not being part of an affected source.
    (5) Once the primary product of a process unit has been determined 
to be a thermoplastic product and it has been determined that all the 
criteria of paragraph (a) of this section are met for said TPPU, the 
owner or operator of the affected source shall comply with the standards 
for the primary product. Owners or operators of flexible operation units 
shall comply with the standards for the primary product as specified in 
either paragraph (f)(5)(i) or (f)(5)(ii) of this section, except as 
specified in paragraph (f)(5)(iii) of this section.
    (i) Each owner or operator shall determine the group status of each 
emission point that is part of said flexible operation unit based on 
emission point characteristics when the primary product is being 
manufactured. Based on this finding, the owner or operator shall comply 
with the applicable standards for the primary product for each emission 
point, as appropriate, at all times, regardless of what product is being 
produced.
    (ii) Alternatively, each owner or operator shall determine the group 
status of each emission point that is part of said flexible operation 
unit based on the emission point characteristics when each product 
produced by the flexible operation unit is manufactured, regardless of 
whether said product is a thermoplastic product or not. Based on these 
findings, the owner or operator shall comply with the applicable 
standards for the primary product for each emission point, as 
appropriate, regardless of what product is being produced.

    Note: Under this scenario it is possible that the group status, and 
therefore the requirement to achieve emission reductions, for an 
emission point may change depending on the product being produced.

    (iii) Whenever a flexible operation unit manufactures a product that 
meets the criteria of paragraph (b) of this section (i.e., does not use 
or produce any organic HAP), all activities associated with the 
manufacture of said product shall be exempt from the requirements of 
this rule, to include the operation and monitoring of control or 
recovery devices.
    (6) The determination of the primary product for a process unit, to 
include the determination of applicability of this subpart to process 
units that are designed and operated as flexible operation units, shall 
be reported in the Notification of Compliance Status required by 
Sec. 63.1335(e)(5) when the primary product is determined to be a 
thermoplastic product. The Notification of Compliance Status shall 
include the information specified in either paragraph (f)(6)(i) or 
(f)(6)(ii) of this section. If the primary product is determined to be 
something other than a thermoplastic product, the owner or operator 
shall retain information, data, and analysis used to document the basis 
for the determination that the primary product is not a thermoplastic 
product.
    (i) If the TPPU manufactures only one thermoplastic product, 
identification of said thermoplastic product.
    (ii) If the TPPU is designed and operated as a flexible operation 
unit, the information specified in paragraphs (f)(6)(ii)(A) through 
(f)(6)(ii)(C) of this section, as appropriate.
    (A) Identification of the primary product.
    (B) Information concerning operating time and/or production mass for 
each product that was used to make the determination of the primary 
product under paragraph (f)(2)(i) or (f)(2)(ii) of this section.
    (C) Identification of which compliance option, either paragraph 
(f)(5)(i) or (f)(5)(ii) of this section, has been selected by the owner 
or operator.
    (7) To demonstrate compliance with the rule during those periods 
when a flexible operation unit that is subject to this subpart is 
producing a product other than a thermoplastic product or is producing a 
thermoplastic product that is not the primary product, the owner or 
operator shall comply with either paragraphs (f)(7)(i) through 
(f)(7)(ii) or paragraph (f)(7)(iii) of this section.
    (i) Establish parameter monitoring levels, as specified in 
Sec. 63.1334, for those

[[Page 901]]

emission points designated as Group 1, as appropriate.
    (ii) Submit the parameter monitoring levels developed under 
paragraph (f)(7)(i) of this section and the basis for them in the 
Notification of Compliance Status report as specified in 
Sec. 63.1335(e)(5).
    (iii) Demonstrate that the parameter monitoring levels established 
for the primary product are also appropriate for those periods when 
products other than the primary product are being produced. Material 
demonstrating this finding shall be submitted in the Notification of 
Compliance Status report as specified in Sec. 63.1335(e)(5).
    (g) Storage vessel ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (g)(1) through 
(g)(8) of this section to determine to which process unit a storage 
vessel shall belong.
    (1) If a storage vessel is already subject to another subpart of 40 
CFR part 63 on September 12, 1996, said storage vessel shall belong to 
the process unit subject to the other subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall belong to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall belong to that process unit located on the same 
plant site as the storage vessel that has the greatest input into or 
output from the storage vessel (i.e., said process unit has the 
predominant use of the storage vessel).
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if one of those process units is 
a TPPU subject to this subpart, the storage vessel shall belong to said 
TPPU.
    (5) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if more than one of the process 
units are TPPUs that have different primary products and that are 
subject to this subpart, then the owner or operator shall assign the 
storage vessel to any one of the said TPPUs.
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding September 12, 1996 or based on 
the expected utilization for the 5 years following September 12, 1996 
for existing affected sources, whichever is more representative of the 
expected operations for said storage vessel, and based on the first 5 
years after initial start-up for new affected sources. The determination 
of predominant use shall be reported in the Notification of Compliance 
Status required by Sec. 63.1335(e)(5). If the predominant use changes, 
the redetermination of predominant use shall be reported in the next 
Periodic Report.
    (7) If the storage vessel begins receiving material from (or sending 
material to) another process unit; or ceasing to receive material from 
(or send material to) a process unit; or if the applicability of this 
subpart to a storage vessel has been determined according to the 
provisions of paragraphs (g)(1) through (g)(6) of this section and there 
is a significant change in the use of the storage vessel that could 
reasonably change the predominant use, the owner or operator shall 
reevaluate the applicability of this subpart to the storage vessel.
    (8) Where a storage vessel is located at a major source that 
includes one or more process units which place material into, or receive 
materials from the storage vessel, but the storage vessel is located in 
a tank farm, the applicability of this subpart shall be determined 
according to the provisions in paragraphs (g)(8)(i) through (g)(8)(iv) 
of this section.
    (i) The storage vessel may only be assigned to a process unit that 
utilizes the storage vessel and does not have an intervening storage 
vessel for that product (or raw materials, as appropriate). With respect 
to any process unit, an intervening storage vessel means a storage 
vessel connected by hard-piping to the process unit and to the storage 
vessel in the tank farm so that product or raw material entering or 
leaving the process unit flows into (or from) the intervening storage 
vessel and does not flow directly into (or from) the storage vessel in 
the tank farm.
    (ii) If there is no process unit at the major source that meets the 
criteria of paragraph (g)(8)(i) of this section with

[[Page 902]]

respect to a storage vessel, this subpart does not apply to the storage 
vessel.
    (iii) If there is only one process unit at the major source that 
meets the criteria of paragraph (g)(8)(i) of this section with respect 
to a storage vessel, the storage vessel shall be assigned to that 
process unit.
    (iv) If there are two or more process units at the major source that 
meet the criteria of paragraph (g)(8)(i) of this section with respect to 
a storage vessel, the storage vessel shall be assigned to one of those 
process units according to the provisions of paragraph (g)(7) of this 
section. The predominant use shall be determined among only those 
thermoplastic product process units that meet the criteria of paragraph 
(g)(8)(i) of this section.
    (h) Recovery operation equipment ownership determination. The owner 
or operator shall follow the procedures specified in paragraphs (h)(1) 
through (h)(7) of this section to determine to which process unit 
recovery operation equipment shall belong.
    (1) If recovery operation equipment is already subject to another 
subpart of 40 CFR part 63 on September 12, 1996, said recovery operation 
equipment shall belong to the process unit subject to the other subpart.
    (2) If recovery operation equipment is used exclusively by a single 
process unit, the recovery operation shall belong to that process unit.
    (3) If recovery operation equipment is shared among process units, 
then the recovery operation equipment shall belong to that process unit 
located on the same plant site as the recovery operation equipment that 
has the greatest input into or output from the recovery operation 
equipment (i.e., said process unit has the predominant use of the 
recovery operation equipment).
    (4) If predominant use cannot be determined for recovery operation 
equipment that is shared among process units and if one of those process 
units is a TPPU subject to this subpart, the recovery operation 
equipment shall belong to said TPPU.
    (5) If predominant use cannot be determined for recovery operation 
equipment that is shared among process units and if more than one of the 
process units are TPPUs that have different primary products and that 
are subject to this subpart, then the owner or operator shall assign the 
recovery operation equipment to any one of said TPPUs.
    (6) If the predominant use of recovery operation equipment varies 
from year to year, then predominant use shall be determined based on the 
utilization that occurred during the year preceding September 12, 1996 
or based on the expected utilization for the 5 years following September 
12, 1996 for existing affected sources, whichever is the more 
representative of the expected operations for said recovery operations 
equipment, and based on the first 5 years after initial start-up for new 
affected sources. This determination shall be reported in the 
Notification of Compliance Status required by Sec. 63.1335(e)(5). If the 
predominant use changes, the redetermination of predominant use shall be 
reported in the next Periodic Report.
    (7) If there is an unexpected change in the utilization of recovery 
operation equipment that could reasonably change the predominant use, 
the owner or operator shall redetermine to which process unit the 
recovery operation belongs by reperforming the procedures specified in 
paragraphs (h)(2) through (h)(6) of this section.
    (i) Changes or additions to plant sites. The provisions of 
paragraphs (i)(1) through (i)(4) of this section apply to owners or 
operators that change or add to their plant site or affected source. 
Paragraph (i)(5) of this section provides examples of what are and are 
not considered process changes for purposes of paragraph (i) of this 
section.
    (1) Adding a TPPU to a plant site. The provisions of paragraphs 
(i)(1)(i) through (i)(1)(ii) of this section apply to owners or 
operators that add TPPUs to a plant site.
    (i) If a TPPU is added to a plant site, said addition shall be a new 
affected source and shall be subject to the requirements for a new 
affected source in this subpart upon initial start-up or by September 
12, 1996, whichever is later, if said addition meets the criteria 
specified in paragraphs (i)(1)(i)(A) through (i)(1)(i)(B) and either 
(i)(1)(i)(C) or (i)(1)(i)(D) of this section:

[[Page 903]]

    (A) Said addition meets the definition of construction in Sec. 63.2;
    (B) Such construction commenced after March 29, 1995; and
    (C) Said 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, and 
the primary product of said addition is currently produced at the plant 
site as the primary product of an affected source; or
    (D) The primary product of said addition is not currently produced 
at the plant site as the primary product of an affected source and the 
plant site meets, or after the addition is completed will meet, the 
definition of major source.
    (ii) If a TPPU is added to a plant site, said addition shall be 
subject to the requirements for an existing affected source in this 
subpart upon initial start-up or by 3 years after September 12, 1996, 
whichever is later, if said addition does not meet the criteria 
specified in paragraph (i)(1)(i) of this section and the plant site 
meets, or after the addition is completed will meet, the definition of 
major source.
    (2) Adding emission points or making process changes to existing 
affected sources. The provisions of paragraphs (i)(2)(i) through 
(i)(2)(ii) of this section apply to owners or operators that add 
emission points or make process changes to an existing affected source.
    (i) If any process change is made or emission point is added to an 
existing affected source, or if a process change creating one or more 
additional Group 1 emission point(s) is made to an existing affected 
source, said affected source shall be a new affected source and shall be 
subject to the requirements for a new affected source in this subpart 
upon initial start-up or by September 12, 1996, whichever is later, if 
said process change or addition meets the criteria specified in 
paragraphs (i)(2)(i)(A) through (i)(2)(i)(B) of this section:
    (A) Said process change or addition meets the definition of 
reconstruction in Sec. 63.2; and
    (B) Such reconstruction commenced after March 29, 1995.
    (ii) If any process change is made or emission point is added to an 
existing affected source, or if a process change creating one or more 
additional Group 1 emission point(s) is made to an existing affected 
source and said process change or addition does not meet the criteria 
specified in paragraphs (i)(2)(i)(A) through (i)(2)(i)(B) of this 
section, the resulting emission point(s) shall be subject to the 
requirements for an existing affected source in this subpart. Said 
emission point(s) shall be in compliance upon initial start-up or by 3 
years after September 12, 1996, whichever is later, unless the owner or 
operator demonstrates to the Administrator that achieving compliance 
will take longer than making said process change or addition. If this 
demonstration is made to the Administrator's satisfaction, the owner or 
operator shall follow the procedures in paragraphs (i)(2)(iii)(A) 
through (i)(2)(iii)(C) of this section to establish a compliance date.
    (iii) To establish a compliance date for an emission point or points 
specified in paragraph (i)(2)(ii) of this section, the procedures 
specified in paragraphs (i)(2)(iii)(A) through (i)(2)(iii)(C) of this 
section shall be followed.
    (A) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (B) The compliance schedule shall be submitted within 180 days after 
the process change or addition is made or the information regarding said 
change or addition is known to the owner or operator, unless the 
compliance schedule has been previously submitted to the permitting 
authority. The compliance schedule may be submitted in the next Periodic 
Report if the process change or addition is made after the date the 
Notification of Compliance Status report is due.
    (C) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.
    (3) Existing source requirements for Group 2 emission points that 
become Group 1 emission points. If a process change or addition that 
does not meet the criteria in paragraph (i)(1) or (i)(2) of this section 
is made to an existing plant site or existing affected source,

[[Page 904]]

and the change causes a Group 2 emission point to become a Group 1 
emission point, for said emission point, the owner or operator shall 
comply with the requirements of this subpart for existing Group 1 
emission points. Compliance shall be achieved as expeditiously as 
practicable, but in no event later than 3 years after said emission 
point becomes a Group 1 emission point.
    (4) Existing source requirements for some emission points that 
become subject to the requirements of subpart H of this part. If a 
compressor becomes subject to Sec. 63.164, the owner or operator shall 
be in compliance upon initial start-up or by 3 years after September 12, 
1996, 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 (i)(2)(iii)(A) through (i)(2)(iii)(C) of this section to 
establish a compliance date.
    (5) Determining what are and are not process changes. For purposes 
of paragraph (i) of this section, examples of process changes include, 
but are not limited to, changes in production capacity, feedstock type, 
or catalyst type, or whenever there is a replacement, removal, or the 
addition of recovery equipment. For purposes of paragraph (i) 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. 63.1335(e)(5).
    (j) Applicability of this subpart except during periods of start-up, 
shutdown, and malfunction. Each provision set forth in this subpart or 
referred to in this subpart shall apply at all times except during 
periods of start-up, shutdown, and malfunction if the start-up, 
shutdown, or malfunction precludes the ability of a particular emission 
point of an affected source to comply with one or more specific 
provisions to which it is subject. Start-up, shutdown, and malfunction 
is defined in Sec. 63.1312 for all emission points except equipment 
leaks subject to subpart H of this part, which shall follow the 
provisions for periods of start-up, malfunction, and process unit 
shutdown, as defined in Sec. 63.161. Only then shall an emission point 
not be required to comply with all applicable provisions of this 
subpart.



Sec. 63.1311  Compliance schedule and relationship to existing applicable rules.

    (a) Affected sources are required to achieve compliance on or before 
the dates specified in paragraphs (b) through (d) of this section. 
Paragraph (e) of this section provides information on requesting 
compliance extensions. Paragraphs (f) through (l) of this section 
discuss the relationship of this subpart to subpart A of this part and 
to other applicable rules. Where an override of another authority of the 
Act is indicated in this subpart, only compliance with the provisions of 
this subpart is required. Paragraph (m) of this section specifies the 
meaning of time periods.
    (b) New affected sources that commence construction or 
reconstruction after March 29, 1995 shall be in compliance with this 
subpart upon initial start-up or September 12, 1996, whichever is later, 
as provided in Sec. 63.6(b), except that new affected sources whose 
primary product, as determined using the procedures specified in 
Sec. 63.1310(f), is PET shall be in compliance with Sec. 63.1331 upon 
initial start-up or September 12, 1999, whichever is later.
    (c) Existing affected sources shall be in compliance with this 
subpart (except for Sec. 63.1331 for which compliance is covered by 
paragraph (d) of this section) no later than 3 years after September 12, 
1996, as provided in Sec. 63.6(c), unless an extension has been granted 
as specified in paragraph (e) of this section.
    (d) Except as provided for in paragraphs (d)(1) through (d)(6) of 
this section, existing affected sources shall be in compliance with 
Sec. 63.1331 no later than July 31, 1997 unless a request for a 
compliance extension is granted pursuant to Section 112(i)(3)(B) of the 
Act, as discussed in Sec. 63.182(a)(6).
    (1) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than September 12, 1997 for any

[[Page 905]]

compressor meeting one or more of the criteria in paragraphs (d)(1)(i) 
through (d)(1)(iii) 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; or
    (iii) A new barrier fluid will be utilized which requires changes to 
the existing barrier fluid system.
    (2) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than March 12, 1998, for any compressor meeting all the 
criteria in paragraphs (d)(2)(i) through (d)(2)(ii) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (d)(1)(i)(A) through (d)(1)(i)(B) of this section:
    (A) The work can be accomplished without a process unit shutdown as 
defined in Sec. 63.161; or
    (B) The additional time is actually necessary due to the 
unavailability of parts beyond the control of the owner or operator.
    (ii) The owner or operator submits the request for a compliance 
extension to the U.S. Environmental Protection Agency (EPA) Regional 
Office at the addresses listed in Sec. 63.13 no later than June 16, 
1997. The request for a compliance extension shall contain the 
information specified in Sec. 63.6(i)(6)(i) (A), (B), and (D). Unless 
the EPA Regional Office objects to the request for a compliance 
extension within 30 calendar days after receipt of the request, the 
request shall be deemed approved.
    (3) If compliance with the compressor provisions of Sec. 63.164 
cannot reasonably be achieved without a process unit shutdown, as 
defined in Sec. 63.161, the owner or operator shall achieve compliance 
no later than September 14, 1998. The owner or operator who elects to 
use this provision shall submit a request for a compliance extension in 
accordance with the requirements of paragraph (d)(2)(ii) of this 
section.
    (4) If compliance with the compressor provisions of Sec. 63.164 
cannot be achieved without replacing the compressor or recasting the 
distance piece, the owner or operator shall achieve compliance no later 
than September 13, 1999. The owner or operator who elects to use this 
provision shall submit a request for a compliance extension in 
accordance with the requirements of paragraph (d)(2)(ii) of this 
section.
    (5) Compliance with the provisions of Sec. 63.170 shall occur no 
later than September 13, 1999.
    (6) Notwithstanding paragraphs (d)(1) through (d)(4) of this 
section, existing affected sources whose primary product, as determined 
using the procedures specified in Sec. 63.1310(f), is PET shall be in 
compliance with Sec. 63.1331 no later than September 12, 1999.
    (e) 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. 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 
or to the Administrator as a separate submittal or as part of the 
Precompliance Report. Requests for extensions shall be submitted no 
later than the date the Precompliance Report is required to be submitted 
in Sec. 63.1335(e)(3)(i). The dates specified in Sec. 63.6(i) for 
submittal of requests for extensions shall not apply to this subpart.
    (1) A request for an extension of compliance shall include the data 
described in Sec. 63.6(i)(6)(i) (A),(B), and (D).
    (2) The requirements in Sec. 63.6(i)(8) through Sec. 63.6(i)(14) 
shall govern the review and approval of requests for extensions of 
compliance with this subpart.
    (f) Table 1 of this subpart specifies the provisions of subpart A of 
this part that apply and those that do not apply to owners and operators 
of affected sources subject to this subpart.
    (g)(1) After the compliance dates specified in this section, an 
affected source subject to this subpart that is also subject to the 
provisions of subpart I of this part, is required to comply only with 
the provisions of this subpart. After the compliance dates specified in 
this section, said affected source shall no longer be subject to subpart 
I of this part.
    (2) Said affected sources that elected to comply with subpart I of 
this part through a quality improvement program, as specified in 
Sec. 63.175 or Sec. 63.176

[[Page 906]]

or both, may elect to continue these programs without interruption as a 
means of complying with this subpart. In other words, becoming subject 
to this subpart does not restart or reset the ``compliance clock'' as it 
relates to reduced burden earned through a quality improvement program.
    (h) After the compliance dates specified in this section, a storage 
vessel that belongs to an affected source subject to this subpart 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. After the 
compliance dates specified in this section, said storage vessel shall no 
longer be subject to 40 CFR part 60, subpart Kb.
    (i)(1) Except as provided in paragraph (i)(2) of this section, after 
the compliance dates specified in this section, affected sources 
producing PET using a continuous terephthalic acid process, producing 
PET using a continuous dimethyl terephthalate process, or producing 
polystyrene resin using a continuous process subject to this subpart 
that are also subject to the provisions of 40 CFR part 60, subpart DDD, 
are required to comply only with the provisions of this subpart. After 
the compliance dates specified in this section, said sources shall no 
longer be subject to 40 CFR part 60, subpart DDD.
    (2) Existing affected sources producing PET using a continuous 
terephthalic acid high viscosity multiple end finisher process shall 
continue to be subject to 40 CFR 60.562-1(c)(2)(ii)(C). Once said 
affected source becomes subject to and achieves compliance with 
Sec. 63.1329(c) of this subpart, said affected source is no longer 
subject to the provisions of 40 CFR part 60, subpart DDD.
    (j) Affected sources subject to this subpart that are also subject 
to the provisions of subpart Q of this part shall comply with both 
subparts.
    (k) After the compliance dates specified in this section, an 
affected source subject to this subpart that is also subject to the 
provisions of 40 CFR part 60, subpart VV, is required to comply only 
with the provisions of this subpart. After the compliance dates 
specified in this section, said source shall no longer be subject to 40 
CFR part 60, subpart VV.
    (l) After the compliance dates specified in this section, a 
distillation operation that belongs to an affected source subject to 
this subpart 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. After the compliance dates specified in this section, said 
distillation operation shall no longer be subject to 40 CFR part 60, 
subpart NNN.
    (m) All terms in this subpart that define a period of time for 
completion of required tasks (e.g., weekly, monthly, quarterly, annual), 
unless specified otherwise in the section or subsection that imposes the 
requirement, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified in this subpart for 
completion of required tasks, such time periods may be changed by mutual 
agreement between the owner or operator and the Administrator, as 
specified in subpart A of this part (e.g., a period could begin on the 
compliance date or another date, rather than on the first day of the 
standard calendar period). For each time period that is changed by 
agreement, the revised period shall remain in effect until it is 
changed. A new request is not necessary for each recurring period.
    (2) Where the period specified for compliance is a standard calendar 
period, if the initial compliance date occurs after the beginning of the 
period, compliance shall be required according to the schedule specified 
in paragraphs (m)(i) or (m)(ii) of this section, as appropriate.
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at least 
2 weeks for tasks that must be performed monthly, at least 1 month for 
tasks that must be performed each quarter, or at least 3 months for 
tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the end 
of the first full standard calendar period after the period within which 
the initial compliance deadline occurs.
    (3) In all instances where a provision of this subpart requires 
completion of a

[[Page 907]]

task during each multiple successive period, an owner or operator may 
perform the required task at any time during the specified period, 
provided that the task is conducted at a reasonable interval after 
completion of the task during the previous period.

[61 FR 48229, Sept. 12, 1996, as amended at 62 FR 1838, Jan. 14, 1997; 
62 FR 30995, June 6, 1997]

    Effective Date Note: At 62 FR 30995, June 6, 1997, Sec. 63.1311 was 
amended by revising paragraphs (b) and (d) introductory text and by 
adding paragraph (d)(6), effective July 27, 1997. For the convenience of 
the user, the superseded text is set forth as follows:
Sec. 63.1311  Compliance schedule and relationship to existing 
applicable rules.

                                * * * * *

    (b) New affected sources that commence construction or 
reconstruction after March 29, 1995 shall be in compliance with this 
subpart upon initial start-up or September 12, 1996, whichever is later, 
as provided in Sec. 63.6(b).

                                * * * * *

    (d) Except as provided for in paragraphs (d)(1) through (d)(5) of 
this section, existing affected sources shall be in compliance with 
Sec. 63.1331 no later than July 31, 1997, unless an extension has been 
granted pursuant to section 112(i)(3)(B) of the Act, as discussed in 
Sec. 63.182(a)(6).

                                * * * * *



Sec. 63.1312  Definitions.

    (a) The following terms used in this subpart shall have the meaning 
given them in Sec. 63.2, Sec. 63.101, Sec. 63.111, and Sec. 63.161 as 
specified after each term:
Act (Sec. 63.2)
Administrator (Sec. 63.2)
Automated monitoring and recording system (Sec. 63.111)
Average concentration (Sec. 63.111)
Boiler (Sec. 63.111)
Bottoms receiver (Sec. 63.161)
By compound (Sec. 63.111)
By-product (Sec. 63.101)
Car-seal (Sec. 63.111)
Chemical manufacturing process unit (Sec. 63.101)
Closed-vent system (Sec. 63.111)
Co-product (Sec. 63.101)
Combustion device (Sec. 63.111)
Commenced (Sec. 63.2)
Compliance date (Sec. 63.2)
Compliance schedule (Sec. 63.2)
Connector (Sec. 63.161)
Construction (Sec. 63.2)
Continuous monitoring system (Sec. 63.2)
Continuous record (Sec. 63.111)
Continuous recorder (Sec. 63.111)
Cover (Sec. 63.111)
Distillation unit (Sec. 63.111)
Emission standard (Sec. 63.2)
Emissions averaging (Sec. 63.2)
EPA (Sec. 63.2)
Equipment (Sec. 63.161)
Equipment leak (Sec. 63.101)
Existing source (Sec. 63.2)
External floating roof (Sec. 63.111)
Fill (Sec. 63.111)
Fixed roof (Sec. 63.111)
Flame zone (Sec. 63.111)
Flexible operation unit (Sec. 63.101)
Floating roof (Sec. 63.111)
Flow indicator (Sec. 63.111)
Group 1 wastewater streams (Sec. 63.111)
Group 2 wastewater streams (Sec. 63.111)
Halogens and hydrogen halides (Sec. 63.111)
Hazardous air pollutant (Sec. 63.2)
Impurity (Sec. 63.101)
In organic hazardous air pollutant service (Sec. 63.161)
Incinerator (Sec. 63.111)
Instrumentation system (Sec. 63.161)
Internal floating roof (Sec. 63.111)
Lesser quantity (Sec. 63.2)
Major source (Sec. 63.2)
Malfunction (Sec. 63.2)
Mass flow rate (Sec. 63.111)
Maximum true vapor pressure (Sec. 63.111)
New source (Sec. 63.2)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
Organic HAP service (Sec. 63.161)
Organic monitoring device (Sec. 63.111)
Owner or operator (Sec. 63.2)
Performance evaluation (Sec. 63.2)
Performance test (Sec. 63.2)
Permitting authority (Sec. 63.2)
Plant site (Sec. 63.101)
Point of generation (Sec. 63.111)
Potential to emit (Sec. 63.2)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Process unit shutdown (Sec. 63.161)
Process wastewater (Sec. 63.101)
Process wastewater stream (Sec. 63.111)
Product separator (Sec. 63.111)
Reactor (Sec. 63.111)
Reconstruction (Sec. 63.2)
Recovery device (Sec. 63.111)
Reference control technology for process vents (Sec. 63.111)

[[Page 908]]

Reference control technology for storage vessels (Sec. 63.111)
Reference control technology for wastewater (Sec. 63.111)
Relief valve (Sec. 63.111)
Research and development facility (Sec. 63.101)
Residual (Sec. 63.111)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Shutdown (Sec. 63.2)
Specific gravity monitoring device (Sec. 63.111)
Start-up (Sec. 63.2)
Start-up, shutdown, and malfunction plan (Sec. 63.101)
State (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Total resource effectiveness index value (Sec. 63.111)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)
Waste management unit (Sec. 63.111)
Wastewater (Sec. 63.101)
Wastewater stream (Sec. 63.111)

    (b) All other terms used in this subpart shall have the meaning 
given them in this section. If a term is defined in Secs. 63.2, 63.101, 
63.111, or 63.161 and in this section, it shall have the meaning given 
in this section for purposes of this subpart.
    Acrylonitrile butadiene styrene latex resin (ABS latex) means ABS 
produced through an emulsion process, however the product is not 
coagulated or dried as typically occurs in an emulsion process.
    Acrylonitrile butadiene styrene resin (ABS) means styrenic 
terpolymers consisting primarily of acrylonitrile, 1,3-butadiene, and 
styrene monomer units. ABS is usually composed of a styrene-
acrylonitrile copolymer continuous phase with dispersed butadiene 
derived rubber.
    Acrylonitrile styrene acrylate resin (ASA) means a resin formed 
using acrylic ester-based elastomers to impact-modify styrene 
acrylonitrile resin matrices.
    Aggregate batch vent stream means a gaseous emission stream 
containing only the exhausts from two or more batch process vents that 
are ducted together before being routed to a control device that is in 
continuous operation.
    Affected source is defined in Sec. 63.1310(a).
    Alpha methyl styrene acrylonitrile resin (AMSAN) means copolymers 
consisting primarily of alpha methyl styrene and acrylonitrile.
    Average flow rate, as used in conjunction with wastewater 
provisions, is determined by the specifications in Sec. 63.144(c); or, 
as used in conjunction with batch process vent provisions, is determined 
by the specifications in Sec. 63.1323(e).
    Batch cycle means the operational step or steps, from start to 
finish, that occur as part of a batch unit operation. Batch cycle 
limitation means an enforceable restriction on the number of batch 
cycles that can be performed in a year for an individual batch process 
vent.
    Batch emission episode means a discrete emission venting episode 
associated with a single batch unit operation. Multiple batch emission 
episodes may occur from a single batch unit operation.
    Batch process means a discontinuous process involving the bulk 
movement of material through sequential manufacturing steps. Mass, 
temperature, concentration, and other properties of the process vary 
with time. Addition of raw material and withdrawal of product do not 
typically occur simultaneously in a batch process. For the purposes of 
this subpart, a process producing polymers is characterized as 
continuous or batch based on the operation of the polymerization 
reactors.
    Batch process vent means a point of emission from a batch unit 
operation having a gaseous emission stream with annual organic HAP 
emissions greater than 225 kilograms per year. Batch process vents 
exclude relief valve discharges and leaks from equipment regulated under 
Sec. 63.1331.
    Batch unit operation means a unit operation operated in a batch 
process mode.
    Compounding unit means a unit operation which blends, melts, and 
resolidifies solid polymers for the purpose of incorporating additives, 
colorants, or stabilizers into the final thermoplastic

[[Page 909]]

product. A unit operation whose primary purpose is to remove residual 
monomers from polymers is not a compounding unit.
    Continuous process means a process where the inputs and outputs flow 
continuously through sequential manufacturing steps throughout the 
duration of the process. Continuous processes typically approach steady-
state conditions. Continuous processes typically involve the 
simultaneous addition of raw material and withdrawal of product. For the 
purposes of this subpart, a process producing polymers is characterized 
as continuous or batch based on the operation of the polymerization 
reactors.
    Continuous process vent means a point of emission from a continuous 
unit operation within an affected source having a gaseous emission 
stream containing greater than 0.005 weight percent total organic HAP. 
Continuous process vents exclude relief valve discharges and leaks from 
equipment regulated under Sec. 63.1331.
    Continuous unit operation means a unit operation operated in a 
continuous process mode.
    Control device is defined in Sec. 63.111, except that the term 
``process vents'' shall be replaced with the term ``continuous process 
vents subject to Sec. 63.1315'' for the purpose of this subpart.
    Drawing unit means a unit operation which converts polymer into a 
different shape by melting or mixing the polymer and then pulling it 
through an orifice to create a continuously extruded product.
    Emission point means an individual continuous process vent, batch 
process vent, storage vessel, wastewater stream, equipment leak, heat 
exchange system, or process contact cooling tower.
    Emulsion process means a process carried out with the reactants in 
an emulsified form (e.g., polymerization reaction).
    Expandable polystyrene resin (EPS) means a polystyrene bead to which 
a blowing agent has been added using either an in-situ suspension 
process or a post-impregnation suspension process.
    Extruding unit means a unit operation which converts polymer into a 
different shape by melting or mixing the polymer and then forcing it 
through an orifice to create a continuously extruded product.
    Group 1 batch process vent means a batch process vent releasing 
annual organic HAP emissions greater than the level specified in 
Sec. 63.1323(d) and with a cutoff flow rate, calculated in accordance 
with Sec. 63.1323(f), greater than or equal to the annual average flow 
rate.
    Group 2 batch process vent means a batch process vent that does not 
fall within the definition of a Group 1 batch process vent.
    Group 1 continuous process vent means a continuous process vent 
releasing a gaseous emission stream that has a total resource 
effectiveness index value, calculated according to Sec. 63.115, less 
than or equal to 1.0 unless the continuous process vent is associated 
with existing thermoplastic product process units that produce methyl 
methacrylate butadiene styrene resin, then said vent falls within the 
Group 1 definition if the released emission stream has a total resource 
effectiveness index value less than or equal to 3.7.
    Group 2 continuous process vent means a continuous process vent that 
does not fall within the definition of a Group 1 continuous process 
vent.
    Group 1 storage vessel means a storage vessel at an existing 
affected source that meets the applicability criteria specified in Table 
2 or Table 3 of this subpart, or a storage vessel at a new affected 
source that meets the applicability criteria specified in Table 4 or 
Table 5 of this subpart.
    Group 2 storage vessel means a storage vessel that does not fall 
within the definition of a Group 1 storage vessel.
    Halogenated aggregate batch vent stream means an aggregate batch 
vent stream determined to have a total mass emission rate of halogen 
atoms contained in organic compounds of 3,750 kilograms per year or 
greater determined by the procedures specified in Sec. 63.1323(h).
    Halogenated batch process vent means a batch process vent determined 
to have a mass emission rate of halogen atoms contained in organic 
compounds of 3,750 kilograms per year or greater determined by the 
procedures specified in Sec. 63.1323(h).

[[Page 910]]

    Halogenated continuous process vent means a continuous process vent 
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 specified in Sec. 63.115(d)(2)(v).
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water) designed and operated 
to not allow contact between the cooling medium and process fluid or 
gases (i.e., a noncontact system). A heat exchange system can include 
more than one heat exchanger and can include recirculating or once-
through cooling systems.
    Maintenance wastewater means wastewater generated by the draining of 
process fluid from components in the TPPU 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 wastewater include descaling of heat exchanger 
tubing bundles, cleaning distillation column traps, draining of low legs 
and high point bleeds, draining of pumps into an individual drain 
system, reactor and equipment washdown, and draining of portions of the 
TPPU for repair.
    Mass process means a process carried out through the use of thermal 
energy (e.g., polymerization reaction). Mass processes do not utilize 
emulsifying or suspending agents, but can utilize catalysts or other 
additives.
    Material recovery section means the equipment that recovers 
unreacted or by-product materials from any process section for return to 
the TPPU, off-site purification or treatment, or sale. Equipment used to 
store recovered materials are not included. Equipment designed to 
separate unreacted or by-product material from the polymer product are 
to be included in this process section, provided that at the time of 
initial compliance some of the material is recovered for reuse in the 
process, off-site purification or treatment, or sale. Otherwise, such 
equipment are to be assigned to one of the other process sections, as 
appropriate. If equipment are used to recover unreacted or by-product 
material and return it directly to the same piece of process equipment 
from which it was emitted, then said recovery equipment are considered 
part of the process section that contains the process equipment. On the 
other hand, if equipment are used to recover unreacted or by-product 
material and return it to a different piece of process equipment in the 
same process section, said recovery equipment are considered part of a 
material recovery section. Equipment that treats recovered materials are 
to be included in this process section, but equipment that also treats 
raw materials are not to be included in this process section. The latter 
equipment are to be included in the raw materials preparation section. 
Equipment used for the on-site recovery of ethylene glycol from PET 
plants, however, are not included in the material recovery section; they 
are to be included in the polymerization reaction section. Equipment 
used for the on-site recovery of ethylene glycol and other materials 
(e.g., methanol) from PET plants are not included in the material 
recovery section; these equipment are to be included in the 
polymerization reaction section.
    Methyl methacrylate acrylonitrile butadiene styrene resin (MABS) 
means styrenic polymers containing methyl methacrylate, acrylonitrile, 
butadiene, and styrene. MABS is 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 resin (MBS) means styrenic 
polymers containing methyl methacrylate, butadiene, and styrene. 
Production of MBS is achieved using an emulsion process in which methyl 
methacrylate and styrene are grafted onto a styrene-butadiene rubber.
    Nitrile resin means a resin produced through the polymerization of 
acrylonitrile, methyl acrylate, and butadiene latex using an emulsion 
process.
    Organic hazardous air pollutant(s) (organic HAP) means one or more 
of the chemicals listed in Table 6 of this subpart or any other chemical 
which is:

[[Page 911]]

    (1) Knowingly introduced into the manufacturing process other than 
as an impurity, or has been or will be reported under any Federal or 
State program, such as Title V or the Emergency Planning and Community 
Right-To-Know Act section 311, 312, or 313; and
    (2) Listed in Table 2 of subpart F of this part.
    PET using a dimethyl terephthalate process means the manufacturing 
of PET based on the esterification of dimethyl terephthalate with 
ethylene glycol to form the intermediate monomer bis-(2-hydroxyethyl)-
terephthalate that is subsequently polymerized to form PET.
    PET using a terephthalic acid process means the manufacturing of PET 
based on the esterification reaction of terephthalic acid with ethylene 
glycol to form the intermediate monomer bis-(2-hydroxyethyl)-
terephthalate that is subsequently polymerized to form PET.
    Poly(ethylene terephthalate) resin (PET) means a polymer or 
copolymer comprised of at least 50 percent bis-(2-hydroxyethyl)-
terephthalate by weight.
    Polymerization reaction section means the equipment designed to 
cause monomer(s) to react to form polymers, including equipment designed 
primarily to cause the formation of short polymer chains (e.g., 
oligomers or low polymers), but not including equipment designed to 
prepare raw materials for polymerization (e.g., esterification vessels). 
For the purposes of these standards, the polymerization reaction section 
begins with the equipment used to transfer the materials from the raw 
materials preparation section and ends with the last vessel in which 
polymerization occurs. Equipment used for the on-site recovery of 
ethylene glycol from PET plants, however, are included in this process 
section, rather than in the material recovery process section.
    Polystyrene resin means a thermoplastic polymer or copolymer 
comprised of at least 80 percent styrene or para-methylstyrene by 
weight.
    Primary product is defined in and determined by the procedures 
specified in Sec. 63.1310(f).
    Process contact cooling tower system means a cooling tower system 
that is designed and operated to allow contact between the cooling 
medium and process fluid or gases.
    Process section means the equipment designed to accomplish a general 
but well-defined task in polymers production. Process sections include, 
but are not limited to, raw materials preparation, polymerization 
reaction, and material recovery. A process section may be dedicated to a 
single TPPU or common to more than one TPPU.
    Process unit means a collection of equipment assembled and connected 
by pipes or ducts to process raw materials and to manufacture a product.
    Process vent means a point of emission from a unit operation having 
a gaseous emission stream. Typical process vents include condenser 
vents, dryer vents, vacuum pumps, steam ejectors, and atmospheric vents 
from reactors and other process vessels, but do not include pressure 
relief valves.
    Product means a compound or material which is manufactured by a 
process unit. By-products, isolated intermediates, impurities, wastes, 
and trace contaminants are not considered products.
    Raw materials preparation section means the equipment at a polymer 
manufacturing plant designed to prepare raw materials, such as monomers 
and solvents, for polymerization. For the purposes of these standards, 
this process section begins with the equipment used to transfer raw 
materials from storage and/or the equipment used to transfer recovered 
material from the material recovery process sections, and ends with the 
last piece of equipment that prepares the material for polymerization. 
The raw materials preparation section may include equipment that is used 
to purify, dry, or otherwise treat raw materials or raw and recovered 
materials together; to activate catalysts; and to promote esterification 
including the formation of some short polymer chains (oligomers). The 
raw materials preparation section does not include equipment that is 
designed primarily to accomplish the formation of oligomers, the 
treatment of recovered materials alone, or the storage of raw materials.
    Recovery operations equipment means the equipment used to separate 
the

[[Page 912]]

components of process streams. Recovery operations equipment includes 
distillation unit, condensers, etc. Equipment used for wastewater 
treatment shall not be considered recovery operations equipment.
    Solid state polymerization unit means a unit operation which, 
through the application of heat, furthers the polymerization (i.e., 
increases the intrinsic viscosity) of polymer chips.
    Steady-state conditions means that all variables (temperatures, 
pressures, volumes, flow rates, etc.) in a process do not vary 
significantly with time; minor fluctuations about constant mean values 
can occur.
    Storage vessel means a tank or other vessel that is used to store 
liquids that contain one or more organic HAP and that has been assigned, 
according to the procedures in Sec. 63.1310(g), to a TPPU that is 
subject to this subpart. Storage vessels do 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 breathing or working losses to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels and equipment storing and/or handling material that 
contains no organic HAP and/or organic HAP as impurities only; and
    (5) Wastewater storage tanks.
    Styrene acrylonitrile resin (SAN) means copolymers consisting 
primarily of styrene and acrylonitrile monomer units.
    Suspension process means a process carried out with the reactants in 
a state of suspension, typically achieved through the use of water and/
or suspending agents (e.g., polymerization reaction).
    Thermoplastic product means one of the following types of products:
    (1) ABS latex;
    (2) ABS using a batch emulsion process;
    (3) ABS using a batch suspension process;
    (4) ABS using a continuous emulsion process;
    (5) ABS using a continuous mass process;
    (6) ASA/AMSAN;
    (7) EPS;
    (8) MABS;
    (9) MBS;
    (10) nitrile resin;
    (11) PET using a batch dimethyl terephthalate process;
    (12) PET using a batch terephthalic acid process;
    (13) PET using a continuous dimethyl terephthalate process;
    (14) PET using a continuous terephthalic acid process;
    (15) PET using a continuous terephthalic acid high viscosity 
multiple end finisher process;
    (16) Polystyrene resin using a batch process;
    (17) Polystyrene resin using a continuous process;
    (18) SAN using a batch process; or
    (19) SAN using a continuous process.
    Thermoplastic product process unit (TPPU) means a collection of 
equipment assembled and connected by process pipes or ducts, excluding 
gas, sanitary sewage, water (i.e., not wastewater), and steam 
connections, used to process raw materials and to manufacture a 
thermoplastic product as its primary product. This collection of 
equipment includes process vents from process vessels; storage vessels, 
as determined in Sec. 63.1310(g); and the equipment (i.e., pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves, connectors, and 
instrumentation systems that are associated with the thermoplastic 
product process unit) that are subject to the equipment leak provisions 
as specified in Sec. 63.1331.
    Total organic compounds (TOC) means those compounds excluding 
methane and ethane measured according to the procedures of Method 18 or 
Method 25A, 40 CFR part 60, appendix A.
    Year means any consecutive 12-month period or 365 rolling days. For 
the purposes of emissions averaging, the term year applies to any 12-
month period selected by the facility and defined in its Emissions 
Averaging Plan. For the purposes of batch cycle limitations, the term 
year applies to the 12-month period defined by the facility in its 
Notification of Compliance Status.

[[Page 913]]



Sec. 63.1313  Emission standards.

    (a) Except as allowed under paragraphs (b) and (c) of this section, 
the owner or operator of an existing or new affected source shall comply 
with the provisions in:
    (1) Section 63.1314 for storage vessels;
    (2) Sections 63.1315 or 63.1316 through 63.1320, as appropriate, for 
continuous process vents;
    (3) Section 63.1321 for batch process vents;
    (4) Section 63.1328 for heat exchange systems;
    (5) Section 63.1329 for process contact cooling towers;
    (6) Section 63.1330 for wastewater;
    (7) Section 63.1331 for equipment leaks;
    (8) Section 63.1333 for additional test methods and procedures;
    (9) Section 63.1334 for parameter monitoring levels and excursions; 
and
    (10) Section 63.1335 for general recordkeeping and reporting 
requirements.
    (b) Instead of complying with Secs. 63.1314, 63.1315, 63.1316 
through 63.1320, 63.1321, and 63.1330, the owner or operator of an 
existing affected source may elect to control any or all of the storage 
vessels, batch process vents, continuous process vents, and wastewater 
streams within the affected source to different levels using an 
emissions averaging compliance approach that uses the procedures 
specified in Sec. 63.1332. An owner or operator electing to use 
emissions averaging must still comply with the provisions of 
Secs. 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and 63.1330 
for affected source emission points not included in the emissions 
average.
    (c) A State may decide not to allow the use of the emissions 
averaging compliance approach specified in paragraph (b) of this 
section.



Sec. 63.1314  Storage vessel provisions.

    (a) This section applies to each storage vessel that belongs to an 
affected source, as determined by Sec. 63.1310(g). Except as provided in 
paragraphs (b) through (d) of this section, the owner or operator of 
said storage vessels shall comply with the requirements of Secs. 63.119 
through 63.123 and 63.148, with the differences noted in paragraphs 
(a)(1) through (a)(16) of this section for the purposes of this subpart.
    (1) When the term ``storage vessel'' is used in Secs. 63.119 through 
63.123 and 63.148, the definition of this term in Sec. 63.1312 shall 
apply for the purposes of this subpart.
    (2) When the term ``Group 1 storage vessel'' is used in Secs. 63.119 
through 63.123 and 63.148, the definition of this term in Sec. 63.1312 
shall apply for the purposes of this subpart.
    (3) When the term ``Group 2 storage vessel'' is used in Secs. 63.119 
through 63.123 and 63.148, the definition of this term in Sec. 63.1312 
shall apply for the purposes of this subpart.
    (4) When the emissions averaging provisions of Sec. 63.150 are 
referred to in Secs. 63.119 and 63.123, the emissions averaging 
provisions contained in Sec. 63.1332 shall apply for the purposes of 
this subpart.
    (5) When December 31, 1992, is referred to in Sec. 63.119, March 29, 
1995 shall apply instead, for the purposes of this subpart.
    (6) When April 22, 1994, is referred to in Sec. 63.119, September 
12, 1996 shall apply instead, for the purposes of this subpart.
    (7) Each owner or operator shall comply with this paragraph (a)(7) 
instead of Sec. 63.120(d)(1)(ii) for the purposes of this subpart. If 
the control device used to comply with this section is also used to 
comply with Secs. 63.1315 through 63.1330, the performance test required 
for these sections is acceptable for demonstrating compliance with 
Sec. 63.119(e) for the purposes of this subpart. The owner or operator 
is not required to prepare a design evaluation for the control device as 
described in Sec. 63.120(d)(1)(i) for the purposes of this subpart if 
the performance test meets the criteria specified in Sec. 63.120 
(d)(1)(ii)(A) and (d)(1)(ii)(B).
    (8) When the term ``operating range'' is used in Sec. 63.120(d)(3), 
the term ``level'' shall apply instead, for the purposes of this 
subpart. This level shall be established using the procedures specified 
in Sec. 63.1334.
    (9) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.120, 63.122, and 
63.123, the Notification of

[[Page 914]]

Compliance Status requirements contained in Sec. 63.1335(e)(5) shall 
apply for the purposes of this subpart.
    (10) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Secs. 63.120, 63.122, and 63.123, the 
Periodic Report requirements contained in Sec. 63.1335(e)(6) shall apply 
for the purposes of this subpart.
    (11) When other reports as required in Sec. 63.152(d) are referred 
to in Sec. 63.122, the reporting requirements contained in 
Sec. 63.1335(e)(7) shall apply for the purposes of this subpart.
    (12) When the Implementation Plan requirements contained in 
Sec. 63.151(c) are referred to in Sec. 63.120 and Sec. 63.122, the owner 
or operator of an affected source subject to this subpart need not 
comply for the purposes of this subpart.
    (13) When the Initial Notification Plan requirements contained in 
Sec. 63.151(b) are referred to in Sec. 63.122, the owner or operator of 
an affected source subject to this subpart need not comply for the 
purposes of this subpart.
    (14) When the determination of equivalence criteria in 
Sec. 63.102(b) is referred to in Sec. 63.121(a), the provisions in 
Sec. 63.6(g) shall apply for the purposes of this subpart.
    (15) When a performance test is required under the provisions of 
Sec. 63.120(d)(1)(ii), the use of Method 18 or Method 25A, 40 CFR part 
60, appendix A is allowed for the purposes of this subpart. The use of 
Method 25A, 40 CFR part 60, appendix A shall comply with paragraphs 
(a)(15)(i) and (a)(15)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (ii) The use of Method 25A, 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.
    (16) The compliance date for storage vessels at affected sources 
subject to the provisions of this section is specified in Sec. 63.1311.
    (b) Owners or operators of Group 1 storage vessels that belong to a 
new affected source producing SAN using a continuous process shall 
control emissions to the levels indicated in paragraphs (b)(1) and 
(b)(2) of this section.
    (1) For storage vessels with capacities greater than or equal to 
2,271 cubic meters (m\3\) containing a liquid mixture having a vapor 
pressure greater than or equal to 0.5 kilopascal (kPa) but less than 0.7 
kPa, emissions shall be controlled by at least 90 percent relative to 
uncontrolled emissions.
    (2) For storage vessels with capacities less than 151 m3 
containing a liquid mixture having a vapor pressure greater than or 
equal to 10 kPa, emissions shall be controlled by at least 98 percent 
relative to uncontrolled emissions.
    (c) Owners or operators of Group 1 storage vessels that belong to a 
new or existing affected source producing ASA/AMSAN shall control 
emissions by at least 98 percent relative to uncontrolled emissions.
    (d) The provisions of this subpart do not apply to storage vessels 
containing ethylene glycol at existing or new affected sources and 
storage vessels containing styrene at existing affected sources.



Sec. 63.1315  Continuous process vents provisions.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, the owner or operator of continuous process vents shall comply 
with the requirements of Secs. 63.113 through 63.118, with the 
differences noted in paragraphs (a)(1) through (a)(15) of this section 
for the purposes of this subpart.
    (1) When the term ``process vent'' is used in Secs. 63.113 through 
63.118, apply the term ``continuous process vent,'' and the definition 
of this term in Sec. 63.1312 shall apply for the purposes of this 
subpart.
    (2) When the term ``Group 1 process vent'' is used in Secs. 63.113 
through 63.118, apply the term ``Group 1 continuous process vent,'' and 
the definition of this term in Sec. 63.1312 shall apply for the purposes 
of this subpart.
    (3) When the term ``Group 2 process vent'' is used in Secs. 63.113 
through 63.118, apply the term ``Group 2 continuous

[[Page 915]]

process vent,'' and the definition of this term in Sec. 63.1312 shall 
apply for the purposes of this subpart.
    (4) When December 31, 1992, (i.e., subpart G of this part proposal 
date) is referred to in Sec. 63.113, apply the date March 29, 1995 
(i.e., proposal date for this subpart) for the purposes of this subpart.
    (5) When Sec. 63.151(f), alternative monitoring parameters, and 
Sec. 63.152(e), submission of an operating permit, are referred to in 
Secs. 63.114(c) and 63.117(e), Sec. 63.1335(f), alternative monitoring 
parameters, and Sec. 63.1335(e)(8), submission of an operating permit, 
respectively, shall apply for the purposes of this subpart.
    (6) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.114, 63.117, and 
63.118, the Notification of Compliance Status requirements contained in 
Sec. 63.1335(e)(5) shall apply for the purposes of this subpart.
    (7) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Secs. 63.117 and 63.118, the Periodic 
Report requirements contained in Sec. 63.1335(e)(6) shall apply for the 
purposes of this subpart.
    (8) When the definition of excursion in Sec. 63.152(c)(2)(ii)(A) is 
referred to in Sec. 63.118(f)(2), the definition of excursion in 
Sec. 63.1334(f) of this subpart shall apply for the purposes of this 
subpart.
    (9) Owners and operators shall comply with Sec. 63.1334, parameter 
monitoring levels and excursions, instead of Sec. 63.114(e) for the 
purposes of this subpart. When the term ``range'' is used in 
Secs. 63.117 and 63.118, the term ``level'' shall be used instead for 
the purposes of this subpart. This level is determined in accordance 
with Sec. 63.1334.
    (10) If a batch process vent is combined with a continuous process 
vent prior to being routed to a control device, the combined vent stream 
shall comply with either paragraph (a)(10)(i) or (a)(10)(ii) of this 
section, as appropriate.
    (i) If the continuous process vent is a Group 1 continuous process 
vent, the combined vent stream shall comply with all requirements for a 
Group 1 continuous process vent stream in Secs. 63.113 through 63.118, 
with the differences noted in paragraphs (a)(1) through (a)(9) of this 
section, for the purposes of this subpart.
    (ii) If the continuous process vent is a Group 2 continuous process 
vent, the total resource effectiveness (TRE) index value for the 
combined vent stream shall be calculated at the exit of any recovery 
device and prior to the control device at maximum representative 
operating conditions. For combined vent streams containing continuous 
and batch process vents, the maximum representative operating conditions 
shall be during periods when batch emission episodes are venting to the 
control device, resulting in the highest concentration of organic HAP in 
the combined vent stream.
    (11) If a batch process vent is combined with a continuous process 
vent prior to being routed to a recovery device, the TRE index value for 
the combined vent stream shall be calculated at the exit of the recovery 
device at maximum representative operating conditions for the purposes 
of this subpart. For combined vent streams containing continuous and 
batch process vents, the maximum representative operating conditions 
shall be during periods when batch emission episodes are venting to the 
recovery device, resulting in the highest concentration of organic HAP 
in the combined vent stream.
    (12) When reports of process changes are required under Sec. 63.118 
(g), (h), (i), and (j), paragraphs (a)(12)(i) through (a)(12)(iv) of 
this section shall apply for the purposes of this subpart.
    (i) For the purposes of this subpart, whenever a process change, as 
defined in Sec. 63.115(e), is made that causes a Group 2 continuous 
process vent to become a Group 1 continuous process vent, the owner or 
operator shall submit a report within 180 operating days after the 
process change is made or the information regarding the process change 
is known to the owner or operator. This report may be included in the 
next Periodic Report, as specified in Sec. 63.1335(e)(6)(iii)(D)(2). The 
following information shall be submitted:
    (A) A description of the process change; and
    (B) A schedule for compliance with the provisions of this subpart, 
as required under Sec. 63.1335(e)(6)(iii)(D)(2).

[[Page 916]]

    (ii) Whenever a process change, as defined in Sec. 63.115(e), 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 operating days after the 
process change is made or the information regarding the process change 
is known to the owner or operator. This report may be included in the 
next Periodic Report, as specified in Sec. 63.1335(e)(6)(iii)(D)(2). The 
following information shall be submitted:
    (A) A description of the process change; and
    (B) A schedule for compliance with the provisions of this subpart, 
as required under Sec. 63.1335(e)(6)(iii)(D)(2).
    (iii) Whenever a process change, as defined in Sec. 63.115(e), 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 operating days after the process change is 
made or the information regarding the process change is known to the 
owner or operator. This report may be included in the next Periodic 
Report, as specified in Sec. 63.1335(e)(6)(iii)(D)(2). The following 
information shall be submitted:
    (A) A description of the process change; and
    (B) A schedule for compliance with the provisions of this subpart, 
as required under Sec. 63.1335(e)(6)(iii)(D)(2).
    (iv) Whenever a process change, as defined in Sec. 63.115(e), 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 operating days 
after the process change is made or the information regarding the 
process change is known to the owner or operator. This report may be 
included in the next Periodic Report, as specified in 
Sec. 63.1335(e)(6)(iii)(D)(2). The following information shall be 
submitted:
    (A) A description of the process change; and
    (B) A schedule for compliance with the provisions of this subpart, 
as required under Sec. 63.1335(e)(6)(iii)(D)(2).
    (13) When the provisions of Sec. 63.116 (c)(3) and (c)(4) specify 
that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or 
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of 
this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall 
comply with paragraphs (a)(13)(i) and (a)(13)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (ii) The use of Method 25A, 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.
    (14) When the provisions of Sec. 63.116(b) identify conditions under 
which a performance test is not required, for purposes of this subpart, 
the exemption in paragraph (a)(14)(i) shall also apply. Further, if a 
performance test meeting the conditions specified in paragraph 
(a)(14)(ii) of this section has been conducted by the owner or operator, 
the results of said performance test may be submitted and a performance 
test, as required by this section, is not required.
    (i) An incinerator burning hazardous waste for which the owner or 
operator complies with the requirements of 40 CFR part 264, subpart O.
    (ii) Performance tests done for other subparts in 40 CFR part 60 or 
part 63 where total organic HAP or TOC was measured, provided the owner 
or operator can demonstrate that operating conditions for the process 
and control or recovery device during the performance test are 
representative of current operating conditions.
    (15) The compliance date for continuous process vents subject to the 
provisions of this section is specified in Sec. 63.1311.

[[Page 917]]

    (b) Existing affected sources producing MBS shall comply with either 
paragraph (b)(1) or (b)(2) of this section.
    (1) Comply with paragraph (a) of this section, as specified in 
paragraphs (b)(1)(i) and (b)(1)(ii).
    (i) As specified in Sec. 63.1312, Group 1 continuous process vents 
at MBS existing affected sources are those with a total resource 
effectiveness value less than or equal to 3.7.
    (ii) When complying with this paragraph (b), the term ``TRE of 
4.0'', or related terms indicating a TRE value of 4.0, referred to in 
Sec. 63.113 through Sec. 63.118 shall be replaced with ``TRE of 6.7,'' 
for the purposes of this subpart. The TRE range of 3.7 to 6.7 for 
continuous process vents at existing affected sources producing MBS 
corresponds to the TRE range of 1.0 to 4.0 for other continuous process 
vents, as it applies to monitoring, recordkeeping, and reporting.
    (2) Not allow organic HAP emissions from the collection of 
continuous process vents at the affected source to be greater than 
0.000590 kg organic HAP/Mg of product. Compliance with this paragraph 
(b)(2) shall be determined using the procedures specified in 
Sec. 63.1333(b).
    (c) New affected sources producing SAN using a batch process shall 
comply with the applicable requirements in Sec. 63.1321.
    (d) Affected sources producing PET or polystyrene using a continuous 
process are subject to the emissions control provisions of Sec. 63.1316, 
the monitoring provisions of Sec. 63.1317, the testing and compliance 
demonstration provisions of Sec. 63.1318, the recordkeeping provisions 
of Sec. 63.1319, and the reporting provisions of Sec. 63.1320.



Sec. 63.1316  PET and polystyrene continuous process affected sources--emissions control provisions.

    (a) The owner or operator of an affected source producing PET using 
a continuous process shall comply with paragraph (b) of this section. 
The owner or operator of an affected source producing polystyrene using 
a continuous process shall comply with paragraph (c) of this section.
    (b) Each owner or operator of an affected source producing PET using 
a continuous process shall comply with the requirements specified in 
paragraphs (b)(1) or (b)(2) of this section, as appropriate, and not 
with any of the requirements specified in 40 CFR part 60, subpart DDD. 
Compliance can be based on either organic HAP or TOC.
    (1) Each owner or operator of an affected source producing PET using 
a continuous dimethyl terephthalate process shall comply with paragraphs 
(b)(1)(i) through (b)(1)(iv) of this section.
    (i) For existing affected sources with organic HAP emissions from 
continuous process vents in the collection of material recovery sections 
(i.e., methanol recovery) within the affected source greater than 0.12 
kg organic HAP/Mg of product, as determined by the procedure specified 
in Sec. 63.1318(b) and for all new affected sources, limit organic HAP 
emissions from continuous process vents in the collection of material 
recovery sections within the affected source by complying with one of 
the following:
    (A) Not allow emissions to be greater than 0.018 kg organic HAP/Mg 
of product; or
    (B) Not allow the outlet gas stream temperature from each final 
condenser in a material recovery section to exceed +3 deg. C (+37 deg. 
F).
    (ii) Limit organic HAP emissions from the continuous process vents 
in the collection of polymerization reaction sections within the 
affected source (including emissions from any equipment used to further 
recover ethylene glycol, but excluding emissions from process contact 
cooling towers) to 0.02 kg organic HAP/Mg of product or less.
    (iii) Limit organic HAP emissions from continuous process vents not 
included in a material recovery section, as specified in paragraph 
(b)(1)(i) of this section, or not included in a polymerization reaction 
section, as specified in paragraph (b)(1)(ii) of this section, by 
complying with Sec. 63.1315.
    (iv) Limit organic HAP emissions from all batch process vents by 
complying with Sec. 63.1321.
    (2) Each owner or operator of an affected source producing PET using 
a continuous terephthalic acid process shall comply with paragraphs 
(b)(2)(i) through (b)(2)(iv) of this section.

[[Page 918]]

    (i) Limit organic HAP emissions from the continuous process vents 
associated with the esterification vessels in the collection of raw 
materials preparation sections within the affected source to 0.04 kg 
organic HAP/Mg of product or less. Limit organic HAP emissions 
associated with other continuous process vents in the collection of raw 
materials preparation sections within the affected source by complying 
with Sec. 63.1315.
    (ii) Limit organic HAP emissions from the continuous process vents 
in the collection of polymerization reaction sections within the 
affected source (including emissions from any equipment used to further 
recover ethylene glycol, but excluding emissions from process contact 
cooling towers) to 0.02 kg organic HAP/Mg of product or less.
    (iii) Limit organic HAP emissions from continuous process vents not 
included in a raw materials preparation section, as specified in 
paragraphs (b)(2)(i) of this section, or not included in a 
polymerization reaction section, as specified in paragraph (b)(2)(ii) of 
this section, by complying with Sec. 63.1315.
    (iv) Limit organic HAP emissions from all batch process vents by 
complying with Sec. 63.1321.
    (c) Each owner or operator of an affected source producing 
polystyrene resin using a continuous process shall comply with the 
requirements specified in paragraphs (c)(1) through (c)(3) of this 
section, as appropriate, and not with any of the requirements specified 
in 40 CFR part 60, subpart DDD. Compliance can be based on either 
organic HAP or TOC.
    (1) Limit organic HAP emissions from continuous process vents in the 
collection of material recovery sections within the affected source by 
complying with one of the following:
    (i) Not allow emissions to be greater than 0.0036 kg organic HAP/Mg 
of product;
    (ii) Not allow the outlet gas stream temperature from each final 
condenser in a material recovery section to exceed -25 deg.C 
(-13 deg.F); or
    (iii) Comply with one of the following:
    (A) Reduce emissions by 98 weight percent or to a concentration of 
20 parts per million by volume (ppmv) on a dry basis, whichever is less 
stringent. If an owner or operator elects to comply with the 20 ppmv 
standard, the concentration shall include a correction to 3 percent 
oxygen only when supplemental combustion air is used to combust the 
emissions;
    (B) Combust the emissions in a boiler or process heater with a 
design heat input capacity of 150 million Btu/hr or greater by 
introducing the emissions into the flame zone of the boiler or process 
heater; or
    (C) Combust the emissions in a flare that complies with the 
requirements of Sec. 63.11(b).
    (2) Limit organic HAP emissions from continuous process vents not 
included in a material recovery section, as specified in paragraph 
(c)(1)(i) of this section, by complying with Sec. 63.1315.
    (3) Limit organic HAP emissions from all batch process vents by 
complying with Sec. 63.1321.



Sec. 63.1317   PET and polystyrene continuous process affected sources--monitoring provisions.

    Continuous process vents using a control or recovery device to 
comply with Sec. 63.1316 shall comply with the applicable monitoring 
provisions specified for continuous process vents in Sec. 63.1315(a), 
except as specified in paragraphs (a) and (b) of this section.
    (a) For the purposes of paragraph (a) of this section, owners or 
operators shall ignore references to group determinations (i.e., total 
resource effectiveness) and are not required to comply with Sec. 63.113.
    (b) The monitoring period for condenser exit temperature when 
complying with Sec. 63.1316(b)(1)(i)(B) or Sec. 63.1316(c)(1)(ii) shall 
be each consecutive 3-hour continuous period (e.g., 6 am to 9 am, 9 am 
to 12 pm). Each owner or operator shall designate said monitoring period 
in the Notification of Compliance Status required by Sec. 63.1335(e)(5).

[[Page 919]]



Sec. 63.1318   PET and polystyrene continuous process affected sources--testing and compliance demonstration provisions.

    (a) Except as specified in paragraphs (b) through (d) of this 
section, continuous process vents using a control or recovery device to 
comply with Sec. 63.1316 shall comply with the applicable testing and 
compliance provisions for continuous process vents specified in 
Sec. 63.1315, except that, for the purposes of this paragraph (a), 
owners or operators shall ignore references to group determination 
(i.e., total resource effectiveness) and are not required to comply with 
Sec. 63.113.
    (b) PET Affected Sources Using a Dimethyl Terephthalate Process--
Applicability Determination Procedure. Owners or operators shall 
calculate organic HAP emissions from the collection of material recovery 
sections at an existing affected source producing PET using a continuous 
dimethyl terephthalate process to determine whether 
Sec. 63.1316(a)(1)(i) is applicable using the procedures specified in 
either paragraph (b)(1) or (b)(2) of this section.
    (1) Use Equation 1 of this subpart to determine mass emissions per 
mass product as specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this 
section.
[GRAPHIC] [TIFF OMITTED] TR12SE96.000

where:

ER=Emission rate of total organic HAP or TOC, kg/Mg product.
Ei=Emission rate of total organic HAP or TOC in continuous 
process vent i, kg/hr.
Pp=The rate of polymer produced, kg/hr.
n=Number of continuous process vents in the collection of material 
recovery sections at the affected source.
0.001=Conversion factor, kg to Mg.

    (i) The mass emission rate for each continuous process vent, 
Ei, shall be determined according to the procedures specified 
in Sec. 63.116(c)(4). The sampling site for determining whether 
Sec. 63.1316(a)(1)(i) is applicable shall be before any add-on control 
devices (i.e., those required by regulation) and after those recovery 
devices installed as part of operating the material recovery section. 
When the provisions of Sec. 63.116(c)(4) specify that Method 18, 40 CFR 
part 60, appendix A shall be used, Method 18 or Method 25A, 40 CFR part 
60, appendix A may be used for the purposes of this subpart. The use of 
Method 25A, 40 CFR part 60, appendix A shall comply with paragraphs 
(b)(1)(i)(A) and (b)(1)(i)(B) of this section.
    (A) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (B) The use of Method 25A, 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.
    (ii) The rate of polymer produced, Pp (kg/hr), shall be 
determined by dividing the weight (kg) of polymer pulled from the 
process line during the performance test by the number of hours taken to 
perform the performance test. The weight of polymer pulled shall be 
determined by direct measurement or by an alternate methodology, such as 
materials balance. If an alternate methodology is used, a description of 
the methodology, including all procedures, data, and assumptions shall 
be submitted as part of the Notification of Compliance Status required 
by Sec. 63.1335(e)(5).
    (2) Use engineering assessment, as described in 
Sec. 63.1323(b)(6)(i), to demonstrate that mass emissions per mass 
product are less than or equal to 0.07 kg organic HAP/Mg product. If 
engineering assessment shows that mass emissions per mass product are 
greater than 0.07 kg organic HAP/Mg product and the owner or operator 
wishes to demonstrate that mass emissions per mass product are less than 
the threshold emission rate of 0.12 kg organic HAP/Mg product, the owner 
or operator shall use the procedures specified in paragraph (b)(1) of 
this section.
    (c) Compliance with Mass Emissions per Mass Product Standards. 
Owners or operators complying with Sec. 63.1316

[[Page 920]]

(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), and (c)(1)(i) shall 
demonstrate compliance with the mass emissions per mass product 
requirements using the procedures specified in paragraph (b)(1) of this 
section, except that the sampling site specified in paragraph (b)(1)(i) 
of this section shall be at the outlet of the last control or recovery 
device.
    (d) Compliance with Temperature Limits for Final Condensers. Owners 
or operators complying with Sec. 63.1316(b)(1)(i)(B) or 
Sec. 63.1316(c)(1)(ii) shall perform an initial performance test as 
specified in paragraph (d)(1) of this section to demonstrate initial 
compliance with the temperature limit requirements and shall demonstrate 
continuous compliance as specified in paragraph (d)(2) of this section.
    (1) Using the temperature monitoring device specified by the 
applicable monitoring provisions specified for continuous process vents 
in Sec. 63.1315, an average exit temperature shall be determined based 
on the average exit temperature for three performance tests. The average 
exit temperature for each 3-hour performance test shall be based on 
measurements taken at least every 15 minutes for 3 hours of continuous 
operation under maximum representative operating conditions for the 
process. For emissions streams containing continuous and batch process 
vents, the maximum representative operating conditions shall be during 
periods when batch emission episodes are venting to the control device 
resulting in the highest concentration of organic HAP in the emissions 
stream.
    (2) As specified in Sec. 63.1317(b), continuous compliance shall be 
determined based on an average exit temperature determined for each 
consecutive 3-hour continuous period. Each 3-hour period where the 
average exit temperature is more than 6  deg.C (10  deg.F) above the 
applicable specified temperature limit shall be considered an exceedance 
of the monitoring provisions.



Sec. 63.1319  PET and polystyrene continuous process affected sources--recordkeeping provisions.

    (a) Except as specified in paragraphs (b) and (c) of this section, 
owners or operators using a control or recovery device to comply with 
Sec. 63.1316 shall comply with the applicable recordkeeping provisions 
specified in Sec. 63.1315, except that, for the purposes of this 
paragraph (a), owners or operators shall ignore references to group 
determinations (i.e., total resource effectiveness) and are not required 
to comply with Sec. 63.113.
    (b) Records Demonstrating Compliance With the Applicability 
Determination Procedure for PET Affected Sources Using a Dimethyl 
Terephthalate Process. Each owner or operator, as appropriate, shall 
keep the following data, as appropriate, up-to-date and readily 
accessible:
    (1) Results of the mass emissions per mass product calculation 
specified in Sec. 63.1318(b).
    (2) If complying with Sec. 63.1316 by demonstrating that mass 
emissions per mass product are less than or equal to the level specified 
in Sec. 63.1316(a)(1)(i), the information specified in paragraphs 
(b)(2)(i) and (b)(2)(ii) of this section.
    (i) Each process operation variable (e.g., pressure, temperature, 
type of catalyst) that may result in an increase in the mass emissions 
per mass product should said variable be changed.
    (ii) Records of any change in process operation that increases the 
mass emissions per mass product.
    (c) Records Demonstrating Compliance with Temperature Limits for 
Final Condensers. Owners or operators of continuous process vents 
complying with Sec. 63.1316(b)(1)(i)(B) or Sec. 63.1316(c)(1)(ii) shall 
keep the following data, as appropriate, up-to-date and readily 
accessible:
    (1) Records of monitoring data as specified in Sec. 63.1315, except 
that the monitoring period shall be each consecutive 3-hour continuous 
period.
    (2) Results of the performance test specified in Sec. 63.1318(d)(1) 
and any other performance test that may be subsequently required.



Sec. 63.1320  PET and polystyrene continuous process affected sources--reporting provisions.

    (a) Except as specified in paragraphs (b) and (c) of this section, 
owners and operators using a control or recovery device to comply with 
Sec. 63.1316 shall comply with the applicable reporting

[[Page 921]]

provisions specified in Sec. 63.1315, except that, for the purposes of 
this paragraph (a), owners or operators shall ignore references to group 
determinations (i.e., total resource effectiveness) and are not required 
to comply with Sec. 63.113.
    (b) Reporting for PET Affected Sources Using a Dimethyl 
Terephthalate Process. Each owner or operator complying with 
Sec. 63.1316 by demonstrating that mass emissions per mass product are 
less than or equal to the level specified in Sec. 63.1316(a)(1)(i) shall 
comply with paragraphs (b)(1) through (b)(3) of this section.
    (1) Include the information specified in Sec. 63.1319(b)(2)(ii) in 
each Periodic Report, required by Sec. 63.1335(e)(6), as appropriate.
    (2) Include the information specified in Sec. 63.1319 (b)(1) or 
(b)(2) in the Notification of Compliance Status, required by 
Sec. 63.1335(e)(5), for the initial determination and in the appropriate 
Periodic Report, required by Sec. 63.1335(e)(6), for any subsequent 
determinations that may be required.
    (3) Whenever a process change, as defined in Sec. 63.115(e), is made 
that causes emissions from continuous process vents in the collection of 
material recovery sections (i.e., methanol recovery) within the affected 
source to be greater than 0.12 kg organic HAP/Mg of product, the owner 
or operator shall submit a report within 180 operating days after the 
process change is made or the information regarding the process change 
is known to the owner or operator. This report may be included in the 
next Periodic Report as specified in Sec. 63.1335(e)(6)(iii)(D)(2). The 
following information shall be submitted:
    (i) A description of the process change; and
    (ii) A schedule for compliance with the provisions of this subpart, 
as required under Sec. 63.1335(e)(6)(iii(D)(2).
    (c) Reporting for Affected Sources Complying With Temperature Limits 
for Final Condensers. Each owner or operator complying with 
Sec. 63.1316(b)(1)(i)(B) or Sec. 63.1316(c)(1)(ii) shall comply with 
paragraphs (c)(1) and (c)(2) of this section.
    (1) Report periods when the 3-hour average exit temperature is more 
than 6 deg. C (10 deg. F) above the applicable specified temperature 
limit in each Periodic Report, required by Sec. 63.1335(e)(6), as 
appropriate.
    (2) Include the information specified in Sec. 63.1319(c)(2) in the 
Notification of Compliance Status, required by Sec. 63.1335(e)(5), for 
the initial performance test and in the appropriate Periodic Report, 
required by Sec. 63.1335(e)(6), for any subsequent performance tests 
that may be required.
    (3) Include the information specified in Sec. 63.1317(b) in the 
Notification of Compliance Status, required by Sec. 63.1335(e)(5).



Sec. 63.1321  Batch process vents provisions.

    (a) Batch process vents. Except as specified in paragraphs (b) and 
(c) of this section, owners and operators of new and existing affected 
sources with batch process vents shall comply with the requirements in 
Secs. 63.1322 through 63.1327. The batch process vent group status shall 
be determined in accordance with Sec. 63.1323. Batch process vents 
classified as Group 1 shall comply with the reference control technology 
requirements for Group 1 batch process vents in Sec. 63.1322, the 
monitoring requirements in Sec. 63.1324, the performance test methods 
and procedures to determine compliance requirements in Sec. 63.1325, the 
recordkeeping requirements in Sec. 63.1326, and the reporting 
requirements in Sec. 63.1327. All Group 2 batch process vents shall 
comply with the applicable reference control technology requirements in 
Sec. 63.1322, the recordkeeping requirements in Sec. 63.1326, and the 
reporting requirements in Sec. 63.1327.
    (b) New SAN batch affected sources. Owners and operators of new SAN 
affected sources using a batch process shall comply with the 
requirements of Sec. 63.1322 through Sec. 63.1327 for batch process 
vents and aggregate batch vent streams except as specified in paragraphs 
(b)(1) through (b)(2) of this section. For continuous process vents, 
owners and operators shall comply with the requirements of Sec. 63.1322 
through Sec. 63.1327 except as specified in paragraph (b)(3) of this 
section.
    (1) For batch process vents, the determination of group status 
(i.e., Group

[[Page 922]]

1/Group 2) under Sec. 63.1323 is not required.
    (2) For batch process vents and aggregate batch vent streams, the 
control requirements for individual batch process vents or aggregate 
batch vent streams (e.g., 90 percent emission reduction) as specified in 
Sec. 63.1322(a)(1), (a)(2), (b)(1), and (b)(2) shall not apply.
    (3) Continuous process vents using a control or recovery device to 
comply with Sec. 63.1322(a)(3) are subject to the applicable 
requirements in Sec. 63.1315(a), as appropriate, except as specified in 
paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
    (i) Said continuous process vents are not subject to the group 
determination procedures of Sec. 63.115 for the purposes of this 
subpart.
    (ii) Said continuous process vents are not subject to the reference 
control technology provisions of Sec. 63.113 for the purposes of this 
subpart.
    (c) Aggregate batch vent streams. Aggregate batch vent streams, as 
defined in Sec. 63.1312, are subject to the control requirements for 
individual batch process vents, as specified in Sec. 63.1322(b), as well 
as the monitoring, testing, recordkeeping, and reporting requirements 
specified in Sec. 63.1324 through Sec. 63.1327.



Sec. 63.1322  Batch process vents--reference control technology.

    (a) Batch process vents. The owner or operator of a Group 1 batch 
process vent, as determined using the procedures in Sec. 63.1323, shall 
comply with the requirements of either paragraph (a)(1) or (a)(2) of 
this section, except as provided for in paragraph (a)(3) of this 
section. Compliance can be based on either organic HAP or TOC.
    (1) For each batch process vent, reduce organic HAP emissions using 
a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b).
    (ii) Halogenated batch process vents, as defined in Sec. 63.1312, 
shall not be vented to a flare.
    (2) For each batch process vent, reduce organic HAP emissions for 
the batch cycle by 90 weight percent using a control device. Owners or 
operators may achieve compliance with this paragraph (a)(2) through the 
control of selected batch emission episodes or the control of portions 
of selected batch emission episodes. Documentation demonstrating how the 
90 weight percent emission reduction is achieved is required by 
Sec. 63.1325(c)(2).
    (3) The owner or operator of a new affected source producing SAN 
using a batch process shall reduce organic HAP emissions from the 
collection of batch process vents, aggregate batch vent streams, and 
continuous process vents by 84 weight percent. Compliance with this 
paragraph (a)(3) shall be demonstrated using the procedures specified in 
Sec. 63.1333(c).
    (b) Aggregate batch vent streams. The owner or operator of an 
aggregate batch vent stream that contains one or more Group 1 batch 
process vents shall comply with the requirements of either paragraph 
(b)(1) or (b)(2) of this section, except as provided for in paragraph 
(b)(3) of this section. Compliance can be based on either organic HAP or 
TOC.
    (1) For each aggregate batch vent stream, reduce organic HAP 
emissions using a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b).
    (ii) Halogenated aggregate batch vent streams, as defined in 
Sec. 63.1312, shall not be vented to a flare.
    (2) For each aggregate batch vent stream, reduce organic HAP 
emissions by 90 weight percent on a continuous basis using a control 
device.
    (3) The owner or operator of a new affected source producing SAN 
using a batch process shall comply with paragraph (a)(3) of this 
section.
    (c) Halogenated emissions. Halogenated Group 1 batch process vents, 
halogenated aggregate batch vent streams, and halogenated continuous 
process vents that are combusted as part of complying with paragraph 
(a)(2), (a)(3), (b)(2), or (b)(3) of this section, as appropriate, shall 
be controlled according to either paragraph (c)(1) or (c)(2) of this 
section.
    (1) If a combustion device is used to comply with paragraph (a)(2), 
(a)(3), (b)(2), or (b)(3) of this section for a halogenated batch 
process vent, halogenated aggregate batch vent stream, or halogenated 
continuous process vent, said emissions shall be ducted

[[Page 923]]

from the combustion device to an additional control device that reduces 
overall emissions of hydrogen halides and halogens by 99 percent before 
said emissions are discharged to the atmosphere.
    (2) A control device may be used to reduce the halogen atom mass 
emission rate of said emissions to less than 3,750 kg/yr for batch 
process vents or aggregate batch vent streams and to less than 0.45 
kilograms per hour for continuous process vents prior to venting to any 
combustion control device, and thus make the batch process vent, 
aggregate batch vent stream, or continuous process vent nonhalogenated. 
The nonhalogenated batch process vent, aggregate batch vent stream, or 
continuous process vent must then comply with the requirements of either 
paragraph (a) or (b) of this section, as appropriate.
    (d) If a boiler or process heater is used to comply with the percent 
reduction requirement specified in paragraph (a)(2), (a)(3), (b)(2), or 
(b)(3) of this section, the batch process vent, aggregate batch vent 
stream, or continuous process vent shall be introduced into the flame 
zone of such a device.
    (e) Combination of batch process vents or aggregate batch vent 
streams with continuous process vents. A batch process vent or aggregate 
batch vent stream combined with a continuous process vent is not subject 
to the provisions of Secs. 63.1323 through 63.1327, providing the 
requirements of paragraphs (e)(1), (e)(2), and either (e)(3) or (e)(4) 
of this section are met.
    (1) The batch process vent or aggregate batch vent stream is 
combined with a continuous process vent prior to routing the continuous 
process vent to a control or recovery device. In this paragraph (e)(1), 
the definitions of control device and recovery device as they relate to 
continuous process vents shall be used.
    (2) The only emissions to the atmosphere from the batch process vent 
or aggregate batch vent stream prior to being combined with the 
continuous process vent are from equipment subject to and in compliance 
with Sec. 63.1331.
    (3) If the batch process vent or aggregate batch vent stream is 
combined with a continuous process vent prior to being routed to a 
control device, the combined vent stream shall comply with the 
requirements in Sec. 63.1315(a)(10). In this paragraph (e)(3), the 
definition of control device as it relates to continuous process vents 
shall be used.
    (4) If the batch process vent or aggregate batch vent stream is 
combined with a continuous process vent prior to being routed to a 
recovery device, the combined vent stream shall comply with the 
requirements in Sec. 63.1315(a)(11). In this paragraph (e)(4), the 
definition of recovery device as it relates to continuous process vents 
shall be used.
    (f) Group 2 batch process vents with annual emissions greater than 
or equal to the level specified in Sec. 63.1323(d). The owner or 
operator of a Group 2 batch process vent with annual emissions greater 
than or equal to the level specified in Sec. 63.1323(d) shall comply 
with the provisions of (f)(1) and (f)(2) of this section.
    (1) Establish a batch cycle limitation that ensures the Group 2 
batch process vent does not become a Group 1 batch process vent.
    (2) Comply with the recordkeeping requirements in 
Sec. 63.1326(d)(2), and the reporting requirements in Sec. 63.1327 
(a)(3) and (b).
    (g) Group 2 batch process vents with annual emissions less than the 
level specified in Sec. 63.1323(d). The owner or operator of a Group 2 
batch process vent with annual emissions less than the level specified 
in Sec. 63.1323(d) shall comply with either paragraphs (g)(1) and (g)(2) 
of this section or with paragraphs (f)(1) and (f)(2) of this section.
    (1) Establish a batch cycle limitation that ensures emissions do not 
exceed the level specified in Sec. 63.1323(d).
    (2) Comply with the recordkeeping requirements in 
Sec. 63.1326(d)(1), and the reporting requirements in Sec. 63.1327 
(a)(2), (b), and (c).



Sec. 63.1323  Batch process vents--methods and procedures for group determination.

    (a) General requirements. Except as provided in paragraph (a)(3) of 
this section and in Sec. 63.1321(b)(1), the owner or

[[Page 924]]

operator of batch process vents at affected sources shall determine the 
group status of each batch process vent in accordance with the 
provisions of this section. This determination may be based on either 
organic HAP or TOC emissions.
    (1) The procedures specified in paragraphs (b) through (h) of this 
section shall be followed for the expected mix of products for a given 
batch process vent, as specified in paragraph (a)(1)(i) of this section, 
or for the worst-case HAP emitting product, as specified in paragraphs 
(a)(1)(ii) through (a)(1)(iv) of this section. ``Worst-case HAP emitting 
product'' is defined in paragraph (a)(1)(iii) of this section.
    (i) If an owner or operator chooses to follow the procedures 
specified in paragraphs (b) through (h) of this section for the expected 
mix of products, an identification of the different products and the 
number of batch cycles accomplished for each is required as part of the 
group determination documentation, as specified in Sec. 63.1326(a)(1).
    (ii) If an owner or operator chooses to follow the procedures 
specified in paragraphs (b) through (h) of this section for the worst-
case HAP emitting product, documentation identifying the worst-case HAP 
emitting product is required as part of the group determination 
documentation, as specified in Sec. 63.1326(a)(1).
    (iii) Except as specified in paragraph (a)(1)(iii)(B) of this 
section, the worst-case HAP emitting product is as defined in paragraph 
(a)(1)(iii)(A) of this section.
    (A) The worst-case HAP emitting product is the one with the highest 
mass emission rate (kg organic HAP per hour) averaged over the entire 
time period of the batch cycle.
    (B) Alternatively, when one product is produced more than 75 percent 
of the time, accounts for more than 75 percent of the annual mass of 
product, and the owner or operator can show that the mass emission rate 
(kg organic HAP per hour) averaged over the entire time period of the 
batch cycle can reasonably be expected to be similar to the mass 
emission rate for other products having emissions from the same batch 
process vent, said product may be considered the worst-case HAP emitting 
product.
    (C) An owner or operator shall determine the worst-case HAP emitting 
product for a batch process vent as specified in paragraphs 
(a)(1)(iii)(C)(1) through (a)(1)(iii)(C)(3) of this section.
    (1) The emissions per batch emission episode shall be determined 
using any of the procedures specified in paragraph (b) of this section. 
The mass emission rate (kg organic HAP per hour) averaged over the 
entire time period of the batch cycle shall be determined by summing the 
emissions for each batch emission episode making up a complete batch 
cycle and dividing by the total duration in hours of the batch cycle.
    (2) To determine the worst-case HAP emitting product as specified 
under paragraph (a)(1)(iii)(A) of this section, the mass emission rate 
for each product shall be determined and compared.
    (3) To determine the worst-case HAP emitting product as specified 
under paragraph (a)(1)(iii)(B) of this section, the mass emission rate 
for the product meeting the time and mass criteria of paragraph 
(a)(1)(iii)(B) of this section shall be determined, and the owner or 
operator shall provide adequate information to demonstrate that the mass 
emission rate for said product is similar to the mass emission rates for 
the other products having emissions from the same batch process vent. In 
addition, the owner or operator shall provide information demonstrating 
that the selected product meets the time and mass criteria of paragraph 
(a)(1)(iii)(B) of this section.
    (iv) The annual production of the worst-case HAP emitting product 
shall be determined by ratioing the production time of said product up 
to a 12 month period of actual production. It is not necessary to ratio 
up to a maximum production rate (i.e., 8,760 hours per year at maximum 
design production).
    (2) The annual uncontrolled organic HAP or TOC emissions and average 
flow rate shall be determined at the exit from the batch unit operation. 
For the purposes of these determinations, the primary condenser 
operating as a reflux condenser on a distillation column, the primary 
condenser recovering

[[Page 925]]

monomer or solvent from a batch stripping operation, and the primary 
condenser recovering monomer or solvent from a batch distillation 
operation shall be considered part of the batch unit operation. All 
other devices that recover or oxidize organic HAP or TOC vapors shall be 
considered control devices as defined in Sec. 63.1312.
    (3) The owner or operator of a batch process vent complying with the 
flare provisions in Sec. 63.1322(a)(1) or Sec. 63.1322(b)(1) or routing 
the batch process vent to a control device to comply with the 
requirements in Sec. 63.1322(a)(2) or Sec. 63.1322(b)(2) is not required 
to perform the batch process vent group determination described in this 
section, but shall comply with all requirements applicable to Group 1 
batch process vents for said batch process vent.
    (b) Determination of annual emissions. The owner or operator shall 
calculate annual uncontrolled TOC or organic HAP emissions for each 
batch process vent using the methods described in paragraphs (b)(1) 
through (b)(8) of this section. Paragraphs (b)(1) through (b)(4) of this 
section present procedures that can be used to calculate the emissions 
from individual batch emission episodes. Emissions from batch processes 
involving multicomponent systems are to be calculated using the 
procedures in paragraphs (b)(1) through (b)(4) of this section. 
Individual HAP partial pressures in multicomponent systems shall be 
determined by the following methods: If the components are miscible in 
one another, use Raoult's law to calculate the partial pressures; if the 
solution is a dilute aqueous mixture use Henry's law constants to 
calculate partial pressures; if Raoult's law or Henry's law are not 
appropriate (or available) use experimentally obtained activity 
coefficients, Henry's law constants, or solubility data; if Raoult's law 
or Henry's law are not appropriate use models, such as the group-
contribution models, to predict activity coefficients; and if Raoult's 
law or Henry's law are not appropriate assume the components of the 
system behave independently and use the summation of all vapor pressures 
from the HAP's as the total HAP partial pressure. Chemical property data 
can be obtained from standard reference texts. Paragraph (b)(5) of this 
section describes how direct measurement can be used to estimate 
emissions. If the owner or operator can demonstrate that the procedures 
in paragraphs (b)(1) through (b)(4) of this section are not appropriate 
to estimate emissions from a batch emission episode, emissions may be 
estimated using engineering assessment, as described in paragraph (b)(6) 
of this section. Owners or operators are not required to demonstrate 
that direct measurement is not appropriate before utilizing engineering 
assessment. Paragraph (b)(6)(ii) of this section describes how an owner 
or operator shall demonstrate that the procedures in paragraphs (b)(1) 
through (b)(4) of this section are not appropriate. Emissions from a 
batch cycle shall be calculated in accordance with paragraph (b)(7) of 
this section, and annual emissions from the batch process vent shall be 
calculated in accordance with paragraph (b)(8) of this section.
    (1) TOC or organic HAP emissions from the purging of an empty vessel 
shall be calculated using Equation 2 of this subpart. Equation 2 of this 
subpart does not take into account evaporation of any residual liquid in 
the vessel.
[GRAPHIC] [TIFF OMITTED] TR12SE96.001

where:

Eepisode=Emissions, kg/episode.
Vves=Volume of vessel, m3.
P=TOC or total organic HAP partial pressure, kPa.
MWwavg=Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(iii) of 
this section, kg/kmol.

[[Page 926]]

R=Ideal gas constant, 8.314 m3bulletkPa/
kmolbulletK.
T=Temperature of vessel vapor space, K.
m=Number of volumes of purge gas used.

    (2) TOC or organic HAP emissions from the purging of a filled vessel 
shall be calculated using Equation 3 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.002

where:

Eepisode=Emissions, kg/episode.
y=Saturated mole fraction of all TOC or organic HAP in vapor phase.
Vdr=Volumetric gas displacement rate, m3/min.
P=Pressure in vessel vapor space, kPa.
MWwavg=Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(iii) of 
this section, kg/kmol.
R=Ideal gas constant, 8.314 m3bulletkPa/
kmolbulletK.
T=Temperature of vessel vapor space, K.
Pi=Vapor pressure of TOC or individual organic HAP i, kPa.
xi=Mole fraction of TOC or organic HAP i in the liquid.
n=Number of
    organic HAP in stream.

    Note: Summation not required if TOC emissions are being estimated.

Tm=Minutes/episode.

    (3) Emissions from vapor displacement due to transfer of material 
into or out of a vessel shall be calculated using Equation 4 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.003

where:

Eepisode=Emissions, kg/episode.
y=Saturated mole fraction of all TOC or organic HAP in vapor phase.
V=Volume of gas displaced from the vessel, m3.
P=Pressure in vessel vapor space, kPa.
MWwavg=Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of 
this section, kg/kmol.
R=Ideal gas constant, 8.314 m3bulletkPa/
kmolbulletK.
T=Temperature of vessel vapor space, K.

    (4) Emissions caused by the heating of a vessel shall be calculated 
using the procedures in either paragraphs (b)(4)(i), (b)(4)(ii), or 
(b)(4)(iii) of this section, as appropriate.
    (i) If the final temperature to which the vessel contents is heated 
is lower than 50 K below the boiling point of the HAP in the vessel, 
then emissions shall be calculated using the equations in paragraphs 
(b)(4)(i)(A) through (b)(4)(i)(D) of this section.
    (A) Emissions caused by heating of a vessel shall be calculated 
using Equation 5 of this subpart. The assumptions made for this 
calculation are atmospheric pressure of 760 millimeters of mercury (mm 
Hg) and the displaced gas is always saturated with volatile organic 
compounds (VOC) vapor in equilibrium with the liquid mixture.

[[Page 927]]

[GRAPHIC] [TIFF OMITTED] TR12SE96.004


where:

Eepisode=Emissions, kg/episode.
(Pi)T1, (Pi)T2=Partial pressure (kPa) of TOC or 
each organic HAP i in the vessel headspace at initial (T1) and final 
(T2) temperature.
n=Number of organic HAP in stream. Note: Summation not required if TOC 
emissions are being estimated.
trianglen=Number of kilogram-moles (kg-moles) of 
gas displaced, determined in accordance with paragraph (b)(4)(i)(B) of 
this section.
101.325=Constant, kPa.
MWwavg=Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of 
this section, kg/kmol.

    (B) The moles of gas displaced, trianglen, is 
calculated using Equation 6 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.005

where:

trianglen=Number of kg-moles of gas displaced.
Vfs=Volume of free space in the vessel, m3.
R=Ideal gas constant, 8.314 m3bulletkPa/
kmolbulletK.
Pa1=Initial noncondensible gas pressure in the vessel, kPa.
Pa2=Final noncondensible gas pressure, kPa.
T1=Initial temperature of vessel, K.
T2=Final temperature of vessel, K.

    (C) The initial and final pressure of the noncondensible gas in the 
vessel shall be calculated using Equation 7 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.006

where:

Pa=Initial or final partial pressure of noncondensible gas in the vessel 
headspace, kPa.
101.325=Constant, kPa.
(Pi)T=Partial pressure of TOC or each organic HAP i in the 
vessel headspace, kPa, at the initial or final temperature (T1 or T2).
n=Number of organic HAP in stream.

    Note: Summation not required if TOC emissions are being estimated.

    (D) The weighted average molecular weight of TOC or organic HAP in 
the displaced gas, MWwavg, shall be calculated using Equation 
8 of this subpart.

[[Page 928]]

[GRAPHIC] [TIFF OMITTED] TR12SE96.007


where:

C=TOC or organic HAP component
n=Number of TOC or organic HAP components in stream.

    (ii) If the vessel contents are heated to a temperature greater than 
50 K below the boiling point, then emissions from the heating of a 
vessel shall be calculated as the sum of the emissions calculated in 
accordance with paragraphs (b)(4)(ii)(A) and (b)(4)(ii)(B) of this 
section.
    (A) For the interval from the initial temperature to the temperature 
50 K below the boiling point, emissions shall be calculated using 
Equation 5 of this subpart, where T2 is the temperature 50 K 
below the boiling point.
    (B) For the interval from the temperature 50 K below the boiling 
point to the final temperature, emissions shall be calculated as the 
summation of emissions for each 5 K increment, where the emissions for 
each increment shall be calculated using Equation 5 of this subpart.
    (1) If the final temperature of the heatup is lower than 5 K below 
the boiling point, the final temperature for the last increment shall be 
the final temperature for the heatup, even if the last increment is less 
than 5 K.
    (2) If the final temperature of the heatup is higher than 5 K below 
the boiling point, the final temperature for the last increment shall be 
the temperature 5 K below the boiling point, even if the last increment 
is less than 5 K.
    (3) If the vessel contents are heated to the boiling point and the 
vessel is not operating with a condenser, the final temperature for the 
final increment shall be the temperature 5 K below the boiling point, 
even if the last increment is less than 5 K.
    (iii) If the vessel is operating with a condenser, and the vessel 
contents are heated to the boiling point, the primary condenser, as 
specified in paragraph (a)(2) of this section, is considered part of the 
process. Emissions shall be calculated as the sum of emissions 
calculated using Equation 5 of this subpart, which calculates emissions 
due to heating the vessel contents to the temperature of the gas 
existing the condenser, and emissions calculated using Equation 4 of 
this subpart, which calculates emissions due to the displacement of the 
remaining saturated noncondensible gas in the vessel. The final 
temperature in Equation 5 of this subpart shall be set equal to the exit 
gas temperature of the condenser. Equation 4 of this subpart shall be 
used as written below in Equation 4a of this subpart, using free space 
volume, and T is set equal to the condenser exit gas temperature.
[GRAPHIC] [TIFF OMITTED] TR12SE96.008

where:

Eepisode=Emissions, kg/episode.
y=Saturated mole fraction of all TOC or organic HAP in vapor phase.
Vfs=Volume of the free space in the vessel, m3.
P=Pressure in vessel vapor space, kPa.
MWwavg=Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of 
this section, kg/kmol.
R=Ideal gas constant, 8.314 m3bulletkPa/
kmolbulletK.
T=Temperature of condenser exit stream, K.

    (5) The owner or operator may estimate annual emissions for a batch 
emission episode by direct measurement. If direct measurement is used, 
the owner or operator shall either perform a test for the duration of a 
representative batch emission episode or perform a test during only 
those periods of the batch emission episode for

[[Page 929]]

which the emission rate for the entire episode can be determined or for 
which the emissions are greater than the average emission rate of the 
batch emission episode. The owner or operator choosing 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 batch process vent conditions. Performance tests shall follow 
the procedures specified in paragraphs (b)(5)(i) through (b)(5)(iii) of 
this section. The procedures in either paragraph (b)(5)(iv) or (b)(5)(v) 
of this section shall be used to calculate the emissions per batch 
emission episode.
    (i) Method 1 or 1A, 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. No traverse is necessary when Method 2A or 2D, 40 CFR 
part 60, appendix A is used to determine gas stream volumetric flow 
rate.
    (ii) Gas stream volumetric flow rate and/or average flow rate shall 
be determined as specified in paragraph (e) of this section.
    (iii) Method 18 or Method 25A, 40 CFR part 60, appendix A, shall be 
used to determine the concentration of TOC or organic HAP, as 
appropriate. 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 use of Method 25A, 40 CFR part 
60, appendix A shall comply with paragraphs (b)(5)(iii)(A) and 
(b)(5)(iii)(B) of this section.
    (A) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (B) The use of Method 25A, 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.
    (iv) If an integrated sample is taken over the entire batch emission 
episode to determine TOC or average total organic HAP concentration, 
emissions shall be calculated using Equation 9 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.009

where:

Eepisode=Emissions, kg/episode.
K=Constant, 2.494  x  10-6 
(ppmv)-1 (gm-mole/scm) (kg/gm) (min/hr), where 
standard temperature is 20  deg.C.
Cj=Average concentration of TOC or sample organic HAP 
component j of the gas stream, dry basis, ppmv.
Mj=Molecular weight of TOC or sample organic HAP component j 
of the gas stream, gm/gm-mole.
AFR=Average flow rate of gas stream, dry basis, scmm.
Th=Hours/episode.
n=Number of organic HAP in stream.

    Note: Summation not required if TOC emissions are being estimated 
using a TOC concentration measured using Method 25A, 40 CFR part 60, 
appendix A.

    (v) If grab samples are taken to determine TOC or average total 
organic HAP concentration, emissions shall be calculated according to 
paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of this section.
    (A) For each measurement point, the emission rate shall be 
calculated using Equation 10 of this subpart.

[[Page 930]]

[GRAPHIC] [TIFF OMITTED] TR12SE96.010


where:

Epoint=Emission rate for individual measurement point, kg/hr.
K=Constant, 2.494  x  10-6 (ppmv)-1 (gm-mole/scm) (kg/gm) 
(min/hr), where standard temperature is 20  deg.C.
Cj=Concentration of TOC or sample organic HAP component j of 
the gas stream, dry basis, ppmv.
Mj=Molecular weight of TOC or sample organic HAP component j 
of the gas stream, gm/gm-mole.
FR=Flow rate of gas stream for the measurement point, dry basis, scmm.
n=Number of organic HAP in stream.

    Note: Summation not required if TOC emissions are being estimated 
using a TOC concentration measured using Method 25A, 40 CFR part 60, 
appendix A.

    (B) The emissions per batch emission episode shall be calculated 
using Equation 11 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.011

where:

Eepisode=Emissions, kg/episode.
DUR=Duration of the batch emission episode, hr/episode.
Ei=Emissions for measurement point i, kg/hr.
n=Number of measurements.

    (6) If the owner or operator can demonstrate that the methods in 
paragraphs (b)(1) through (b)(4) of this section are not appropriate to 
estimate emissions for a batch emissions episode, the owner or operator 
may use engineering assessment to estimate emissions as specified in 
paragraphs (b)(6)(i) and (b)(6)(ii) of this section. All data, 
assumptions, and procedures used in an engineering assessment shall be 
documented.
    (i) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results, provided the tests are representative of 
current operating practices;
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions;
    (C) Flow rate, TOC emission rate, or organic HAP emission rate 
specified or implied within a permit limit applicable to the batch 
process vent; and
    (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;
    (2) Estimation of flow rate based on physical equipment design such 
as pump or blower capacities; and
    (3) Estimation of TOC or organic HAP concentrations based on 
saturation conditions.
    (ii) The emissions estimation equations in paragraphs (b)(1) through 
(b)(4) of this section shall be considered inappropriate for estimating 
emissions for a given batch emissions episode if one or more of the 
criteria in paragraphs (b)(6)(ii)(A) through (b)(6)(ii)(B) of this 
section are met.
    (A) Previous test data are available that show a greater than 20 
percent discrepancy between the test value and the estimated value.
    (B) The owner or operator can demonstrate to the Administrator that 
the emissions estimation equations are not appropriate for a given batch 
emissions episode.
    (C) Data or other information supporting a finding that the 
emissions estimation equations are inappropriate as specified under 
paragraph (b)(6)(ii)(A) of this section shall be reported in the 
Notification of Compliance Status, as required in Sec. 63.1335(e)(5).
    (D) Data or other information supporting a finding that the 
emissions estimation equations are inappropriate as specified under 
paragraph (b)(6)(ii)(B) of this section shall be reported in the 
Precompliance Report, as required in Sec. 63.1335(e)(3).
    (7) For each batch process vent, the TOC or organic HAP emissions 
associated with a single batch cycle shall be calculated using Equation 
12 of this subpart.

[[Page 931]]

[GRAPHIC] [TIFF OMITTED] TR12SE96.012


where:

where:

Ecycle=Emissions for an individual batch cycle, kg/batch 
cycle
Eepisode i=Emissions from batch emission episode i, kg/
episode
n=Number of batch emission episodes for the batch cycle

    (8) Annual TOC or organic HAP emissions from a batch process vent 
shall be calculated using Equation 13 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.013

where:

AE=Annual emissions from a batch process vent, kg/yr.
Ni=Number of type i batch cycles performed annually, cycles/
year
Ecycle i=Emissions from the batch process vent associated 
with a single type i batch cycle, as determined in paragraph (b)(7) of 
this section, kg/batch cycle
n=Number of different types of batch cycles that cause the emission of 
TOC or organic HAP from the batch process vent

    (c) [Reserved]
    (d) Minimum emission level exemption. A batch process vent with 
annual emissions less than 11,800 kg/yr is considered a Group 2 batch 
process vent and the owner or operator of said batch process vent shall 
comply with the requirements in Sec. 63.1322 (f) or (g). The owner or 
operator of said batch process vent is not required to comply with the 
provisions in paragraphs (e) through (g) of this section.
    (e) Determination of average flow rate. The owner or operator shall 
determine the average flow rate for each batch emission episode in 
accordance with one of the procedures provided in paragraphs (e)(1) 
through (e)(2) of this section. The annual average flow rate for a batch 
process vent shall be calculated as specified in paragraph (e)(3) of 
this section.
    (1) Determination of the average flow rate for a batch emission 
episode by direct measurement shall be made using the procedures 
specified in paragraphs (e)(1)(i) through (e)(1)(iii) of this section.
    (i) The volumetric flow rate for a batch emission episode, in 
standard cubic meters per minute (scmm) at 20 deg. C, shall be 
determined using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, as 
appropriate.
    (ii) The volumetric flow rate of a representative batch emission 
episode shall be measured every 15 minutes.
    (iii) The average flow rate for a batch emission episode shall be 
calculated using Equation 14 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.014

where:

AFRepisode = Average flow rate for the batch emission 
episode, scmm.
FRi = Flow rate for individual measurement i, scmm.
n = Number of flow rate measurements taken during the batch emission 
episode.

    (2) The average flow rate for a batch emission episode may be 
determined by engineering assessment, as defined in paragraph (b)(6)(i) 
of this section. All data, assumptions, and procedures used shall be 
documented.
    (3) The annual average flow rate for a batch process vent shall be 
calculated using Equation 15 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.015

where:

AFR = Annual average flow rate for the batch process vent, scmm.
DURi = Duration of type i batch emission episodes annually, 
hrs/yr.
AFRepisode, i = Average flow rate for type i batch emission 
episode, scmm.
n = Number of types of batch emission episodes venting from the batch 
process vent.

    (f) Determination of cutoff flow rate. For each batch process vent, 
the owner

[[Page 932]]

or operator shall calculate the cutoff flow rate using Equation 16 of 
this subpart.

CFR = (0.00437) (AE)-51.6 [Eq. 16]

where:

CFR = Cutoff flow rate, scmm.
AE = Annual TOC or organic HAP emissions, as determined in paragraph 
(b)(8) of this section, kg/yr.

    (g) Group 1/Group 2 status determination. The owner or operator 
shall compare the cutoff flow rate, calculated in accordance with 
paragraph (f) of this section, with the annual average flow rate, 
determined in accordance with paragraph (e)(4) of this section. The 
group determination status for each batch process vent shall be made 
using the criteria specified in paragraphs (g)(1) and (g)(2) of this 
section.
    (1) If the cutoff flow rate is greater than or equal to the annual 
average flow rate of the stream, the batch process vent is classified as 
a Group 1 batch process vent.
    (2) If the cutoff flow rate is less than the annual average flow 
rate of the stream, the batch process vent is classified as a Group 2 
batch process vent.
    (h) Determination of halogenation status. To determine whether a 
batch process vent or an aggregate batch vent stream is halogenated, the 
annual mass emission rate of halogen atoms contained in organic 
compounds shall be calculated using the procedures specified in 
paragraphs (h)(1) through (h)(3) of this section.
    (1) The concentration of each organic compound containing halogen 
atoms (ppmv, by compound) for each batch emission episode shall be 
determined based on any one of the following procedures:
    (i) Process knowledge that no halogens or hydrogen halides are 
present in the process may be used to demonstrate that a batch emission 
episode is nonhalogenated. Halogens or hydrogen halides that are 
unintentionally introduced into the process shall not be considered in 
making a finding that a batch emission episode is nonhalogenated.
    (ii) Engineering assessment as discussed in paragraph (b)(6)(i) of 
this section.
    (iii) Concentration of organic compounds containing halogens and 
hydrogen halides as measured by Method 26 or 26A, 40 CFR part 60, 
appendix A.
    (iv) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (2) The annual mass emissions of halogen atoms for a batch process 
vent shall be calculated using Equation 17 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.016

where:

Ehalogen = Mass of halogen atoms, dry basis, kg/yr.
K = Constant, 0.022 (ppmv)-1 (kg-mole per scm) (minute/yr), 
where standard temperature is 20 deg.C.
AFR = Annual average flow rate of the batch process vent, determined 
according to paragraph (e) of this section, scmm.
Mj, i = Molecular weight of halogen atom i in compound j, kg/
kg-mole.
Lj, i = Number of atoms of halogen i in compound j.
n = Number of halogenated compounds j in the batch process vent.
m = Number of different halogens i in each compound j of the batch 
process vent.
Cavgj = Average annual concentration of halogenated compound 
j in the batch process vent as determined by using Equation 18 of this 
subpart, dry basis, ppmv.

[[Page 933]]

[GRAPHIC] [TIFF OMITTED] TR12SE96.017


where:

DURi = Duration of type i batch emission episodes annually, 
hrs/yr.
Ci = Average concentration of halogenated compound j in type 
i batch emission episode, ppmv.
n = Number of types of batch emission episodes venting from the batch 
process vent.

    (3) The annual mass emissions of halogen atoms for an aggregate 
batch vent stream shall be the sum of the annual mass emissions of 
halogen atoms for all batch process vents included in the aggregate 
batch vent stream.
    (i) Process changes affecting Group 2 batch process vents. Whenever 
process changes, as described in paragraph (i)(1) of this section, are 
made that affect one or more Group 2 batch process vents, the owner or 
operator shall comply with paragraphs (i) (2) and (3) of this section.
    (1) 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 
modification of recovery equipment considered part of the batch unit 
operation as specified in paragraph (a)(2) of this section. An increase 
in the annual number of batch cycles beyond the batch cycle limitation 
constitutes a process change. For purposes of this paragraph (i), 
process changes do not include: process upsets; unintentional, temporary 
process changes; and changes that are within the margin of variation on 
which the original group determination was based.
    (2) For each batch process vent affected by a process change, the 
owner or operator shall redetermine the group status by repeating the 
procedures specified in paragraphs (b) through (g) of this section, as 
applicable; alternatively, engineering assessment, as described in 
paragraph (b)(6)(i) of this section, can be used to determine the 
effects of the process change.
    (3) Based on the results from paragraph (i)(2) of this section, 
owners or operators shall comply with either paragraph (i)(3) (i), (ii), 
or (iii) of this section.
    (i) If the redetermination described in paragraph (i)(2) of this 
section indicates that a Group 2 batch process vent has become a Group 1 
batch process vent as a result of the process change, the owner or 
operator shall submit a report as specified in Sec. 63.1327(b) and shall 
comply with the Group 1 provisions in Sec. 63.1322 through Sec. 63.1327 
in accordance with the compliance schedule described in 
Sec. 63.1335(e)(6)(iii)(D)(2).
    (ii) If the redetermination described in paragraph (i)(2) of this 
section indicates that a Group 2 batch process vent with annual 
emissions less than the level specified in paragraph (d) of this 
section, that is in compliance with Sec. 63.1322(g), now has annual 
emissions greater than or equal to the level specified in paragraph (d) 
of this section but remains a Group 2 batch process vent, the owner or 
operator shall submit a report as specified in Sec. 63.1327(c) and shall 
comply with Sec. 63.1322(f) in accordance with the compliance schedule 
required by Sec. 63.1335(e)(6)(iii)(D)(2).
    (iii) If the redetermination described in paragraph (i)(2) of this 
section indicates no change in group status or no change in the relation 
of annual emissions to the levels specified in paragraph (d) of this 
section, the owner or operator is not required to submit a report, as 
described in Sec. 63.1327(e).
    (j) Process changes to new SAN affected sources using a batch 
process. Whenever process changes, as described in paragraph (j)(1) of 
this section, are made to a new affected source producing SAN using a 
batch process, the owner or operator shall comply with paragraphs (j) 
(2) and (3) of this section.
    (1) Examples of process changes include, but are not limited to, 
changes in production capacity, production rate, feedstock type, or 
catalyst type; replacement, removal, or addition of recovery equipment 
considered part of a batch unit operation, as specified in

[[Page 934]]

paragraph (a)(1) of this section; replacement, removal, or addition of 
control equipment associated with a continuous or batch process vent or 
an aggregate batch vent stream. For purposes of this paragraph (j)(1), 
process changes do not include process upsets or unintentional, 
temporary process changes.
    (2) The owner or operator shall redetermine the percent emission 
reduction achieved using the procedures specified in Sec. 63.1333(c). If 
engineering assessment, as described in paragraph (b)(6)(i) of this 
section, can demonstrate that the process change did not cause the 
percent emission reduction to decrease, it may be used in lieu of 
redetermining the percent reduction using the procedures specified in 
Sec. 63.1333(c).
    (3) Where the redetermined percent reduction is less than 84 
percent, the owner or operator shall submit a report as specified in 
Sec. 63.1327(d) and shall comply with Sec. 63.1322(a)(3) and all 
associated provisions in accordance with the compliance schedule 
described in Sec. 63.1335(e)(6)(iii)(D)(2).



Sec. 63.1324  Batch process vents--monitoring provisions.

    (a) General requirements. Each owner or operator of a batch process 
vent or aggregate batch vent stream that uses a control device to comply 
with the requirements in Sec. 63.1322(a) or Sec. 63.1322(b), shall 
install the monitoring equipment specified in paragraph (c) of this 
section.
    (1) This monitoring equipment shall be in operation at all times 
when batch emission episodes, or portions thereof, that the owner or 
operator has selected to control are vented to the control device, or at 
all times when an aggregate batch vent stream is vented to the control 
device.
    (2) The owner or operator shall operate control devices such that 
monitored parameters remain above the minimum level or below the maximum 
level, as appropriate, established as specified in paragraph (f) of this 
section.
    (b) Continuous process vents. Each owner or operator of a continuous 
process vent that uses a control device or recovery device to comply 
with the requirements in Sec. 63.1322(a)(3) shall comply with the 
applicable requirements of Sec. 63.1315(a) as specified in 
Sec. 63.1321(b).
    (c) Batch process vent and aggregate batch vent stream monitoring 
parameters. The monitoring equipment specified in paragraphs (c)(1) 
through (c)(8) of this section shall be installed as specified in 
paragraph (a) of this section. The parameters to be monitored are 
specified in Table 7 of this subpart.
    (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, 
the 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, ultra-violet beam sensor, or infrared sensor) capable of 
continuously detecting the presence of a pilot flame is required.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, a temperature monitoring device in 
the firebox equipped with a continuous recorder is required. Any boiler 
or process heater in which all batch process vents or aggregate batch 
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 concert with the combustion of halogenated batch process vents 
or halogenated aggregate batch vent streams, the following monitoring 
equipment is required for the scrubber.
    (i) A pH monitoring device equipped with a continuous recorder to 
monitor the pH of the scrubber effluent.
    (ii) A flow meter equipped with a continuous recorder shall be 
located at the scrubber influent to monitor the scrubber liquid flow 
rate.

[[Page 935]]

    (5) Where an absorber is used, a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device are required, 
each equipped with a continuous recorder.
    (6) Where a condenser is used, a condenser exit temperature (product 
side) monitoring device equipped with a continuous recorder is required.
    (7) 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 carbon bed temperature after each 
regeneration and within 15 minutes of completing any cooling cycle are 
required.
    (8) As an alternate to paragraphs (c)(5) through (c)(7) of this 
section, the owner or operator may install an organic monitoring device 
equipped with a continuous recorder.
    (d) Alternative monitoring parameters. An owner or operator of a 
batch process vent or aggregate batch vent stream may request approval 
to monitor parameters other than those required by paragraph (c) of this 
section. The request shall be submitted according to the procedures 
specified in Sec. 63.1335(f). Approval shall be requested if the owner 
or operator:
    (1) Uses a control device other than those included in paragraph (c) 
of this section; or
    (2) Uses one of the control devices included in paragraph (c) of 
this section, but seeks to monitor a parameter other than those 
specified in Table 7 of this subpart and paragraph (c) of this section.
    (e) Monitoring of bypass lines. Owners or operators of a batch 
process vent or aggregate batch vent stream using a vent system that 
contains bypass lines that could divert emissions away from a control 
device used to comply with Sec. 63.1322(a) or Sec. 63.1322(b) shall 
comply with either paragraph (d)(1), (d)(2), or (d)(3) 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 (e).
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.1326(e)(3). The flow indicator shall 
be installed at the entrance to any bypass line that could divert 
emissions away from the control device and to the atmosphere; or
    (2) Secure the bypass line valve in the non-diverting 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 non-diverting 
position and emissions are not diverted through the bypass line. Records 
shall be generated as specified in Sec. 63.1326(e)(4).
    (3) Continuously monitor the bypass line valve position using 
computer monitoring and record any periods when the position of the 
bypass line valve has changed as specified in Sec. 63.1326(e)(4).
    (f) Establishment of parameter monitoring levels. Parameter 
monitoring levels for batch process vents and aggregate batch vent 
streams shall be established as specified in paragraphs (f)(1) through 
(f)(3) of this section. For continuous process vents complying with 
Sec. 63.1322(a)(3), parameter monitoring levels shall be established as 
specified in Sec. 63.1315(a), except as specified in paragraph (f)(4) of 
this section.
    (1) For each parameter monitored under paragraph (c) of this 
section, the owner or operator shall establish a level, defined as 
either a maximum or minimum operating parameter as denoted in Table 8 of 
this subpart, that indicates proper operation of the control device. The 
level shall be established in accordance with the procedures specified 
in Sec. 63.1334.
    (i) For batch process vents using a control device to comply with 
Sec. 63.1322(a)(2), the established level shall reflect the control 
efficiency established as part of the initial compliance demonstration 
specified in Sec. 63.1325(c)(2).
    (ii) For aggregate batch vent streams using a control device to 
comply with Sec. 63.1322(b)(2), the established level shall reflect the 
control efficiency requirement specified in Sec. 63.1322(b)(2).

[[Page 936]]

    (iii) For batch process vents and aggregate batch vent streams using 
a control device to comply with Sec. 63.1322(a)(3), the established 
level shall reflect the control efficiency established as part of the 
initial compliance demonstration specified in Sec. 63.1325(f)(4).
    (2) The established level, along with supporting documentation, 
shall be submitted in the Notification of Compliance Status or the 
operating permit application as required in Sec. 63.1335(e)(5) or 
Sec. 63.1335(e)(8), respectively.
    (3) The operating day shall be defined as part of establishing the 
parameter monitoring level and shall be submitted with the information 
in paragraph (f)(2) of this section. The definition of operating day 
shall specify the times at which an operating day begins and ends. The 
operating day shall not exceed 24 hours.
    (4) For continuous process vents using a control or recovery device 
to comply with Sec. 63.1322(a)(3), the established level shall reflect 
the control efficiency established as part of the initial compliance 
demonstration specified in Sec. 63.1325(f)(4).



Sec. 63.1325  Batch process vents--performance test methods and procedures to determine compliance.

    (a) Use of a flare. When a flare is used to comply with 
Secs. 63.1322 (a)(1), (a)(3), (b)(1), or (b)(3), the owner or operator 
shall comply with the flare provisions in Sec. 63.11(b).
    (b) Exceptions to performance tests. An owner or operator is not 
required to conduct a performance test when a control device specified 
in paragraphs (b)(1) through (b)(5) of this section is used to comply 
with Sec. 63.1322 (a)(2) or (a)(3). Further, if a performance test 
meeting the conditions specified in paragraph (b)(6) of this section has 
been conducted by the owner or operator, the results of said performance 
test may be submitted and a performance test, as required by this 
section, is not required.
    (1) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (2) A boiler or process heater where the 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 a New Source Performance Standard (NSPS) and 
the test was conducted using the same procedures specified in this 
section and no process changes have been made since the test. Recovery 
devices used for controlling emissions from continuous process vents 
complying with Sec. 63.1322(a)(3) are also eligible for the exemption 
described in this paragraph (b)(3).
    (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.
    (5) An incinerator burning hazardous waste for which the owner or 
operator complies with the requirements of 40 CFR part 264, subpart O.
    (6) Performance tests done for other subparts in 40 CFR part 60 or 
part 63 where total organic HAP or TOC was measured, provided the owner 
or operator can demonstrate that operating conditions for the process 
and control device during the performance test are representative of 
current operating conditions.
    (c) Batch process vent testing and procedures for compliance with 
Sec. 63.1322(a)(2). Except as provided in paragraph (b) of this section, 
an owner or operator using a control device to comply with 
Sec. 63.1322(a)(2) shall conduct a performance test using the procedures 
specified in paragraph (c)(1) of this section in order to determine the 
control efficiency of the control device. An owner or operator shall 
determine the percent reduction for the batch cycle using the control 
efficiency of the control device as specified in paragraphs (c)(2)(i) 
through (c)(2)(iii) of this section and the procedures specified in 
paragraph (c)(2) of this section. Compliance may be based on either 
total organic HAP or TOC. For purposes of this paragraph (c) and all 
paragraphs that are part of this paragraph (c), the

[[Page 937]]

term ``batch emission episode'' shall have the meaning ``period of the 
batch emission episode selected for control,'' which may be the entire 
batch emission episode or may only be a portion of the batch emission 
episode.
    (1) Performance tests shall be conducted as specified in paragraphs 
(c)(1)(i) through (c)(1)(v) of this section.
    (i) Except as specified in paragraph (c)(1)(i)(A) of this section, a 
test shall be performed for the entire period of each batch emission 
episode in the batch cycle that the owner or operator selects to control 
as part of achieving the required 90 percent emission reduction for the 
batch cycle specified in Sec. 63.1322(a)(2). Only one test is required 
for each batch emission episode selected by the owner or operator for 
control. The owner or operator shall follow the procedures listed in 
paragraphs (c)(1)(i)(B) through (c)(1)(i)(D) of this section.
    (A) Alternatively, an owner or operator may choose to test only 
those periods of the batch emission episode during which the emission 
rate for the entire episode can be determined or during which the 
emissions are greater than the average emission rate of the batch 
emission episode. The owner or operator choosing 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 batch process 
vent conditions.
    (B) Method 1 or 1A, 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. No traverse is necessary when Method 2A or 2D, 
40 CFR part 60, appendix A is used to determine gas stream volumetric 
flow rate. Inlet sampling sites shall be located as specified in 
paragraphs (c)(1)(i)(B)(1) and (c)(1)(i)(B)(2) of this section. Outlet 
sampling sites shall be located at the outlet of the control device 
prior to release to the atmosphere.
    (1) The control device inlet sampling site shall be located at the 
exit from the batch unit operation before any control device. 
Sec. 63.1323(a)(2) describes those recovery devices considered part of 
the unit operation. Inlet sampling sites would be after these specified 
recovery devices.
    (2) If a batch process vent 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 batch process vents and 
primary and secondary fuels introduced into the boiler or process 
heater.
    (C) Gas stream volumetric flow rate and/or average flow rate shall 
be determined as specified in Sec. 63.1323(e).
    (D) Method 18 or Method 25A, 40 CFR part 60, appendix A shall be 
used to determine the concentration of organic HAP or TOC, as 
appropriate. 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 use of Method 25A, 40 CFR part 
60, appendix A shall comply with paragraphs (c)(1)(i)(D)(1) and 
(c)(1)(i)(D)(2) of this section.
    (1) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (2) The use of Method 25A, 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.
    (ii) If an integrated sample is taken over the entire test period to 
determine TOC or average total organic HAP concentration, emissions per 
batch emission episode shall be calculated using Equations 19 and 20 of 
this subpart.

[[Page 938]]

[GRAPHIC] [TIFF OMITTED] TR12SE96.018


      
    [GRAPHIC] [TIFF OMITTED] TR12SE96.019
    
where:

Eepisode = Inlet or outlet emissions, kg/episode.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
(kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Average inlet or outlet concentration of TOC or sample 
component j of the gas stream for the batch emission episode, dry basis, 
ppmv.
Mj = Molecular weight of TOC or sample component j of the gas 
stream, gm/gm-mole.
AFR = Average inlet or outlet flow rate of gas stream for the batch 
emission episode, dry basis, scmm.
Th = Hours/episode
n = Number of organic HAP in stream.

    Note: Summation not required if TOC emissions are being estimated 
using a TOC concentration measured using Method 25A, 40 CFR part 60, 
appendix A.

    (iii) If grab samples are taken to determine TOC or total organic 
HAP concentration, emissions shall be calculated according to paragraphs 
(c)(1)(iii) (A) and (B) of this section.
    (A) For each measurement point, the emission rates shall be 
calculated using Equations 21 and 22 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.020

      
    [GRAPHIC] [TIFF OMITTED] TR12SE96.021
    
where:

Epoint = Inlet or outlet emission rate for the measurement 
point, kg/hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
(kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Inlet or outlet concentration of TOC or sample organic 
HAP component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
j of the gas stream, gm/gm-mole.

[[Page 939]]

FR = Inlet or outlet flow rate of gas stream for the measurement point, 
dry basis, scmm.
n = Number of organic HAP in stream.

    Note: Summation not required if TOC emissions are being estimated 
using a TOC concentration measured using Method 25A, 40 CFR part 60, 
appendix A.

    (B) The emissions per batch emission episode shall be calculated 
using Equations 23 and 24 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.022

      
    [GRAPHIC] [TIFF OMITTED] TR12SE96.023
    
where:

Eepisode = Inlet or outlet emissions, kg/episode.
DUR = Duration of the batch emission episode, hr/episode.
Epoint, i = Inlet or outlet emissions for measurement point 
i, kg/hr.
n = Number of measurements.

    (iv) The control efficiency for the control device shall be 
calculated using Equation 25 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.024

where:

R = Control efficiency of control device, percent.
Einlet = Mass rate of TOC or total organic HAP for batch 
emission episode i at the inlet to the control device as calculated 
under paragraph (c)(1)(ii) or (c)(1)(iii) of this section, kg/hr.
Eoutlet = Mass rate of TOC or total organic HAP for batch 
emission episode i at the outlet of the control device, as calculated 
under paragraph (c)(1)(ii) or (c)(1)(iii) of this section, kg/hr.
n = Number of batch emission episodes in the batch cycle selected to be 
controlled.

    (v) If the batch process vent 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 across the device shall be determined by 
comparing the TOC or total organic HAP in all combusted batch process 
vents and primary and secondary fuels with the TOC or total organic HAP 
exiting the combustion device, respectively.

[[Page 940]]

    (2) The percent reduction for the batch cycle shall be determined 
using Equation 26 of this subpart and the control device efficiencies 
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section. 
All information used to calculate the batch cycle percent reduction, 
including a definition of the batch cycle identifying all batch emission 
episodes, must be recorded as specified in Sec. 63.1326(b)(2). This 
information shall include identification of those batch emission 
episodes, or portions thereof, selected for control.
[GRAPHIC] [TIFF OMITTED] TR12SE96.025

where:

PR = Percent reduction
Eunc = Mass rate of TOC or total organic HAP for uncontrolled 
batch emission episode i, kg/hr.
Einlet,con = Mass rate of TOC or total organic HAP for 
controlled batch emission episode i at the inlet to the control device, 
kg/hr.
R = Control efficiency of control device as specified in paragraphs 
(c)(2) (i) through (c) (2)(iii) of this section.
n = Number of uncontrolled batch emission episodes, controlled batch 
emission episodes, and control devices. The value of n is not 
necessarily the same for these three items.

    (i) If a performance test is required by paragraph (c) of this 
section, the control efficiency of the control device shall be as 
determined in paragraph (c)(1)(iv) of this section.
    (ii) If a performance test is not required by paragraph (c) of this 
section for a combustion control device, as specified in paragraph (b) 
of this section, the control efficiency shall be 98 percent. The control 
efficiency for a flare shall be 98 percent.
    (iii) If a performance test is not required by paragraph (c) of this 
section for a noncombustion control device, the control efficiency shall 
be determined by the owner or operator based on engineering assessment.
    (d) Batch process vent and aggregate batch vent stream testing for 
compliance with Sec. 63.1322(c) [halogenated emission streams]. An owner 
or operator controlling halogenated emissions in compliance with 
Sec. 63.1322(c) shall conduct a performance test to determine compliance 
with the control efficiency specified in Sec. 63.1322(c)(1) or the 
emission limit specified in Sec. 63.1322(c)(2) for hydrogen halides and 
halogens.
    (1) Sampling sites shall be located at the inlet and outlet of the 
scrubber or other control device used to reduce halogen emissions in 
complying with Sec. 63.1322(c)(1) or at the outlet of the control device 
used to reduce halogen emissions in complying with Sec. 63.1322(c)(2).
    (2) The mass emissions of each hydrogen halide and halogen compound 
for the batch cycle or aggregate batch vent stream shall be calculated 
from the measured concentrations and the gas stream flow rate(s) 
determined by the procedures specified in paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section except as specified in paragraph (d)(5) of 
this section.
    (i) Method 26 or Method 26A, 40 CFR part 60, appendix A, shall be 
used to determine the concentration, in Mg per dry scm, of total 
hydrogen halides and halogens present in the emissions stream.
    (ii) Gas stream volumetric flow rate and/or average flow rate shall 
be determined as specified in Sec. 63.1323(e).
    (3) To determine compliance with the percent reduction specified in 
Sec. 63.1322(c)(1), 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 any

[[Page 941]]

hydrogen halides or halogens present at the outlet of the scrubber or 
other control device shall be summed together. Percent reduction shall 
be determined by subtracting the outlet mass emissions from the inlet 
mass emissions and then dividing the result by the inlet mass emissions.
    (4) To determine compliance with the emission limit specified in 
Sec. 63.1322(c)(2), the annual mass emissions for any hydrogen halides 
and halogens present at the outlet of the control device and prior to 
any combustion device shall be summed together and compared to the 
emission limit specified in Sec. 63.1322(c)(2).
    (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) Aggregate batch vent stream testing for compliance with 
Sec. 63.1322 (b)(2) or (b)(3). Owners or operators of aggregate batch 
vent streams complying with Sec. 63.1322 (b)(2) or (b)(3) shall conduct 
a performance test using the performance testing procedures for 
continuous process vents in Sec. 63.116(c). For the purposes of this 
subpart, when the provisions of Sec. 63.116(c) specify that Method 18, 
40 CFR part 60, appendix A, shall be used, Method 18 or Method 25A, 40 
CFR part 60, appendix A, may be used. The use of Method 25A, 40 CFR part 
60, appendix A, shall comply with paragraphs (e)(1) and (e)(2) of this 
section.
    (1) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (2) The use of Method 25A, 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.
    (f) Compliance with Sec. 63.1322(a)(3) [new SAN batch affected 
sources]. Except as provided in paragraph (b) of this section, an owner 
or operator using a control or recovery device to comply with the 
percent reduction requirement in Sec. 63.1322(a)(3) shall conduct 
performance tests as specified in either paragraph (f)(1), (f)(2), or 
(f)(3) of this section, as applicable. Compliance with 
Sec. 63.1322(a)(3) shall be determined as specified in paragraph (f)(4) 
of this section.
    (1) For batch process vents, performance tests shall be conducted 
using the procedures specified in paragraph (c) of this section, except 
that the owner or operator is not required to determine the percent 
reduction for the batch cycle as specified in paragraph (c)(2) of this 
section.
    (2) For continuous process vents, performance tests shall be 
conducted as required by the applicable requirements of Sec. 63.1315(a) 
as specified in Sec. 63.1321(b).
    (3) For aggregate batch vent streams, performance tests shall be 
conducted as specified in paragraph (e) of this section.
    (4) Compliance with the percent reduction requirement of 
Sec. 63.1322(a)(3) shall be demonstrated using the procedures specified 
in Sec. 63.1333(c) and the control device efficiencies specified in 
either paragraph (f)(4)(i) or (f)(4)(ii) of this section. Emissions for 
uncontrolled continuous process vents and aggregate batch vent streams 
shall be determined based on the direct measurement procedures specified 
in paragraph (f)(2) and (f)(3) of this section, respectively, or based 
on engineering assessment, as specified in Sec. 63.1323(b)(6)(i). At the 
discretion of the owner or operator, emissions for uncontrolled batch 
process vents shall be determined based on any of the procedures in 
Sec. 63.1323(b).
    (i) For noncombustion devices, the control efficiency shall be as 
determined by the performance test required by paragraph (f)(1), (f)(2), 
or (f)(3) of this section. Alternatively, if a performance test is not 
required by paragraph (c) of this section, the control efficiency shall 
be determined by the owner or operator based on engineering assessment.
    (ii) For combustion devices, the control efficiency shall be as 
determined by the performance test required by paragraph (f)(1), (f)(2), 
or (f)(3) of this section. Alternatively, if a performance test is not 
required, the control

[[Page 942]]

efficiency shall be 98 percent. The control efficiency for a flare shall 
be 98 percent.
    (g) Batch cycle limitation. The batch cycle limitation required by 
Sec. 63.1322 (f) and (g) shall be established as specified in paragraph 
(g)(1) of this section and shall include the elements specified in 
paragraph (g)(2) of this section.
    (1) The batch cycle limitation shall be determined by the owner or 
operator such that annual emissions for the batch process vent remain 
less than the level specified in Sec. 63.1323(d) when complying with 
Sec. 63.1322(g). Alternatively, when complying with Sec. 63.1322(f), the 
batch cycle limitation shall ensure that annual emissions remain at a 
level such that said batch process vent remains a Group 2 batch process 
vent, given the actual annual flow rate for said batch process vent 
determined according to the procedures specified in Sec. 63.1323(e). The 
batch cycle limitation shall be determined using the same basis, as 
described in Sec. 63.1323(a)(1), used to make the group determination 
(i.e., expected mix of products or worst-case HAP emitting product). The 
establishment of the batch cycle limitation is not dependent upon any 
past production or activity level.
    (i) If the expected mix of products serves as the basis for the 
batch cycle limitation, the batch cycle limitation shall be determined 
such that any foreseeable combination of products which the owner or 
operator desires the flexibility to manufacture shall be allowed. 
Combinations of products not accounted for in the documentation required 
by paragraph (g)(2)(iv) of this section shall not be allowed within the 
restrictions of the batch cycle limitation.
    (ii) If, for a batch process vent with more than one product, a 
single worst-case HAP emitting product serves as the basis for the batch 
cycle limitation, the batch cycle limitation shall be determined such 
that the maximum number of batch cycles the owner or operator desires 
the flexibility to accomplish, using the worst-case HAP emitting product 
and ensuring that the batch process vent remains a Group 2 batch process 
vent or that emissions remain less than the level specified in 
Sec. 63.1323(d), shall be allowed. This value shall be the total number 
of batch cycles allowed within the restrictions of the batch cycle 
limitation regardless of which products are manufactured.
    (2) Documentation supporting the establishment of the batch cycle 
limitation shall include the information specified in paragraphs 
(g)(2)(i) through (g)(2)(v) of this section, as appropriate.
    (i) Identification that the purpose of the batch cycle limitation is 
to comply with Sec. 63.1322 (f)(1) or (g)(1).
    (ii) Identification that the batch cycle limitation is based on a 
single worst-case HAP emitting product or on the expected mix of 
products for said batch process vent as allowed under 
Sec. 63.1323(a)(1).
    (iii) Definition of operating year for purposes of determining 
compliance with the batch cycle limitation.
    (iv) If the batch cycle limitation is based on a single worst-case 
HAP emitting product, documentation specified in Sec. 63.1323 (a)(1)(ii) 
through (a)(1)(iv), as appropriate, describing how the single product 
meets the requirements for worst-case HAP emitting product and the 
number of batch cycles allowed under the batch cycle limitation.
    (v) If the batch cycle limitation is based on the expected mix of 
products, the owner or operator shall provide documentation that 
describes as many scenarios for differing mixes of products (i.e., how 
many batch cycles for each product) that the owner or operator desires 
the flexibility to accomplish. Alternatively, the owner or operator 
shall provide a description of the relationship among the mix of 
products that will allow a determination of compliance with the batch 
cycle limitation under an infinite number of scenarios. For example, if 
a batch process vent has two products, each product has the same flow 
rate and emits for the same amount of time, and product No. 1 has twice 
the emissions as product No. 2, the relationship describing an infinite 
number of scenarios would be that the owner or operator can accomplish 
two batch cycles of product No. 2 for each batch cycle of product No. 1 
within the restriction of the batch cycle limitation.

[[Page 943]]



Sec. 63.1326  Batch process vents--recordkeeping provisions.

    (a) Group determination records for batch process vents. Except as 
provided in paragraphs (a)(7) through (a)(9) of this section, each owner 
or operator of an affected source shall maintain the records specified 
in paragraphs (a)(1) through (a)(6) of this section for each batch 
process vent subject to the group determination procedures of 
Sec. 63.1323. Except for paragraph (a)(1) of this section, the records 
required by this paragraph (a) are restricted to the information 
developed and used to make the group determination under Sec. 63.1323(b) 
through Sec. 63.1323(g), as appropriate. The information required by 
paragraph (a)(1) of this section is required for all batch process vents 
subject to the group determination procedures of Sec. 63.1323. If an 
owner or operator did not need to develop certain information (e.g., 
annual average flow rate) to determine the group status, this paragraph 
(a) does not require that additional information be developed.
    (1) An identification of each unique product that has emissions from 
one or more batch emission episodes venting from the batch process vent.
    (2) A description of, and an emission estimate for, each batch 
emission episode, and the total emissions associated with one batch 
cycle for each unique product identified in paragraph (a)(1) of this 
section that was considered in making the group determination under 
Sec. 63.1323.
    (3) Total annual uncontrolled TOC or organic HAP emissions, 
determined at the exit from the batch unit operation before any control 
device, determined in accordance with Sec. 63.1323(b).
    (i) For Group 2 batch process vents, said emissions shall be 
determined at the batch cycle limitation.
    (ii) For Group 1 batch process vents, said emissions shall be those 
used to determine the group status of the batch process vent.
    (4) The annual average flow rate for the batch process vent, 
determined in accordance with Sec. 63.1323(e).
    (5) The cutoff flow rate, determined in accordance with 
Sec. 63.1323(f).
    (6) The results of the batch process vent group determination, 
conducted in accordance with Sec. 63.1323(g).
    (7) If a batch process vent is in compliance with Sec. 63.1322 (a) 
or (b) and the control device is operating at all times when batch 
emission episodes are venting from the batch process vent, none of the 
records in paragraphs (a)(1) through (a)(6) of this section are 
required.
    (8) If a batch process vent is in compliance with Sec. 63.1322 (a) 
or (b), but the control device is operated only during selected batch 
emission episodes, only the records in paragraphs (a)(1) through (a)(3) 
of this section are required.
    (9) If the total annual emissions from the batch process vent are 
less than the appropriate level specified in Sec. 63.1323(d), only the 
records in paragraphs (a)(1) through (a)(3) of this section are 
required.
    (b) Compliance demonstration records. Each owner or operator of a 
batch process vent or aggregate batch vent stream complying with 
Sec. 63.1322 (a) or (b), shall keep the following records, as 
applicable, up-to-date and readily accessible:
    (1) The annual mass emissions of halogen atoms in the batch process 
vent or aggregate batch vent stream determined according to the 
procedures specified in Sec. 63.1323(h);
    (2) If a batch process vent is in compliance with 
Sec. 63.1322(a)(2), records documenting the batch cycle percent 
reduction as specified in Sec. 63.1325(c)(2); and
    (3) When using a flare to comply with Sec. 63.1322 (a)(1), (a)(3), 
(b)(1), or (b)(3):
    (i) The 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. 63.1325(a); and
    (iii) All periods during the compliance determination required by 
Sec. 63.1325(a) when the pilot flame is absent.
    (4) The following information when using a control device to achieve 
compliance with Sec. 63.1322 (a)(2), (a)(3), (b)(2), or (b)(3):
    (i) For an incinerator or non-combustion control device, the percent 
reduction of organic HAP or TOC achieved,

[[Page 944]]

as determined using the procedures specified in Sec. 63.1325(c) for 
batch process vents and Sec. 63.1325(e) for aggregate batch vent 
streams;
    (ii) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater;
    (iii) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the 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 
achieved, as determined using the procedures specified in 
Sec. 63.1325(c) for batch process vents and Sec. 63.1325(e) for 
aggregate batch vent streams; and
    (iv) For a scrubber or other control device following a combustion 
device to control halogenated batch process vents or halogenated 
aggregate batch vent streams, the percent reduction of total hydrogen 
halides and halogens as determined under Sec. 63.1325(d)(3) or the 
emission limit determined under Sec. 63.1325(d)(4).
    (c) Establishment of parameter monitoring level records. For each 
parameter monitored according to Sec. 63.1324(c) and Table 7 of this 
subpart, or for alternate parameters and/or parameters for alternate 
control devices monitored according to Sec. 63.1327(f) as allowed under 
Sec. 63.1324(d), maintain documentation showing the establishment of the 
level that indicates proper operation of the control device as required 
by Sec. 63.1324(f) for parameters specified in Sec. 63.1324(c) and as 
required by Sec. 63.1335(e) for alternate parameters. Said documentation 
shall include the parameter monitoring data used to establish the level.
    (d) Group 2 batch process vent continuous compliance records. The 
owner or operator of a Group 2 batch process vent shall comply with 
either paragraph (d)(1) or (d)(2) of this section, as appropriate.
    (1) The owner or operator of a Group 2 batch process vent complying 
with Sec. 63.1322(g) shall keep the following records up-to-date and 
readily accessible:
    (i) Records designating the established batch cycle limitation 
required by Sec. 63.1322(g)(1) and specified in Sec. 63.1325(g).
    (ii) Records specifying the number and type of batch cycles 
accomplished for each three month period.
    (2) The owner or operator of a Group 2 batch process vent complying 
with Sec. 63.1322(f) shall keep the following records up-to-date and 
readily accessible:
    (i) Records designating the established batch cycle limitation 
required by Sec. 63.1322(f)(1) and specified in Sec. 63.1325(g).
    (ii) Records specifying the number and type of batch cycles 
accomplished for each three month period.
    (e) Controlled batch process vent continuous compliance records. 
Each owner or operator of a batch process vent that uses a control 
device to comply with Sec. 63.1322(a) shall keep the following records, 
as applicable, up-to-date and readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.1324(c) as applicable, and 
listed in Table 7 of this subpart, or specified by the Administrator in 
accordance with Sec. 63.1327(f) as allowed under Sec. 63.1324(d). Said 
records shall be kept as specified under Sec. 63.1335(d), except as 
specified in paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
    (i) For flares, the records specified in Table 7 of this subpart 
shall be kept rather than averages.
    (ii) For carbon adsorbers, the records specified in Table 7 of this 
subpart shall be kept rather than averages.
    (2) Records of the batch cycle daily average value of each 
continuously monitored parameter, except as provided in paragraph 
(e)(2)(iii) of this section, as calculated using the procedures 
specified in paragraphs (e)(2)(i) through (e)(2)(ii) of this section.
    (i) The batch cycle daily average shall be calculated as the average 
of all parameter values measured for an operating day during those batch 
emission episodes, or portions thereof, in the batch cycle that the 
owner or operator has selected to control.
    (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 batch cycle 
daily averages.

[[Page 945]]

    (iii) If all recorded values for a monitored parameter during an 
operating day are above the minimum or below the maximum level 
established in accordance with Sec. 63.1324(f), the owner or operator 
may record that all values were above the minimum or below the maximum 
level established rather than calculating and recording a batch cycle 
daily average for that operating day.
    (3) Hourly records of whether the flow indicator for bypass lines 
specified in Sec. 63.1324(e)(1) was operating and whether a diversion 
was detected at any time during the hour. Also, records of the times of 
all periods when the vent is diverted from the control device or the 
flow indicator specified in Sec. 63.1324(e)(1) is not operating.
    (4) Where a seal or closure mechanism is used to comply with 
Sec. 63.1324(e)(2) or where computer monitoring of the position of the 
bypass valve is used to comply with Sec. 63.1324(e)(3), hourly records 
of flow are not required.
    (i) For compliance with Sec. 63.1324(e)(2), the owner or operator 
shall record whether the monthly visual inspection of the seals or 
closure mechanisms has been done, and shall record the occurrence 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 configuration 
has been checked out, and records of any car-seal that has broken.
    (ii) For compliance with Sec. 63.1324(e)(3), the owner or operator 
shall record the times of all periods when the bypass line valve 
position has changed.
    (5) Records specifying the times and duration of periods of 
monitoring system breakdowns, repairs, calibration checks, and zero 
(low-level) and high-level adjustments. In addition, records specifying 
any other periods of process or control device operation when monitors 
are not operating.
    (f) Aggregate batch vent stream continuous compliance records. In 
addition to the records specified in paragraphs (b) and (c) of this 
section, each owner or operator of an aggregate batch vent stream using 
a control device to comply with Sec. 63.1322(b) shall keep records in 
accordance with the requirements for continuous process vents in 
Sec. 63.118 (a) and (b), as applicable and as appropriate, except that 
when complying with Sec. 63.118(b), owners or operators shall disregard 
statements concerning TRE index values for the purposes of this subpart.



Sec. 63.1327  Batch process vents--reporting requirements.

    (a) The owner or operator of a batch process vent or aggregate batch 
vent stream at an affected source shall submit the information specified 
in paragraphs (a)(1) through (a)(4) of this section, as appropriate, as 
part of the Notification of Compliance Status specified in 
Sec. 63.1335(e)(5).
    (1) For each batch process vent complying Sec. 63.1322(a) and each 
aggregate batch vent stream complying Sec. 63.1322(b), the information 
specified in Sec. 63.1326 (b) and (c), as applicable.
    (2) For each Group 2 batch process vent with annual emissions less 
than the level specified in Sec. 63.1323(d), the information specified 
in Sec. 63.1326(d)(1)(i).
    (3) For each Group 2 batch process vent with annual emissions 
greater than or equal to the level specified in Sec. 63.1323(d), the 
information specified in Sec. 63.1326(d)(2)(i).
    (4) For each batch process vent subject to the group determination 
procedures, the information specified in Sec. 63.1326(a), as 
appropriate.
    (b) Whenever a process change, as defined in Sec. 63.1323(i)(1), is 
made that causes a Group 2 batch process vent to become a Group 1 batch 
process vent, the owner or operator shall submit a report within 180 
operating days after the process change is made or the information 
regarding the process change is known to the owner or operator. This 
report may be included in the next Periodic Report, as specified in 
Sec. 63.1335(e)(6)(iii)(D)(2). The following information shall be 
submitted:
    (1) A description of the process change; and
    (2) A schedule for compliance with the provisions of Sec. 63.1322 
(a) or (b), as appropriate, as required under 
Sec. 63.1335(e)(6)(iii)(D)(2).
    (c) Whenever a process change, as defined in Sec. 63.1323(i)(1), is 
made that causes a Group 2 batch process vent with annual emissions less 
than the level specified in Sec. 63.1323(d) that is in

[[Page 946]]

compliance with Sec. 63.1322(g) to have annual emissions greater than or 
equal to the level specified in Sec. 63.1323(d) but remains a Group 2 
batch process vent, the owner or operator shall submit a report within 
180 operating days after the process change is made or the information 
regarding the process change is known to the owner or operator. This 
report may be included in the next Periodic Report, as specified in 
Sec. 63.1335(e)(6)(iii)(D)(2). The following information shall be 
submitted:
    (1) A description of the process change;
    (2) The results of the redetermination of the annual emissions, 
average flow rate, and cutoff flow rate required under Sec. 63.1323(i) 
and recorded under Sec. 63.1326 (a)(3) through (a)(5); and
    (3) The batch cycle limitation determined in accordance with 
Sec. 63.1322(f)(1).
    (d) Whenever a process change, as defined in Sec. 63.1323(j)(1), is 
made that causes the percent reduction for all process vents at a new 
SAN affected source using a batch process to be less than 84 percent, 
the owner or operator shall submit a report within 180 operating days 
after the process change is made or the information regarding the 
process change is known to the owner or operator. This report may be 
included in the next Periodic Report, as specified in 
Sec. 63.1335(e)(6)(iii)(D)(2). The following information shall be 
submitted:
    (1) A description of the process change; and
    (2) A schedule for compliance with the provisions of 
Sec. 63.1322(a)(3), as required under Sec. 63.1335(e)(6)(iii)(D)(2).
    (e) The owner or operator is not required to submit a report of a 
process change if one of the conditions specified in paragraphs (e)(1) 
and (e)(2) of this section is met.
    (1) The process change does not meet the description of a process 
change in Sec. 63.1323 (i) or (j).
    (2) The redetermined group status remains Group 2 for an individual 
batch process vent with annual emissions greater than or equal to the 
level specified in Sec. 63.1323(d), a Group 2 batch process vent with 
annual emissions less than the level specified in Sec. 63.1323(d) 
complying with Sec. 63.1322(g) continues to have emissions less than the 
level specified in Sec. 63.1323(d), or the achieved emission reduction 
remains at 84 percent or greater for new SAN affected sources using a 
batch process.
    (f) If an owner or operator uses a control device other than those 
specified in Sec. 63.1324(c) and listed in Table 7 of this subpart or 
requests approval to monitor a parameter other than those specified 
Sec. 63.1324(c) and listed in Table 7 of this subpart, the owner or 
operator shall submit a description of planned reporting and 
recordkeeping procedures, as specified in Sec. 63.1335(f), as part of 
the Precompliance Report required under Sec. 63.1335(e)(3). The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the Precompliance Report.
    (g) Owners or operators complying with Sec. 63.1324(e), shall comply 
with paragraph (g)(1) or (g)(2) of this section, as appropriate.
    (1) Reports of the times of all periods recorded under 
Sec. 63.1326(e)(3) when the batch process vent is diverted from the 
control device through a bypass line.
    (2) Reports of all occurrences recorded under Sec. 63.1326(e)(4) 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.



Sec. 63.1328  Heat exchange systems provisions.

    (a) This section applies to each affected source with the exception 
of each process contact cooling tower that is associated with an 
affected source manufacturing PET. The owner or operator of said 
affected source shall comply with Sec. 63.104, with the differences 
noted in paragraphs (b) through (d) of this section, for the purposes of 
this subpart.
    (b) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Sec. 63.104(b), the Periodic Report 
requirements contained in Sec. 63.1335(e)(6) shall apply for the 
purposes of this subpart.
    (c) When an owner or operator invokes the delay of repair provisions 
as specified in Sec. 63.104(b)(3), the information required by 
Sec. 63.104 (b)(4)(i) through (b)(4)(v) shall be included in the next 
semi-annual Periodic Report

[[Page 947]]

required under Sec. 63.1335(e)(6), for the purposes of this subpart. If 
the leak remains unrepaired, the information shall also be submitted in 
each subsequent Periodic Report, until the repair of the leak is 
reported.
    (d) The compliance date for heat exchange systems subject to the 
provisions of this section is specified in Sec. 63.1311.



Sec. 63.1329  Process contact cooling towers provisions.

    (a) This section applies to each new affected source that 
manufactures PET and each existing affected source that manufactures PET 
using a continuous terephthalic acid high viscosity multiple end 
finisher process. The owner or operator a new affected source shall 
comply with paragraph (b) of this section. The owner or operator of an 
existing affected source that manufactures PET using a continuous 
terephthalic acid high viscosity multiple end finisher process shall 
comply with paragraph (c) of this section. The compliance data for 
process contact cooling towers subject to the provisions of this section 
is specified in Sec. 63.1311.
    (b) New affected source requirements. The owner or operator of a new 
affected source subject to this section shall comply with paragraphs 
(b)(1) through (b)(2) of this section.
    (1) The owner or operator of a new affected source subject to this 
section shall not send contact condenser effluent associated with a 
vacuum system to a process contact cooling tower.
    (2) The owner or operator of a new affected source subject to this 
section shall indicate in the Notification of Compliance Status, as 
required in Sec. 63.1335(e)(5), that contact condenser effluent 
associated with vacuum systems is not sent to process contact cooling 
towers.
    (c) Existing affected source requirements. The owner or operator of 
an existing affected source subject to this section who manufactures PET 
using a continuous terephthalic acid high viscosity multiple end 
finisher process, and who is subject or becomes subject to 40 CFR part 
60, subpart DDD, shall maintain an ethylene glycol concentration in the 
cooling tower at or below 4.0 percent by weight averaged on a daily 
basis over a rolling 14-day period of operating days. Compliance with 
this paragraph (c) shall be determined as specified in paragraphs (c)(1) 
through (c)(4) of this section.
    (1) To determine the ethylene glycol concentration, owners or 
operators shall follow the procedures specified in 40 CFR 60.564(j)(1), 
except as provided in paragraph (c)(2) of this section.
    (i) At least one sample per operating day shall be collected using 
the procedures specified in 40 CFR 60.564(j)(1)(i). An average ethylene 
glycol concentration by weight shall be calculated on a daily basis over 
a rolling 14-day period of operating days. Each daily average ethylene 
glycol concentration so calculated constitutes a performance test. 
Exceedance of the standard during the reduced testing program specified 
in paragraph (b)(1)(ii) of this section is a violation of these 
standards.
    (ii) The owner or operator may elect to reduce the sampling program 
to any 14 consecutive day period once every two calendar months, if at 
least seventeen consecutive 14-day rolling average concentrations 
immediately preceding the reduced sampling program are each less than 
1.2 weight percent ethylene glycol. If the average concentration 
obtained over the 14 day sampling during the reduced test period exceeds 
the upper 95 percent confidence interval calculated from the most recent 
test results in which no one 14-day average exceeded 1.2 weight percent 
ethylene glycol, then the owner or operator shall reinstitute a daily 
sampling program. The 95 percent confidence interval shall be calculated 
as specified in paragraph (b)(1)(iii) of this section. A reduced program 
may be reinstituted if the requirements specified in this paragraph 
(c)(1)(ii) are met.
    (iii) The upper 95 percent confidence interval shall be calculated 
using the Equation 27 of this subpart:

[[Page 948]]

[GRAPHIC] [TIFF OMITTED] TR12SE96.026


where:

Xi = daily ethylene glycol concentration for each day used to 
calculate each 14-day rolling average used in test results to justify 
implementing the reduced testing program.
n = number of ethylene glycol concentrations.

    (2) Measuring an alternative parameter, such as carbon oxygen demand 
or biological oxygen demand, that is demonstrated to be directly 
proportional to the ethylene glycol concentration shall be allowed. Such 
parameter shall be measured during the initial 14-day performance test 
during which the facility is shown to be in compliance with the ethylene 
glycol concentration standard whereby the ethylene glycol concentration 
is determined using the procedures described in paragraph (b)(1) of this 
section. The alternative parameter shall be measured on a daily basis 
and the average value of the alternative parameter shall be calculated 
on a daily basis over a rolling 14-day period of operating days. Each 
daily average value of the alternative parameter constitutes a 
performance test.
    (3) During each performance test, daily measurement and daily 
average 14-day rolling averages of the ethylene glycol concentration in 
the cooling tower water shall be recorded. For the initial performance 
test, these records shall be submitted in the Notification of Compliance 
Status report.
    (4) All periods when the 14-day rolling average exceeds the standard 
shall be reported in the Periodic Report.



Sec. 63.1330  Wastewater provisions.

    (a) The owner or operator of each affected source shall comply with 
the requirements of Secs. 63.131 through 63.148, with the differences 
noted in paragraphs (a)(1) through (a)(12) of this section for the 
purposes of this subpart.
    (1) When the determination of equivalence criteria in Sec. 63.102(b) 
is referred to in Secs. 63.132, 63.133, and 63.137, the provisions in 
Sec. 63.6(g) shall apply.
    (2) When the storage tank requirements contained in Secs. 63.119 
through 63.123 are referred to in Secs. 63.132 through 63.148, 
Secs. 63.119 through 63.123 are applicable, with the exception of the 
differences referred to in Sec. 63.1314, for the purposes of this 
subpart.
    (3) When the owner or operator requests to use alternatives to the 
continuous operating parameter monitoring and recordkeeping provisions 
referred to in Sec. 63.151(g), or the owner or operator submits an 
operating permit application instead of an Implementation Plan as 
specified in Sec. 63.152(e), as referred to in Sec. 63.146(a)(3), 
Sec. 63.1335(g) and Sec. 63.1335(e)(8), respectively, shall apply for 
the purposes of this subpart.
    (4) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.146 and 63.147, 
the Notification of Compliance Status requirements contained in 
Sec. 63.1335(e)(5) shall apply for the purposes of this subpart.
    (5) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Secs. 63.146 and 63.147, the Periodic 
Report requirements contained in Sec. 63.1335(e)(6) shall apply for the 
purposes of this subpart.
    (6) When the Initial Notification Plan requirements in 
Sec. 63.151(b) are referred to in Sec. 63.146, the owner or operator of 
an affected source subject to this subpart need not comply for the 
purposes of this subpart.
    (7) When the Implementation Plan requirements contained in 
Sec. 63.151 are referred to in Sec. 63.146, the owner or operator of an 
affected source subject to this subpart need not comply for the purposes 
of this subpart.
    (8) When the term ``range'' is used in Sec. 63.143(f), the term 
``level'' shall be used instead for the purposes of this subpart. This 
level shall be determined using the procedures specified in 
Sec. 63.1334.

[[Page 949]]

    (9) For the purposes of this subpart, owners or operators are not 
required to comply with the provisions of Sec. 63.138(e)(2) which 
specify that owners or operators shall demonstrate that 95 percent of 
the mass of HAP, as listed in Table 9 of subpart G of this part, is 
removed from the wastewater stream or combination of wastewater streams 
by the procedure specified in Sec. 63.145(i) for a biological treatment 
unit.
    (10) For the purposes of this subpart, owners or operators are not 
required to comply with the provisions of Sec. 63.138(j)(3) which 
specify that owners or operators shall use the procedures specified in 
appendix C of this part to demonstrate compliance when using a 
biological treatment unit.
    (11) When the provisions of Sec. 63.139(c)(1)(ii) or the provisions 
of Sec. 63.145(e)(2)(ii)(B) specify that Method 18, 40 CFR part 60, 
appendix A, shall be used, Method 18 or Method 25A, 40 CFR part 60, 
appendix A, may be used for the purposes of this subpart. The use of 
Method 25A, 40 CFR part 60, appendix A, shall comply with paragraphs 
(a)(11)(i) and (a)(11)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 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.
    (12) The compliance date for the affected source subject to the 
provisions of this section is specified in Sec. 63.1311.
    (b) For each affected source, the owner or operator shall comply 
with the requirements for maintenance wastewater in Sec. 63.105, except 
that when Sec. 63.105(a) refers to ``organic HAPs,'' the definition of 
organic HAP in Sec. 63.1312 shall apply for the purposes of this 
subpart.



Sec. 63.1331  Equipment leak provisions.

    (a) Except as provided for in paragraphs (b) and (c) of this 
section, the owner or operator of each affected source shall comply with 
the requirements of subpart H of this part, with the differences noted 
in paragraphs (a)(1) through (a)(9) of this section.
    (1) For an affected source producing polystyrene resin, the 
indications of liquids dripping, as defined in subpart H of this part, 
from bleed ports in pumps and agitator seals in light liquid service 
shall not be considered to be a leak. For purposes of this subpart, a 
``bleed port'' is a technologically-required feature of the pump or seal 
whereby polymer fluid used to provide lubrication and/or cooling of the 
pump or agitator shaft exits the pump, thereby resulting in a visible 
dripping of fluid.
    (2) The compliance date for the equipment leak provisions contained 
in this section is provided in Sec. 63.1311.
    (3) Owners and operators of an affected source subject to this 
subpart are not required to submit the Initial Notification required by 
Sec. 63.182(a)(1) and Sec. 63.182(b).
    (4) The Notification of Compliance Status required by paragraphs 
Sec. 63.182(a)(2) and Sec. 63.182(c) shall be submitted within 150 days 
(rather than 90 days) of the applicable compliance date specified in 
Sec. 63.1311 for the equipment leak provisions. Said notification can be 
submitted as part of the Notification of Compliance Status required by 
Sec. 63.1335(e)(5).
    (5) The Periodic Reports required by Sec. 63.182(a)(3) and 
Sec. 63.182(d) may be submitted as part of the Periodic Reports required 
by Sec. 63.1335(e)(6).
    (6) For an affected source producing PET, an owner or operator shall 
comply with the requirements of paragraphs (a)(6)(i) and (a)(6)(ii) of 
this section instead of with the requirements of Sec. 63.169 for pumps, 
valves, connectors, and agitators in heavy liquid service; pressure 
relief devices in light liquid or heavy liquid service; and 
instrumentation systems.
    (i) A leak is determined to be detected if there is evidence of a 
potential leak found by visual, audible, olfactory, or any other 
detection method except that Method 21, 40 CFR part 60, appendix A shall 
not be used to determine if a leak is detected.
    (ii)(A) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days

[[Page 950]]

after it is detected, except as provided in Sec. 63.171.
    (B) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (C) 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.
    (7) For each affected source producing PET, an owner or operator is 
not required to develop an initial list of identification numbers for 
the equipment identified in paragraph (a)(6) of this section (i.e., 
pumps, valves, connectors, and agitators in heavy liquid service; 
pressure relief devices in light liquid or heavy liquid service; and 
instrumentation systems) as would otherwise be required under 
Sec. 63.181(b)(1)(i).
    (8) When the provisions of subpart H of this part specify that 
Method 18, 40 CFR part 60, appendix A, shall be used, Method 18 or 
Method 25A, 40 CFR part 60, appendix A, may be used for the purposes of 
this subpart. The use of Method 25A, 40 CFR part 60, appendix A, shall 
comply with paragraphs (a)(8)(i) and (a)(8)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 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.
    (9) For purposes of this subpart, bottoms receivers and surge 
control vessels are not considered equipment for purposes of this 
section and are not subject to the requirements of subpart H of this 
part.
    (b) The provisions of this section do not apply to each TPPU 
producing PET using a process other than a continuous terephthalic acid 
(TPA) high viscosity multiple end finisher process that is part of an 
affected source if all of the components in the TPPU are either in 
vacuum service or in heavy liquid service.
    (1) Owners and operators of a TPPU exempted under paragraph (b) of 
this section shall retain at the facility information, data, and 
analyses used to demonstrate that all of the components in the exempted 
TPPU are either in vacuum service or in heavy liquid service. Such 
documentation shall include an analysis or demonstration that the 
process fluids do not meet the criteria of ``in light liquid service'' 
or ``in gas or vapor 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.
    (2) If changes occur at a TPPU exempted under paragraph (b) of this 
section such that all of the components in the TPPU are no longer either 
in vacuum service or in heavy liquid service (e.g., by either process 
changes or the addition of new components), the owner or operator shall 
comply with the provisions of this section for all of the components at 
the TPPU. The owner or operator shall submit a report within 180 days 
after the process change is made or the information regarding the 
process change is known to the owner or operator. This report may be 
included in the next Periodic Report, as specified in paragraph (a)(5) 
of this section. The following information shall be submitted:
    (i) A description of the process change; and
    (ii) A schedule for compliance with the provisions of 
Sec. 63.1331(a), as specified in paragraphs (b)(2)(ii)(A) and 
(b)(2)(ii)(B) of this section.
    (A) The owner or operator shall submit to the Administrator for 
approval a compliance schedule and a justification for the schedule.
    (B) The Administrator shall approve the compliance schedule or 
request changes within 120 operating days of receipt of the compliance 
schedule and justification.
    (c) The provisions of this section do not apply to each affected 
source producing PET using a continuous TPA high viscosity multiple end 
finisher process.

[[Page 951]]



Sec. 63.1332  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing affected 
sources who seek to comply with Sec. 63.1313(b) by using emissions 
averaging rather than following the provisions of Secs. 63.1314, 
63.1315, 63.1316 through 63.1320, 63.1321, and 63.1330.
    (1) The following emission point limitations apply to the use of 
these provisions:
    (i) All emission points included in an emissions average shall be 
from the same affected source. There may be an emissions average for 
each affected source located at a plant site.
    (ii)(A) If a plant site has only one affected source for which 
emissions averaging is being used to demonstrate compliance, the number 
of emission points allowed in the emissions average for said affected 
source is limited to twenty. This number may be increased by up to five 
additional emission points if pollution prevention measures are used to 
control five or more of the emission points included in the emissions 
average.
    (B) If a plant site has two or more affected sources for which 
emissions averaging is being used to demonstrate compliance, the number 
of emission points allowed in the emissions averages for said affected 
sources is limited to twenty. This number may be increased by up to five 
additional emission points if pollution prevention measures are used to 
control five or more of the emission points included in the emissions 
averages.
    (2) Compliance with the provisions of this section can be based on 
either organic HAP or TOC.
    (3) For the purposes of these provisions, whenever Method 18, 40 CFR 
part 60, appendix A is specified within the paragraphs of this section 
or is specified by reference through provisions outside this section, 
Method 18 or Method 25A, 40 CFR part 60, appendix A may be used. The use 
of Method 25A, 40 CFR part 60, appendix A shall comply with paragraphs 
(a)(3)(i) and (a)(3)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (ii) The use of Method 25A, 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.
    (b) Unless an operating permit application has been submitted, the 
owner or operator shall develop and submit for approval an Emissions 
Averaging Plan containing all of the information required in 
Sec. 63.1335(e)(4) for all emission points to be included in an 
emissions average.
    (c) Paragraphs (c)(1) through (c)(5) of this section describe the 
emission points that 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. Paragraph (c)(6) of this section discusses the 
use of pollution prevention in generating emissions averaging credits.
    (1) Storage vessels, batch process vents, aggregate batch vent 
streams, continuous process vents subject to Sec. 63.1315, and process 
wastewater streams that are determined to be Group 2 emission points. 
The term ``continuous process vents subject to Sec. 63.1315'' includes 
continuous process vents subject to Sec. 63.1316 (b)(1)(iii), 
(b)(2)(iii), and (c)(2), which reference Sec. 63.1315.
    (2) Continuous process vents located in the collection of material 
recovery sections within the affected source at an existing affected 
source producing PET using a continuous dimethyl terephthalate process 
subject to Sec. 63.1316(b)(1)(i) where the uncontrolled organic HAP 
emissions from said continuous process vents are equal to or less than 
0.12 kg organic HAP per Mg of product. These continuous process vents 
shall be considered Group 2 emission points for the purposes of this 
section.
    (3) Storage vessels, continuous process vents subject to 
Sec. 63.1315, and process wastewater streams that are determined to be 
Group 1 emission points

[[Page 952]]

and 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.
    (4) Batch process vents and aggregate batch vent streams that are 
determined to be Group 1 emission points and that are controlled to a 
level more stringent than the applicable standard.
    (5) Continuous process vents subject to Sec. 63.1316 (b)(1)(i), 
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection 
of process sections within the affected source, as specified in 
paragraphs (c)(5)(i) through (c)(5)(ii) of this section. The continuous 
process vents identified in paragraphs (c)(5)(i) through (c)(5)(ii) of 
this section shall be considered to be Group 1 emission points for the 
purposes of this section.
    (i) Continuous process vents subject to Sec. 63.1316(b)(1)(i) 
located in the collection of material recovery sections within the 
affected source where the uncontrolled organic HAP emissions for said 
continuous process vents are greater than 0.12 kg organic HAP per Mg of 
product and said continuous process vents are controlled to a level more 
stringent than the applicable standard.
    (ii) Continuous process vents subject to Sec. 63.1316(b)(1)(ii), 
(b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection of process 
sections within the affected source where the uncontrolled organic HAP 
emissions from said continuous process vents are controlled to a level 
more stringent than the applicable standard.
    (6) The percent reduction for any storage vessel, batch process 
vent, aggregate batch vent stream, continuous process vent, and process 
wastewater stream from which emissions are reduced by pollution 
prevention measures shall be determined using the procedures specified 
in paragraph (j) of this section.
    (i) For a Group 1 storage vessel, batch process vent, aggregate 
batch vent stream, continuous process vent, or process wastewater 
stream, the pollution prevention measure must reduce emissions more than 
if the applicable reference control technology or standard had been 
applied to the emission point instead of the pollution prevention 
measure, except as provided in paragraph (c)(6)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 storage vessel, batch process vent, 
aggregate batch vent stream, continuous process vent, or process 
wastewater stream, the pollution prevention measure alone does not have 
to reduce emissions more than the applicable reference control 
technology or standard, but the combination of the pollution prevention 
measure and other controls must reduce emissions more than if the 
applicable reference control technology or standard had been applied 
instead of the pollution prevention measure.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990, cannot be used to generate credits unless the level of control is 
increased after November 15, 1990. In this case, credit will be allowed 
only for the increase in control after November 15, 1990.
    (2) Group 1 emission points, identified in paragraph (c)(3) of this 
section, that are controlled by a reference control technology cannot be 
used to generate credits 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.
    (3) Emission points for nonoperating TPPU cannot be used to generate 
credits. TPPU that are shutdown cannot be used to generate credits or 
debits.
    (4) Maintenance wastewater cannot be used to generate credits. 
Wastewater streams treated in biological treatment units cannot be used 
to generate credits. 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 cannot be used

[[Page 953]]

to generate credits, unless the level of control has been increased 
after November 15, 1990, to a level 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 emission point is subsequently made 
subject to a State or Federal rule other than this subpart, the emission 
point can continue to generate emissions averaging credit for the 
purpose of complying with the previously approved emissions average.
    (e) For all emission points included in an emissions average, the 
owner or operator shall perform the following tasks:
    (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 or standard for those emission points. Said Group 1 
emission points are identified in paragraphs (c)(3) through (c)(5) of 
this section. Equations in paragraph (g) of this section shall be used 
to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 and Group 2 
emission points that are over-controlled 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 owner or operator may choose to include more than the 
required number of credit-generating emission points in an emissions 
average in order to increase the likelihood of being in compliance.
    (ii) The initial demonstration in the Emissions Averaging 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. 63.1335(e)(6). Every fourth 
Periodic Report shall include a certification of compliance with the 
emissions averaging provisions as required by 
Sec. 63.1335(e)(6)(vi)(D)(2).
    (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 during the 
following periods:
    (1) Emissions during periods of start-up, shutdown, and malfunction, 
as described in the Start-up, Shutdown, and Malfunction Plan.
    (2) Emissions during periods of monitoring excursions, as defined in 
Sec. 63.1334(d). For these periods, the calculation of monthly credits 
and debits shall be adjusted as specified in paragraphs (f)(2)(i) 
through (f)(2)(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

[[Page 954]]

less stringent than the applicable reference control technology or 
standard and the emissions allowed for the Group 1 emission point. Said 
Group 1 emission points are identified in paragraphs (c)(3) through 
(c)(5) of this section. Debits shall be calculated as follows:
    (1) Source-wide debits shall be calculated using Equation 28 of this 
subpart. Debits and all terms of Equation 28 of this subpart are in 
units of megagrams per month.
[GRAPHIC] [TIFF OMITTED] TR12SE96.027

where:

ECPViACTUAL=Emissions from each Group 1 continuous process 
vent i subject to Sec. 63.1315 that is uncontrolled or is controlled to 
a level less stringent than the applicable reference control technology. 
ECPViACTUAL is calculated according to paragraph (g)(2) of 
this section.
(0.02)ECPViu=Emissions from each Group 1 continuous process 
vent i subject to Sec. 63.1315 if the applicable reference control 
technology had been applied to the uncontrolled emissions. 
ECPViu is calculated according to paragraph (g)(2) of this 
section.
ECPVSjACTUAL=Emissions from Group 1 continuous process vents 
subject to Sec. 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or 
(c)(1) located in the collection of process sections j within the 
affected source that are uncontrolled or controlled to a level less 
stringent than the applicable standard. ECPVSjACTUAL is 
calculated according to paragraph (g)(3) of this section.
ECPVSjSTD=Emissions from Group 1 continuous process vents 
subject to Sec. 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or 
(c)(1) located in the collection of process sections j within the 
affected source if the applicable standard had been applied to the 
uncontrolled emissions. ECPVSjSTD is calculated according to 
paragraph (g)(3) 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 
applicable reference control technology or standard. 
ESiACTUAL is calculated according to paragraph (g)(4) of this 
section.
(BL)ESiu=Emissions from each Group 1 storage vessel i if the 
applicable reference control technology or standard had been applied to 
the uncontrolled emissions. ESiu is calculated according to 
paragraph (g)(4) of this section. For calculating emissions, BL=0.05 for 
each Group 1 storage vessel i subject to Sec. 63.1314(a); and BL=0.02 
for each storage vessel i subject to Sec. 63.1314(c).
EWWiACTUAL=Emissions from each Group 1 wastewater stream i 
that is uncontrolled or is controlled to a

[[Page 955]]

level less stringent than the applicable reference control technology. 
EWWiACTUAL 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. EWWic is calculated according to paragraph (g)(5) 
of this section.
EBPViACTUAL=Emissions from each Group 1 batch process vent i 
that is uncontrolled or is controlled to a level less stringent than the 
applicable reference control technology. EBPViiACTUAL is 
calculated according to paragraph (g)(6) of this section.
(0.10)EBPViu=Emissions from each Group 1 batch process vent i 
if the applicable reference control technology had been applied to the 
uncontrolled emissions. EBPViu is calculated according to 
paragraph (g)(6) of this section.
EABViACTUAL=Emissions from each Group 1 aggregate batch vent 
stream i that is uncontrolled or is controlled to a level less stringent 
than the applicable reference control technology. 
EBPViiACTUAL is calculated according to paragraph (g)(7) of 
this section.
(0.10)EABViu=Emissions from each Group 1 aggregate batch vent 
stream i if the applicable reference control technology had been applied 
to the uncontrolled emissions. EBPViu is calculated according 
to paragraph (g)(7) of this section.
n=The number of emission points being included in the emissions average.

    (2) Emissions from continuous process vents subject to Sec. 63.1315 
shall be calculated as follows:
    (i) For purposes of determining continuous 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 continuous process 
vents, recovery devices shall not be considered control devices); and 
before discharge to the atmosphere. Method 1 or 1A, 40 CFR part 60, 
appendix A, shall be used for selection of the sampling site.
    (ii) ECPViu for each continuous process vent i shall be 
calculated using Equation 29 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.028

where:

ECPViu=Uncontrolled continuous process vent emission rate 
from continuous 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, 40 CFR part 60, appendix A, as 
appropriate.
h=Monthly hours of operation during which positive flow is present in 
the continuous process vent, hours per month.
Cj=Concentration, parts per million by volume, dry basis, of organic HAP 
j as measured by Method 18, 40 CFR part 60, appendix A.
Mj=Molecular weight of organic HAP j, gram per gram-mole.
n=Number of organic HAP in stream.

    (A) The values of Q and Cj shall be determined during a performance 
test conducted under representative operating conditions. The values of 
Q and Cj 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 and Cj are no longer representative, a 
new performance test

[[Page 956]]

shall be conducted to determine new representative values of Q and Cj. 
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 ECPViACTUAL:
    (A) If the continuous process vent is not controlled by a control 
device or pollution prevention measure, 
ECPViACTUAL=ECPViu, where ECPViu is 
calculated according to the procedures in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section.
    (B) If the continuous process vent is controlled using a control 
device or a pollution prevention measure achieving less than 98 percent 
reduction, calculate ECPViACTUAL using Equation 30 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.029

    (1) The percent reduction shall be measured according to the 
procedures in Sec. 63.116 if a combustion control device is used. For a 
flare meeting the criteria in Sec. 63.116(a), or a boiler or process 
heater meeting the criteria in Sec. 63.116(b), the percent reduction 
shall be 98 percent. If a noncombustion 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 continuous process vents, 
product recovery devices shall not be considered control devices and 
cannot be assigned a percent reduction in calculating 
ECPViACTUAL. The sampling site for measurement of 
uncontrolled emissions is after the final product recovery device. 
However, as provided in Sec. 63.113(a)(3), a Group 1 continuous process 
vent may add sufficient product recovery to raise the TRE index value 
above 1.0 or, for Group 1 continuous process vents at an existing 
affected source producing MBS, above 3.7, thereby becoming a Group 2 
continuous process vent. Such a continuous process vent would not be a 
Group 1 continuous process vent and would, therefore, not be included in 
determining debits under this paragraph (g)(2)(iii)(B)(2).
    (3) Procedures for calculating the percent reduction of pollution 
prevention measures are specified in paragraph (j) of this section.
    (3) Emissions from continuous process vents located in the 
collection of process sections within the affected source subject to 
Sec. 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) 
shall be calculated as follows:
    (i) The total organic HAP emissions from continuous process vents 
located in the collection of process sections j within the affected 
source, ECPVSjACTUAL, shall be calculated as follows. The 
procedures in paragraph (g)(2)(iii) of this section shall be used to 
determine the organic HAP emissions for each individual continuous 
process vent, except that paragraph (g)(2)(iii)(B)(2) of this section 
shall not apply and the sampling site shall be after those recovery 
devices installed as part of normal operation; before any add-on control 
devices (i.e., those required by regulation); and prior to discharge to 
the atmosphere. Then, individual continuous process vent emissions shall 
be summed to determine ECPVSjACTUAL.
    (ii)(A) ECPVSjstd shall be calculated using Equation 31 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.030

where:

ECPVSjstd=Emissions if the applicable standard had been 
applied to the uncontrolled emissions, megagrams per month.

[[Page 957]]

EFstd=0.000018 Mg organic HAP/Mg of product, if the 
collection of process sections within the affected source is subject to 
Sec. 63.1316(b)(1)(i).
    =0.00002 Mg organic HAP/Mg of product, if the collection of process 
sections within the affected source is subject to Sec. 63.1316 
(b)(1)(ii) or (b)(2)(ii).
    =0.00004 Mg organic HAP/Mg of product, if the collection of process 
sections within the affected source is subject to Sec. 63.1316(b)(2)(i).
    =0.0000036 Mg organic HAP/Mg of product, if the collection of 
process sections within the affected source is subject to 
Sec. 63.1316(c)(1).
PPj=Polymer produced, Mg/month, for the collection of process sections j 
within the affected source, as calculated according to paragraph 
(g)(3)(ii)(B) of this section.

    (B) The amount of polymer produced, Mg per month, for the collection 
of process sections j within the affected source shall be determined by 
determining the weight of polymer pulled from the process line(s) during 
a 30-day period. The polymer produced shall be determined by direct 
measurement or by an alternate methodology, such as materials balance. 
If an alternate methodology is used, a description of the methodology, 
including all procedures, data, and assumptions shall be submitted as 
part of the Emissions Averaging Plan required by Sec. 63.1335(e)(4).
    (C) Alternatively, ECPVSjstd for continuous process vents 
located in the collection of process sections within the affected source 
subject to Sec. 63.1316(c)(1) may be calculated using the procedures in 
paragraph (g)(2)(i) and (g)(2)(ii) of this section to determine the 
organic HAP emissions for each individual continuous process vent, 
except that the sampling site shall be after recovery devices installed 
as part of normal operation; before any add-on control devices (i.e., 
those required by regulation); and prior to discharge to the atmosphere. 
Then, individual continuous process vent emissions shall be summed and 
multiplied by 0.02 to determine ECPVSjstd.
    (4) Emissions from storage vessels shall be calculated using the 
procedures specified in Sec. 63.150(g)(3).
    (5) Emissions from wastewater streams shall be calculated using the 
procedures in Sec. 63.150(g)(5).
    (6) Emissions from batch process vents shall be calculated as 
follows:
    (i) EBPViu for each batch process vent i shall be 
calculated using the procedures specified in Sec. 63.1323(b).
    (ii) The following procedures and equations shall be used to 
determine EBPViACTUAL:
    (A) If the batch process vent is not controlled by a control device 
or pollution prevention measure, 
EBPViACTUAL=EBPViu, where EBPViu is 
calculated using the procedures in Sec. 63.1323(b).
    (B) If the batch process vent is controlled using a control device 
or a pollution prevention measure achieving less than 90 percent 
reduction for the batch cycle, calculate EBPViACTUAL using 
Equation 32 of this subpart, where percent reduction is for the batch 
cycle.
[GRAPHIC] [TIFF OMITTED] TR12SE96.031

    (1) The percent reduction for the batch cycle shall be calculated 
according to the procedures in Sec. 63.1325(c)(2).
    (2) The percent reduction for control devices shall be calculated 
according to the procedures in Sec. 63.1325 (c)(2)(i) through 
(c)(2)(iii).
    (3) The percent reduction of pollution prevention measures shall be 
calculated using the procedures specified in paragraph (j) of this 
section.
    (7) Emissions from aggregate batch vent streams shall be calculated 
as follows:
    (i) For purposes of determining aggregate batch vent stream flow 
rate,

[[Page 958]]

organic HAP concentrations, and temperature, the sampling site shall be 
before any control device and before discharge to the atmosphere. Method 
1 or 1A, 40 CFR part 60, appendix A, shall be used for selection of the 
sampling site.
    (ii) EABViu for each aggregate batch vent stream i shall 
be calculated using Equation 33 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.032

where:

EABViu=Uncontrolled aggregate batch vent stream emission rate 
from aggregate batch vent stream i, megagrams per month.
Q=Vent stream flow rate, dry standard cubic meters per minute, measured 
using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, as 
appropriate.
h=Monthly hours of operation during which positive flow is present from 
the aggregate batch vent stream, hours per month.
Cj=Concentration, parts per million by volume, dry basis, of 
organic HAP j as measured by Method 18, 40 CFR part 60, appendix A.
Mj=Molecular weight of organic HAP j, gram per gram-mole.
n=Number of organic HAP in the stream.

    (A) The values of Q and Cj shall be determined during a 
performance test conducted under representative operating conditions. 
The values of Q and Cj shall be established in the 
Notification of Compliance Status and must be updated as provided in 
paragraph (g)(7)(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 and Cj are no longer 
representative, a new performance test shall be conducted to determine 
new representative values of Q and Cj. 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 EABViACTUAL:
    (A) If the aggregate batch vent stream is not controlled by a 
control device or pollution prevention measure, EABViACTUAL = 
EABViu, where EABViu is calculated according to 
the procedures in paragraphs (g)(7)(i) and (g)(7)(ii) of this section.
    (B) If the aggregate batch vent stream is controlled using a control 
device or a pollution prevention measure achieving less than 90 percent 
reduction, calculate EABViACTUAL using Equation 34 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.033

    (1) The percent reduction for control devices shall be determined 
according to the procedures in Sec. 63.1325(e).
    (2) The percent reduction for pollution prevention measures shall be 
calculated according to the procedures 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

[[Page 959]]

emission point and the actual emissions from that 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. Said Group 1 and Group 2 emission 
points are identified in paragraphs (c)(1) through (c)(5) of this 
section. Credits shall be calculated using Equation 35 of this subpart.
    (1) Sourcewide credits shall be calculated using Equation 35 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.034

Credits and all terms of Equation 35 of this subpart are in units of 
megagrams per month, the baseline date is November 15, 1990.

[[Page 960]]

where:

D=Discount factor=0.9 for all credit generating emission points except 
those controlled by a pollution prevention measure; discount factor=1.0 
for each credit generating emission point controlled by a pollution 
prevention measure (i.e., no discount provided).
ECPV1iACTUAL=Emissions for each Group 1 continuous process 
vent i subject to Sec. 63.1315 that is controlled to a level more 
stringent than the reference control technology. ECPV1iACTUAL 
is calculated according to paragraph (h)(2) of this section.
(0.02)ECPV1iu=Emissions from each Group 1 continuous process 
vent i subject to Sec. 63.1315 if the applicable reference control 
technology had been applied to the uncontrolled emissions. 
ECPV1iu is calculated according to paragraph (h)(2) of this 
section.
ECPVS1jSTD=Emissions from Group 1 continuous process vents 
subject to Sec. 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or 
(c)(1) located in the collection of process sections j within the 
affected source if the applicable standard had been applied to the 
uncontrolled emissions. ECPVS1jSTD is calculated according to 
paragraph (h)(3) of this section.
ECPVS1jACTUAL=Emissions from Group 1 continuous process vents 
subject to Sec. 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or 
(c)(1) located in the collection of process sections j within the 
affected source that are controlled to a level more stringent than the 
applicable standard. ECPVS1jACTUAL is calculated according to 
paragraph (h)(3) of this section.
ECPV2iACTUAL=Emissions from each Group 2 continuous process 
vent i subject to Sec. 63.1315 that is controlled. 
ECPV2iACTUAL is calculated according to paragraph (h)(2) of 
this section.
ECPV2iBASE=Emissions from each Group 2 continuous process 
vent i subject to Sec. 63.1315 at the baseline date. 
ECPV2iBASE is calculated according to paragraph (h)(2) of 
this section.
ECPVS2jBASE=Emissions from Group 2 continuous process vents 
subject to Sec. 63.1316(b)(1)(i) located in the collection of material 
recovery sections j within the affected source at the baseline date. 
ECPVS2jBASE is calculated according to paragraph (h)(3) of 
this section.
ECPVS2jACTUAL=Emissions from Group 2 continuous process vents 
subject to Sec. 63.1316(b)(1)(i) located in the collection of material 
recovery sections j within the affected source that are controlled. 
ECPVS2jACTUAL is calculated according to paragraph (h)(3) of 
this section.
ES1iACTUAL=Emissions from each Group 1 storage vessel i that 
is controlled to a level more stringent than the applicable reference 
control technology or standard. ES1iACTUAL is calculated 
according to paragraph (h)(4) of this section.
(BL)ES1iu=Emissions from each Group 1 storage vessel i if the 
applicable reference control technology or standard had been applied to 
the uncontrolled emissions. ES1iu is calculated according to 
paragraph (h)(4) of this section. For calculating these emissions, 
BL=0.05 for each Group 1 storage vessel i subject to Sec. 63.1314(a); 
and BL=0.02 for each storage vessel i subject to Sec. 63.1314(c).
ES2iACTUAL=Emissions from each Group 2 storage vessel i that 
is controlled. ES2iACTUAL is calculated according to 
paragraph (h)(4) of this section.
ES2iBASE=Emissions from each Group 2 storage vessel i at the 
baseline date. ES2iBASE is calculated according to 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. EWW1iACTUAL is 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. EWW1ic is calculated according to paragraph (h)(5) 
of this section.

[[Page 961]]

EWW2iACTUAL=Emissions from each Group 2 wastewater stream i 
that is controlled. EWW2iACTUAL is calculated according to 
paragraph (h)(5) of this section.
EWW2iBASE=Emissions from each Group 2 wastewater stream i at 
the baseline date. EWW2iBASE is calculated according to 
paragraph (h)(5) of this section.
(0.10)EBPV1iu=Emissions from each Group 1 batch process vent 
i if the applicable reference control technology had been applied to the 
uncontrolled emissions. EBPV1iu is calculated according to 
paragraph (h)(6) of this section.
EBPV1iACTUAL=Emissions from each Group 1 batch process vent i 
that is controlled to a level more stringent than the reference control 
technology. EBPV1iACTUAL is calculated according to paragraph 
(h)(6) of this section.
(0.10)EABV1iu=Emissions from each Group 1 aggregate batch 
vent stream i if the applicable reference control technology had been 
applied to the uncontrolled emissions. EABV1iu is calculated 
according to paragraph (h)(7) of this section.
EABV1iACTUAL=Emissions from each Group 1 aggregate batch vent 
stream i that is controlled to a level more stringent than the reference 
control technology. EABV1iACTUAL is calculated according to 
paragraph (h)(7) of this section.
EBPV2iBASE=Emissions from each Group 2 batch process vent i 
at the baseline date. EBPV2iBASE is calculated according to 
paragraph (h)(6) of this section.
EBPV2iACTUAL=Emissions from each Group 2 batch process vent i 
that is controlled. EBPV2iACTUAL is calculated according to 
paragraph (h)(6) of this section.
EABV2iBASE=Emissions from each Group 2 aggregate batch vent 
stream i at the baseline date. EABV2iBASE is calculated 
according to paragraph (h)(7) of this section.
EABV2iACTUAL=Emissions from each Group 2 aggregate batch vent 
stream i that is controlled. EABV2iACTUAL is calculated 
according to paragraph (h)(7) 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 continuous process vents, 
batch process vents, aggregate batch vent streams, storage vessels, 
wastewater streams, or the collection of process sections within the 
affected source.
m=Number of Group 2 emission points included in the emissions average. 
The value of m is not necessarily the same for continuous process vents, 
batch process vents, aggregate batch vent streams, storage vessels, 
wastewater streams, or the collection of process sections within the 
affected source.

    (i) Except as specified in paragraph (h)(1)(iv) of this section, 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.
    (iv) For Group 1 and Group 2 batch process vents and Group 1 and 
Group 2 aggregate batch vent streams, the percent reduction for 
calculating credits shall be the percent reduction determined according 
to the procedures in paragraphs (h)(6)(ii) and (h)(6)(iii) of this 
section for batch process vents and paragraphs (h)(7)(ii) and 
(h)(7)(iii) of this section for aggregate batch vent streams.

[[Page 962]]

    (2) Emissions from continuous process vents subject to Sec. 63.1315 
shall be determined as follows:
    (i) Uncontrolled emissions from Group 1 continuous process vents 
(ECPV1iu) shall be calculated according to the procedures and 
equation for ECPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section.
    (ii) Actual emissions from Group 1 continuous 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 (ECPV1iACTUAL) 
shall be calculated using Equation 36 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.035

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 continuous process vents 
(ECPV2iACTUAL):
    (A) For a Group 2 continuous process vent controlled by a control 
device, a recovery device applied as a pollution prevention project, or 
a pollution prevention measure, where the control achieves a percent 
reduction less than or equal to 98 percent reduction, use Equation 37 of 
this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.036

    (1) ECPV2iu shall be calculated according to the 
equations and procedures for ECPViu 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, ECPV2iu shall be calculated prior to that recovery 
device. The equation for ECPViu in paragraph (g)(2)(ii) of 
this section shall be used to calculate ECPV2iu; 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 continuous 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, use Equation 38 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.037


[[Page 963]]


    (iv) Emissions from Group 2 continuous process vents at baseline 
shall be calculated as follows:
    (A) If the continuous process vent was uncontrolled on November 15, 
1990, ECPV2iBASE=ECPV2iu and shall be calculated 
according to the procedures and equation for ECPViu in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the continuous process vent was controlled on November 15, 
1990, use Equation 39 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.038

    (1) ECPV2iu is calculated according to the procedures and 
equation for ECPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section.
    (2) 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 as part of a pollution prevention 
project initiated after November 15, 1990, 
ECPV2iBASE=ECPV2iu, where ECPV2iu is 
calculated according to paragraph (h)(2)(iii)(A)(3) of this section.
    (3) Emissions from continuous process vents subject to 
Sec. 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) 
shall be determined as follows:
    (i) Emissions from Group 1 continuous process vents located in the 
collection of process sections j within the affected source if the 
applicable standard had been applied to the uncontrolled emissions 
(ECPVS1jstd) shall be calculated according to paragraph 
(g)(3)(ii) of this section.
    (ii) Actual emissions from Group 1 continuous process vents located 
in the collection of process sections j within the affected source 
controlled to a level more stringent than the applicable standard 
(ECPVS1jACTUAL) shall be calculated using the procedures in 
paragraphs (g)(3)(ii)(A) and (g)(3)(ii)(B) of this section, except that 
the actual emission level, Mg organic HAP/Mg of product, shall be used 
as EFstd in Equation 31 of this subpart. Further, 
ECPVS1jACTUAL for continuous process vents subject to 
Sec. 63.1316(c)(1) controlled in accordance with Sec. 63.1316(c)(1)(iii) 
shall be calculated using the procedures in paragraph (h)(2)(ii) of this 
section for individual continuous process vents and then summing said 
emissions to get ECPVS1jACTUAL, except that the sampling site 
shall be after recovery devices installed as part of normal operation; 
before any add-on control devices (i.e., those required by regulation); 
and prior to discharge to the atmosphere.
    (iii) Actual emissions from Group 2 continuous process vents subject 
to Sec. 63.1316(b)(1)(i) located in the collection of material recovery 
sections j within the affected source (ECPVS2jACTUAL) shall 
be calculated using the procedures in paragraphs (g)(3)(ii)(A) and 
(g)(3)(ii)(B) of this section, except that the actual emission level, Mg 
organic HAP/Mg of product, shall be used as EFstd in Equation 
31 of this subpart.
    (iv) Emissions from Group 2 continuous process vents subject to 
Sec. 63.1316(b)(1)(i) located in the collection of material recovery 
sections j within the affected source at baseline 
(ECPVS2jBASE) shall be calculated using the procedures in 
paragraphs (g)(3)(ii)(A) and (g)(3)(ii)(B) of this section, except that 
the actual emission level, Mg organic HAP/Mg of product, at baseline 
shall be used as EFstd in Equation 31 of this subpart.
    (4)(i) Emissions from storage vessels shall be calculated using the 
procedures specified in Sec. 63.150(h)(3).
    (ii) Actual emissions from Group 1 storage vessels at an existing 
affected source producing ASA/AMSAN subject to Sec. 63.1314(c) using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than 98 percent 
emission reduction shall be calculated using the procedures specified in 
Sec. 63.150(h)(3)(ii).

[[Page 964]]

    (5) Emissions from wastewater streams shall be calculated using the 
procedures specified in Sec. 63.150(h)(5).
    (6) Emissions from batch process vents shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 batch process vents 
(EBPV1iu) shall be calculated using the procedures 
Sec. 63.1323(b).
    (ii) Actual emissions from Group 1 batch process vents controlled to 
a level more stringent than the reference control technology 
(EBPV1iACTUAL) shall be calculated using Equation 40 of this 
subpart, where percent reduction is for the batch cycle.
[GRAPHIC] [TIFF OMITTED] TR12SE96.039

    (A) The percent reduction for the batch cycle shall be calculated 
according to the procedures in Sec. 63.1325(c)(2).
    (B) The percent reduction for control devices shall be determined 
according to the procedures in Sec. 63.1325(c)(2)(i) through 
(c)(2)(iii).
    (C) The percent reduction of pollution prevention measures shall be 
calculated using the procedures specified in paragraph (j) of this 
section.
    (iii) Actual emissions from Group 2 batch process vents 
(EBPV2iACTUAL) shall be calculated using Equation 41 of this 
subpart and the procedures in paragraphs (h)(6)(ii)(A) through 
(h)(6)(ii)(C) of this section. EBPV2iu shall be calculated 
using the procedures specified in Sec. 63.1323(b).
[GRAPHIC] [TIFF OMITTED] TR12SE96.040

    (iv) Emissions from Group 2 batch process vents at baseline 
(EBPV2iBASE) shall be calculated as follows:
    (A) If the batch process vent was uncontrolled on November 15, 1990, 
EBPV2iBASE=EBPV2iu and shall be calculated using 
the procedures specified in Sec. 63.1323(b).
    (B) If the batch process vent was controlled on November 15, 1990, 
use Equation 42 of this subpart and the procedures in paragraphs 
(h)(6)(ii)(A) through (h)(6)(ii)(C) of this section. EBPV2iu 
shall be calculated using the procedures specified in Sec. 63.1323(b).
[GRAPHIC] [TIFF OMITTED] TR12SE96.041

    (7) Emissions from aggregate batch vent streams shall be determined 
as follows:
    (i) Uncontrolled emissions from Group 1 aggregate batch vent streams 
(EABV1iu) shall be calculated according to the procedures and 
equation for EABViu in paragraphs (g)(7)(i) and (g)(7)(ii) of 
this section.
    (ii) Actual emissions from Group 1 aggregate batch vent streams 
controlled to a level more stringent than the reference control 
technology (EABV1iACTUAL) shall be calculated using Equation 
43 of this subpart.

[[Page 965]]

[GRAPHIC] [TIFF OMITTED] TR12SE96.042


    (A) The percent reduction for control devices shall be determined 
according to the procedures in Sec. 63.1325(e).
    (B) The percent reduction of pollution prevention measures shall be 
calculated using the procedures specified in paragraph (j) of this 
section.
    (iii) Actual emissions from Group 2 aggregate batch vent streams 
(EABV2iACTUAL) shall be calculated using Equation 44 of this 
subpart and the procedures in paragraphs (h)(7)(ii)(A) through 
(h)(7)(ii)(B) of this section. EABV2iu shall be calculated 
according to the equations and procedures for EABViu in 
paragraphs (g)(7)(i) and (g)(7)(ii) of this section.
[GRAPHIC] [TIFF OMITTED] TR12SE96.043

    (iv) Emissions from Group 2 aggregate batch vent streams at baseline 
shall be calculated as follows:
    (A) If the aggregate batch vent stream was uncontrolled on November 
15, 1990, EABV2iBASE=EABV2iu and shall be 
calculated according to the procedures and equation for 
EABViu in paragraphs (g)(7)(i) and (g)(7)(ii) of this 
section.
    (B) If the aggregate batch vent stream was controlled on November 
15, 1990, use Equation 45 of this subpart and the procedures in 
paragraphs (h)(7)(ii)(A) through (h)(7)(ii)(B) of this section. 
EABV2iu shall be calculated according to the equations and 
procedures for EABViu in paragraphs (g)(7)(i) and (g)(7)(ii) 
of this section.
[GRAPHIC] [TIFF OMITTED] TR12SE96.044

    (i) The following procedures shall be followed to establish nominal 
efficiencies for emission controls for storage vessels, continuous 
process vents, and process wastewater streams. 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.
    (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.

[[Page 966]]

    (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 operating 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 operating 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 grant permission to take emission credits 
for use of the control technology. The Administrator may also impose 
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 affected 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 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 
affected 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 for 
storage vessels, continuous process vents, batch process vents, 
aggregate batch vent streams, and wastewater streams:
    (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,

[[Page 967]]

treatment, or control of emissions, while the same product is produced.
    (ii) Pollution prevention measures may include: substitution of 
feedstocks that reduce organic 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)(7) of this section and 
paragraphs (h)(2) through (h)(7) 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) Equation 46 of this subpart shall be used to calculate the 
percent reduction of a pollution prevention measure for each emission 
point.
[GRAPHIC] [TIFF OMITTED] TR12SE96.045

where:

Percent reduction=Efficiency of pollution prevention measure (percent 
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 either 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) and (g)(3) of this section 
for continuous process vents, paragraph (g)(4) of this section for 
storage vessels, paragraph (g)(6) of this section for batch process 
vents, and paragraph (g)(7) of this section for aggregate batch vent 
streams.
    (B) For wastewater, EB shall be calculated using Equation 
47 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.046


[[Page 968]]


where:

n=Number of wastewater streams.
 QBi=Average flow rate for wastewater stream i before the 
pollution prevention measure, defined and determined according to 
Sec. 63.144(c)(3), 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 in wastewater stream i.
Fem=Fraction emitted of organic HAP m in wastewater from 
Table 9 of subpart G of this part, 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 
September 12, 1996 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 
Equation 48 of this subpart and 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.
[GRAPHIC] [TIFF OMITTED] TR12SE96.047

    (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)(7) 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 an 
affected 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 emissions average 
will not result in greater hazard or, at the option of the 
Administrator, greater risk to human health or the environment than if 
the emission points were controlled according to the provisions in 
Secs. 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and 63.1330.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the Administrator.
    (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.

[[Page 969]]

    (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 Emissions Averaging 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 
emissions 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. 63.1314, 63.1315, 63.1316 through 63.1320, 
63.1321, and 63.1330.
    (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 parameter monitoring 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 
monitoring excursions in the Periodic Reports as required in 
Sec. 63.1335(e)(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 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 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. 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, 
and 63.1330, as applicable. The specific requirements for continuous 
process vents, batch process vents, aggregate batch vent streams, 
storage vessels, and wastewater operations that are included in an 
emissions average for an affected source are identified in paragraphs 
(m)(1) through (m)(7) of this section.
    (1) For each continuous process vent subject to Sec. 63.1315 
equipped with a flare, incinerator, boiler, or process heater, as 
appropriate to the control technique:
    (i) Determine whether the continuous process vent is Group 1 or 
Group 2 according to the procedures specified in Sec. 63.1315;
    (ii) Conduct initial performance tests to determine percent 
reduction according to the procedures specified in Sec. 63.1315; and
    (iii) Monitor the operating parameters, keep records, and submit 
reports according to the procedures specified in Sec. 63.1315.
    (2) For each continuous process vent subject to Sec. 63.1315 
equipped with a carbon adsorber, absorber, or condenser but not equipped 
with a control device, as appropriate to the control technique:
    (i) Determine the flow rate, organic HAP concentration, and TRE 
index value according to the procedures specified in Sec. 63.1315; and
    (ii) Monitor the operating parameters, keep records, and submit 
reports according to the procedures specified in Sec. 63.1315.
    (3) For continuous process vents subject to Sec. 63.1316(b)(1)(i), 
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1):

[[Page 970]]

    (i) Determine whether the emissions from the continuous process 
vents subject to Sec. 63.1316(b)(1)(i) located in the collection of 
material recovery sections within the affected source are greater than, 
equal to, or less than 0.12 kg organic HAP per Mg of product according 
to the procedures specified in Sec. 63.1318(b);
    (ii) Determine the emission rate, ERHAP, for each 
collection of process sections within the affected source according to 
the procedures specified in Sec. 63.1318(b); and
    (iii) [Reserved]
    (iv) Monitor the operating parameters, keep records, and submit 
reports according to the procedures specified in Sec. 63.1317, 
Sec. 63.1319, Sec. 63.1320.
    (4) 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 according to the 
procedures specified in Sec. 63.1314;
    (ii) Perform the reporting and recordkeeping procedures according to 
the procedures specified in Sec. 63.1314; and
    (iii) For closed vent systems with control devices, conduct an 
initial design evaluation and submit an operating plan according to the 
procedures specified in Sec. 63.1314.
    (5) For wastewater emission points, as appropriate to the control 
technique:
    (i) For wastewater treatment processes, conduct tests according to 
the procedures specified in Sec. 63.1330;
    (ii) Conduct inspections and monitoring according to the procedures 
specified in Sec. 63.1330;
    (iii) Implement a recordkeeping program according to the procedures 
specified in Sec. 63.1330; and
    (iv) Implement a reporting program according to the procedures 
specified in Sec. 63.1330.
    (6) For each batch process vent and aggregate batch vent stream 
equipped with a control device, as appropriate to the control technique:
    (i) Determine whether the batch process vent or aggregate batch vent 
stream is Group 1 or Group 2 according to the procedures in 
Sec. 63.1323;
    (ii) Conduct performance tests according to the procedures specified 
in Sec. 63.1325;
    (iii) Conduct monitoring according to the procedures specified in 
Sec. 63.1324; and
    (iv) Perform the recordkeeping and reporting procedures according to 
the procedures specified in Secs. 63.1326 and 63.1327.
    (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 required by 
Secs. 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, or 63.1330, 
the owner or operator shall submit the information specified in 
Sec. 63.1335(f) for alternate monitoring parameters or inspection 
procedures in the Emissions Averaging Plan or operating permit 
application.
    (n) Records of all information required to calculate emission debits 
and credits shall be retained for 5 years.
    (o) Precompliance Reports, Emission Averaging Plans, Notifications 
of Compliance Status, Periodic Reports, and other reports shall be 
submitted as required by Sec. 63.1335.



Sec. 63.1333   Additional test methods and procedures.

    (a) Performance testing shall be conducted in accordance with 
Sec. 63.7(a)(3), (d), (e), (g), and (h), with the exceptions specified 
in paragraphs (a)(1) through (a)(4) of this section and the additions 
specified in paragraphs (b) through (d) of this section. Sections 
63.1314 through 63.1330 also contain specific testing requirements.
    (1) 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 conditions for the process.
    (2) References in Sec. 63.7(g) to the Notification of Compliance 
Status requirements in Sec. 63.7(h) shall refer to the requirements in 
Sec. 63.1335(e)(5).
    (3) Because the site-specific test plans in Sec. 63.7(c)(3) are not 
required, Sec. 63.7(h)(4)(ii) is not applicable.
    (4) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 calendar days before 
the performance

[[Page 971]]

test is scheduled to allow the Administrator the opportunity to have an 
observer present during the test.
    (b) Each owner or operator of an existing affected source producing 
MBS complying with Sec. 63.1315(b)(2) shall determine compliance with 
the mass emission per mass product standard by using Equation 49 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.048

where:
ERMBS=Emission rate of organic HAP or TOC from continuous 
process vents, kg/Mg product.
Ei=Emission rate of organic HAP or TOC from continuous 
process vent i as calculated using the procedures specified in 
Sec. 63.116(c)(4), kg/month.
PPM=Amount of polymer produced in one month as determined by 
the procedures specified in Sec. 63.1318(b)(1)(ii), Mg/month.
n=Number of continuous process vents.

When determining Ei, when the provisions of Sec. 63.116(c)(4) 
specify that Method 18, 40 CFR part 60, appendix A, shall be used, 
Method 18 or Method 25A, 40 CFR part 60, appendix A, may be used for the 
purposes of this subpart. The use of Method 25A, 40 CFR part 60, 
appendix A, shall comply with paragraphs (b)(1) and (b)(2) of this 
section.
    (1) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume.
    (2) The use of Method 25A, 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.
    (c) The owner or operator of an affected source, complying with 
Sec. 63.1322(a)(3) shall determine compliance with the percent reduction 
requirement using Equation 50 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR12SE96.049

where:

PR=Percent reduction
Hj=Number of operating hours in a year for control device j.
Ei=Mass rate of TOC or total organic HAP at the inlet of 
control device j, calculated as specified in Sec. 63.1325(f), kg/hr. 
This value includes all continuous process vents, batch process vents, 
and aggregate batch vent streams routed to control device j.
Eo=Mass rate of TOC or total organic HAP at the outlet of 
control device j, calculated as specified in Sec. 63.1325(f), kg/hr.
Hk=Number of hours of operation during which positive flow is 
present in uncontrolled continuous process vent or aggregate batch vent 
stream k, hr/yr.
Eku=Mass rate of TOC or total organic HAP of uncontrolled 
continuous process vent or aggregate batch vent stream k, calculated as 
specified in Sec. 63.1325(f)(4), kg/hr.
AEunc=Mass rate of TOC or total organic HAP of uncontrolled 
batch process vent l, calculated as specified in Sec. 63.1325(f)(4), kg/
yr.
n=Number of control devices, uncontrolled continuous process vents and 
aggregate batch vent streams, and uncontrolled batch process

[[Page 972]]

vents. The value of n is not necessarily the same for these three items.

    (d) 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.



Sec. 63.1334  Parameter monitoring levels and excursions.

    (a) Establishment of parameter monitoring levels. The owner or 
operator of a control or recovery device that has one or more parameter 
monitoring level requirements specified under this subpart shall 
establish a maximum or minimum level for each measured parameter using 
the procedures specified in paragraph (b), (c), or (d) of this section. 
The procedures specified in paragraph (b) of this section have been 
approved by the Administrator. The procedures in paragraphs (c) and (d) 
of this section have not been approved by the Administrator and 
determination of the parameter monitoring level using the procedures in 
paragraph (c) or (d) of this section is subject to review and approval 
by the Administrator. Said determination and supporting documentation 
shall be included in the Precompliance Report, specified in 
Sec. 63.1335(e)(3).
    (1) The owner or operator shall operate control and recovery devices 
such that monitored parameters remain above the minimum established 
level or below the maximum established level.
    (2) As specified in Sec. 63.1335(e)(5) and Sec. 63.1335(e)(8), all 
established levels, along with their supporting documentation and the 
definition of an operating day, shall be approved as part of and 
incorporated into the Notification of Compliance Status or operating 
permit, respectively.
    (3) Nothing in this section shall be construed to allow a monitoring 
parameter excursion caused by an activity that violates other applicable 
provisions of subpart A, F, or G of this part.
    (b) Establishment of parameter monitoring levels based on 
performance tests. The procedures specified in paragraphs (b)(1) through 
(b)(3) of this section shall be used, as applicable, in establishing 
parameter monitoring levels. Level(s) established under this paragraph 
(b) shall be based on the parameter values measured during the 
performance test.
    (1) Storage tanks and wastewater. The maximum and/or minimum 
monitoring levels shall be based on the parameter values measured during 
the performance test, supplemented, if desired, by engineering 
assessments and/or manufacturer's recommendations.
    (2) Continuous process vents. During initial compliance testing, the 
appropriate parameter shall be continuously monitored during the 
required 1-hour runs. The monitoring level(s) shall then be established 
as the average of the maximum (or minimum) point values from the three 
test runs. The average of the maximum values shall be used when 
establishing a maximum level, and the average of the minimum values 
shall be used when establishing a minimum level.
    (3) Batch process vents. The monitoring level(s) shall be 
established using the procedures specified in paragraphs (b)(3)(i) 
through (b)(3)(ii) of this section, as appropriate. The procedures 
specified in this paragraph (b)(3) may only be used if the batch 
emission episodes, or portions thereof, selected to be controlled were 
tested, and monitoring data were collected, during the entire period in 
which emissions were vented to the control device, as specified in 
Sec. 63.1325(c)(1)(i). If the owner or operator chose to test only a 
portion of the batch emission episode, or portion thereof, selected to 
be controlled, as specified in Sec. 63.1325(c)(1)(i)(A), the procedures 
in paragraph (c) of this section must be used.
    (i) If more than one batch emission episode or more than one portion 
of a batch emission episode has been selected to be controlled, a single 
level for the batch cycle shall be calculated as follows:
    (A) During initial compliance testing, the appropriate parameter 
shall be monitored continuously at all times when batch emission 
episodes, or portions thereof, selected to be controlled are vented to 
the control device.

[[Page 973]]

    (B) The average monitored parameter value shall be calculated for 
each batch emission episode, or portion thereof, in the batch cycle 
selected to be controlled. The average shall be based on all values 
measured during the required performance test.
    (C) If the level to be established is a maximum operating parameter, 
the level shall be defined as the minimum of the average parameter 
values of the batch emission episodes, or portions thereof, in the batch 
cycle selected to be controlled.
    (D) If the level to be established is a minimum operating parameter, 
the level shall be defined as the maximum of the average parameter 
values of the batch emission episodes, or portions thereof, in the batch 
cycle selected to be controlled.
    (E) Alternatively, an average monitored parameter value shall be 
calculated for the entire batch cycle based on all values measured 
during each batch emission episode, or portion thereof, selected to be 
controlled.
    (ii) Instead of establishing a single level for the batch cycle, as 
described in paragraph (b)(3)(i) of this section, an owner or operator 
may establish separate levels for each batch emission episode, or 
portion thereof, selected to be controlled. Each level shall be 
determined as specified in paragraphs (b)(3)(i)(A) and (b)(3)(i)(B) of 
this section.
    (iii) The batch cycle shall be defined in the Notification of 
Compliance Status, as specified in Sec. 63.1335(e)(5). Said definition 
shall include an identification of each batch emission episode and the 
information required to determine parameter monitoring compliance for 
partial batch cycles (i.e., when part of a batch cycle is accomplished 
during two different operating days).
    (4) Aggregate batch vent streams. For aggregate batch vent streams, 
the monitoring level shall be established in accordance with paragraph 
(b)(2) of this section.
    (c) Establishment of parameter monitoring levels based on 
performance tests, engineering assessments, and/or manufacturer's 
recommendations. As required in paragraph (a) of this section, the 
information specified in paragraphs (c)(2) and (c)(3) of this section 
shall be provided in the Precompliance Report.
    (1) Parameter monitoring levels established under this paragraph (c) 
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 expected parameter values.
    (2) The specific level of the monitored parameter(s) for each 
emission point.
    (3) The rationale for the specific level for each parameter for each 
emission point, including any data and calculations used to develop the 
level and a description of why the level indicates proper operation of 
the control or recovery device.
    (d) Establishment of parameter monitoring based on engineering 
assessments and/or manufacturer's recommendations. If a performance test 
is not required by this subpart for a control or recovery device, the 
maximum or minimum level may be based solely on engineering assessments 
and/or manufacturer's recommendations. As required in paragraph (a) of 
this section, the determined level and all supporting documentation 
shall be provided in the Precompliance Report.
    (e) Compliance determinations. The provisions of this paragraph (e) 
apply only to emission points and control or recovery devices for which 
continuous monitoring is required under this subpart.
    (1) The parameter monitoring data for storage vessels, process 
vents, process wastewater streams, and emission points included in 
emissions averages that are required to perform continuous monitoring 
shall be used to determine compliance for the monitored control or 
recovery devices.
    (2) Except as provided in paragraphs (e)(3) and (g) of this section, 
for each excursion, as defined in paragraph (f) of this section, the 
owner or operator shall be deemed out of compliance with the provisions 
of this subpart.
    (3) If the daily average value of a monitored parameter is above the 
maximum level or below the minimum level established, or if monitoring 
data cannot be collected during monitoring

[[Page 974]]

device calibration check or monitoring device malfunction, but the 
affected source is operated during the periods of start-up, shutdown, or 
malfunction in accordance with the affected source's Start-up, Shutdown, 
and Malfunction Plan, then the event shall not be considered a 
monitoring parameter excursion.
    (f) Parameter monitoring excursion definitions. (1) For storage 
vessels, continuous process vents, aggregate batch vent streams, and 
wastewater streams, an excursion means any of the three cases listed in 
paragraphs (f)(1)(i) through (f)(1)(iii) of this section. For a control 
or recovery device where multiple parameters are monitored, if one or 
more of the parameters meets the excursion criteria in paragraphs 
(f)(1)(i) through (f)(1)(iii) of this section, this is considered a 
single excursion for the control or recovery device.
    (i) When the daily average value of one or more monitored parameters 
is above the maximum level or below the minimum level established for 
the given parameters.
    (ii) When the period of control or recovery device operation is 4 
hours or greater in an operating day and monitoring data are 
insufficient, as defined in paragraph (f)(1)(iv) of this section, to 
constitute a valid hour of data for at least 75 percent of the operating 
hours.
    (iii) When the period of control or recovery device operation is 
less than 4 hours in an operating day and more than two of the hours 
during the period of operation do not constitute a valid hour of data 
due to insufficient monitoring data, as defined in paragraph (f)(1)(iv) 
of this section.
    (iv) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (f)(1)(ii) and (f)(1)(iii) 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. 63.1335(g)(3), monitoring data are insufficient to calculate a 
valid hour of data if there are less than four data measurements made 
during the hour.
    (2) For batch process vents, an excursion means one of the two cases 
listed in paragraphs (f)(2)(i) and (f)(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 either paragraph 
(f)(2)(i) or (f)(2)(ii) of this section, this is considered a single 
excursion for the control device.
    (i) When the batch cycle daily average value of one or more 
monitored parameters is above the maximum or below the minimum 
established level for the given parameters.
    (ii) When monitoring data are insufficient. Monitoring data shall be 
considered insufficient when measured values are not available for at 
least 75 percent of the 15-minute periods when batch emission episodes, 
or portions thereof, selected to be controlled are being vented to the 
control device during the operating day.
    (g) Excused excursions. A number of excused excursions shall be 
allowed for each control or recovery device for each semiannual period. 
The number of excused excursions for each semiannual period is specified 
in paragraphs (g)(1) through (g)(6) of this section. This paragraph (g) 
applies to affected 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.
    (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.



Sec. 63.1335  General recordkeeping and reporting provisions.

    (a) Data retention. Each owner or operator of an affected source 
shall keep copies of all applicable records and reports required by this 
subpart for at least 5 years, unless otherwise specified in this 
subpart.
    (b) Requirements of subpart A of this part. The owner or operator of 
an affected source shall comply with the applicable recordkeeping and 
reporting

[[Page 975]]

requirements in subpart A of this part as specified in Table 1 of this 
subpart. These requirements include, but are not limited to, the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) Start-up, shutdown, and malfunction plan. The owner or operator 
of an affected source shall develop and implement a written start-up, 
shutdown, and malfunction plan as specified in Sec. 63.6(e)(3). This 
plan shall describe, in detail, procedures for operating and maintaining 
the affected source during periods of start-up, shutdown, and 
malfunction and a program for corrective action for malfunctioning 
process and air pollution control equipment used to comply with this 
subpart. The affected source shall keep this plan onsite and shall 
incorporate it by reference into their operating permit. Records 
associated with the plan shall be kept as specified in paragraphs 
(b)(1)(i)(A) through (b)(1)(i)(D) of this section. Reports related to 
the plan shall be submitted as specified in paragraph (b)(1)(ii) of this 
section.
    (i) Records of start-up, shutdown, and malfunction. The owner or 
operator shall keep the records specified in paragraphs (b)(1)(i)(A) 
through (b)(1)(i)(D) of this section.
    (A) Records of the occurrence and duration of each malfunction of 
air pollution control equipment or continuous monitoring systems used to 
comply with this subpart.
    (B) For each start-up, shutdown, or malfunction, a statement that 
the procedures specified in the affected source's start-up, shutdown, 
and malfunction plan were followed; alternatively, documentation of any 
actions taken that are not consistent with the plan.
    (C) For continuous monitoring systems used to comply with this 
subpart, records documenting the completion of calibration checks and 
maintenance of continuous monitoring systems that are specified in the 
manufacturer's instructions.
    (D) Records specified in paragraphs (b)(1)(i)(B) and (b)(1)(i)(C) of 
this section are not required if they pertain solely to Group 2 emission 
points that are not included in an emissions average or to Group 2 
continuous process vents subject to Sec. 63.1315(a) with a total 
resource effectiveness value greater than 4.0 or, for Group 2 continuous 
process vents subject to Sec. 63.1315(b), with a total resource 
effectiveness value greater than 6.7.
    (ii) Reports of start-up, shutdown, and malfunction. For the 
purposes of this subpart, the semiannual start-up, shutdown, and 
malfunction reports shall be submitted on the same schedule as the 
Periodic Reports required under paragraph (e)(6) of this section instead 
of the schedule specified in Sec. 63.10(d)(5)(i). Said reports shall 
include the information specified in paragraphs (b)(1)(i)(A) through 
(b)(1)(i)(C) of this section and shall contain the name, title, and 
signature of the owner or operator or other responsible official who is 
certifying its accuracy.
    (2) Application for approval of construction or reconstruction. For 
new affected sources, each owner or operator shall comply with the 
provisions in Sec. 63.5 regarding construction and reconstruction, 
excluding the provisions specified in Sec. 63.5 (d)(1)(ii)(H), (d)(2), 
and (d)(3)(ii).
    (c) Requirements of subpart H of this part. Owners or operators of 
affected sources shall comply with the reporting and recordkeeping 
requirements in subpart H of this part, except as specified in 
Sec. 63.1331.
    (d) Recordkeeping and documentation. Owners or operators required to 
keep continuous records shall keep records as specified in paragraphs 
(d)(1) through (d)(8) of this section, unless an alternative 
recordkeeping system has been requested and approved as specified in 
paragraph (g) or (h) of this section. Documentation requirements are 
specified in paragraphs (d)(9) and (d)(10) of this section.
    (1) The monitoring system shall measure data values at least once 
every 15 minutes.
    (2) The owner or operator shall record either each measured data 
value or 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

[[Page 976]]

values. Owners or operators of batch process vents must record each 
measured data value.
    (3) Daily average (or batch cycle daily average) values of each 
continuously monitored parameter shall be calculated for each operating 
day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this 
section, except as specified in paragraph (d)(6) of this section.
    (i) The daily average value or batch cycle daily average shall be 
calculated as the average of all parameter values recorded during the 
operating day. As specified in Sec. 63.1326(e)(2)(i), only parameter 
values measured during those batch emission episodes, or portions 
thereof, in the batch cycle that the owner or operator has chosen to 
control shall be used to calculate the average. The calculated 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 the owner or operator 
specifies in the operating permit or the Notification of Compliance 
Status. It may be from midnight to midnight or another 24-hour period.
    (4) Records required when out of compliance. If the daily average 
(or batch cycle daily average) value of a monitored parameter for a 
given operating day is below the minimum level or above the maximum 
level established in the Notification of Compliance Status or operating 
permit, the owner or operator shall retain the data recorded that 
operating day under paragraph (d)(2) of this section.
    (5) Records required when in compliance for daily average value or 
batch cycle daily average value. If the daily average (or batch cycle 
daily average) value of a monitored parameter for a given operating day 
is above the minimum level or below the maximum level established in the 
Notification of Compliance Status or operating permit, the owner or 
operator shall either:
    (i) Retain block average values for 1 hour or shorter periods for 
that operating day; or
    (ii) Retain the data recorded in paragraph (d)(2) of this section.
    (6) Records required when all recorded values are in compliance. If 
all recorded values for a monitored parameter during an operating day 
are above the minimum level or below the maximum level established in 
the Notification of Compliance Status or operating permit, the owner or 
operator may record that all values were above the minimum level or 
below the maximum level rather than calculating and recording a daily 
average (or batch cycle daily average) for that operating day. For these 
operating days, the records required in paragraph (d)(5) 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.
    (8) In addition to the periods specified in paragraph (d)(7) of this 
section, records shall be kept of the times and durations of any other 
periods during process operation or control device operation when 
monitors are not operating. For batch process vents, this paragraph 
(d)(8) only applies during batch emission episodes, or portions thereof, 
that the owner or operator has selected to control.
    (9) For each TPPU that is not part of the affected source because it 
does not use as a reactant or process solvent, or produce as a by-
product or co-product any organic HAP, the owner or operator shall 
maintain the documentation specified in Sec. 63.1310(b)(1).
    (10) For each flexible operation unit in which the primary product 
is determined to be something other than a thermoplastic product, the 
owner or operator shall maintain the documentation specified in 
Sec. 63.1310(f)(6).
    (e) Reporting and notification. (1) In addition to the reports and 
notifications required by subparts A and H of this part, as specified in 
this subpart, the owner or operator of an affected source shall prepare 
and submit the reports listed in paragraphs (e)(3) through (e)(8) of 
this section, as applicable.
    (2) All reports required under this subpart shall be sent to the 
Administrator at the addresses listed in Sec. 63.13. If acceptable to 
both the Administrator

[[Page 977]]

and the owner or operator of an affected source, reports may be 
submitted on electronic media.
    (3) Precompliance Report. Affected sources requesting an extension 
for compliance, or requesting approval to use alternative monitoring 
parameters, alternative continuous monitoring and recordkeeping, or 
alternative controls, shall submit a Precompliance Report according to 
the schedule described in paragraph (e)(3)(i) of this section. The 
Precompliance Report shall contain the information specified in 
paragraphs (e)(3)(ii) through (e)(3)(vi) of this section, as 
appropriate.
    (i) Submittal dates. The Precompliance Report shall be submitted to 
the Administrator no later than 12 months prior to the compliance date. 
For new affected sources, the Precompliance Report shall be submitted to 
the Administrator with the application for approval of construction or 
reconstruction required in paragraph (b)(2) of this section.
    (ii) A request for an extension for compliance must be submitted in 
the Precompliance Report, if it has not been submitted to the operating 
permit authority as part of the operating permit application. The 
request for a compliance extension will include the data outlined in 
Sec. 63.6(i)(6)(i) (A), (B), and (D), as required in Sec. 63.1311(e)(1).
    (iii) The alternative monitoring parameter information required in 
paragraph (f) of this section shall be submitted if, for any emission 
point, the owner or operator of an affected source seeks to comply 
through the use of a control technique other than those for which 
monitoring parameters are specified in this subpart or in subpart G of 
this part or seeks to comply by monitoring a different parameter than 
those specified in this subpart or in subpart G of this part.
    (iv) If the affected source seeks to comply using alternative 
continuous monitoring and recordkeeping as specified in paragraph (g) of 
this section, the information requested in paragraph (e)(3)(iv)(A) or 
(e)(3)(iv)(B) of this section must be submitted in the Precompliance 
Report.
    (A) The owner or operator must submit notification of the intent to 
use the provisions specified in paragraph (g) of this section; or
    (B) The owner or operator must submit a request for approval to use 
alternative continuous monitoring and recordkeeping provisions as 
specified in paragraph (g) of this section.
    (v) The owner or operator shall report the intent to use alternative 
controls to comply with the provisions of this subpart. Alternative 
controls must be deemed by the Administrator to be equivalent to the 
controls required by the standard, under the procedures outlined in 
Sec. 63.6(g).
    (vi) If an owner or operator demonstrates that the emissions 
estimation equations contained in Sec. 63.1323(b) are inappropriate as 
specified in Sec. 63.1323(b)(6)(ii)(B), the information required by 
Sec. 63.1323(b)(6)(ii)(D) shall be submitted.
    (vii) If an owner or operator establishes parameter monitoring 
levels according to the procedures contained in Sec. 63.1334 (c) or (d), 
the information specified by Sec. 63.1334 (c) or (d), as appropriate.
    (4) Emissions Averaging Plan. For all existing affected sources 
using emissions averaging, an Emissions Averaging Plan shall be 
submitted for approval according to the schedule and procedures 
described in paragraph (e)(4)(i) of this section. The Emissions 
Averaging Plan shall contain the information specified in paragraph 
(e)(4)(ii) of this section, unless the information required in paragraph 
(e)(4)(ii) of this section is submitted with an operating permit 
application. An owner or operator of an affected source who submits an 
operating permit application instead of an Emissions Averaging Plan 
shall submit the information specified in paragraph (e)(8) of this 
section. In addition, a supplement to the Emissions Averaging Plan, as 
required under paragraph (e)(4)(iii) of this section, is to be submitted 
whenever alternative controls or operating scenarios may be used to 
comply with this subpart. Updates to the Emissions Averaging Plan shall 
be submitted in accordance with paragraph (e)(4)(iv) of this section.
    (i) Submittal and approval. The Emissions Averaging Plan shall be 
submitted no later than 18 months prior to

[[Page 978]]

the compliance date, and it is subject to Administrator approval. The 
Administrator shall determine within 120 operating days whether the 
Emissions Averaging Plan submitted presents sufficient information. The 
Administrator shall either approve the Emissions Averaging 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 operating days.
    (ii) Information required. The Emissions Averaging Plan shall 
contain the information listed in paragraphs (e)(4)(ii)(A) through 
(e)(4)(ii)(K) of this section for all emission points included in an 
emissions average.
    (A) The required information shall include the identification of all 
emission points in the planned emissions average and, where applicable, 
notation of whether each storage vessel, continuous process vent, batch 
process vent, aggregate batch vent stream, and process wastewater stream 
is a Group 1 or Group 2 emission point, as defined in Sec. 63.1312 or as 
designated under Sec. 63.1332 (c)(3) through (c)(5).
    (B) The required information shall include 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. 63.1332. The 
projected credits must be greater than or equal to the projected debits, 
as required under Sec. 63.1332(e)(3).
    (C) The required information shall include 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.
    (D) The required information shall include the specific 
identification of each emission point affected by a pollution prevention 
measure. To be considered a pollution prevention measure, the criteria 
in Sec. 63.1332(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.
    (E) The required information shall include a statement that the 
compliance demonstration, monitoring, inspection, recordkeeping, and 
reporting provisions in Sec. 63.1332 (m), (n), and (o) that are 
applicable to each emission point in the emissions average will be 
implemented beginning on or before the date of compliance.
    (F) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(F)(1) through (e)(4)(ii)(F)(5) of this 
section for each storage vessel and continuous process vent subject to 
Sec. 63.1315 included in the average.
    (1) The required documentation shall include 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 continuous process vent group 
determination, the estimated or measured values of the parameters used 
in the TRE equation in Sec. 63.115(d) and the resulting TRE index value 
shall be submitted.
    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the emission debit and credit 
calculations in Sec. 63.1332 (g) and (h). These parameter values shall 
be specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters must be reported as required by paragraph (e)(4)(iv) of this 
section.
    (3) The required documentation shall include the estimated percent 
reduction if a control technology achieving a lower percent reduction 
than the efficiency of the applicable reference control technology or 
standard is or will be applied to the emission point.
    (4) The required documentation shall include 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. 63.1332(i) 
shall be followed to apply for a nominal efficiency.
    (5) The required documentation shall include the operating plan 
required by Sec. 63.1314, as specified in Sec. 63.122 (a)(2) and (b) for 
each storage vessel controlled with a closed-vent system with a control 
device other than a flare.

[[Page 979]]

    (G) The information specified in paragraph (f) of this section shall 
be included in the Emissions Averaging Plan for:
    (1) Each continuous process vent subject to Sec. 63.1315 controlled 
by a pollution prevention measure or control technique for which 
monitoring parameters or inspection procedures are not specified in 
Sec. 63.114; and
    (2) 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.
    (H) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(H)(1) through (e)(4)(ii)(H)(5) of this 
section for each collection of continuous process vents located in a 
process section within the affected source subject to Sec. 63.1316 
(b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) included in the 
average.
    (1) For continuous process vents subject to Sec. 63.1316(b)(1)(i), 
the required documentation shall include the values of the parameters 
used to determine whether the emission point is Group 1 or Group 2. 
Continuous process vents subject to Sec. 63.1316 (b)(1)(ii), (b)(2)(i), 
(b)(2)(ii), or (c)(1) are considered Group 1 emission points for 
purposes of emissions averaging, as specified in Sec. 63.1332(c)(5).
    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the emission debit and credit 
calculations in Sec. 63.1332 (g) and (h). These parameter values shall 
be specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters must be reported as required by paragraph (e)(4)(iv) of this 
section.
    (3) For process sections generating debits or credits by comparing 
actual emissions expressed as kg HAP emissions per Mg of product to the 
applicable standard, the required documentation shall include the actual 
emission level expressed as kg HAP emissions per Mg of product.
    (4) For process sections using combustion control devices, the 
required documentation shall include the estimated percent reduction if 
a control technology achieving a lower percent reduction than the 
efficiency of the applicable reference control technology or standard is 
or will be applied to the emission point.
    (5) For process sections using combustion control devices, the 
required documentation shall include 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. 63.1332(i) shall 
be followed to apply for a nominal efficiency.
    (I) For each pollution prevention measure or control device used to 
reduce air emissions of organic HAP from each collection of continuous 
process vents located in a process section within the affected source 
subject to Sec. 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or 
(c)(1) and for which no monitoring parameters or inspection procedures 
are specified in Sec. 63.114, the information specified in paragraph (f) 
of this section, Alternative Monitoring Parameters, shall be included in 
the Emissions Averaging Plan.
    (J) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(J)(1) through (e)(4)(ii)(J)(3) of this 
section for each batch process vent and aggregate batch vent stream 
included in the average.
    (1) The required documentation shall include the values of the 
parameters used to determine whether the emission point is Group 1 or 
Group 2.
    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the emission debit and credit 
calculations in Sec. 63.1332 (g) and (h). These parameter values shall 
be specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters must be reported as required by paragraph (e)(4)(iv) of this 
section.
    (3) For batch process vents, the required documentation shall 
include the estimated percent reduction for the batch cycle. For 
aggregate batch vent streams, the required documentation shall include 
the estimated percent reduction achieved on a continuous basis.

[[Page 980]]

    (K) For each pollution prevention measure or control device used to 
reduce air emissions of organic HAP from batch process vents or 
aggregate batch vent streams and for which no monitoring parameters or 
inspection procedures are specified in Sec. 63.1324, the information 
specified in paragraph (f) of this section, Alternative Monitoring 
Parameters, shall be included in the Emissions Averaging Plan.
    (L) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(L)(1) through (e)(4)(ii)(L)(4) of this 
section for each process wastewater stream included in the average.
    (1) The required documentation shall include the data used to 
determine whether the wastewater stream is a Group 1 or Group 2 
wastewater stream and the information specified in Table 14b of subpart 
G of this part for wastewater streams at new and existing affected 
sources.
    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the wastewater emission credit and 
debit calculations in Sec. 63.1332 (g) and (h). These parameter values 
shall be specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters must be reported as required by paragraph (e)(4)(iv) of this 
section.
    (3) The required documentation shall include the estimated percent 
reduction if:
    (i) A control technology that achieves an emission reduction less 
than or equal to the emission reduction that would otherwise have been 
achieved by a steam stripper designed to the specifications found in 
Sec. 63.138(g) is or will be applied to the wastewater stream;
    (ii) 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
    (iii) A pollution prevention measure is or will be applied.
    (4) The required documentation shall include the anticipated nominal 
efficiency if the owner or operator plans to apply for a nominal 
efficiency under Sec. 63.1332(i). A nominal efficiency shall be applied 
for if:
    (i) A control technology that achieves an emission reduction greater 
than the emission reduction that would have been achieved by a steam 
stripper designed to the specifications found in Sec. 63.138(g), is or 
will be applied to the wastewater stream; or
    (ii) 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.
    (M) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec. 63.143, the information specified in 
paragraph (f) of this section, Alternative Monitoring Parameters, shall 
be included in the Emissions Averaging Plan.
    (N) The required information shall include documentation of the data 
required by Sec. 63.1332(k). The documentation 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 
Administrator, greater risk to human health or the environment than if 
the emission points were not included in an emissions average.
    (iii) Supplement to Emissions Averaging Plan. The owner or operator 
required to prepare an Emissions Averaging Plan under paragraph (e)(4) 
of this section shall also prepare a supplement to the Emissions 
Averaging Plan for any alternative controls or operating scenarios that 
may be used to achieve compliance.
    (iv) Updates to Emissions Averaging Plan. The owner or operator of 
an affected source required to submit an Emissions Averaging Plan under 
paragraph (e)(4) of this section shall also submit written updates of 
the Emissions Averaging Plan to the Administrator for approval under the 
circumstances described in paragraphs (e)(4)(iv)(A) and (e)(4)(iv)(B) of 
this section unless the relevant information has been included and 
submitted in an operating permit application or amendment.

[[Page 981]]

    (A) The owner or operator who plans to make a change listed in 
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section 
shall submit an Emissions Averaging Plan update at least 120 operating 
days prior to making the change.
    (1) An Emissions Averaging Plan update shall be submitted whenever 
an owner or operator elects to achieve compliance with the emissions 
averaging provisions in Sec. 63.1332 by using a control technique other 
than that specified in the Emissions Averaging Plan or plans to monitor 
a different parameter or operate a control device in a manner other than 
that specified in the Emissions Averaging Plan.
    (2) An Emissions Averaging Plan update shall be submitted whenever 
an emission point or a TPPU is added to an existing affected 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 
Emissions Averaging Plan is to be added to an emissions average. The 
information in paragraph (e)(4) of this section shall be updated to 
include the additional emission point.
    (B) The owner or operator who has made a change as defined in 
paragraph (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall 
submit an Emissions Averaging Plan update within 90 operating days after 
the information regarding the change is known to the affected 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.
    (1) An Emissions Averaging Plan update shall be submitted whenever a 
process change is made such that the group status of any emission point 
in an emissions average changes.
    (2) An Emissions Averaging Plan update shall be submitted whenever a 
value of a parameter in the emission credit or debit equations in 
Sec. 63.1332 (g) or (h) changes such that it is below the minimum or 
above the maximum established level specified in the Emissions Averaging 
Plan and causes a decrease in the projected credits or an increase in 
the projected debits.
    (C) The Administrator shall approve or request changes to the 
Emissions Averaging Plan update within 120 operating days of receipt of 
sufficient information regarding the change for emission points included 
in emissions averages.
    (5) Notification of Compliance Status. For existing and new affected 
sources, a Notification of Compliance Status shall be submitted within 
150 operating days after the compliance dates specified in Sec. 63.1311. 
The notification shall contain the information listed in paragraphs 
(e)(5)(i) through (e)(5)(viii) of this section.
    (i) The results of any emission point group determinations, process 
section applicability determinations, performance tests, inspections, 
continuous monitoring system performance evaluations, any other 
information used to demonstrate compliance, and any other information 
required to be included in the Notification of Compliance Status under 
Sec. 63.122 for storage vessels, Sec. 63.117 for continuous process 
vents, Sec. 63.146 for process wastewater, Sec. 63.1316 through 
Sec. 63.1320 for continuous process vents subject to Sec. 63.1316, 
Sec. 63.1327 for batch process vents, Sec. 63.1329 for process contact 
cooling towers, and Sec. 63.1332 for emission points included in an 
emissions average. In addition, each owner or operator shall comply with 
paragraph (e)(5)(i)(A) and (e)(5)(i)(B) of this section.
    (A) For performance tests, group determinations, and process section 
applicability determinations that are based on measurements, the 
Notification of Compliance Status shall include one complete test 
report, as described in paragraph (e)(5)(i)(B) of this section, 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 required information shall be 
submitted, but a complete test report is not required.
    (B) 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

[[Page 982]]

sheets for field sampling, raw data sheets for field and laboratory 
analyses, documentation of calculations, and any other information 
required by the test method.
    (ii) For each monitored parameter for which a maximum or minimum 
level is required to be established under Sec. 63.120(d)(3) for storage 
vessels, Sec. 63.114(e) for continuous process vents, Sec. 63.1324 for 
batch process vents and aggregate batch vent streams, Sec. 63.143(f) for 
process wastewater, Sec. 63.1332(m) for emission points in emissions 
averages, paragraph (e)(8) or (f) of this section, the Notification of 
Compliance Status shall contain the information specified in paragraphs 
(e)(5)(ii)(A) through (e)(5)(ii)(D) of this section, unless this 
information has been established and provided in the operating permit.
    (A) The required information shall include the specific maximum or 
minimum level of the monitored parameter(s) for each emission point.
    (B) The required information shall include the rationale for the 
specific maximum or minimum level for each parameter for each emission 
point, including any data and calculations used to develop the level and 
a description of why the level indicates proper operation of the control 
device.
    (C) The required information shall include a definition of the 
affected source's operating day, as specified in paragraph (d)(3)(ii) of 
this section, for purposes of determining daily average values or batch 
cycle daily average values of monitored parameters.
    (D) For batch process vents, the required information shall include 
a definition of each batch cycle that requires the control of one or 
more batch emission episodes during the cycle, as specified in 
Sec. 63.1325(c)(2) and Sec. 63.1334(b)(3)(iii).
    (iii) For emission points included in an emissions average, the 
Notification of Compliance Status shall contain the values of all 
parameters needed for input to the emission credit and debit equations 
in Sec. 63.1332 (g) and (h), calculated or measured according to the 
procedures in Sec. 63.1332 (g) and (h), and the resulting calculation of 
credits and debits for the first quarter of the year. The first quarter 
begins on the compliance date specified.
    (iv) The determination of applicability for flexible operation units 
as specified in Sec. 63.1310(f)(6).
    (v) The parameter monitoring levels for flexible operation units, 
and the basis on which these levels were selected, or a demonstration 
that these levels are appropriate at all times, as specified in 
Sec. 63.1310(f)(7).
    (vi) The results for each predominant use determination for storage 
vessels belonging to an affected source subject to this subpart that is 
made under Sec. 63.1310(g)(6).
    (vii) The results for each predominant use determination for 
recovery operation equipment belonging to an affected source subject to 
this subpart that is made under Sec. 63.1310(h)(6).
    (viii) For owners or operators of Group 2 batch process vents 
establishing a batch cycle limitation as specified in Sec. 63.1325(g), 
the affected source's operating year for purposes of determining 
compliance with the batch cycle limitation.
    (6) Periodic Reports. For existing and new affected sources, each 
owner or operator shall submit Periodic Reports as specified in 
paragraphs (e)(6)(i) through (e)(6)(xi) of this section.
    (i) Except as specified in paragraphs (e)(6)(x) and (e)(6)(xi) of 
this section, a report containing the information in paragraph 
(e)(6)(ii) of this section or containing the information in paragraphs 
(e)(6)(iii) through (e)(6)(ix) of this section, as appropriate, shall be 
submitted semiannually no later than 60 operating days after the end of 
each 180 day period. The first report shall be submitted no later than 
240 days 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. Subsequent reports shall cover each preceding 
6-month period.
    (ii) If none of the compliance exceptions specified in paragraphs 
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period, the Periodic Report required by paragraph (e)(6)(i) of 
this section shall be a statement that the affected source was in 
compliance for the preceding 6-month period and no activities specified 
in paragraphs (e)(6)(iii) through (e)(6)(ix)

[[Page 983]]

of this section occurred during the preceding 6-month period.
    (iii) For an owner or operator of an affected source complying with 
the provisions of Secs. 63.1314 through 63.1330 for any emission point 
or process section, Periodic Reports shall include:
    (A) All information specified in Sec. 63.122 for storage vessels; 
Secs. 63.117 and 63.118 and Sec. 63.1320 for continuous process vents, 
as applicable; Sec. 63.1327 for batch process vents and aggregate batch 
vent streams; Sec. 63.104 for heat exchange systems; and Sec. 63.146 for 
process wastewater;
    (B) The daily average values or batch cycle daily average values of 
monitored parameters for both excused excursions, as defined in 
Sec. 63.1334(g), and unexcused excursions, as defined in 
Sec. 63.1334(f). For excursions caused by lack of monitoring data, the 
duration of periods when monitoring data were not collected shall be 
specified;
    (C) The periods when monitoring data were not collected shall be 
specified;
    (D) The information in paragraphs (e)(6)(iii)(D)(1) through 
(e)(6)(iii)(D)(3) of this section, as applicable:
    (1) Any supplements to the Emissions Averaging Plan, as required in 
paragraph (e)(4)(iii) of this section;
    (2) Notification if 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 paragraphs 
(e)(6)(iii)(D)(2)(i) and (e)(6)(iii)(D)(2)(ii) of this section, for 
emission points that are added or that change from Group 2 to Group 1 as 
specified in Sec. 63.1310(i)(2)(ii); for continuous process vents under 
the conditions listed in Sec. 63.1315(a)(12) or Sec. 63.1320(b)(3), as 
applicable; or for batch process vents under the conditions listed in 
Sec. 63.1327(b) or Sec. 63.1327(d). This information may be submitted in 
a separate report, as specified in Sec. 63.1315(a)(12), 
Sec. 63.1320(b)(3), Sec. 63.1327(b), or Sec. 63.1327(d); and
    (i) The owner or operator shall submit to the Administrator for 
approval a compliance schedule and a justification for the schedule.
    (ii) The Administrator shall approve the compliance schedule or 
request changes within 120 operating days of receipt of the compliance 
schedule and justification.
    (3) Notification if one or more emission point(s) or one or more 
TPPU is added to an affected source. The owner or operator shall submit 
the information contained in paragraphs (e)(6)(iii)(D)(3)(i) through 
(e)(6)(iii)(D)(3)(iii) of this section:
    (i) A description of the addition to the affected source;
    (ii) Notification of the group status of the additional emission 
point or all emission points in the TPPU; and
    (iii) A compliance schedule, as required under paragraph 
(e)(6)(iii)(D)(2) of this section.
    (E) The information in paragraph (b)(1)(ii) of this section for 
reports of start-up, shutdown, and malfunction.
    (iv) For each batch process vent with a batch cycle limitation, 
every second Periodic Report shall include the type and number of batch 
cycles accomplished during the preceding 12-month period and a statement 
that the batch process vent is either in or out of compliance with the 
batch cycle limitation.
    (v) If any performance tests are reported in a Periodic Report, the 
following information shall be included:
    (A) 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 (e)(5)(i)(B) 
of this section.
    (B) For additional tests performed for the same kind of emission 
point using the same method, results and any other information required 
shall be submitted, but a complete test report is not required.
    (vi) The Periodic Report shall include the results for each change 
made to a primary product determination for a thermoplastic product made 
under Sec. 63.1310(f)(6).
    (vii) The Periodic Report shall include the results for each change 
made to a predominant use determination for a storage vessel belonging 
to an affected source subject to this subpart that is made under 
Sec. 63.1310(g)(6).
    (viii) The Periodic Report shall include the results for each change 
made to a predominant use determination for

[[Page 984]]

recovery operation equipment belonging to an affected source subject to 
this subpart that is made under Sec. 63.1310(h)(6).
    (ix) The Periodic Report required by Sec. 63.1331(a)(5) may be 
submitted as part of the Periodic Report required by paragraph (e)(6) of 
this section.
    (x) The owner or operator of an affected source shall submit 
quarterly reports for all emission points included in an emissions 
average.
    (A) The quarterly reports shall be submitted no later than 60 
operating days after the end of each quarter. The first report shall be 
submitted with the Notification of Compliance Status no later than 150 
days after the compliance date.
    (B) The quarterly reports shall include the information specified in 
paragraphs (e)(6)(x)(B)(1) through (e)(6)(x)(B)(7) of this section for 
all emission points included in an emissions average.
    (1) The credits and debits calculated each month during the quarter;
    (2) 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. 63.1332(e)(4);
    (3) The values of any inputs to the debit and credit equations in 
Sec. 63.1332(g) and (h) that change from month to month during the 
quarter or that have changed since the previous quarter;
    (4) 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 (e)(6)(v) of 
this section;
    (5) Reports of daily average (or batch cycle daily average) values 
of monitored parameters for excursions as defined in Sec. 63.1334(f);
    (6) For excursions caused by lack of monitoring data, the duration 
of periods when monitoring data were not collected shall be specified; 
and
    (7) Any other information the affected source is required to report 
under the operating permit or Emissions Averaging Plan for the affected 
source.
    (C) Sec. 63.1334 shall govern the use of monitoring data to 
determine compliance for Group 1 and Group 2 emission points included in 
emissions averages.
    (D) Every fourth quarterly report shall include the following:
    (1) A demonstration that annual credits are greater than or equal to 
annual debits as required by Sec. 63.1332(e)(3); and
    (2) A certification of compliance with all the emissions averaging 
provisions in Sec. 63.1332.
    (xi) The owner or operator of an affected source shall submit 
quarterly reports for particular emission points and process sections 
not included in an emissions average as specified in paragraphs 
(e)(6)(xi)(A) through (e)(6)(xi)(E) of this section.
    (A) If requested by the Administrator, the owner or operator of an 
affected source shall submit quarterly reports for a period of 1 year 
for an emission point or process section that is not included in an 
emissions average if either condition in paragraph (e)(6)(xi)(A)(1) or 
(e)(6)(xi)(A)(2) of this section is met.
    (1) An emission point has any excursions, as defined in 
Sec. 63.1334(f), for a semiannual reporting period.
    (2) A process section subject to Sec. 63.1316 is out of compliance 
with its applicable standard.
    (B) The quarterly reports shall include all information specified in 
paragraphs (e)(6)(iii) through (e)(6)(ix) of this section applicable to 
the emission point or process section for which quarterly reporting is 
required under paragraph (e)(6)(xi)(A) of this section. Information 
applicable to other emission points within the affected source shall be 
submitted in the semiannual reports required under paragraph (e)(6)(i) 
of this section.
    (C) Quarterly reports shall be submitted no later than 60 operating 
days after the end of each quarter.
    (D) After quarterly reports have been submitted for an emission 
point for 1 year, the owner or operator may return to semiannual 
reporting for the emission point or process section unless the 
Administrator requests the owner or operator to continue to submit 
quarterly reports.
    (E) Sec. 63.1334 shall govern the use of monitoring data to 
determine compliance for Group 1 emission points.

[[Page 985]]

    (7) Other reports. Other reports shall be submitted as specified in 
paragraphs (e)(7)(i) through (e)(7)(ii) of this section.
    (i) For storage vessels, the notifications of inspections required 
by Sec. 63.1314 shall be submitted as specified in Sec. 63.122 (h)(1) 
and (h)(2).
    (ii) For owners or operators of affected sources required to request 
approval for a nominal control efficiency for use in calculating credits 
for an emissions average, the information specified in Sec. 63.1332(i) 
shall be submitted.
    (8) Operating permit. An owner or operator who submits an operating 
permit application instead of an Emissions Averaging Plan or a 
Precompliance Report shall submit the following information with the 
operating permit application:
    (i) The information specified in paragraph (e)(4) of this section 
for points included in an emissions average;
    (ii) The information specified in paragraph (e)(5) of this section, 
Notification of Compliance Status, as applicable; and
    (iii) The information specified in paragraph (e)(3) of this section, 
Precompliance Report, as applicable.
    (f) Alternative monitoring parameters. 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 specified in Sec. 63.1314 for storage vessels, Sec. 63.1315 
or 63.1317, as appropriate, for continuous process vents, Sec. 63.1321 
for batch process vents and aggregate batch vent streams, or 
Sec. 63.1330 for wastewater shall submit the information specified in 
paragraphs (f)(1) through (f)(3) of this section in the Precompliance 
Report, as required by paragraph (e)(3) of this section. The owner or 
operator shall retain for a period of 5 years each record required by 
paragraphs (f)(1) through (f)(3) of this section.
    (1) The required information shall include a description of the 
parameter(s) to be monitored to ensure the recovery device, control 
device, 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) The required information shall include a description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation, the schedule for this 
demonstration, and a statement that the owner or operator will establish 
a level for the monitored parameter as part of the Notification of 
Compliance Status report required in paragraph (e)(5) of this section, 
unless this information has already been included in the operating 
permit application.
    (3) The required information shall include a description of the 
proposed monitoring, recordkeeping, and reporting system, to include the 
frequency and content of monitoring, recordkeeping, and reporting. 
Further, the rationale for the proposed monitoring, recordkeeping, and 
reporting system shall be included if either condition in paragraph 
(f)(3)(i) or (f)(3)(ii) of this section is met:
    (i) If monitoring and recordkeeping is not continuous; or
    (ii) If reports of daily average values will not be included in 
Periodic Reports when the monitored parameter value is above the maximum 
level or below the minimum level as established in the operating permit 
or the Notification of Compliance Status.
    (g) Alternative continuous monitoring and recordkeeping. An owner or 
operator choosing not to implement the provisions listed in Sec. 63.1315 
or 63.1317, as appropriate, for continuous process vents, Sec. 63.1321 
for batch process vents and aggregate batch vent streams, Sec. 63.1314 
for storage vessels, or Sec. 63.1330 for wastewater, may instead request 
approval to use alternative continuous monitoring and recordkeeping 
provisions according to the procedures specified in paragraphs (g)(1) 
through (g)(4) of this section. Requests shall be submitted in the 
Precompliance Report as specified in paragraph (e)(3) of this section, 
if not already included in the operating permit application, and shall 
contain the information specified in paragraphs (g)(2)(ii) and 
(g)(3)(ii) of this section, as applicable.
    (1) The provisions in Sec. 63.8(f)(5)(i) shall govern the review and 
approval of requests.

[[Page 986]]

    (2) An owner or operator of an affected source that does not have an 
automated monitoring and recording system capable of measuring parameter 
values at least once every 15 minutes and that does not generate 
continuous records may request approval to use a nonautomated system 
with less frequent monitoring, in accordance with paragraphs (g)(2)(i) 
and (g)(2)(ii) of this section.
    (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 (or batch cycle 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 affected 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 or 
recovery device operating conditions, considering typical variability of 
the specific process and control or recovery device operating parameter 
being monitored.
    (3) 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, in accordance with paragraphs (g)(3)(i) 
and (g)(3)(ii) of this section.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once every 15 
minutes;
    (B) Except for the monitoring of batch process vents, calculate 
hourly average 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) Calculate daily average (or batch cycle daily average) values of 
the monitored operating parameter based on all measured data; and
    (F) If the daily average is not an excursion, as defined in 
Sec. 63.1334(f), 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) A description of the monitoring system and data compression 
recording system, including the criteria used to determine which 
monitored values are recorded and retained;
    (B) The method for calculating daily averages and batch cycle daily 
averages; and
    (C) A demonstration that the system meets all criteria in paragraph 
(g)(3)(i) of this section.
    (4) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f).
    (h) Reduced recordkeeping program. For any parameter with respect to 
any item of equipment, the owner or operator may implement the 
recordkeeping requirements specified in paragraph (h)(1) or (h)(2) of 
this section as alternatives to the provisions specified in Sec. 63.1314 
for storage vessels, Sec. 63.1315 or 63.1317, as appropriate, for 
continuous process vents, Sec. 63.1321 for batch process vents and 
aggregate batch vent streams, or Sec. 63.1330 for wastewater. The owner 
or operator shall retain for a period of 5 years each record required by 
paragraph (h)(1) or (h)(2) of this section.
    (1) The owner or operator may retain only the daily average (or 
batch cycle daily average) value, and is not required to retain more 
frequent monitored operating parameter values, for a monitored parameter 
with respect to an item of equipment, if the requirements of paragraphs 
(h)(1)(i) through (h)(1)(vi) of this section are met. An owner or 
operator electing to comply with the requirements of paragraph (h)(1) of 
this section shall notify the Administrator in the Notification of

[[Page 987]]

Compliance Status or, if the Notification of Compliance Status has 
already been submitted, in the Periodic Report immediately preceding 
implementation of the requirements of paragraph (h)(1) of this section.
    (i) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation other than start-ups, 
shutdowns, or malfunctions (e.g., a temperature reading of -200  deg.C 
on a boiler), and will alert the operator by alarm or other means. The 
owner or operator shall record the occurrence. All instances of the 
alarm or other alert in an operating day constitute a single occurrence.
    (ii) The monitoring system generates, updated at least hourly 
throughout each operating day, a running average of the monitoring 
values that have been obtained during that operating day, and the 
capability to observe this running average is readily available to the 
Administrator on-site during the operating day. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (h)(1)(ii)(A) through (h)(1)(ii)(C) of this section. All 
instances in an operating day constitute a single occurrence.
    (A) The running average is above the maximum or below the minimum 
established limits;
    (B) The running average is based on at least six 1-hour periods; and
    (C) The running average reflects a period of operation other than a 
start-up, shutdown, or malfunction.
    (iii) The monitoring system is capable of detecting unchanging data 
during periods of operation other than start-ups, shutdowns, or 
malfunctions, except in circumstances where the presence of unchanging 
data is the expected operating condition based on past experience (e.g., 
pH in some scrubbers), and will alert the operator by alarm or other 
means. The owner or operator shall record the occurrence. All instances 
of the alarm or other alert in an operating day constitute a single 
occurrence.
    (iv) The monitoring system will alert the owner or operator by an 
alarm, if the running average parameter value calculated under paragraph 
(h)(1)(ii) of this section reaches a set point that is appropriately 
related to the established limit for the parameter that is being 
monitored.
    (v) The owner or operator shall verify the proper functioning of the 
monitoring system, including its ability to comply with the requirements 
of paragraph (h)(1) of this section, at the times specified in 
paragraphs (h)(1)(v)(A) through (h)(1)(v)(C). The owner or operator 
shall document that the required verifications occurred.
    (A) Upon initial installation.
    (B) Annually after initial installation.
    (C) After any change to the programming or equipment constituting 
the monitoring system, which might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(C) of this section.
    (A) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (h) of this section.
    (B) A description of the applicable monitoring system(s), and of how 
compliance will be achieved with each requirement of paragraphs 
(h)(1)(i) through (h)(1)(v) of this section. The description shall 
identify the location and format (e.g., on-line storage, log entries) 
for each required record. If the description changes, the owner or 
operator shall retain both the current and the most recent superseded 
description.
    (C) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to affect its ability to comply 
with the requirements of paragraph (h)(1) of this section.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (h)(1) of this section for a monitored 
parameter with respect to an item of equipment and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (h)(2)(iv) of this section, the owner or operator is no longer 
required to record the daily average (or batch cycle daily average) 
value for any operating day when the daily average (or batch cycle

[[Page 988]]

daily average) value is less than the maximum or greater than the 
minimum established limit. With approval by the Administrator, 
monitoring data generated prior to the compliance date of this subpart 
shall be credited toward the period of 6 consecutive months, if the 
parameter limit and the monitoring accomplished during the period prior 
to the compliance date was required and/or approved by the 
Administrator.
    (i) If the owner or operator elects not to retain the daily average 
(or batch cycle daily average) values, the owner or operator shall 
notify the Administrator in the next Periodic Report. The notification 
shall identify the parameter and unit of equipment.
    (ii) If, on any operating day after the owner or operator has ceased 
recording daily average (or batch cycle daily average) values as 
provided in paragraph (h)(2) of this section, there is an excursion as 
defined in paragraph (h)(2)(iv) of this section, the owner or operator 
shall immediately resume retaining the daily average (or batch cycle 
daily average) value for each operating day and shall notify the 
Administrator in the next Periodic Report. The owner or operator shall 
continue to retain each daily average (or batch cycle daily average) 
value until another period of 6 consecutive months has passed without an 
excursion as defined in paragraph (h)(2)(iv) of this section.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (h)(1)(i), (h)(1)(ii), and (h)(1)(vi) of this section, for 
the duration specified in paragraph (h) of this section. For any 
calendar week, if compliance with paragraphs (h)(1)(i) through 
(h)(1)(iv) of this section does not result in retention of a record of 
at least one occurrence or measured parameter value, the owner or 
operator shall record and retain at least one parameter value during a 
period of operation other than a start-up, shutdown, or malfunction.
    (iv) For purposes of paragraph (h) of this section, an excursion 
means that the daily average (or batch cycle daily average) value of 
monitoring data for a parameter is greater than the maximum, or less 
than the minimum established value, except as provided in paragraphs 
(h)(2)(iv)(A) and (h)(2)(iv)(B) of this section.
    (A) The daily average (or batch cycle daily average) value during 
any start-up, shutdown, or malfunction shall not be considered an 
excursion for purposes of paragraph (h)(2) of this section, if the owner 
or operator follows the applicable provisions of the start-up, shutdown, 
and malfunction plan required by Sec. 63.6(e)(3).
    (B) An excused excursion, as described in Sec. 63.1334(g), shall not 
be considered an excursion for purposes of paragraph (h)(2) of this 
section.
                    Tables to Subpart JJJ of Part 63

                  Table 1.--Applicability of General Provisions to Subpart JJJ Affected Sources                 
----------------------------------------------------------------------------------------------------------------
                     Reference                         Applies to  subpart JJJ                Comment           
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)........................................  Yes..........................  Sec.  63.1312 specifies      
                                                                                    definitions in addition to  
                                                                                    or that supersede           
                                                                                    definitions in Sec.  63.2.  
63.1(a)(2)-63.1(a)(3).............................  Yes.                                                        
63.1(a)(4)........................................  Yes..........................  Subpart JJJ (this table)     
                                                                                    specifies the applicability 
                                                                                    of each paragraph in subpart
                                                                                    A to subpart JJJ.           
63.1(a)(5)........................................  No...........................  Reserved.                    
63.1(a)(6)-63.1(a)(8).............................  Yes.                                                        
63.1(a)(9)........................................  No...........................  Reserved.                    
63.1(a)(10).......................................  No...........................  Subpart JJJ and other cross- 
                                                                                    referenced subparts specify 
                                                                                    calendar or operating day.  
63.1(a)(11).......................................  Yes.                                                        
63.1(a)(12)-63.1(a)(14)...........................  Yes.                                                        
63.1(b)(1)........................................  Yes..........................  Subpart JJJ (this table)     
                                                                                    specifies the applicability 
                                                                                    of each paragraph in subpart
                                                                                    A to subpart JJJ.           
63.1(b)(2)........................................  Yes.                                                        
63.1(b)(3)........................................  No...........................  Sec.  63.1310(b) provides    
                                                                                    documentation requirements  
                                                                                    for TPPUs not considered    
                                                                                    affected sources.           

[[Page 989]]

                                                                                                                
63.1(c)(1)........................................  Yes..........................  Subpart JJJ (this table)     
                                                                                    specifies the applicability 
                                                                                    of each paragraph in subpart
                                                                                    A to subpart JJJ.           
63.1(c)(2)........................................  No...........................  Area sources are not subject 
                                                                                    to subpart JJJ.             
63.1(c)(3)........................................  No...........................  Reserved.                    
63.1(c)(4)........................................  Yes.                                                        
63.1(c)(5)........................................  Yes..........................  Except that affected sources 
                                                                                    are not required to submit  
                                                                                    notifications overridden by 
                                                                                    this table.                 
63.1(d)...........................................  No...........................  Reserved.                    
63.1(e)...........................................  Yes.                                                        
63.2..............................................  Yes..........................  Sec.  63.1312 specifies those
                                                                                    subpart A definitions that  
                                                                                    apply to subpart JJJ.       
63.3..............................................  Yes..........................  Subpart JJJ specifies those  
                                                                                    units of measure that apply 
                                                                                    to subpart JJJ.             
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)...........................................  Yes.                                                        
63.5(b)(1)........................................  Yes.                                                        
63.5(b)(2)........................................  No...........................  Reserved.                    
63.5(b)(3)........................................  Yes.                                                        
63.5(b)(4)........................................  No...........................  Area sources are not subject 
                                                                                    to subpart JJJ.             
63.5(b)(5)........................................  Yes.                                                        
63.5(b)(6)........................................  No...........................  Sec.  63.1310(i) specifies   
                                                                                    requirements.               
63.5(c)...........................................  No...........................  Reserved.                    
63.5(d)(1)(i).....................................  No.                                                         
63.5(d)(1)(ii)....................................  Yes..........................  Except that for affected     
                                                                                    sources subject to subpart  
                                                                                    JJJ, emission estimates     
                                                                                    specified in Sec.           
                                                                                    63.5(d)(1)(ii)(H) are not   
                                                                                    required.                   
63.5(d)(1)(iii)...................................  Yes..........................  Except that Sec.             
                                                                                    63.1335(e)(5) specifies     
                                                                                    Notification of Compliance  
                                                                                    Status requirements.        
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 where Sec.       
                                                                                    63.5(d)(1) is referred to,  
                                                                                    Sec.  63.5(d)(1)(i) does not
                                                                                    apply.                      
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...........................  Reserved.                    
63.6(b)(7)........................................  Yes.                                                        
63.6(c)(1)........................................  Yes..........................  Sec.  63.1311 specifies the  
                                                                                    compliance date.            
63.6(c)(2)........................................  Yes.                                                        
63.6(c)(3)........................................  No...........................  Reserved.                    
63.6(c)(4)........................................  No...........................  Reserved.                    
63.6(c)(5)........................................  Yes.                                                        
63.6(d)...........................................  No...........................  Reserved.                    
63.6(e)...........................................  Yes..........................  Except 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.                    
63.6(f)(1)........................................  Yes.                                                        
63.6(f)(2)........................................  Yes..........................  Except Sec.  63.7(c), as     
                                                                                    referred to in Sec.         
                                                                                    63.6(f)(2)(iii)(D), does not
                                                                                    apply.                      
63.6(f)(3)........................................  Yes.                                                        
63.6(g)...........................................  Yes.                                                        
63.6(h)...........................................  No...........................  Subpart JJJ 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)........................................  Yes.                                                        
63.7(a)(2)........................................  No...........................  Sec.  63.1335(e)(5) specifies
                                                                                    submittal dates.            
63.7(a)(3)........................................  Yes.                                                        
63.7(b)...........................................  No...........................  Sec.  63.1333(a)(4) specifies
                                                                                    notification requirements.  

[[Page 990]]

                                                                                                                
63.7(c)...........................................  No.                                                         
63.7(d)...........................................  Yes.                                                        
63.7(e)...........................................  Yes..........................  Except that performance tests
                                                                                    must be conducted at maximum
                                                                                    representative operating    
                                                                                    conditions. In addition,    
                                                                                    some of the testing         
                                                                                    requirements specified in   
                                                                                    subpart JJJ are not         
                                                                                    consistent with Sec.        
                                                                                    63.7(e)(3).                 
63.7(f)...........................................  Yes.                                                        
63.7(g)...........................................  Yes..........................  Except that references to the
                                                                                    Notification of Compliance  
                                                                                    Status report in Sec.       
                                                                                    63.9(h) are replaced with   
                                                                                    the requirements in Sec.    
                                                                                    63.1335(e)(5).              
63.7(h)...........................................  Yes..........................  Except Sec.  63.7(h)(4)(ii)  
                                                                                    is not applicable, since the
                                                                                    site-specific test plans in 
                                                                                    Sec.  63.7(c)(3) are not    
                                                                                    required.                   
63.8(a)(1)........................................  Yes.                                                        
63.8(a)(2)........................................  No.                                                         
63.8(a)(3)........................................  No...........................  Reserved.                    
63.8(a)(4)........................................  Yes.                                                        
63.8(b)(1)........................................  Yes.                                                        
63.8(b)(2)........................................  No...........................  Subpart JJJ specifies        
                                                                                    locations to conduct        
                                                                                    monitoring.                 
63.8(b)(3).                                                                                                     
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...........................  Sec.  63.1334 specifies      
                                                                                    monitoring frequency.       
63.8(c)(5)-63.8(c)(8).............................  No.                                                         
63.8(d)...........................................  No.                                                         
63.8(e)...........................................  No.                                                         
63.8(f)(1)-63.8(f)(3).............................  Yes.                                                        
63.8(f)(4)(i).....................................  No...........................  Timeframe for submitting     
                                                                                    request is specified in Sec.
                                                                                     63.1335(e).                
63.8(f)(4)(ii)....................................  No.                                                         
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 JJJ does not require 
                                                                                    continuous emission         
                                                                                    monitors.                   
63.8(g)...........................................  No...........................  Data reduction procedures    
                                                                                    specified in Sec.           
                                                                                    63.1335(d).                 
63.9(a)...........................................  Yes.                                                        
63.9(b)...........................................  No...........................  Subpart JJJ does not require 
                                                                                    an initial notification.    
63.9(c)...........................................  Yes.                                                        
63.9(d)...........................................  Yes.                                                        
63.9(e)...........................................  No.                                                         
63.9(f)...........................................  No...........................  Subpart JJJ does not require 
                                                                                    opacity and visible emission
                                                                                    standards.                  
63.9(g)...........................................  No.                                                         
63.9(h)...........................................  No...........................  Sec.  63.1335(e)(5) specifies
                                                                                    Notification of Compliance  
                                                                                    Status requirements.        
63.9(i)...........................................  Yes.                                                        
63.9(j)...........................................  No.                                                         
63.10(a)..........................................  Yes.                                                        
63.10(b)(1).......................................  Yes.                                                        
63.10(b)(2).......................................  Yes.                                                        
63.10(b)(3).......................................  No...........................  Sec.  63.1310(b) requires    
                                                                                    documentation of sources    
                                                                                    that are not affected       
                                                                                    sources.                    
63.10(c)..........................................  No...........................  Sec.  63.1335 specifies      
                                                                                    recordkeeping requirements. 
63.10(d)(1).......................................  Yes.                                                        
63.10(d)(2).......................................  No.                                                         
63.10(d)(3).......................................  No...........................  Subpart JJJ does not require 
                                                                                    opacity and visible emission
                                                                                    standards.                  
63.10(d)(4).......................................  Yes.                                                        
63.10(d)(5).......................................  Yes..........................  Except that reports required 
                                                                                    by Sec.  63.10(d)(5)(i) may 
                                                                                    be submitted at the same    
                                                                                    time as Periodic Reports    
                                                                                    specified in Sec.           
                                                                                    63.1335(e)(6). The start-up,
                                                                                    shutdown, and malfunction   
                                                                                    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.                    
63.10(e)..........................................  No.                                                         

[[Page 991]]

                                                                                                                
63.10(f)..........................................  Yes.                                                        
63.10(d)(4).......................................  Yes.                                                        
63.12.............................................  Yes.                                                        
63.13.............................................  Yes.                                                        
63.14.............................................  Yes.                                                        
63.15.............................................  Yes.                                                        
----------------------------------------------------------------------------------------------------------------


     Table 2.--Group 1 Storage Vessels at Existing Affected Sources     
------------------------------------------------------------------------
                                                          Vapor pressure
             Vessel capacity (cubic meters)                      a      
                                                           (kilopascals)
------------------------------------------------------------------------
75  capacity < 151...........................  13.
                                                                       1
151  capacity................................  5.2
                                                                        
------------------------------------------------------------------------
a Maximum true vapor pressure of total organic HAP at storage           
  temperature.                                                          


       Table 3.--Group 1 Storage Vessels at Existing Affected Sources Producing the Listed Thermoplastics       
----------------------------------------------------------------------------------------------------------------
                                                                                                       Vapor    
           Thermoplastic                      Chemical a          Vessel capacity (cubic meters)    pressure b  
                                                                                                   (kilopascals)
----------------------------------------------------------------------------------------------------------------
ASA/AMSAN c........................  Styrene/acrylonitrile        3.78..........................            0.47
                                      mixture.                                                                  
                                     Acrylonitrile..............  75.7..........................            1.62
Polystyrene, continuous processes..  ...........................  38 and <75.7..................            14.2
                                                                  75.7..........................             1.9
Nitrile c..........................  Acrylonitrile..............   13.25........................            1.8 
----------------------------------------------------------------------------------------------------------------
a Vessel capacity and vapor pressure criteria are specific to the listed chemical. When chemical not listed     
  (i.e., --), vessel capacity and vapor pressure criteria apply to all chemicals regulated by this rule for a   
  given subcategory.                                                                                            
b Maximum true vapor pressure of total organic HAP at storage temperature.                                      
c The applicability criteria in Table 2 of this subpart shall be used for chemicals not specifically listed in  
  this table (i.e., Table 3).                                                                                   


        Table 4.--Group 1 Storage Vessels at New Affected Sources       
------------------------------------------------------------------------
                                                               Vapor    
             Vessel capacity (cubic meters)                 pressure a  
                                                           (kilopascals)
------------------------------------------------------------------------
38  capacity < 151...........................  13.
                                                                       1
151  capacity................................  0.7
                                                                        
------------------------------------------------------------------------
a Maximum true vapor pressure of total organic HAP at storage           
  temperature.                                                          


          Table 5.--Group 1 Storage Vessels at New Affected Sources Producing the Listed Thermoplastics         
----------------------------------------------------------------------------------------------------------------
                                                           Vessel capacity (cubic          Vapor pressure b     
          Thermoplastic                 Chemical a                meters)                   (kilopascals)       
----------------------------------------------------------------------------------------------------------------
ASA/AMSAN c......................  Styrene/             3.78............  0.47.           
                                    acrylonitrile                                                               
                                    mixture.                                                                    
                                   Acrylonitrile......  75.7............  1.62.           
SAN, continuous..................                       2,271...........  0.5vp<0.7.      
                                                        151.............  0.7vp
                                                                                      10.                       
                                                        30 and <151.....  vp10.           
                                                        151.............  vp10.           
Nitrile c........................  Acrylonitrile......  13.25...........  1.8.            
Polystyrene, continuous processes                       19.6 and <45.4..  vp7.48.         
                                                        45.4 and <109.8.  vp0.61.         
                                                        109.8...........  vp0.53.         
ABS, continuous mass.............  Styrene............  45.43...........  0.078.          
                                                        38 and <45.43...  vp13.1.         
                                                        45.43...........  vp0.53.         
----------------------------------------------------------------------------------------------------------------
a Vessel capacity and vapor pressure criteria are specific to the listed chemical. When chemical not listed     
  (i.e., --), vessel capacity and vapor pressure criteria apply to all chemicals regulated by this rule for a   
  given subcategory.                                                                                            
b Maximum true vapor pressure of total organic HAP at storage temperature.                                      

[[Page 992]]

                                                                                                                
c The applicability criteria in Table 4 of this subpart shall be used for chemicals not specifically listed in  
  this table (i.e., Table 5).                                                                                   


                                      Table 6.--Known Organic Hazardous Air Pollutants From Thermoplastic Products                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Organic HAP/chemical name (CAS No.)                               
                                                      --------------------------------------------------------------------------------------------------
          Thermoplastic product/subcategory                                              1,3                      Ethylene                              
                                                       Acetaldehyde  Acrylonitrile    Butadiene    1,4-Dioxane  Glycol (107-  Methanol (67- Styrene (100-
                                                         (75-07-0)     (107-13-1)    (106-99-0)    (123-91-1)       21-1)         56-1)         42-5)   
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABS latex............................................  ............                 ............  ............  ............       
ABS using a batch emulsion process...................  ............                 ............  ............  ............       
ABS using a batch suspension process.................  ............                 ............  ............  ............       
ABS using a continuous emulsion process..............  ............                 ............  ............  ............       
ABS using a continuous mass process..................  ............                 ............  ............  ............       
ASA/AMSAN............................................  ............                 ............  ............  ............       
EPS..................................................  ............  .............  ............  ............  ............  ............       
MABS.................................................  ............                 ............  ............  ............       
MBS..................................................  ............  .............         ............  ............  ............       
Nitrile resin........................................  ............          ............  ............  ............  ............  ............
PET using a batch dimethyl terephthalate process.....         .............  ............                       ............
PET using a batch terephthalic acid process..........         .............  ............                ............  ............
PET using a continuous dimethyl terephthalate process         .............  ............                       ............
PET using a continuous terephthalic acid process.....         .............  ............                ............  ............
PET using a continuous terephthalic acid high                                                                                                           
 viscosity multiple end finisher process.............         .............  ............                ............  ............
Polystyrene resin using a batch process..............  ............  .............  ............  ............  ............  ............       
Polystyrene resin using a continuous process.........  ............  .............  ............  ............  ............  ............       
SAN using a batch process............................  ............          ............  ............  ............  ............       
SAN using a continuous process.......................  ............          ............  ............  ............  ............       
--------------------------------------------------------------------------------------------------------------------------------------------------------
 AAACAS No.=Chemical Abstract Service Number.                                                                                                           
 AAAABS=Acrylonitrile butadiene styrene resin.                                                                                                          
 AAAASA/AMSAN=Acrylonitrile styrene resin/alpha methyl styrene acrylonitrile resin.                                                                     
 AAAEPS=expandable polystyrene resin.                                                                                                                   
 AAAMABS=methyl methacrylate acrylonitrile butadiene styrene resin.                                                                                     
 AAAPET=poly(ethylene terephthalate) resin.                                                                                                             
 AAAAAN=styrene acrylonitrile resin.                                                                                                                    
 AAAMBS=methyl methacrylate butadiene styrene resin.                                                                                                    


          Table 7.--Group 1 Batch Process Vents--Monitoring, Recordkeeping, and Reporting Requirements          
----------------------------------------------------------------------------------------------------------------
                                           Parameters to be       Recordkeeping and reporting requirements for  
            Control device                    monitored                       monitored parameters              
----------------------------------------------------------------------------------------------------------------
Thermal Incinerator..................  Firebox temperature a..  1. Continuous records as specified in Sec.      
                                                                 63.1326(e)(1).b                                
                                                                2. Record and report the average firebox        
                                                                 temperature measured during the performance    
                                                                 test--NCS.c                                    
                                                                3. Record the batch cycle daily average firebox 
                                                                 temperature as specified in Sec.               
                                                                 63.1326(e)(2).                                 
                                                                4. Report all batch cycle daily average         
                                                                 temperatures that are below the minimum        
                                                                 operating temperature established in the NCS or
                                                                 operating permit and all instances when        
                                                                 monitoring data are not collected--PR.d e      

[[Page 993]]

                                                                                                                
Catalytic Incinerator................  Temperature upstream     1. Continuous records as specified in Sec.      
                                        and downstream of the    63.1326(e)(1).b                                
                                        catalyst bed.           2. Record and report the average upstream and   
                                                                 downstream temperatures and the average        
                                                                 temperature difference across the catalyst bed 
                                                                 measured during the performance test--NCS.c    
                                                                3. Record the batch cycle daily average upstream
                                                                 temperature and temperature difference across  
                                                                 catalyst bed as specified in Sec.              
                                                                 63.1326(e)(2).                                 
                                                                4. Report all batch cycle daily average upstream
                                                                 temperatures that are below the minimum        
                                                                 upstream temperature established in the NCS or 
                                                                 operating permit--PR.d e                       
                                                                5. Report all batch cycle daily average         
                                                                 temperature differences across the catalyst bed
                                                                 that are below the minimum difference          
                                                                 established in the NCS or operating permit--   
                                                                 PR.d e                                         
                                                                6. Report all instances when monitoring data are
                                                                 not collected.e                                
Boiler or Process Heater with a        Firebox temperature a..  1. Continuous records as specified in Sec.      
 design heat input capacity less than                            63.1326(e)(1).b                                
 44 megawatts and where the batch                               2. Record and report the average firebox        
 process vents or aggregate batch                                temperature measured during the performance    
 vent streams are not introduced with                            test--NCS.c                                    
 or used as the primary fuel.                                   3. Record the batch cycle daily average firebox 
                                                                 temperature as specified in Sec.               
                                                                 63.1326(e)(2).d                                
                                                                4. Report all batch cycle daily average         
                                                                 temperatures that are below the minimum        
                                                                 operating temperature established in the NCS or
                                                                 operating permit and all instances when        
                                                                 monitoring data are not collected--PR.d e      
Flare................................  Presence of a flame at   1. Hourly records of whether the monitor was    
                                        the pilot light.         continuously operating during batch emission   
                                                                 episodes, or portions thereof, selected for    
                                                                 control and whether the pilot flame was        
                                                                 continuously present during said periods.      
                                                                2. Record and report the presence of a flame at 
                                                                 the pilot light over the full period of the    
                                                                 compliance determination--NCS.c                
                                                                3. Record the times and durations of all periods
                                                                 during batch emission episodes, or portions    
                                                                 thereof, selected for control when a pilot     
                                                                 flame is absent or the monitor is not          
                                                                 operating.                                     
                                                                4. Report the times and durations of all periods
                                                                 during batch emission episodes, or portions    
                                                                 thereof, selected for control when all pilot   
                                                                 flames of a flare are absent--PR.d             
Scrubber for halogenated batch         pH of scrubber           1. Continuous records as specified in Sec.      
 process vents or aggregate batch       effluent, and.           63.1326(e)(1).b                                
 vent streams (Note: Controlled by a                            2. Record and report the average pH of the      
 combustion device other than a                                  scrubber effluent measured during the          
 flare).                                                         performance test--NCS.c                        
                                                                3. Record the batch cycle daily average pH of   
                                                                 the scrubber effluent as specified in Sec.     
                                                                 63.1326(e)(2).                                 
                                                                4. Report all batch cycle daily average pH      
                                                                 values of the scrubber effluent that are below 
                                                                 the minimum operating pH established in the NCS
                                                                 or operating permit and all instances when     
                                                                 monitoring data are not collected--PR.d e      
    Do...............................  Scrubber liquid flow     1. Continuous records as specified in Sec.      
                                        rate.                    63.1326(e)(1).b                                
                                                                2. Record and report the scrubber liquid flow   
                                                                 rate measured during the performance test--    
                                                                 NCS.c                                          
                                                                3. Record the batch cycle daily average scrubber
                                                                 liquid flow rate as specified in Sec.          
                                                                 63.1326(e)(2).                                 
                                                                4. Report all batch cycle daily average scrubber
                                                                 liquid flow rates that are below the minimum   
                                                                 flow rate established in the NCS or operating  
                                                                 permit and all instances when monitoring data  
                                                                 are not collected--PR.d e                      
Absorber f...........................  Exit temperature of the  1. Continuous records as specified in Sec.      
                                        absorbing liquid, and.   63.1326(e)(1).b                                
                                                                2. Record and report the average exit           
                                                                 temperature of the absorbing liquid measured   
                                                                 during the performance test--NCS.c             
                                                                3. Record the batch cycle daily average exit    
                                                                 temperature of the absorbing liquid as         
                                                                 specified in Sec.  63.1326(e)(2) for each batch
                                                                 cycle.                                         
                                                                4. Report all the batch cycle daily average exit
                                                                 temperatures of the absorbing liquid that are  
                                                                 below the minimum operating temperature        
                                                                 established in the NCS or operating permit and 
                                                                 all instances when monitoring data are not     
                                                                 collected--PR.d e                              
    Do...............................  Exit specific gravity    1. Continuous records as specified in Sec.      
                                        for the absorbing        63.1326(e)(1).b                                
                                        liquid.                 2. Record and report the average exit specific  
                                                                 gravity measured during the performance test-- 
                                                                 NCS.c                                          
                                                                3. Record the batch cycle daily average exit    
                                                                 specific gravity as specified in Sec.          
                                                                 63.1326(e)(2).                                 
                                                                4. Report all batch cycle daily average exit    
                                                                 specific gravity values that are below the     
                                                                 minimum operating temperature established in   
                                                                 the NCS or operating permit and all instances  
                                                                 when monitoring data are not collected--PR.d e 

[[Page 994]]

                                                                                                                
Condenser f..........................  Exit (product side)      1. Continuous records as specified in Sec.      
                                        temperature.             63.1326(e)(1).b                                
                                                                2. Record and report the average exit           
                                                                 temperature measured during the performance    
                                                                 test--NCS.c                                    
                                                                3. Record the batch cycle daily average exit    
                                                                 temperature as specified in Sec.               
                                                                 63.1326(e)(2).                                 
                                                                4. Report all batch cycle daily average exit    
                                                                 temperatures that are above the maximum        
                                                                 operating temperature established in the NCS or
                                                                 operating permit and all instances when        
                                                                 monitoring data are not collected--PR.d e      
Carbon Adsorber f....................  Total regeneration       1. Record the total regeneration stream mass    
                                        stream mass flow         flow for each carbon bed regeneration cycle.   
                                        during carbon bed       2. Record and report the total regeneration     
                                        regeneration cycle(s),   stream mass flow during each carbon bed        
                                        and.                     regeneration cycle measured during the         
                                                                 performance test--NCS.c                        
                                                                3. Report all carbon bed regeneration cycles    
                                                                 when the total regeneration stream mass flow is
                                                                 above the maximum mass flow rate established in
                                                                 the NCS or operating permit--PR.d e            
    Do...............................  Temperature of the       1. Record the temperature of the carbon bed     
                                        carbon bed after         after each regeneration and within 15 minutes  
                                        regeneration and         of completing any cooling cycle(s).            
                                        within 15 minutes of    2. Record and report the temperature of the     
                                        completing any cooling   carbon bed after each regeneration and within  
                                        cycle(s).                15 minutes of completing any cooling cycles(s) 
                                                                 measured during the performance test--NCS.c    
                                                                3. Report all carbon bed regeneration cycles    
                                                                 when the temperature of the carbon bed after   
                                                                 regeneration, or within 15 minutes of          
                                                                 completing any cooling cycle(s), is above the  
                                                                 maximum temperature established in the NCS or  
                                                                 operating permit--PR.d e                       
All Control Devices..................  Presence of flow         1. Hourly records of whether the flow indicator 
                                        diverted to the          was operating during batch emission episodes,  
                                        atmosphere from the      or portions thereof, selected for control and  
                                        control device or.       whether flow was detected at any time during   
                                                                 said periods as specified in Sec.              
                                                                 63.1326(e)(3).                                 
                                                                2. Record and report the times and durations of 
                                                                 all periods during batch emission episodes, or 
                                                                 portions thereof, selected for control when    
                                                                 emissions are diverted through a bypass line or
                                                                 the flow indicator is not operating--PR.d      
    Do...............................  Monthly inspections of   1. Records that monthly inspections were        
                                        sealed valves.           performed as specified in Sec.                 
                                                                 63.1326(e)(4)(i).                              
                                                                2. Record and report all monthly inspections    
                                                                 that show the valves are not closed or the seal
                                                                 has been changed--PR.d                         
Absorber, Condenser, and Carbon        Concentration level or   1. Continuous records as specified in Sec.      
 Adsorber (as an alternative to the     reading indicated by     63.1326(e)(1).b                                
 requirements previously presented in   an organic monitoring   2. Record and report the average concentration  
 this table).                           device at the outlet     level or reading measured during the           
                                        of the control device.   performance test--NCS.c                        
                                                                3. Record the batch cycle daily average         
                                                                 concentration level or reading as specified in 
                                                                 Sec.  63.1326(e)(2).                           
                                                                4. Report all batch cycle daily average         
                                                                 concentration levels or readings that are above
                                                                 the maximum concentration or reading           
                                                                 established in the NCS or operating permit and 
                                                                 all instances when monitoring data are not     
                                                                 collected--PR.d e                              
----------------------------------------------------------------------------------------------------------------
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 records'' is defined in Sec.  63.111.                                                            
c NCS = Notification of Compliance Status described in Sec.  63.1335(e)(5).                                     
d PR = Periodic Reports described in Sec.  63.1335(e)(6).                                                       
e The periodic reports shall include the duration of periods when monitoring data are not collected as specified
  in Sec.  63.1335(e)(6)(iii)(C).                                                                               
f Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of    
  this table.                                                                                                   


 Table 8.--Operating Parameters for Which Levels Are Required to Be Established for Continuous and Batch Process
                                     Vents and Aggregate Batch Vent Streams                                     
----------------------------------------------------------------------------------------------------------------
                                                                                      Established operating     
                 Device                         Parameters to be monitored                 parameter(s)         
----------------------------------------------------------------------------------------------------------------
Thermal incinerator.....................  Firebox temperature..................  Minimum temperature.           
Catalytic incinerator...................  Temperature upstream and downstream    Minimum upstream temperature;  
                                           of the catalyst bed.                   and minimum temperature       
                                                                                  difference across the catalyst
                                                                                  bed.                          
Boiler or process heater................  Firebox temperature..................  Minimum temperature.           
Scrubber for halogenated vents..........  pH of scrubber effluent; and scrubber  Minimum pH; and minimum flow   
                                           liquid flow rate.                      rate.                         
Absorber................................  Exit temperature of the absorbing      Minimum temperature; and       
                                           liquid; and exit specific gravity of   minimum specific gravity.     
                                           the absorbing liquid.                                                

[[Page 995]]

                                                                                                                
Condenser...............................  Exit temperature.....................  Maximum temperature.           
Carbon absorber.........................  Total regeneration stream mass flow    Maximum mass flow; and maximum 
                                           during carbon bed regeneration         temperature.                  
                                           cycle; and temperature of the carbon                                 
                                           bed after regeneration (and within                                   
                                           15 minutes of completing any cooling                                 
                                           cycle(s)).                                                           
Other devices (or as an alternate to the  HAP concentration level or reading at  Maximum HAP concentration or   
 requirements previously presented in      outlet of device.                      reading.                      
 this table)a.                                                                                                  
----------------------------------------------------------------------------------------------------------------
a Concentration is measured instead of an operating parameter.                                                  

                   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 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

[[Page 996]]

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 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

[[Page 997]]

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 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,


[[Page 998]]

[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 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:


[[Page 999]]

[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 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:

[[Page 1000]]

[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.
[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).

[[Page 1001]]

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.
    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

[[Page 1002]]

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.
    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

[[Page 1003]]

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 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

[[Page 1004]]

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 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

[[Page 1005]]

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 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.

[[Page 1006]]

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 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.


[[Page 1007]]


    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;
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

[[Page 1008]]

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.

    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.


[[Page 1009]]


    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:
[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 1010]]


    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 may 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 1011]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.060



[[Page 1012]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.061



[[Page 1013]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.062



[[Page 1014]]

 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 1015]]

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 1016]]

Batteries; Proposed Rule and Notice of Public Hearing. Washington, DC 
Federal Register. Vol. 52, No. 78 (13586). April 23, 1987.

[[Page 1017]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.063



[[Page 1018]]

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 benchtop bioreactor is 
operated under conditions nearly 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 benchtop bioreactor. 
Biomass shall be removed from the target full-scale activated sludge 
unit and held for no more than 4 hours prior to use in the benchtop 
bioreactor. If antifoaming agents are used in the full-scale system, 
they shall also be used in the benchtop bioreactor. The feed flowing 
into and the effluent exiting the benchtop bioreactor 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 benchtop bioreactor are left to the discretion of the 
source, except where validated methods are available.

                              2. Apparatus

    Figure 1 illustrates a typical laboratory apparatus used to measure 
biodegradation rates. While the following description refers to Figure 
1, the EPA recognizes that alternative reactor configurations, such as 
alternative reactor shapes and locations of probes and the feed inlet, 
will also meet the intent of this method. Ensure that the benchtop 
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  Benchtop Bioreactor. The biological reaction is conducted in 
a biological oxidation reactor of at least 6 liters capacity. The 
benchtop bioreactor is sealed and equipped with internal probes for 
controlling and monitoring dissolved oxygen and internal temperature. 
The top of the reactor is equipped for aerators, gas flow ports, and 
instrumentation (while ensuring that no leaks to the atmosphere exist 
around the fittings).

[[Page 1019]]

[GRAPHIC] [TIFF OMITTED] TR17JA97.019



[[Page 1020]]

    2.1.2  Aeration gas. Aeration gas is added to the benchtop 
bioreactor through three diffusers, which are glass tubes 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 (e.g., Diaphragm Type, 15 SCFH capacity) 
to blow the aeration gas into the reactor diffusers. Measure the 
aeration gas flow rate with a rotameter (e.g., 0-15 SCFH recommended). 
The aeration gas will rise through the benchtop bioreactor, 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 benchtop bioreactor 
through a water-cooled (e.g., Allihn-type) vertical condenser. Install 
the condenser through a gas-tight fitting in the benchtop bioreactor 
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 benchtop bioreactor. 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 benchtop 
bioreactor in a collapsible low-density polyethylene container or 
collapsible liner in a container (e.g., 20 L) equipped with a spigot cap 
(collapsible containers or liners 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 
equalization tank, 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 
benchtop bioreactor through a fitting on the top flange. Determine the 
rate of feed addition to provide a retention time in the benchtop 
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 benchtop bioreactor 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 separate closed clarifier 
that allows separation of biomass and effluent (e.g., 2-liter pear-
shaped glass separatory funnel, modified by removing the stopcock and 
adding a 25-mm OD glass tube at the bottom). Benchtop bioreactor 
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. 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 benchtop bioreactor. An additional port is provided near the 
bottom of the benchtop bioreactor for sampling the reactor contents. The 
mixed liquor from the benchtop bioreactor 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.
    2.1.5  Temperature Control Apparatus. Capable of maintaining the 
system at a temperature equal to the temperature of the full-scale 
system. The average temperature should be maintained within 
2  deg.C of the set point.
    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 or better.
    2.1.5.2  Benchtop Bioreactor 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. Target 
full-scale activated sludge systems with dissolved oxygen concentration 
below 2 mg/L are required to maintain the dissolved oxygen concentration 
in the benchtop bioreactor within 0.5 mg/L of the target dissolved 
oxygen level. Target full-scale activated sludge systems with dissolved 
oxygen concentration above 2 mg/L are required to maintain the dissolved 
oxygen concentration in the benchtop bioreactor within 1.5 mg/L of the 
target dissolved oxygen concentration; however, for target full-scale 
activated sludge systems with dissolved oxygen concentrations above 2 
mg/L, the dissolved oxygen concentration in the benchtop bioreactor may 
not drop below 1.5 mg/L. If the benchtop bioreactor is outside the 
control range, the

[[Page 1021]]

dissolved oxygen is noted and the reactor operation is adjusted.
    2.1.6.1  Dissolved Oxygen Monitor. Dissolved oxygen is monitored 
with a polarographic probe (gas permeable membrane) connected to a 
dissolved oxygen meter (e.g., 0 to 15 mg/L, 0 to 50  deg.C).
    2.1.6.2  Benchtop bioreactor Pressure Monitor. The benchtop 
bioreactor 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 or better. 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 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. Note: 
Mention of trade names or products does not constitute endorsement by 
the U.S. Environmental Protection Agency.
    2.2  Analysis. If the identity of the compounds of interest in the 
wastewater is not known, 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 and/or use one or more analytical techniques capable 
of measuring each 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 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, the operation of the Method 304 unit may 
be altered to attempt to increase the effluent concentration above the 
limit of quantitation. Modifications to the method shall be approved 
prior to the test. The request should be addressed to Method 304 
contact, Emissions Measurement Center, Mail Drop 19, U.S. Environmental 
Protection Agency, Research Triangle Park, NC 27711.
    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.

                               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 determination 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 (e.g., 
biomass 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 no more than 4 hours of collection. 
Maintain the biomass concentration in the benchtop bioreactor 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 and could realistically pose a hazard, 
closely monitor headspace concentration of these gases to ensure 
laboratory safety. Placement of the benchtop bioreactor system inside a 
laboratory hood is recommended regardless of byproducts produced.
    4.1  Benchtop Bioreactor Operation. Charge the mixed liquor to the 
benchtop bioreactor, minimizing headspace over the liquid surface to 
minimize entrainment of mixed liquor in

[[Page 1022]]

the circulating gas. Fasten the benchtop bioreactor headplate to the 
reactor over the liquid surface. Maintain the temperature of the 
contents of the benchtop bioreactor system at the temperature of the 
target full-scale system, +2  deg.C, throughout the testing period. 
Monitor and record the temperature of the benchtop bioreactor contents 
at least 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 benchtop bioreactor 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 shall be pumped to the 
benchtop bioreactor at the required flow rate to achieve the calculated 
hydraulic residence time of wastewater in the aeration tank.
[GRAPHIC] [TIFF OMITTED] TR17JA97.020

Where:
Qtest=wastewater flow rate (L/min)
Qffs=average flow rate of full-scale process (L/min)
Vfs=volume of full-scale aeration tank (L)

    The target flow rate in the test apparatus is the same as the flow 
rate in the target full-scale process multiplied by the ratio of 
benchtop bioreactor volume (e.g., 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 benchtop bioreactor 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  Benchtop Bioreactor Operation and Maintenance. Temperature, 
dissolved oxygen concentration, exit vent flow rate, benchtop bioreactor 
effluent flow rate, and air circulation rate shall be measured and 
recorded three times throughout each day of benchtop bioreactor 
operation. If other parameters (such as pH) are measured and maintained 
in the target full-scale unit, these parameters, where appropriate, 
shall be monitored and maintained to target full-scale specifications in 
the benchtop bioreactor. At the beginning of each sampling period 
(section 4.2), sample the benchtop bioreactor 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 
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 benchtop bioreactor, 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 benchtop 
bioreactor to increase the suspended solids concentration to the desired 
level. Pump this mixed liquor to the benchtop bioreactor 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 or check the flow measuring device and measure flow rate 
again until target flow rate is achieved.
    4.2  Test Sampling. At least 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 benchtop bioreactor 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 the amount removed (i.e., effluent 
concentration--wastewater feed concentration). The RSD values shall be < 
15 percent. If an RSD value

[[Page 1023]]

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 benchtop 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 benchtop bioreactor by changing 
the 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, slow or 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 benchtop 
bioreactor. The required volume of mixed liquor to remove is determined 
as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.021

Where:
Vw is the wasted volume (Liters),
Vr is the volume of the benchtop bioreactor (Liters),
Sm is the measured solids (g/L), and
Ss is the specified solids (g/L).

    Remove the mixed liquor from the benchtop bioreactor 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 benchtop 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 benchtop bioreactor. Determine the amount of sludge added by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.022

Where:
Vw is the volume of sludge to add (Liters),
Vr is the volume of the benchtop bioreactor (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 benchtop bioreactor (hours)
V=Volume of the benchtop bioreactor (L)
Q=Flow rate of wastewater into the benchtop bioreactor, average (L/hour)

    6.2  Residence Time. The hydraulic residence time of the benchtop 
bioreactor is equal to the ratio of the volume of the benchtop  
bioreactor  (L)  to  the  flow  rate (L/h)
[GRAPHIC] [TIFF OMITTED] TR17JA97.023

    6.3  Rate of Biodegradation. Calculate the rate of biodegradation 
for each component with the following equation:

[[Page 1024]]

[GRAPHIC] [TIFF OMITTED] TR17JA97.024


    6.4  First-Order Biorate Constant. Calculate the first-order biorate 
constant (K1) for each component with the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.025

    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] TR17JA97.026

    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.

                             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 benchtop bioreactor is 
operated under conditions nearly identical to the target full-scale 
activated sludge process, except that air emissions are not a factor. 
The benchtop bioreactor temperature, dissolved oxygen concentration, 
average residence time in the reactor, waste composition, biomass 
concentration, and biomass composition of the target full-scale process 
are the parameters which are duplicated in the laboratory system. 
Biomass shall be removed from the target full-scale activated sludge 
unit and held for no more than 4 hours prior to use in the benchtop 
bioreactor. If antifoaming agents are used in the full-scale system, 
they shall also be used in the benchtop bioreactor. The feed flowing 
into and the effluent exiting the benchtop bioreactor are analyzed to 
determine the biodegradation rates of the target compounds. The choice 
of analytical methodology for measuring the compounds of interest at the

[[Page 1025]]

inlet and outlet to the benchtop bioreactor are left to the discretion 
of the source, except where validated methods are available.

                              2. Apparatus

    Figure 1 illustrates a typical laboratory apparatus used to measure 
biodegradation rates. While the following description refers to Figure 
1, the EPA recognizes that alternative reactor configurations, such as 
alternative reactor shapes and locations of probes and the feed inlet, 
will also meet the intent of this method. Ensure that the benchtop 
bioreactor system is self-contained and isolated from the atmosphere by 
leak-checking fittings, tubing, etc.

[[Page 1026]]

[GRAPHIC] [TIFF OMITTED] TR17JA97.062



[[Page 1027]]

    2.1  Laboratory apparatus.
    2.1.1  Benchtop Bioreactor. The biological reaction is conducted in 
a biological oxidation reactor of at least 6-liters capacity. The 
benchtop bioreactor is sealed and equipped with internal probes for 
controlling and monitoring dissolved oxygen and internal temperature. 
The top of the benchtop bioreactor is equipped 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 benchtop 
bioreactor through three diffusers, which are glass tubes 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 (e.g., Diaphragm Type, 15 SCFH capacity) 
to blow the aeration gas into the benchtop bioreactor diffusers. Measure 
the aeration gas flow rate with a rotameter (e.g., 0-15 SCFH 
recommended). The aeration gas will rise through the benchtop 
bioreactor, 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 benchtop bioreactor through a water-cooled (e.g., Allihn-type) 
vertical condenser. Install the condenser through a gas-tight fitting in 
the benchtop bioreactor 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 benchtop bioreactor.
    2.1.3  Wastewater Feed. Supply the wastewater feed to the benchtop 
bioreactor in a collapsible low-density polyethylene container or 
collapsible liner in a container (e.g., 20 L) equipped with a spigot cap 
(collapsible containers or liners 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 
equalization tank, 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 
benchtop bioreactor through a fitting on the top flange. Determine the 
rate of feed addition to provide a retention time in the benchtop 
bioreactor that is numerically equivalent to the retention time in the 
target full-scale system. The wastewater shall be fed at a rate 
sufficient to achieve 90 to 100 percent of the target full-scale system 
residence time.
    2.1.3.3  Treated wastewater feed. The benchtop bioreactor 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 separate closed clarifier 
that allows separation of biomass and effluent (e.g., 2-liter pear-
shaped glass separatory funnel, modified by removing the stopcock and 
adding a 25-mm OD glass tube at the bottom). Benchtop bioreactor 
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. 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 benchtop bioreactor. An additional port is provided near the 
bottom of the benchtop bioreactor for sampling the reactor contents. The 
mixed liquor from the benchtop bioreactor 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.
    2.1.5  Temperature Control Apparatus. Capable of maintaining the 
system at a temperature equal to the temperature of the full-scale 
system. The average temperature should be maintained within 
2 deg.C of the set point.
    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 or better.
    2.1.5.2  Benchtop Bioreactor 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. Target 
full-

[[Page 1028]]

scale activated sludge systems with dissolved oxygen concentration below 
2 mg/L are required to maintain the dissolved oxygen concentration in 
the benchtop bioreactor within 0.5 mg/L of the target dissolved oxygen 
level. Target full-scale activated sludge systems with dissolved oxygen 
concentration above 2 mg/L are required to maintain the dissolved oxygen 
concentration in the benchtop bioreactor within 1.5 mg/L of the target 
dissolved oxygen concentration; however, for target full-scale activated 
sludge systems with dissolved oxygen concentrations above 2 mg/L, the 
dissolved oxygen concentration in the benchtop bioreactor may not drop 
below 1.5 mg/L. If the benchtop bioreactor is outside the control range, 
the dissolved oxygen is noted and the reactor operation is adjusted.
    2.1.6.1  Dissolved Oxygen Monitor. Dissolved oxygen is monitored 
with a polarographic probe (gas permeable membrane) connected to a 
dissolved oxygen meter (e.g., 0 to 15 mg/L, 0 to 50 deg.C).
    2.1.6.2  Benchtop Bioreactor Pressure Monitor. The benchtop 
bioreactor 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 or better. 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 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. Note: 
Mention of trade names or products does not constitute endorsement by 
the U.S. Environmental Protection Agency.
    2.2  Analysis. If the identity of the compounds of interest in the 
wastewater is not known, 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 and/or use one or more analytical technique capable 
of measuring each of those compounds (more than one analytical technique 
may be required, depending on the characteristics of the wastewater). 
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 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, the operation of the Method 304 unit may 
be altered to attempt to increase the effluent concentration above the 
limit of quantitation. Modifications to the method shall be approved 
prior to the test. The request should be addressed to Method 304 
contact, Emissions Measurement Center, Mail Drop 19, U.S. Environmental 
Protection Agency, Research Triangle Park, NC 27711.
    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.

                               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 determination 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 (e.g., 
biomass 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 no more than 4 hours of

[[Page 1029]]

collection. Maintain the biomass concentration in the benchtop 
bioreactor at the level of the target 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 and could realistically pose a hazard, closely monitor 
headspace concentration of these gases to ensure laboratory safety. 
Placement of the benchtop bioreactor system inside a laboratory hood is 
recommended regardless of byproducts produced.

    4.1 Benchtop Bioreactor Operation. Charge the mixed liquor to the 
benchtop bioreactor, minimizing headspace over the liquid surface to 
minimize entrainment of mixed liquor in the circulating gas. Fasten the 
benchtop bioreactor headplate to the reactor over the liquid surface. 
Maintain the temperature of the contents of the benchtop bioreactor 
system at the temperature of the target full-scale system, +2  deg.C, 
throughout the testing period. Monitor and record the temperature of the 
reactor contents at least 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 benchtop bioreactor 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 shall be pumped to the 
benchtop bioreactor at the required flow rate to achieve the calculated 
hydraulic residence time of wastewater in the aeration tank.
[GRAPHIC] [TIFF OMITTED] TR17JA97.027

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 target flow rate in the test apparatus is the same as the flow rate 
in the target full-scale process multiplied by the ratio of benchtop 
bioreactor volume (e.g., 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 target 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 benchtop bioreactor 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 Benchtop 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 target full-scale unit, these parameters shall, where appropriate, 
be monitored and maintained to full-scale specifications in the benchtop 
bioreactor. At the beginning of each sampling period (section 4.2), 
sample the benchtop bioreactor 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 gravimetrically by 
the Gooch crucible/glass fiber filter method for total suspended solids, 
in accordance with Standard Methods3 or equivalent. When 
necessary, sludge shall be wasted from the lower side port of the 
benchtop bioreactor, and the volume that is wasted shall be replaced 
with an equal volume of the benchtop bioreactor effluent. Add thickened 
activated sludge mixed liquor as necessary to the benchtop bioreactor to 
increase the suspended solids concentration to the desired level. Pump 
this mixed liquor to the benchtop bioreactor 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

[[Page 1030]]

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 or check the flow measuring device and measure flow rate 
again until target flow rate is achieved.
    4.2 Test Sampling. At least 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 benchtop bioreactor 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 RSD of the 
amount removed (i.e., effluent concentration--wastewater feed 
concentration). The 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 benchtop 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 benchtop bioreactor by changing 
the 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, slow or 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 benchtop 
bioreactor. The required volume of mixed liquor to remove is determined 
as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.028

Where:
Vw is the wasted volume (Liters),
Vr is the volume of the benchtop bioreactor (Liters),
Sm is the measured solids (g/L), and
Ss is the specified solids (g/L).

    Remove the mixed liquor from the benchtop bioreactor 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 benchtop 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 benchtop bioreactor. Determine the amount of sludge added by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.029

Where:
Vw is the volume of sludge to add (Liters),
Vr is the volume of the benchtop bioreactor (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

[[Page 1031]]

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 benchtop bioreactor (hours)
V=Volume of the benchtop bioreactor (L)
Q=Flow rate of wastewater into the benchtop bioreactor, average (L/hour)
    6.2  Residence Time. The hydraulic residence time of the benchtop 
bioreactor is equal to the ratio of the volume of the benchtop 
bioreactor (L) to the flow rate (L/h)
[GRAPHIC] [TIFF OMITTED] TR17JA97.030

    6.3  Rate of Biodegradation. Calculate the rate of biodegradation 
for each component with the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.031

    6.4  First-Order Biorate Constant. Calculate the first-order biorate 
constant (K1) for each component with the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.032

    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] TR17JA97.033

    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.

                             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. Water\7\, 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. Chemdat\7\, 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

[[Page 1032]]

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 1033]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.066



[[Page 1034]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.067



[[Page 1035]]

    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 1036]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.068



[[Page 1037]]

    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 1038]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.069



[[Page 1039]]

    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 1040]]

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 1041]]

[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 1042]]

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 1043]]

                              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 1044]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.070



[[Page 1045]]

    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 1046]]

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 1047]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.071



[[Page 1048]]

    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 1049]]

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 1050]]

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 1051]]

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 1052]]

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 1053]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.072



[[Page 1054]]

    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 1055]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.073



[[Page 1056]]

    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 1057]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.074



[[Page 1058]]

    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 1059]]

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 1060]]

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 1061]]


    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)________________________


[[Page 1062]]

________________________________________________________________________
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) 
____________

------------------------------------------------------------------------
                                          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 310A--Determination of Residual Hexane Through Gas Chromatography

                       1.0  Scope and Application

    1.1  This method is used to analyze any crumb rubber or water 
samples for residual hexane content.
    1.2  The sample is heated in a sealed bottle with an internal 
standard and the vapor is analyzed by gas chromatography.

[[Page 1063]]

                         2.0  Summary of Method

    2.1  This method, utilizing a capillary column gas chromatograph 
with a flame ionization detector, determines the concentration of 
residual hexane in rubber crumb samples.

                            3.0  Definitions

    3.1  The definitions are included in the text as needed.

                           4.0  Interferences

    4.1  There are no known interferences.

                               5.0  Safety

    5.1  It is the responsibility of the user of this procedure to 
establish safety and health practices applicable to their specific 
operation.

                       6.0  Equipment and Supplies

    6.1  Gas Chromatograph with a flame ionization detector and data 
handling station equipped with a capillary column 30 meters long.
    6.2  Chromatograph conditions for Sigma 1:
    6.2.1  Helium pressure: 50# inlet A, 14# aux
    6.2.2  Carrier flow: 25 cc/min
    6.2.3  Range switch: 100x
    6.2.4  DB: 1 capillary column
    6.3  Chromatograph conditions for Hewlett-Packard GC:
    6.3.1  Initial temperature: 40  deg.C
    6.3.2  Initial time: 8 min
    6.3.3  Rate: 0
    6.3.4  Range: 2
    6.3.5  DB: 1705 capillary column
    6.4  Septum bottles and stoppers
    6.5  Gas Syringe--0.5 cc

                       7.0  Reagents and Standards

    7.1  Chloroform, 99.9+%, A.S.C. HPLC grade

            8.0  Sample Collection, Preservation, and Storage

    8.1  A representative sample should be caught in a clean 8 oz. 
container with a secure lid.
    8.2  The container should be labeled with sample identification, 
date and time.

                          9.0  Quality Control

    9.1  The instrument is calibrated by injecting calibration solution 
(Section 10.2 of this method) five times.
    9.2  The retention time for components of interest and relative 
response of monomer to the internal standard is determined.
    9.3  Recovery efficiency must be determined once for each sample 
type and whenever modifications are made to the method.
    9.3.1  Determine the percent hexane in three separate dried rubber 
crumb samples.
    9.3.2  Weigh a portion of each crumb sample into separate sample 
bottles and add a known amount of hexane (10 microliters) by microliter 
syringe and 20 microliters of internal standard. Analyze each by the 
described procedure and calculate the percent recovery of the known 
added hexane.
    9.3.3  Repeat the previous step using twice the hexane level (20 
microliters), analyze and calculate the percent recovery of the known 
added hexane.
    9.3.4  Set up two additional sets of samples using 10 microliters 
and 20 microliters of hexane as before, but add an amount of water equal 
to the dry crumb used. Analyze and calculate percent recovery to show 
the effect of free water on the results obtained.
    9.3.5  A value of R between 0.70 and 1.30 is acceptable.
    9.3.6  R shall be used to correct all reported results for each 
compound by dividing the measured results of each compound by the R for 
that compound for the same sample type.

                10.0  Calibration and Instrument Settings

    10.1  Calibrate the chromatograph using a standard made by injecting 
10 l of fresh hexane and 20 l of chloroform into a 
sealed septum bottle. This standard will be 0.6 wt.% total hexane based 
on 1 gram of dry rubber.
    10.2  Analyze the hexane used and calculate the percentage of each 
hexane isomer (2-methylpentane, 3-methylpentane, n-hexane, and 
methylcyclo-pentane). Enter these percentages into the method 
calibration table.
    10.3  Heat the standard bottle for 30 minutes in a 105  deg.C oven.
    10.4  Inject about 0.25 cc of vapor into the gas chromatograph and 
after the analysis is finished, calibrate according to the procedures 
described by the instrument manufacturer.

                             11.0  Procedure

    11.1  Using a cold mill set at a wide roller gap (125-150 mm), mill 
about 250 grams of crumb two times to homogenize the sample.
    11.2  Weigh about 2 grams of wet crumb into a septum bottle and cap 
with a septum ring. Add 20 l of chloroform with a syringe and 
place in a 105  deg.C oven for 45 minutes.
    11.3  Run the moisture content on a separate portion of the sample 
and calculate the grams of dry rubber put into the septum bottle.
    11.4  Set up the data station on the required method and enter the 
dry rubber weight in the sample weight field.
    11.5  Inject a 0.25 cc vapor sample into the chromatograph and push 
the start button.
    11.6  At the end of the analysis, the data station will print a 
report listing the concentration of each identified component.

[[Page 1064]]

    11.7  To analyze water samples, pipet 5 ml of sample into the septum 
bottle, cap and add 20 l of chloroform. Place in a 105  deg.C 
oven for 30 minutes.
    11.8  Enter 5 grams into the sample weight field.
    11.9  Inject a 0.25 cc vapor sample into the chromatograph and push 
the start button.
    11.10  At the end of the analysis, the data station will print a 
report listing the concentration of each identified component.

                   12.0  Data Analysis and Calculation

    12.1  For samples that are prepared as in section 11 of this method, 
ppm n-hexane is read directly from the computer.
    12.2  The formulas for calculation of the results are as follows:

    ppmhexane=(Ahexane x Rhexane)/
(Ais x Ris)

    Where:
    Ahexane=area of hexane
    Rhexane=response of hexane
    Ais=area of the internal standard
    Ris=response of the internal standard
    % hexane in crumb=(ppmhexane/sample amount)100

    12.3  Correct the results by the value of R (as determined in 
sections 9.3.4, 9.3.5, and 9.3.6 of this method).

                        13.0  Method Performance

    13.1  The test has a standard deviation of 0.14 wt% at 0.66 wt% 
hexane. Spike recovery of 12 samples at two levels of hexane averaged 
102.3%. Note: Recovery must be determined for each type of sample. The 
values given here are meant to be examples of method performance.

                       14.0  Pollution Prevention

    14.1  Waste generation should be minimized where possible. Sample 
size should be an amount necessary to adequately run the analysis.

                         15.0  Waste Management

    15.1  All waste shall be handled in accordance with federal and 
state environmental regulations.

                    16.0  References and Publications

    16.1  DSM Copolymer Test Method T-3380.

Method 310B--Determination of Residual Hexane Through Gas Chromatography

                       1.0  Scope and Application

----------------------------------------------------------------------------------------------------------------
                                                                                       Method sensitivity (5.5g 
                 Analyte                       CAS No.               Matrix                  sample size)       
----------------------------------------------------------------------------------------------------------------
Hexane...................................        110-54-3  Rubber crumb.............  .01 wt%.                  
Ethylidene norbornene (ENB)..............      16219-75-3  Rubber crumb.............  .001 wt%.                 
----------------------------------------------------------------------------------------------------------------

    1.1  Data Quality Objectives:
    In the production of ethylene-propylene terpolymer crumb rubber, the 
polymer is recovered from solution by flashing off the solvent with 
steam and hot water. The resulting water-crumb slurry is then pumped to 
the finishing units. Certain amounts of solvent (hexane being the most 
commonly used solvent) and diene monomer remain in the crumb. The 
analyst uses the following procedure to determine those amounts.

                         2.0  Summary of Method

    2.1  The crumb rubber sample is dissolved in toluene to which 
heptane has been added as an internal standard. Acetone is then added to 
this solution to precipitate the crumb, and the supernatant is analyzed 
for hexane and diene by a gas chromatograph equipped with a flame 
ionization detector (FID).

                            3.0  Definitions

    3.1  Included in text as needed.

                           4.0  Interferences

    4.1  None known.
    4.2  Benzene, introduced as a contaminant in the toluene solvent, 
elutes between methyl cyclopentane and cyclohexane. However, the benzene 
peak is completely resolved.
    4.3  2,2-dimethyl pentane, a minor component of the hexane used in 
our process, elutes just prior to methyl cyclopentane. It is included as 
``hexane'' in the analysis whether it is integrated separately or 
included in the methyl cyclopentane peak.

                               5.0  Safety

    5.1  This procedure does not purport to address all of the safety 
concerns associated with its use. It is the responsibility of the user 
of this procedure to establish appropriate safety and health practices 
and determine the applicability of regulatory limitations prior to use.
    5.2  Chemicals used in this analysis are flammable and hazardous 
(see specific toxicity information below). Avoid contact with sources of 
ignition during sample prep. All handling should be done beneath a hood. 
Playtex or nitrile gloves recommended.
    5.3  Hexane is toxic by ingestion and inhalation. Vapor inhalation 
causes irritation of nasal and respiratory passages, headache,

[[Page 1065]]

dizziness, nausea, central nervous system depression. Chronic 
overexposure can cause severe nerve damage. May cause irritation on 
contact with skin or eyes. May cause damage to kidneys.
    5.3  ENB may be harmful by inhalation, ingestion, or skin 
absorption. Vapor or mist is irritating to the eyes, mucous membranes, 
and upper respiratory tract. Causes skin irritation.
    5.4  Toluene is harmful or fatal if swallowed. Vapor harmful if 
inhaled. Symptoms: headache, dizziness, hallucinations, distorted 
perceptions, changes in motor activity, nausea, diarrhea, respiratory 
irritation, central nervous system depression, unconsciousness, liver, 
kidney and lung damage. Contact can cause severe eye irritation. May 
cause skin irritation. Causes irritation of eyes, nose, and throat.
    5.5  Acetone, at high concentrations or prolonged overexposure, may 
cause headache, dizziness, irritation of eyes and respiratory tract, 
loss of strength, and narcosis. Eye contact causes severe irritation; 
skin contact may cause mild irritation. Concentrations of 20,000 ppm are 
immediately dangerous to life and health.
    5.6  Heptane is harmful if inhaled or swallowed. May be harmful if 
absorbed through the skin. Vapor or mist is irritating to the eyes, 
mucous membranes, and upper respiratory tract. Prolonged or repeated 
exposure to skin causes defatting and dermatitis.
    5.7  The steam oven used to dry the polymer in this procedure is set 
at 110 deg. C. Wear leather gloves when removing bottles from the oven.

                       6.0  Equipment and Supplies

    6.1  4000-ml volumetric flask
    6.2  100-ml volumetric pipette
    6.3  1000-ml volumetric flask
    6.4  8-oz. French Square sample bottles with plastic-lined caps
    6.5  Top-loading balance
    6.6  Laboratory shaker
    6.7  Laboratory oven set at 110 deg. C (steam oven)
    6.8  Gas chromatograph, Hewlett-Packard 5890A, or equivalent, 
interfaced with HP 7673A (or equivalent) autosampler (equipped with 
nanoliter adapter and robotic arm), and HP 3396 series II or 3392A (or 
equivalent) integrator/controller.
    6.9  GC column, capillary type, 50m  x  0.53mm, methyl silicone, 5 
micron film thickness, Quadrex, or equivalent.
    6.10  Computerized data acquisition system, such as CIS/CALS
    6.11  Crimp-top sample vials and HP p/n 5181-1211 crimp caps.
    6.12  Glass syringes, 5-ml, with ``Luer-lock'' fitting
    6.13  Filters, PTFE, .45m pore size, Gelman Acrodisc or 
equivalent, to fit on Luer-lock syringes (in 6.12, above).

                       7.0  Reagents and Standards

    7.1  Reagent toluene, EM Science Omnisolv
    Purity Check: Prior to using any bottle of reagent toluene, analyze 
it according to section 11.2 of this method. Use the bottle only if 
hexane, heptane, and ENB peak areas are less than 15 each (note that an 
area of 15 is equivalent to less than 0.01 wt% in a 10g sample).
    7.2  Reagent acetone, EM Science Omnisolv HR-GC
    Purity Check: Prior to using any bottle of reagent acetone, analyze 
it according to section 11.2 of this method. Use the bottle only if 
hexane, heptane, and ENB peak areas are less than 15 each.
    7.3  Reagent heptane, Aldrich Chemical Gold Label, Cat #15,487-3
    Purity Check: Prior to using any bottle of reagent heptane, analyze 
it according to section 11.2 of this method. Use the bottle only if 
hexane and ENB peak areas are less than 5 each.
    7.4  Internal standard solution--used as a concentrate for 
preparation of the more dilute Polymer Dissolving Solution. It contains 
12.00g heptane/100ml of solution which is 120.0g per liter.
    Preparation of internal standard solution (polymer dissolving stock 
solution):

------------------------------------------------------------------------
                 Action                               Notes             
------------------------------------------------------------------------
7.4.1  Tare a clean, dry 1-liter         If the 1-liter volumetric flask
 volumetric flask on the balance.         is too tall to fit in the     
 Record the weight to three places.       balance case, you can shield  
                                          the flask from drafts by      
                                          inverting a paint bucket with 
                                          a hole cut in the bottom over 
                                          the balance cover. Allow the  
                                          neck of the flask to project  
                                          through the hole in the       
                                          bucket.                       
7.4.2  Weigh 120.00 g of n-heptane into  Use 99+% n-heptane from Aldrich
 the flask. Record the total weight of    or Janssen Chimica.           
 the flask and heptane as well as the                                   
 weight of heptane added.                                               
7.4.3  Fill the flask close to the mark  Use EM Science Omnisolve       
 with toluene, about 1 to 2'' below the   toluene, Grade TX0737-1, or   
 mark.                                    equivalent.                   
7.4.4  Shake the flask vigorously to     Allow any bubbles to clear     
 mix the contents.                        before proceeding to the next 
                                          step.                         
7.4.5  Top off the flask to the mark                                    
 with toluene. Shake vigorously, as in                                  
 section 5.4.4 of this method, to mix                                   
 well.                                                                  
7.4.6  Weigh the flask containing the                                   
 solution on the three place balance                                    
 record the weight                                                      

[[Page 1066]]

                                                                        
7.4.7 Transfer the contents of the       Discard any excess solution    
 flask to a 1 qt Boston round bottle.                                   
7.4.8  Label the bottle with the         Be sure to include the words   
 identity of the contents, the weights    ``Hexane in Crumb Polymer     
 of heptane and toluene used, the date    Dissolving Stock Solution'' on
 of preparation and the preparer's name.  the label.                    
7.4.9  Refrigerate the completed blend                                  
 for the use of the routine Technicians.                                
------------------------------------------------------------------------

    7.5  Polymer Dissolving Solution (``PDS'')--Heptane (as internal 
standard) in toluene. This solution contains 0.3g of heptane internal 
standard per 100 ml of solution.
    7.5.1  Fill a 4000ml volumetric flask about \3/4\ full with toluene.
    7.5.2  Add 100 ml of the internal standard solution (section 7.4 of 
this method) to the flask using the 100ml pipette.
    7.5.3  Fill the flask to the mark with toluene. Discard any excess.
    7.5.4  Add a large magnetic stirring bar to the flask and mix by 
stirring.
    7.5.5  Transfer the polymer solvent solution to the one-gallon 
labeled container with 50ml volumetric dispenser attached.
    7.5.6  Purity Check: Analyze according to section 11.2. NOTE: You 
must ``precipitate'' the sample with an equal part of acetone (thus 
duplicating actual test conditions-- see section 11.1 of this method, 
sample prep) before analyzing. Analyze the reagent 3 times to quantify 
the C6 and ENB interferences. Inspect the results to ensure 
good agreement among the three runs (within 10%).
    7.5.7  Tag the bottle with the following information:
      POLYMER DISSOLVING SOLUTION FOR C6 IN CRUMB ANALYSIS
      PREPARER'S NAME
      DATE
      CALS FILE ID'S OF THE THREE ANALYSES FOR PURITY (from section 
7.5.6 of this method)
    7.6  Quality Control Solution: the quality control solution is 
prepared by adding specific amounts of mixed hexanes (barge hexane), n-
nonane and ENB to some polymer dissolving solution. Nonane elutes in the 
same approximate time region as ENB and is used to quantify in that 
region because it has a longer shelf life. ENB, having a high tendency 
to polymerize, is used in the QC solution only to ensure that both ENB 
isomers elute at the proper time.
    First, a concentrated stock solution is prepared; the final QC 
solution can then be prepared by diluting the stock solution.
    7.6.1  In preparation of stock solution, fill a 1-liter volumetric 
flask partially with polymer dissolving solution (PDS)--see section 7.5 
of this method. Add 20.0 ml barge hexane, 5.0 ml n-nonane, and 3 ml ENB. 
Finish filling the volumetric to the mark with PDS.
    7.6.2  In preparation of quality control solution, dilute the 
quality control stock solution (above) precisely 1:10 with PDS, i.e. 10 
ml of stock solution made up to 100 ml (volumetric flask) with PDS. Pour 
the solution into a 4 oz. Boston round bottle and store in the 
refrigerator.

            8.0  Sample Collection, Preservation and Storage

    8.1  Line up facility to catch crumb samples. The facility is a 
special facility where the sample is drawn.
    8.1.1  Ensure that the cock valve beneath facility is closed.
    8.1.2  Line up the system from the slurry line cock valve to the 
cock valve at the nozzle on the stripper.
    8.1.3  Allow the system to flush through facility for a period of 30 
seconds.
    8.2  Catch a slurry crumb sample.
    8.2.1  Simultaneously close the cock valves upstream and downstream 
of facility.
    8.2.2  Close the cock valve beneath the slurry line in service.
    8.2.3  Line up the cooling tower water through the sample bomb water 
jacket to the sewer for a minimum of 30 minutes.
    8.2.4  Place the sample catching basket beneath facility and open 
the cock valve underneath the bomb to retrieve the rubber crumb.
    8.2.5  If no rubber falls by gravity into the basket, line up 
nitrogen to the bleeder upstream of the sample bomb and force the rubber 
into the basket.
    8.2.6  Close the cock valve underneath the sample bomb.
    8.3  Fill a plastic ``Whirl-pak'' sample bag with slurry crumb and 
send it to the lab immediately.
    8.4  Once the sample reaches the lab, it should be prepped as soon 
as possible to avoid hexane loss through evaporation. Samples which have 
lain untouched for more than 30 minutes should be discarded.

                          9.0  Quality Control

    Quality control is monitored via a computer program that tracks 
analyses of a prepared QC sample (from section 7.6.2 of this method). 
The QC sample result is entered daily into the program, which plots the 
result as a data point on a statistical chart. If

[[Page 1067]]

the data point does not satisfy the ``in-control'' criteria (as defined 
by the lab quality facilitator), an ``out-of-control'' flag appears, 
mandating corrective action.
    In addition, the area of the n-heptane peak is monitored so that any 
errors in making up the polymer dissolving solution will be caught and 
corrected. Refer to section 12.4 of this method.

    9.1  Fill an autosampler vial with the quality control solution 
(from section 7.6.2 of this method) and analyze on the GC as normal (per 
section 11 of this method).
    9.2  Add the concentrations of the 5 hexane isomers as they appear 
on the CALS printout. Also include the 2,2-dimethyl-pentane peak just 
ahead of the methyl cyclopentane (the fourth major isomer) peak in the 
event that the peak integration split this peak out. Do not include the 
benzene peak in the sum. Note the nonane concentration. Record both 
results (total hexane and nonane) in the QC computer program. If out of 
control, and GC appears to be functioning within normal parameters, 
reanalyze a fresh control sample. If the fresh QC is not in control, 
check stock solution for contaminants or make up a new QC sample with 
the toluene currently in use. If instrument remains out-of-control, more 
thorough GC troubleshooting may be needed.
    Also, verify that the instrument has detected both isomers of ENB 
(quantification not necessary--see section 7.0 of this method).
    9.3  Recovery efficiency must be determined for each sample type and 
whenever modifications are made to the method. Recovery shall be between 
70 and 130 percent. All test results must be corrected by the recovery 
efficiency value (R).
    9.3.1  Approximately 10 grams of wet EPDM crumb (equivalent to about 
5 grams of dry rubber) shall be added to six sample bottles containing 
100 ml of hexane in crumb polymer dissolving solution (toluene 
containing 0.3 gram n-heptane/100 ml solution). The polymer shall be 
dissolved by agitating the bottles on a shaker for 4 hours. The polymer 
shall be precipitated using 100 ml acetone.
    9.3.2  The supernatant liquid shall be decanted from the polymer. 
Care shall be taken to remove as much of the liquid phase from the 
sample as possible to minimize the effect of retained liquid phase upon 
the next cycle of the analysis. The supernatant liquid shall be analyzed 
by gas chromatography using an internal standard quantitation method 
with heptane as the internal standard.
    9.3.3  The precipitated polymer from the steps described above shall 
be re-dissolved using toluene as the solvent. The toluene solvent and 
acetone precipitant shall be determined to be free of interfering 
compounds.
    9.3.4  The rubber which was dissolved in the toluene shall be 
precipitated with acetone as before, and the supernatant liquid decanted 
from the precipitated polymer. The liquid shall be analyzed by gas 
chromatography and the rubber phase dried in a steam-oven to determine 
the final polymer weight.
    9.3.5  The ratios of the areas of the hexane peaks and of the 
heptane internal standard peak shall be calculated for each of the six 
samples in the two analysis cycles outlined above. The area ratios of 
the total hexane to heptane (R1) shall be determined for the two 
analysis cycles of the sample set. The ratio of the values of R1 from 
the second analysis cycle to the first cycle shall be determined to give 
a second ratio (R2).

                  10.0  Calibration and Standardization

    The procedure for preparing a Quality Control sample with the 
internal standard in it is outlined in section 7.6 of this method.

    10.1  The relative FID response factors for n-heptane, the internal 
standard, versus the various hexane isomers and ENB are relatively 
constant and should seldom need to be altered. However Baseline 
construction is a most critical factor in the production of good data. 
For this reason, close attention should be paid to peak integration. 
Procedures for handling peak integration will depend upon the data 
system used.
    10.2  If recalibration of the analysis is needed, make up a 
calibration blend of the internal standard and the analytes as detailed 
below and analyze it using the analytical method used for the samples.
    10.2.1  Weigh 5 g heptane into a tared scintillation vial to five 
places.
    10.2.2  Add 0.2 ml ENB to the vial and reweigh.
    10.2.3  Add 0.5 ml hexane to the vial and reweigh.
    10.2.4  Cap, and shake vigorously to mix.
    10.2.5  Calculate the weights of ENB and of hexane added and divide 
their weights by the weight of the n-heptane added. The result is the 
known of given value for the calibration.
    10.2.6  Add 0.4 ml of this mixture to a mixture of 100 ml toluene 
and 100 ml of acetone. Cap and shake vigorously to mix.
    10.2.7  Analyze the sample.
    10.2.8  Divide the ENB area and the total areas of the hexane peaks 
by the n-heptane area. This result is the ``found'' value for the 
calibration.
    10.2.9  Divide the appropriate ``known'' value from 10.2.5 by the 
found value from 10.2.8. The result is the response factor for the 
analyte in question. Previous work has shown that the standard deviation 
of the calibration method is about 1% relative.

                             11.0  Procedure

    11.1  SAMPLE PREPARATION

[[Page 1068]]

    11.1.1  Tare an 8oz sample bottle--Tag attached, cap off; record 
weight and sample ID on tag in pencil.
    11.1.2  Place crumb sample in bottle: RLA-1: 20g; RLA-3: 10g--(gives 
a dry wt of 10g); (gives a dry wt of 5.5g).
    11.1.3  Dispense 100ml of PDS into each bottle. SAMPLE SHOULD BE 
PLACED INTO SOLUTION ASAP TO AVOID HEXANE LOSS--Using ``Dispensette'' 
pipettor. Before dispensing, ``purge'' the dispensette (25% of its 
volume) into a waste bottle to eliminate any voids.
    11.1.4  Tightly cap bottles and load samples into shaker.
    11.1.5  Insure that ``ON-OFF'' switch on the shaker itself is 
``ON.''
    11.1.6  Locate shaker timer. Insure that toggle switch atop timer 
control box is in the middle (``off'') position. If display reads 
``04:00'' (4 hours), move toggle switch to the left position. Shaker 
should begin operating.
    11.1.7  After shaker stops, add 100 ml acetone to each sample to 
precipitate polymer. Shake minimum of 5 minutes on shaker--Vistalon 
sample may not have fully dissolved; nevertheless, for purposes of 
consistency, 4 hours is the agreed-upon dissolving time.
    11.1.8  Using a 5-ml glass Luer-lock syringe and Acrodisc filter, 
filter some of the supernatant liquid into an autosampler vial; crimp 
the vial and load it into the GC autosampler for analysis (section 11.2 
of this method)--The samples are filtered to prevent polymer buildup in 
the GC. Clean the syringes in toluene.
    11.1.9  Decant remaining supernatant into a hydrocarbon waste sink, 
being careful not to discard any of the polymer. Place bottle of 
precipitate into the steam oven and dry for six hours--Some grades of 
Vistalon produce very small particles in the precipitate, thus making 
complete decanting impossible without discarding some polymer. In this 
case, decant as much as possible and put into the oven as is, allowing 
the oven to drive off remaining supernatant (this practice is avoided 
for environmental reasons). WARNING: OVEN IS HOT--110  deg.C (230 deg. 
F).
    11.1.10  Cool, weigh and record final weight of bottle.
    11.2  GC ANALYSIS
    11.2.1  Initiate the CALS computer channel.
    11.2.2  Enter the correct instrument method into the GC's 
integrator.
    11.2.3  Load sample vial(s) into autosampler.
    11.2.4  Start the integrator.
    11.2.5  When analysis is complete, plot CALS run to check baseline 
skim.

                   12.0 Data Analysis and Calculations

    12.1  Add the concentrations of the hexane peaks as they appear on 
the CALS printout. Do not include the benzene peak in the sum.
    12.2  Subtract any hexane interferences found in the PDS (see 
section 7.5.6 of this method); record the result.
    12.3  Note the ENB concentration on the CALS printout. Subtract any 
ENB interference found in the PDS and record this result in a ``% ENB by 
GC'' column in a logbook.
    12.4  Record the area (from CALS printout) of the heptane internal 
standard peak in a ``C7 area'' column in the logbook. This helps track 
instrument performance over the long term.
    12.5  After obtaining the final dry weight of polymer used (section 
11.1.10 of this method), record that result in a ``dry wt.'' column of 
the logbook.
    12.6  Divide the %C6 by the dry weight to obtain the total PHR 
hexane in crumb. Similarly, divide the %ENB by the dry weight to obtain 
the total PHR ENB in crumb. Note that PHR is an abbreviation for ``parts 
per hundred''. Record both the hexane and ENB results in the logbook.
    12.7  Correct all results by the recovery efficiency value (R).

                        13.0  Method Performance

    13.1  The method has been shown to provide 100% recovery of the 
hexane analyte. The method was found to give a 6% relative standard 
deviation when the same six portions of the same sample were carried 
through the procedure. Note: These values are examples; each sample type 
must be tested for sample recovery.

                       14.0  Pollution Prevention

    14.1  Dispose of all hydrocarbon liquids in the appropriate disposal 
sink system; never pour hydrocarbons down a water sink.
    14.2  As discussed in section 11.1.9 of this method, the analyst can 
minimize venting hydrocarbon vapor to the atmosphere by decanting as 
much hydrocarbon liquid as possible before oven drying.

                         15.0  Waste Mamagement

    15.1  The Technician conducting the analysis should follow the 
proper waste management practices for their laboratory location.

                            16.0  References

    16.1  Baton Rouge Chemical Plant Analytical Procedure no. BRCP 1302
    16.2  Material Safety Data Sheets (from chemical vendors) for 
hexane, ENB, toluene, acetone, and heptane

[[Page 1069]]

 Method 310C--Determination of Residual N-Hexane in EPDM Rubber Through 
                           Gas Chromatography

                       1.0  Scope and Application

    1.1  This method describes a procedure for the determination of 
residual hexane in EPDM wet crumb rubber in the 0.01--2% range by 
solvent extraction of the hexane followed by gas chromatographic 
analysis where the hexane is detected by flame ionization and quantified 
via an internal standard.
    1.2  This method may involve hazardous materials operations and 
equipment. This method does not purport to address all the safety 
problems associated with it use, if any. It is the responsibility of the 
user to consult and establish appropriate safety and health practices 
and determine the applicability of regulatory limitations prior to use.

                              2.0  Summary

    2.1  Residual hexane contained in wet pieces of EPDM polymer is 
extracted with MIBK. A known amount of an internal standard (IS) is 
added to the extract which is subsequently analyzed via gas 
chromatography where the hexane and IS are separated and detected 
utilizing a megabore column and flame ionization detection (FID). From 
the response to the hexane and the IS, the amount of hexane in the EPDM 
polymer is calculated.

                            3.0  Definitions

    3.1  Hexane--refers to n-hexane
    3.2  Heptane--refers to n-heptane
    3.3  MIBK--methyl isobutyl ketone (4 methyl 2--Pentanone)

                           4.0  Interferences

    4.1  Material eluting at or near the hexane and/or the IS will cause 
erroneous results. Prior to extraction, solvent blanks must be analyzed 
to confirm the absence of interfering peaks.

                               5.0  Safety

    5.1  Review Material Safety Data Sheets of the chemicals used in 
this method.

                       6.0  Equipment and Supplies

    6.1  4 oz round glass jar with a wide mouth screw cap lid.
    6.2  Vacuum oven.
    6.3  50 ml pipettes.
    6.4  A gas chromatograph with an auto sampler and a 50 meter, 0.53 
ID, methyl silicone column with 5 micron phase thickness.
    6.5  Shaker, large enough to hold 10, 4 oz. jars.
    6.6  1000 and 4000 ml volumetric flasks.
    6.7  Electronic integrator or equivalent data system.
    6.8  GC autosampler vials.
    6.9  50 uL syringe.

                       7.0  Reagents and Standards

    7.1  Reagent grade Methyl-Iso-Butyl-Ketone (MIBK)
    7.2  n-heptane, 99% + purity
    7.3  n-hexane, 99% + purity

                         8.0  Sample Collection

    8.1  Trap a sample of the EPDM crumb slurry in the sampling 
apparatus. Allow the crumb slurry to circulate through the sampling 
apparatus for 5 minutes; then close off the values at the bottom and top 
of the sampling apparatus, trapping the crumb slurry. Run cooling water 
through the water jacket for a minimum of 30 minutes. Expel the cooled 
crumb slurry into a sample catching basket. If the crumb does not fall 
by gravity, force it out with demineralized water or nitrogen. Send the 
crumb slurry to the lab for analysis.

                          9.0  Quality Control

    9.1  The Royalene crumb sample is extracted three times with MIBK 
containing an internal standard. The hexane from each extraction is 
added together to obtain a total hexane content. The percent hexane in 
the first extraction is then calculated and used as the recovery factor 
for the analysis.
    9.2  Follow this test method through section 11.4 of the method. 
After removing the sample of the first extraction to be run on the gas 
chromatograph, drain off the remainder of the extraction solvent, 
retaining the crumb sample in the sample jar. Rinse the crumb with 
demineralized water to remove any MIBK left on the surface of the crumb. 
Repeat the extraction procedure with fresh MIBK with internal standard 
two more times.
    9.3  After the third extraction, proceed to section 11.5 of this 
method and obtain the percent hexane in each extraction. Use the sample 
weight obtained in section 12.1 of this method to calculate the percent 
hexane in each of the extracts.
    9.4  Add the percent hexane obtained from the three extractions for 
a total percent hexane in the sample.
    9.5  Use the following equations to determine the recovery factor 
(R):
    % Recovery of the first extraction=(% hexane in the first extract/
total % hexane) x 100
    Recovery Factor (R)=(% Hexane Recovered in the first extract)/100

                            10.0  Calibration

    10.1  Preparation of Internal Standard (IS) solution:
    Accuracy weigh 30 grams of n-heptane into a 1000 ml volumetric 
flask. Dilute to the mark with reagent grade MIBK. Label this

[[Page 1070]]

Solution ``A''. Pipette 100 mls. of Solution A into a 4 liter volumetric 
flask. Fill the flask to the mark with reagent MIBK. Label this Solution 
``B''. Solution ``B'' will have a concentration of 0.75 mg/ml of 
heptane.
    10.2  Preparation of Hexane Standard Solution (HS):
    Using a 50 uL syringe, weigh by difference, 20 mg of n-hexane into a 
50 ml volumetric flask containing approximately 40 ml of Solution B. 
Fill the flask to the mark with Solution B and mix well.
    10.3  Conditions for GC analysis of standards and samples:
    Temperature:
    Initial=40  deg.C
    Final=150  deg.C
    Injector=160  deg.C
    Detector=280  deg.C
    Program Rate=5.0  deg.C/min

    Initial Time=5 minutes Final Time=6 minutes
    Flow Rate=5.0 ml/min
    Sensitivity=detector response must be adjusted to keep the hexane 
and IS on scale.
    10.4  Fill an autosampler vial with the HS, analyze it three times 
and calculate a Hexane Relative Response Factor (RF) as follows:

    RF=(AIS  x  CHS  x  PHS)/
(AHS  x  CIS  x  PIS)    (1)

    Where:
    A IS=Area of IS peak (Heptane)
    AHS=Area of peak (Hexane Standard)
    CHS=Mg of Hexane/50 ml HS
    CIS=Mg of Heptane/50 ml IS Solution B
    PIS=Purity of the IS n-heptane
    PHS=Purity of the HS n-hexane

                             11.0  Procedure

    11.1  Weight 10 grams of wet crumb into a tared (W1), wide mouth 4 
oz. jar.
    11.2  Pipette 50 ml of Solution B into the jar with the wet crumb 
rubber.
    11.3  Screw the cap on tightly and place it on a shaker for 4 hours.
    11.4  Remove the sample from the shaker and fill an autosampler vial 
with the MIBK extract.
    11.5  Analyze the sample two times.
    11.6  Analyze the HS twice, followed by the samples. Inject the HS 
twice at the end of each 10 samples or at the end of the run.

                           12.0  Calculations

    12.1  Drain off the remainder of the MIBK extract from the polymer 
in the 4 oz. jar. Retain all the polymer in the jar. Place the uncovered 
jar and polymer in a heated vacuum oven until the polymer is dry. 
Reweigh the jar and polymer (W2) and calculate the dried sample weight 
of the polymer as follows:

    Dried SW=W2--W1 (2)

    12.2  Should the polymer be oil extended, pipette 10 ml of the MIBK 
extract into a tared evaporating dish (W1) and evaporate to dryness on a 
steam plate.
    Reweigh the evaporating dish containing the extracted oil (W2). 
Calculate the oil content of the polymer as follows:

    Gram of oil extracted =5 (W2--W1)  (3)
% Hexane in polymer=(As X RF X CIS X 
PIS)/(AIS X SW)  (4)
    Where:
    As=Area of sample hexane sample peak.
    AIS=Area of IS peak in sample.
    CIS=Concentration of IS in 50 ml.
    PIS=Purity of IS.
    SW=Weight of dried rubber after extraction. (For oil extended 
polymer, the amount of oil extracted is added to the dry rubber weight).
    % Corrected Hexane=(% Hexane in Polymer)/R (5)
    R=Recovery factor determined in section 9 of this method.

                        13.0  Method Performance

    13.1  Performance must be determined for each sample type by 
following the procedures in section 9 of this method.

                         14.0  Waste Generation

    14.1  Waste generation should be minimized where possible.

                         15.0  Waste Management

    15.1  All waste shall be handled in accordance with Federal and 
State environmental regulations.

                            16.0  References

    [Reserved]

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

[[Page 1071]]

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 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

[[Page 1072]]

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.

    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

[[Page 1073]]

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 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

[[Page 1074]]

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 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

[[Page 1075]]

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.
    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

[[Page 1076]]

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 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.

[[Page 1077]]

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 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:

[[Page 1078]]

[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:
    [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:

[[Page 1079]]

[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:
[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

[[Page 1080]]

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)...........  ..............  ..............
    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:__________________________________________________________


[[Page 1081]]

________________________________________________________________________
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                    
                                                                        


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Amount of stock reference standard added (by                             
                                                                  Stock                    volume or by weight)                  Calculated     Weight  
                                                                reference  ----------------------------------------------------    weight      percent  
                        Analyte name a                         standard ID                Amount in                 Amount in     analyte     analyte in
                                                                   No.         Volume    standard, g/    Weight    standard, g/   added, g   calibration
                                                                             added, ml        ml        added, g      g soln                  standard b
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Include internal standard(s).                                                                                                                         
b Weight percent = weight analyte added  total weight of reagents.                                                                              

                     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                     
                                                                        


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Amount of stock reference standard added (by                             
                                                                  Stock                    volume or by weight)                  Calculated     Weight  
                                                                reference  ----------------------------------------------------    weight      percent  
                        Analyte name a                         standard ID                Amount in                 Amount in     analyte     analyte in
                                                                   No.         Volume    standard, g/    Weight    standard, g/   added, g       QCC    
                                                                             added, ml        ml        added, g      g soln                  standard b
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                               ...........  ...........  ...........  ...........  ...........  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Include internal Standard(s).                                                                                                                         
b Weight percent=weight analyte added  total weight of reagents.                                                                                

                 Quality Control Check Standard Analysis

Date OCCS Analyzed:_____________________________________________________

OCCS Identification No._________________________________________________

Analyst:________________________________________________________________

QCC Expiration Date:____________________________________________________

                                                                    Analysis Results                                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Weight percent determined                                        Meets criteria in 
                                                                 ---------------------------------                                      Section 9.4.6   
                             Analyte                                                                Mean Wt    Percent    Percent  ---------------------
                                                                    Run 1      Run 2      Run 3     percent    accuracx     RSD      Percent    Percent 
                                                                                                                                     accuracy     RSD   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  .........  .........  .........  .........  .........  .........  .........  .........
                                                                  .........  .........  .........  .........  .........  .........  .........  .........
                                                                  .........  .........  .........  .........  .........  .........  .........  .........

[[Page 1082]]

                                                                                                                                                        
                                                                  .........  .........  .........  .........  .........  .........  .........  .........
                                                                  .........  .........  .........  .........  .........  .........  .........  .........
                                                                  .........  .........  .........  .........  .........  .........  .........  .........
                                                                  .........  .........  .........  .........  .........  .........  .........  .........
                                                                  .........  .........  .........  .........  .........  .........  .........  .........
                                                                  .........  .........  .........  .........  .........  .........  .........  .........
                                                                  .........  .........  .........  .........  .........  .........  .........  .........
                                                                  .........  .........  .........  .........  .........  .........  .........  .........
--------------------------------------------------------------------------------------------------------------------------------------------------------

                    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..........................................................  ..............  ..............  ..............

[[Page 1083]]

                                                                                                                
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:__________________________________________________________

                                                    Part 3.--Data Analysis for Calibration Standards                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                             Is RT within               
                                                           Calib. STD   Calib. STD   Calib. STD               percent RSD  0.05   Is percent
                         Analyte                               ID           ID           ID          Mean        of RF       min of RT for   RSD <30% (Y/
                                                                                                                             stock? (Y/N)         N)    
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name:                                                                                                                                                   
    RT..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
    RF..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
Name:                                                                                                                                                   
    RT..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
    RF..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
Name:                                                                                                                                                   
    RT..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
    RF..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
Name:                                                                                                                                                   
    RT..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
    RF..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
Name:                                                                                                                                                   
    RT..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
    RF..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
Name:                                                                                                                                                   
    RT..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
    RF..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
Name:                                                                                                                                                   
    RT..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
    RF..................................................  ...........  ...........  ...........  ...........  ...........  ................  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------

                         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 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............

[[Page 1084]]

                                                                                                                                                        
                                                          ..............  ..............  ..............  ..............  ..............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.......................................                                                                                                
--------------------------------------------------------------------------------------------------------------------------------------------------------

      

Method 312A--Determination of Styrene in Latex Styrene-Butadiene Rubber, 
                       Through Gas Chromatography

                        1.  Scope and Application

    1.1  This method describes a procedure for determining parts per 
million (ppm) styrene monomer (CAS No. 100-42-5) in aqueous samples, 
including latex samples and styrene stripper water.
    1.2  The sample is separated in a gas chromatograph equipped with a 
packed column and a flame ionization detector.

                         2.0  Summary of Method

    2.1  This method utilizes a packed column gas chromatograph with a 
flame ionization detector to determine the concentration of residual 
styrene in styrene butadiene rubber (SBR) latex samples.

                            3.0  Definitions

    3.1  The definitions are included in the text as needed.

                           4.0  Interferences

    4.1  In order to reduce matrix effects and emulsify the styrene, 
similar styrene free latex is added to the internal standard. There are 
no known interferences.
    4.2  The operating parameters are selected to obtain resolution 
necessary to determine styrene monomer concentrations in latex.

[[Page 1085]]

                               5.0  Safety

    5.1  It is the responsibility of the user of this procedure to 
establish appropriate safety and health practices.

                       6.0  Equipment and Supplies

    6.1  Adjustable bottle-top dispenser, set to deliver 3 ml. (for 
internal standard), Brinkmann Dispensette, or equivalent.
    6.2  Pipettor, set to 10 ml., Oxford Macro-set, or equivalent.
    6.3  Volumetric flask, 100-ml, with stopper.
    6.4  Hewlett Packard Model 5710A dual channel gas chromatograph 
equipped with flame ionization detector.
    6.4.1  11 ft.  x  \1/8\ in. stainless steel column packed with 10% 
TCEP on 100/120 mesh Chromosorb P, or equivalent.
    6.4.2  Perkin Elmer Model 023 strip chart recorder, or equivalent.
    6.5  Helium carrier gas, zero grade.
    6.6  Liquid syringe, 25-l.
    6.7  Digital MicroVAX 3100 computer with VG Multichrom software, or 
equivalent data handling system.
    6.6  Wire Screens, circular, 70-mm, 80-mesh diamond weave.
    6.7  DEHA--(N,N-Diethyl hydroxylamine), 97+% purity, CAS No. 3710-
84-7
    6.8  p-Dioxane, CAS No. 123-91-1

                       7.0  Reagents and Standards

    7.1  Internal standard preparation.
    7.1.1  Pipette 5 ml p-dioxane into a 1000-ml volumetric flask and 
fill to the mark with distilled water and mix thoroughly.
    7.2  Calibration solution preparation.
    7.2.1  Pipette 10 ml styrene-free latex (eg: NBR latex) into a 100-
ml volumetric flask.
    7.2.2  Add 3 ml internal standard (section 7.1.1 of this method).
    7.2.3  Weigh exactly 10l fresh styrene and record the 
weight.
    7.2.4  Inject the styrene into the flask and mix well.
    7.2.5  Add 2 drops of DEHA, fill to the mark with water and mix well 
again.
    7.2.6  Calculate concentration of the calibration solution as 
follows:

    mg/l styrene=(mg styrene added)/0.1 L

            8.0  Sample Collection, Preservation, and Storage

    8.1  A representative SBR emulsion sample should be caught in a 
clean, dry 6-oz. teflon lined glass container. Close it properly to 
assure no sample leakage.
    8.2  The container should be labeled with sample identification, 
date and time.

                          9.0  Quality Control

    9.1  The instrument is calibrated by injecting calibration solution 
(Section 7.2 of this method) five times.
    9.2  The retention time for components of interest and relative 
response of monomer to the internal standard is determined.
    9.3  Recovery efficiency must be determined once for each sample 
type and whenever modifications are made to the method.
    9.3.1  A set of six latex samples shall be collected. Two samples 
shall be prepared for analysis from each sample. Each sample shall be 
analyzed in duplicate.
    9.3.2  The second set of six latex samples shall be analyzed in 
duplicate before spiking each sample with approximately 1000 ppm 
styrene. The spiked samples shall be analyzed in duplicate.
    9.3.3  For each hydrocarbon, calculate the average recovery 
efficiency (R) using the following equations:

    where:
    R=(Rn)/6

    where:
    Rn=(cns-cv)/Sn

    n=sample number
    cns=concentration of compound measured in spiked sample 
number n.
    cnu= concentration of compound measured in unspiked 
sample number n.
    Sn=theoretical concentration of compound spiked into 
sample n.
    9.3.4  A value of R between 0.70 and 1.30 is acceptable.
    9.3.5  R is used to correct all reported results for each compound 
by dividing the measured results of each compound by the R for that 
compound for the same sample type.

                10.0  Calibration and Instrument Settings

    10.1  Injection port temperature, 250 deg.C.
    10.2  Oven temperature, 110 deg.C, isothermal.
    10.3  Carrier gas flow, 25 cc/min.
    10.4  Detector temperature, 250 deg.C.
    10.5  Range, 1X.

                             11.0  Procedure

    11.1  Turn on recorder and adjust baseline to zero.
    11.2  Prepare sample.
    11.2.1  For latex samples, add 3 ml Internal Standard (section 7.1 
of this method) to a 100-ml volumetric flask. Pipet 10 ml sample into 
the flask using the Oxford pipettor, dilute to the 100-ml mark with 
water, and shake well.
    11.2.2  For water samples, add 3 ml Internal Standard (section 7.1 
of this method) to a 100-ml volumetric flask and fill to the mark with 
sample. Shake well.
    11.3  Flush syringe with sample.
    11.4  Carefully inject 2 l of sample into the gas 
chromatograph column injection port and press the start button.
    11.5  When the run is complete the computer will print a report of 
the analysis.

[[Page 1086]]

                   12.0  Data Analysis and Calculation

    12.1  For samples that are prepared as in section 11.2.1 of this 
method:

    ppm styrene = A x D

    Where:
    A = ``ppm'' readout from computer
    D = dilution factor (10 for latex samples)

    12.2  For samples that are prepared as in section 11.2.2 of this 
method, ppm styrene is read directly from the computer.

                        13.0  Method Performance

    13.1  This test has a standard deviation (1) of 3.3 ppm at 100 ppm 
styrene. The average Spike Recovery from six samples at 1000 ppm Styrene 
was 96.7 percent. The test method was validated using 926 ppm styrene 
standard. Six analysis of the same standard provided average 97.7 
percent recovery. Note: These are example recoveries and do not replace 
quality assurance procedures in this method.

                       14.0  Pollution Prevention

    14.1  Waste generation should be minimized where possible. Sample 
size should be an amount necessary to adequately run the analysis.

                         15.0  Waste Management

    15.1  All waste shall be handled in accordance with Federal and 
State environmental regulations.

                    16.0  References and Publications

    16.1  40 CFR 63 Appendix A--Method 301 Test Methods Field Validation 
of Pollutant Measurement
    16.2  DSM Copolymer Test Method T-3060, dated October 19, 1995, 
entitled: Determination of Residual Styrene in Latex, Leonard, C.D., 
Vora, N.M.et al

  Method 312B--Determination of Residual Styrene in Styrene-Butadiene 
           (SBR) Rubber Latex by Capillary Gas Chromatography

                               1.0  Scope

    1.1  This method is applicable to SBR latex solutions.
    1.2  This method quantitatively determines residual styrene 
concentrations in SBR latex solutions at levels from 80 to 1200 ppm.

                        2.0  Principle of Method

    2.1  A weighed sample of a latex solution is coagulated with an 
ethyl alcohol (EtOH) solution containing a specific amount of alpha-
methyl styrene (AMS) as the internal standard. The extract of this 
coagulation is then injected into a gas chromatograph and separated into 
individual components. Quantification is achieved by the method of 
internal standardization.

                            3.0  Definitions

    3.1  The definitions are included in the text as needed.

                           4.0  Interferences

    [Reserved]

                               5.0  Safety

    5.1  This method may involve hazardous materials, operations, and 
equipment. This method does not purport to address all of the safety 
problems associated with its use. It is the responsibility of the user 
of this method to establish appropriate safety and health practices and 
determine the applicability of regulatory limitations prior to use.

                       6.0  Equipment and Supplies

    6.1  Analytical balance, 160 g capacity, and 0.1 mg resolution
    6.2  Bottles, 2-oz capacity, with poly-cap screw lids
    6.3  Mechanical shaker
    6.4  Syringe, 10-ul capacity
    6.5  Gas chromatograph, Hewlett Packard model 5890A, or equivalent, 
configured with FID with a megabore jet, splitless injector packed with 
silanized glass wool.
    6.5.1  Establish the following gas chromatographic conditions, and 
allow the system to thoroughly equilibrate before use.

    Injection technique = Splitless
    Injector temperature = 225 deg C
    Oven temperature = 70 deg C (isothermal)
    Detector: temperature = 300 deg C
    range = 5
    attenuation = 0
    Carrier gas: helium = 47 ml/min
    Detector gases: hydrogen = 30 ml/min
    air = 270 ml/min
    make-up = 0 ml/min
    Analysis time: = 3.2 min at the specified carrier gas flow rate and 
column temperature.
    6.6  Gas chromatographic column, DB-1, 30 M X 0.53 ID, or 
equivalent, with a 1.5 micron film thickness.
    6.7  Data collection system, Perkin-Elmer/Nelson Series Turbochrom 4 
Series 900 Interface, or equivalent.
    6.8  Pipet, automatic dispensing, 50-ml capacity, and 2-liter 
reservoir.
    6.9  Flasks, volumetric, class A, 100-ml and 1000-ml capacity.
    6.10  Pipet, volumetric delivery, 10-ml capacity, class A.

                       7.0  Chemicals and Reagents

    CHEMICALS:

[[Page 1087]]

    7.1  Styrene, C8H8, 99+%, CAS 100-42-5
    7.2  Alpha methyl styrene, C9H10, 99%, CAS 98-83-9
    7.3  Ethyl alcohol, C2H5OH, denatured formula 2B, CAS 64-17-5
    REAGENTS:
    7.4  Internal Standard Stock Solution: 5.0 mg/ml AMS in ethyl 
alcohol.
    7.4.1  Into a 100-ml volumetric flask, weigh 0.50 g of AMS to the 
nearest 0.1 mg.
    7.4.2  Dilute to the mark with ethyl alcohol. This solution will 
contain 5.0 mg/ml AMS in ethyl alcohol and will be labeled the AMS STOCK 
SOLUTION.
    7.5  Internal Standard Working Solution: 2500 ug/50 ml of AMS in 
ethyl alcohol.
    7.5.1  Using a 10 ml volumetric pipet, quantitatively transfer 10.0 
ml of the AMS STOCK SOLUTION into a 1000-ml volumetric flask.
    7.5.2  Dilute to the mark with ethyl alcohol. This solution will 
contain 2500 ug/50ml of AMS in ethyl alcohol and will be labeled the AMS 
WORKING SOLUTION.
    7.5.3  Transfer the AMS WORKING SOLUTION to the automatic dispensing 
pipet reservoir.
    7.6  Styrene Stock Solution: 5.0 mg/ml styrene in ethyl alcohol.
    7.6.1  Into a 100-ml volumetric flask, weigh 0.50 g of styrene to 
the nearest 0.1 mg.
    7.6.2  Dilute to the mark with ethyl alcohol. This solution will 
contain 5.0 mg/ml styrene in ethyl alcohol and will be labeled the 
STYRENE STOCK SOLUTION.
    7.7  Styrene Working Solution: 5000 ug/10 ml of styrene in ethyl 
alcohol.
    7.7.1  Using a 10-ml volumetric pipet, quantitatively transfer 10.0 
ml of the STYRENE STOCK SOLUTION into a 100-ml volumetric flask.
    7.7.2  Dilute to the mark with ethyl alcohol. This solution will 
contain 5000 ug/10 ml of styrene in ethyl alcohol and will be labeled 
the STYRENE WORKING SOLUTION.

            8.0  Sample Collection, Preservation and Storage

    8.1  Label a 2-oz sample poly-cap lid with the identity, date and 
time of the sample to be obtained.
    8.2  At the sample location, open sample valve for at least 15 
seconds to ensure that the sampling pipe has been properly flushed with 
fresh sample.
    8.3  Fill the sample jar to the top (no headspace) with sample, then 
cap it tightly.
    8.4  Deliver sample to the Laboratory for testing within one hour of 
sampling.
    8.5  Laboratory testing will be done within two hours of the 
sampling time.
    8.6  No special storage conditions are required unless the storage 
time exceeds 2 hours in which case refrigeration of the sample is 
recommended.

                          9.0  Quality Control

    9.1  For each sample type, 12 samples of SBR latex shall be obtained 
from the process for the recovery study. Half the vials and caps shall 
be tared, labeled ``spiked'', and numbered 1 through 6. The other vials 
are labeled ``unspiked'' and need not be tared, but are also numbered 1 
through 6.
    9.2  The six vials labeled ``spiked'' shall be spiked with an amount 
of styrene to approximate 50% of the solution's expected residual 
styrene level.
    9.3  The spiked samples shall be shaken for several hours and 
allowed to cool to room temperature before analysis.
    9.4  The six samples of unspiked solution shall be coagulated and a 
mean styrene value shall be determined, along with the standard 
deviation, and the percent relative standard deviation.
    9.5  The six samples of the spiked solution shall be coagulated and 
the results of the analyses shall be determined using the following 
equations:

    Mr=Ms-Mu
    R=Mr/S

    where:
    Mu=Mean value of styrene in the unspiked sample
    Ms=Measured amount of styrene in the spiked sample
    Mr=Measured amount of the spiked compound
    S=Amount of styrene added to the spiked sample
    R=Fraction of spiked styrene recovered
    9.6  A value of R between 0.70 and 1.30 is acceptable.
    9.7  R is used to correct all reported results for each compound by 
dividing the measured results of each compound by the R for that 
compound for the same sample type.

                            10.0  Calibration

    10.1  Using a 10-ml volumetric pipet, quantitatively transfer 10.0 
ml of the STYRENE WORKING SOLUTION (section 7.7.2 of this method) into a 
2-oz bottle.
    10.2  Using the AMS WORKING SOLUTION equipped with the automatic 
dispensing pipet (section 7.5.3 of this method), transfer 50.0 ml of the 
internal standard solution into the 2-oz bottle.
    10.3  Cap the 2-oz bottle and swirl. This is the calibration 
standard, which contains 5000 g of styrene and 2500 g 
of AMS.
    10.4  Using the conditions prescribed (section 6.5 of this method), 
chromatograph 1 l of the calibration standard.
    10.5  Obtain the peak areas and calculate the relative response 
factor as described in the calculations section (section 12.1 of this 
method).

[[Page 1088]]

                             11.0  Procedure

    11.1  Into a tared 2-oz bottle, weigh 10.0 g of latex to the nearest 
0.1 g.
    11.2  Using the AMS WORKING SOLUTION equipped with the automatic 
dispensing pipet (section 7.5.3 of this method), transfer 50.0 ml of the 
internal standard solution into the 2-oz bottle.
    11.3  Cap the bottle. Using a mechanical shaker, shake the bottle 
for at least one minute or until coagulation of the latex is complete as 
indicated by a clear solvent.
    11.4  Using the conditions prescribed (section 6.5 of this method), 
chromatograph 1 ul of the liquor.
    11.5  Obtain the peak areas and calculate the concentration of 
styrene in the latex as described in the calculations section (Section 
12.2 of this method).

                           12.0  Calculations

    12.1  Calibration:

     RF=(Wx x Ais) / 
(Wis x Ax)

    where:
    RF=the relative response factor for styrene
    Wx=the weight (ug) of styrene
    Ais=the area of AMS
    Wis=the weight (ug) of AMS
    Ax=the area of styrene
    12.2  Procedure:

    ppmstyrene=(AxRF x Wis) / 
(Ais x Ws)

    where:
    ppmstyrene=parts per million of styrene in the latex
    Ax=the area of styrene
    RF=the response factor for styrene
    Wis=the weight (ug) of AMS
    Ais=the area of AMS
    Ws=the weight (g) of the latex sample
    12.3  Correct for recovery (R) as determined by section 9.0 of this 
method.

                             13.0  Precision

    13.1  Precision for the method was determined at the 80, 144, 590, 
and 1160 ppm levels. The standard deviations were 0.8, 1.5, 5 and 9 ppm 
respectively. The percent relative standard deviations (%RSD) were 1% or 
less at all levels. Five degrees of freedom were used for all precision 
data except at the 80 ppm level, where nine degrees of freedom were 
used. Note: These are example results and do not replace quality 
assurance procedures in this method.

                       14.0  Pollution Prevention

    14.1  Waste generation should be minimized where possible. Sample 
size should be an amount necessary to adequately run the analysis.

                         15.0  Waste Management

    15.1  Discard liquid chemical waste into the chemical waste drum.
    15.2  Discard latex sample waste into the latex waste drum.
    15.3  Discard polymer waste into the polymer waste container.

                            16.0  References

    16.1  This method is based on Goodyear Chemical Division Test Method 
E-889.

Method 312C--Determination of Residual Styrene in SBR Latex Produced by 
                         Emulsion Polymerization

                               1.0  Scope

    1.1  This method is applicable for determining the amount of 
residual styrene in SBR latex as produced in the emulsion polymerization 
process.

                        2.0  Principle of Method

    2.1  A weighed sample of latex is coagulated in 2-propanol which 
contains alpha-methyl styrene as an Internal Standard. The extract from 
the coagulation will contain the alpha-methyl styrene as the Internal 
Standard and the residual styrene from the latex. The extract is 
analyzed by a Gas Chromatograph. Percent styrene is calculated by 
relating the area of the styrene peak to the area of the Internal 
Standard peak of known concentration.

                            3.0  Definitions

    3.1  The definitions are included in the text as needed.

                           4.0  Interferences

    [Reserved]

                               5.0  Safety

    5.1  When using solvents, avoid contact with skin and eyes. Wear 
hand and eye protection. Wash thoroughly after use.
    5.2  Avoid overexposure to solvent vapors. Handle only in well 
ventilated areas.

                       6.0  Equipment and Supplies

    6.1  Gas Chromatograph--Hewlett Packard 5890, Series II with flame 
ionization detector, or equivalent.
    Column--HP 19095F-123, 30m  x  0.53mm, or equivalent. Substrate HP 
FFAP (cross-linked) film thickness 1 micrometer. Glass injector port 
liners with silanized glass wool plug.
    Integrator--HP 3396, Series II, or equivalent.
    6.2  Wrist action shaker
    6.3  Automatic dispenser
    6.4  Automatic pipet, calibrated to deliver 5.0 0.01 
grams of latex

[[Page 1089]]

    6.5  Four-ounce wide-mouth bottles with foil lined lids
    6.6  Crimp cap vials, 2ml, teflon lined septa
    6.7  Disposable pipets
    6.8  Qualitative filter paper
    6.9  Cap crimper
    6.10  Analytical balance
    6.11  10ml pipette
    6.12  Two-inch funnel

                       7.0  Reagents and Standards

    7.1  2-Propanol (HP2C grade)
    7.2  Alpha methyl styrene (99+% purity)
    7.3  Styrene (99+% purity)
    7.4  Zero air
    7.5  Hydrogen (chromatographic grade)
    7.6  Helium
    7.7  Internal Standard preparation
    7.7.1  Weigh 5.000-5.005 grams of alpha-methyl styrene into a 100ml 
volumetric flask and bring to mark with 2-propanol to make Stock ``A'' 
Solution.

    Note: Shelf life--6 months.

    7.7.2  Pipette 10ml of Stock ``A'' Solution into a 100ml volumetric 
flask and bring to mark with 2-propanol to prepare Stock ``B'' Solution.
    7.7.3  Pipette 10ml of the Stock ``B'' solution to a 1000ml 
volumetric flask and bring to the mark with 2-propanol. This will be the 
Internal Standard Solution (0.00005 grams/ml).
    7.8  Certification of Internal Standard--Each batch of Stock ``B'' 
Solution will be certified to confirm concentration.
    7.8.1  Prepare a Standard Styrene Control Solution in 2-propanol by 
the following method:
    7.8.1.1  Weigh 5.000 .005g of styrene to a 100ml 
volumetric flask and fill to mark with 2-propanol to make Styrene Stock 
``A'' Solution.
    7.8.1.2  Pipette 10ml of Styrene Stock ``A'' Solution to a 100ml 
volumetric flask and fill to mark with 2-propanol to make Styrene Stock 
``B'' Solution.
    7.8.1.3  Pipette 10ml of Styrene Stock ``B'' soluion to a 250ml 
volumtric flask and fill to mark wtih 2-propanol to make the 
Certification Solution.
    7.8.2  Certify Alpha-Methyl Styrene Stock ``B'' Solution.
    7.8.2.1  Pipette 5ml of the Certification Solution and 25ml of the 
Alpha Methyl Styrene Internal Standard Solution to a 4-oz. bottle, cap 
and shake well.
    7.8.2.2  Analyze the resulting mixture by GC using the residual 
styrene method. (11.4-11.6 of this method)
    7.8.2.3  Calculate the weight of alpha methyl styrene present in the 
25ml aliquat of the new Alpha Methyl Styrene Standard by the following 
equation:

    Wx = FxxWis(Ax/
Ais)

    Where
    Ax = Peak area of alpha methyl styrene
    Ais = Peak area of styrene
    Wx = Weight of alpha methyl styrene
    Wis = Weight of styrene (.00100)
    Fx = Analyzed response factor = 1

    The Alpha Methyl Styrene Stock Solution used to prepare the Internal 
Standard Solution may be considered certified if the weight of alpha 
methyl styrene analyzed by this method is within the range of .00121g to 
.00129g.

                              8.0  Sampling

    8.1  Collect a latex sample in a capped container. Cap the bottle 
and identify the sample as to location and time.
    8.2  Deliver sample to Laboratory for testing within one hour.
    8.3  Laboratory will test within two hours.
    8.4  No special storage conditions are required.

                          9.0  Quality Control

    9.1  The laboratory is required to operate a formal quality control 
program. This consists of an initial demonstration of the capability of 
the method as well as ongoing analysis of standards, blanks, and spiked 
samples to demonstrate continued performance.
    9.1.1  When the method is first set up, a calibration is run and the 
recovery efficiency for each type of sample must be determined.
    9.1.2  If new types of samples are being analyzed, then recovery 
efficiency for each new type of sample must be determined. New type 
includes any change, such as polymer type, physical form or a 
significant change in the composition of the matrix.
    9.2  Recovery efficiency must be determined once for each sample 
type and whenever modifications are made to the method.
    9.2.1 In determining the recovery efficiency, the quadruplet 
sampling system shall be used. Six sets of samples (for a total of 24) 
shall be taken. In each quadruplet set, half of the samples (two out of 
the four) shall be spiked with styrene.
    9.2.2 Prepare the samples as described in section 8 of this method. 
To the vials labeled ``spiked'', add a known amount of styrene that is 
expected to be present in the latex.
    9.2.3 Run the spiked and unspiked samples in the normal manner. 
Record the concentrations of styrene reported for each pair of spiked 
and unspiked samples with the same vial number.
    9.2.4 For each hydrocarbon, calculate the average recovery 
efficiency (R) using the following equation:

    R=(Rn)/12
    Where: n = sample number
    Rn=(Ms-Mu)/S
    Ms=total mass of compound (styrene) measured in spiked 
sample (g)

[[Page 1090]]

    Mu=total mass of compound (styrene) measured in unspiked 
sample (g)
    S=theoretical mass of compound (styrene) spiked into sample 
(g)
    R=fraction of spiked compound (styrene) recovered

    9.2.5  A different R value should be obtained for each sample type. 
A value of R between 0.70 and 1.30 is acceptable.
    9.2.6 R  is used to correct all reported results for each compound 
by dividing the measured results of each compound by the R for that 
compound for the same sample type.

                            10.0  Calibration

    A styrene control sample will be tested weekly to confirm the FID 
response and calibration.

    10.1  Using the Styrene Certification Solution prepared in 7.8.1, 
perform test analysis as described in 7.8.2 using the equation in 
7.8.2.3 to calculate results.
    10.2  Calculate the weight of styrene in the styrene control sample 
using the following equation:

    Wsty=(FxxAstyxWis)Ais


    The instrument can be considered calibrated if the weight of the 
styrene analyzed is within range of 0.00097--0.00103gms.

                             11.0  Procedure

    11.1  Using an auto pipet, add 25ml of Internal Standard Solution to 
a 4 oz. wide-mouth bottle.
    11.2  Using a calibrated auto pipet, add 5.0  0.01g 
latex to the bottle containing the 25ml of Internal Standard Solution.
    11.3  Cap the bottle and place on the wrist action shaker. Shake the 
sample for a minimum of five minutes using the timer on the shaker. 
Remove from shaker.
    11.4  Using a disposable pipet, fill the 2ml sample vial with the 
clear alcohol extract. (If the extract is not clear, it should be 
filtered using a funnel and filter paper.) Cap and seal the vial.
    11.5  Place the sample in the autosampler tray and start the GC and 
Integrator. The sample will be injected into the GC by the auto-
injector, and the Integrator will print the results.
    11.6  Gas Chromatograph Conditions

    Oven Temp--70  deg.C
    Injector Temp--225  deg.C
    Detector Temp--275  deg.C
    Helium Pressure--500 KPA
    Column Head Pressure--70 KPA
    Makeup Gas--30 ml/min.
    Column--HP 19095F--123, 30m x 0.53mm Substrate: HP--FFAP (cross-
linked) 1 micrometer film thickness

                           12.0  Calculations

    12.1  The integrator is programmed to do the following calculation 
at the end of the analysis:

    %ResidualStyrene=(AxXWis)/
(AisXWx)XFxX100

    Where:
    Ax=Peak area of styrene
    Ais=Peak area of internal standard
    Wx=Weight of sample = 5g
    Wis=Weight of internal std. = 0.00125g
    Fx=Analyzed response factor = 1.0

    12.2  The response factor is determined by analyzing a solution of 
0.02g of styrene and 0.02g of alpha methyl styrene in 100ml of 2-
propanol. Calculate the factor by the following equation:

    Fx=(WxxAis)/
(WisxAx)

    Where:
    Wx=Weight of styrene
    Ax=Peak area of styrene
    Wis=Weight of alpha methyl styrene
    Ais=Peak area of alpha methyl styrene

                        13.0  Method Performance

    13.1  Performance must be determined for each sample type by 
following the procedures in section 9 of this method.

                         14.0  Waste Generation

    14.1  Waste generation should be minimized where possible.

                         15.0  Waste Management

    15.1  All waste shall be handled in accordance with Federal and 
State environmental regulations.
    16.0  References
    [Reserved]

   Method 313A--Determination of Residual Hydrocarbons in Rubber Crumb

                       1.0  Scope and Application

    1.1  This method determines residual toluene and styrene in stripper 
crumb of the of the following types of rubber: polybutadiene (PBR) and 
styrene/butadiene rubber (SBR), both derived from solution 
polymerization processes that utilize toluene as the polymerization 
solvent.
    1.2  The method is applicable to a wide range of concentrations of 
toluene and styrene provided that calibration standards cover the 
desired range. It is applicable at least over the range of 0.01 to 10.0 
% residual toluene and from 0.1 to 3.0 % residual styrene. It is 
probably applicable over a wider range, but this must be verified prior 
to use.
    1.3  The method may also be applicable to other process samples as 
long as they are of a similar composition to stripper crumb. See

[[Page 1091]]

section 3.1 of this method for a description of stripper crumb.

                         2.0  Summary of Method

    2.1  The wet crumb is placed in a sealed vial and run on a headspace 
sampler which heats the vial to a specified temperature for a specific 
time and then injects a known volume of vapor into a capillary GC. The 
concentration of each component in the vapor is proportional to the 
level of that component in the crumb sample and does not depend on water 
content of the crumb.
    2.2  Identification of each component is performed by comparing the 
retention times to those of known standards.
    2.3  Results are calculated by the external standard method since 
injections are all performed in an identical manner. The response for 
each component is compared with that obtained from dosed samples of 
crumb.
    2.4  Measured results of each compound are corrected by dividing 
each by the average recovery efficiency determined for the same compound 
in the same sample type.

                            3.0  Definitions

    3.1  Stripper crumb refers to pieces of rubber resulting from the 
steam stripping of a toluene solution of the same polymer in a water 
slurry. The primary component of this will be polymer with lesser 
amounts of entrained water and residual toluene and other hydrocarbons. 
The amounts of hydrocarbons present must be such that the crumb is a 
solid material, generally less that 10 % of the dry rubber weight.

                           4.0  Interferences

    4.1  Contamination is not normally a problem since samples are 
sealed into vials immediately on sampling.
    4.2  Cross contamination in the headspace sampler should not be a 
problem if the correct sampler settings are used. This should be 
verified by running a blank sample immediately following a normal or 
high sample. Settings may be modified if necessary if this proves to be 
a problem, or a blank sample may be inserted between samples.
    4.3  Interferences may occur if volatile hydrocarbons are present 
which have retention times close to that of the components of interest. 
Since the solvent makeup of the processes involved are normally fairly 
well defined this should not be a problem. If it is found to be the 
case, switching to a different chromatographic column will probably 
resolve the situation.

                               5.0  Safety

    5.1  The chemicals specified in this method should all be handled 
according to standard laboratory practices as well as any special 
precautions that may be listed in the MSDS for that compound.
    5.2  Sampling of strippers or other process streams may involve high 
pressures and temperatures or may have the potential for exposure to 
chemical fumes. Only personnel who have been trained in the specific 
sampling procedures required for that process should perform this 
operation. An understanding of the process involved is necessary. Proper 
personal protective equipment should be worn. Any sampling devices 
should be inspected prior to use. A detailed sampling procedure which 
specifies exactly how to obtain the sample must be written and followed.

                       6.0  Equipment and Supplies

    6.1  Hewlett Packard (HP) 7694 Headspace sampler, or equivalent, 
with the following conditions:

    Times (min.): GC cycle time 6.0 , vial equilibration 30.0 , 
pressurization 0.25 , loop fill 0.25, loop equilibration 0.05 , inject 
0.25
    Temperatures (deg C): oven 70, loop 80, transfer line 90
    Pressurization gas: He @ 16 psi

    6.2  HP 5890 Series II capillary gas chromatograph, or equivalent, 
with the following conditions:

    Column: Supelco SPB-1, or equivalent, 15m  x  .25mm  x  .25 
film
    Carrier: He @ 6 psi
    Run time: 4 minutes
    Oven: 70 deg C isothermal
    Injector: 200 deg C split ratio 50:1
    Detector: FID @ 220 deg C

    6.3  HP Chemstation consisting of computer, printer and Chemstation 
software, or an equivalent chromatographic data system.
    6.4  20 ml headspace vials with caps and septa.
    6.5  Headspace vial crimper.
    6.6  Microliter pipetting syringes.
    6.7  Drying oven at 100 deg C vented into cold trap or other means 
of trapping hydrocarbons released.
    6.8  Laboratory shaker or tumbler suitable for the headspace vials.
    6.9  Personal protective equipment required for sampling the process 
such as rubber gloves and face and eye protection.

                       7.0  Reagents and Standards

    7.1  Toluene, 99.9+% purity, HPLC grade.
    7.2  Styrene, 99.9+% purity, HPLC grade.
    7.3  Dry rubber of same type as the stripper crumb samples.

            8.0  Sample Collection, Preservation and Storage

    8.1  Collect a sample of crumb in a manner appropriate for the 
process equipment being sampled.
    8.1.1  If conditions permit, this may be done by passing a stream of 
the crumb slurry

[[Page 1092]]

through a strainer, thus separating the crumb from the water. Allow the 
water to drain freely, do not attempt to squeeze any water from the 
crumb. Results will not depend on the exact water content of the 
samples. Immediately place several pieces of crumb directly into a 
headspace vial. This should be done with rubber gloves to protect the 
hands from both the heat and from contact with residual hydrocarbons. 
The vial should be between \1/4\ and \1/3\ full. Results do not depend 
on sample size as long as there is sufficient sample to reach an 
equilibrium vapor pressure in the headspace of the vial. Cap and seal 
the vial. Prepare each sample at least in duplicate. This is to minimize 
the effect of the variation that naturally occurs in the composition of 
non homogeneous crumb. The free water is not analyzed by this method and 
should be disposed of appropriately along with any unused rubber crumb.
    8.1.2  Alternatively the process can be sampled in a specially 
constructed sealed bomb which can then be transported to the laboratory. 
The bomb is then cooled to ambient temperature by applying a stream of 
running water. The bomb can then be opened and the crumb separated from 
the water and the vials filled as described in section 8.1.1 of this 
method. The bomb may be stored up to 8 hours prior to transferring the 
crumb into vials.
    8.2  The sealed headspace vials may be run immediately or may be 
stored up to 72 hours prior to running. It is possible that even longer 
storage times may be acceptable, but this must be verified for the 
particular type of sample being analyzed (see section 9.2.3 of this 
method). The main concern here is that some types of rubber eventually 
may flow, thus compacting the crumb so that the surface area is reduced. 
This may have some effect on the headspace equilibration.

                          9.0  Quality Control

    9.1  The laboratory is required to operate a formal quality control 
program. This consists of an initial demonstration of the capability of 
the method as well as ongoing analysis of standards, blanks and spiked 
samples to demonstrate continued performance.
    9.1.1  When the method is first set up a calibration is run 
(described in section 10 of this method) and an initial demonstration of 
method capability is performed (described in section 9.2 of this 
method). Also recovery efficiency for each type of sample must be 
determined (see section 9.4 of this method).
    9.1.2  It is permissible to modify this method in order to improve 
separations or make other improvements, provided that all performance 
specifications are met. Each time a modification to the method is made 
it is necessary to repeat the calibration (section 10 of this method), 
the demonstration of method performance (section 9.2 of this method) and 
the recovery efficiency for each type of sample (section 9.4 of this 
method).
    9.1.3  Ongoing performance should be monitored by running a spiked 
rubber standard. If this test fails to demonstrate that the analysis is 
in control, then corrective action must be taken. This method is 
described in section 9.3 of this method.
    9.1.4  If new types of samples are being analyzed then recovery 
efficiency for each new type of sample must be determined. New type 
includes any change, such as polymer type, physical form or a 
significant change in the composition of the matrix.
    9.2  Initial demonstration of method capability to establish the 
accuracy and precision of the method. This is to be run following the 
calibration described in section 10 of this method.
    9.2.1  Prepare a series of identical spiked rubber standards as 
described in section 9.3 of this method. A sufficient number to 
determine statistical information on the test should be run. Ten may be 
a suitable number, depending on the quality control methodology used at 
the laboratory running the tests. These are run in the same manner as 
unknown samples (see section 11 of this method).
    9.2.2  Determine mean and standard deviation for the results. Use 
these to determine the capability of the method and to calculate 
suitable control limits for the ongoing performance check which will 
utilize the same standards.
    9.2.3  Prepare several additional spiked rubber standards and run 2 
each day to determine the suitability of storage of the samples for 24, 
48 and 72 hours or longer if longer storage times are desired.
    9.3   A spiked rubber standard should be run on a regular basis to 
verify system performance. This would probably be done daily if samples 
are run daily. This is prepared in the same manner as the calibration 
standards (section 10.1 of this method), except that only one 
concentration of toluene and styrene is prepared. Choose concentrations 
of toluene and styrene that fall in the middle of the range expected in 
the stripper crumb and then do not change these unless there is a major 
change in the composition of the unknowns. If it becomes necessary to 
change the composition of this standard the initial performance 
demonstration must be repeated with the new standard (section 9.2 of 
this method).
    9.3.1  Each day prepare one spiked rubber standard to be run the 
following day. The dry rubber may be prepared in bulk and stored for any 
length of time consistent with the shelf life of the product. The 
addition of water and hydrocarbons must be performed daily and all the 
steps described under section 10.1 of this method must be followed.
    9.3.2  Run the spiked rubber standard prepared the previous day. 
Record the results

[[Page 1093]]

and plot on an appropriate control chart or other means of determining 
statistical control.
    9.3.3  If the results for the standard indicate that the test is out 
of control then corrective action must be taken. This may include a 
check on procedures, instrument settings, maintenance or recalibration. 
Samples may be stored (see section 8.2 of this method) until compliance 
is demonstrated.
    9.4  Recovery efficiency must be determined once for each sample 
type and whenever modifications are made to the method.
    9.4.1  For each sample type collect 12 samples from the process 
(section 8.1 of this method). This should be done when the process is 
operating in a normal manner and residual hydrocarbon levels are in the 
normal range. Half the vials and caps should be tared, labeled 
``spiked'' and numbered 1 through 6. The other vials are labeled 
``unspiked'' and need not be tared but are also numbered 1 through 6. 
Immediately on sampling, the vials should be capped to prevent loss of 
volatiles. Allow all the samples to cool completely to ambient 
temperature. Reweigh each of the vials labeled ``spiked'' to determine 
the weight of wet crumb inside.
    9.4.2  The dry weight of rubber present in the wet crumb is 
estimated by multiplying the weight of wet crumb by the fraction of 
nonvolatiles typical for the sample. If this is not known, an additional 
quantity of crumb may be sampled, weighed, dried in an oven and 
reweighed to determine the fraction of volatiles and nonvolatiles prior 
to starting this procedure.
    9.4.3  To the vials labeled ``spiked'' add an amount of a mixture of 
toluene and styrene that is between 40 and 60 % of the amount expected 
in the crumb. This is done by removing the cap, adding the mixture by 
syringe, touching the tip of the needle to the sample in order to remove 
the drop and then immediately recapping the vials. The mixture is not 
added through the septum, because a punctured septum may leak and vent 
vapors as the vial is heated. The weights of toluene and styrene added 
may be calculated from the volumes of the mixture added, its composition 
and density, or may be determined by the weight of the vials and caps 
prior to and after addition. The exact dry weight of rubber present and 
the concentration of residual toluene and styrene are not known at this 
time so an exact calculation of the concentration of hydrocarbons is not 
possible until the test is completed.
    9.4.4  Place all the vials onto a shaker or tumbler for 24 
 2 hours. This is essential in order for the hydrocarbons to 
be evenly distributed and completely absorbed into the rubber. If this 
is not followed the toluene and styrene will be mostly at the surface of 
the rubber and high results will be obtained.
    9.4.5  Remove the vials from the shaker and tap them so that all the 
crumb settles to the bottom of the vials. Allow them to stand for 1 hour 
prior to analysis to allow any liquid to drain fully to the bottom.
    9.4.6  Run the spiked and unspiked samples in the normal manner. 
Record the concentrations of toluene and styrene reported for each pair 
of spiked and unspiked samples with the same vial number.
    9.4.7  Open each of the vials labeled ``spiked'', remove all the 
rubber crumb and place it into a tarred drying pan. Place in a 100 deg C 
oven for two hours, cool and reweigh. Subtract the weight of the tare to 
give the dry weight of rubber in each spiked vial. Calculate the 
concentration of toluene and styrene spiked into each vial as percent of 
dry rubber weight. This will be slightly different for each vial since 
the weights of dry rubber will be different.
    9.4.8  For each hydrocarbon calculate the average recovery 
efficiency (R) using the following equations:

    R=R__ ()/6 
( 
  6 

  
)

    Where:
    Rn=(Cns--Cnu) / Sn

    Where:
    n=vial number
    Cns=concentration of compound measured in spiked sample number n.
    Cnu=concentration of compound measured in unspiked sample number n.
    Sn=theoretical concentration of compound spiked into sample n 
calculated in step 9.4.7

    9.4.9  A different R value should be obtained for each compound 
(styrene and toluene) and for each sample type.
    9.4.10  A value of R between 0.70 and 1.30 is acceptable.
    9.4.11  R is used to correct all reported results for each compound 
by dividing the measured results of each compound by the R for that 
compound for the same sample type (see section 12.2 of this method.)

                            10.0  Calibration

    10.1  Calibration standards are prepared by dosing known amounts of 
the hydrocarbons of interest into vials containing known amounts of 
rubber and water.
    10.1.1  Cut a sufficient quantity of dry rubber of the same type as 
will be analyzed into pieces about the same size as that of the crumb. 
Place these in a single layer on a piece of aluminum foil or other 
suitable surface and place into a forced air oven at 100 deg. C for four 
hours. This is to remove any residual hydrocarbons that may be present. 
This step may be performed in advance.
    10.1.2  Into each of a series of vials add 3.0 g of the dry rubber.
    10.1.3  Into each vial add 1.0 ml distilled water or an amount that 
is close to the amount that will be present in the unknowns. The exact 
amount of water present does not have much effect on the analysis,

[[Page 1094]]

but it is necessary to have a saturated environment. The water will also 
aid in the uniform distribution of the spiked hydrocarbons over the 
surface of the rubber after the vials are placed on the shaker (in step 
10.1.5 of this method).
    10.1.4  Into each vial add varying amounts of toluene and styrene by 
microliter syringe and cap the vials immediately to prevent loss. The 
tip of the needle should be carefully touched to the rubber in order to 
transfer the last drop to the rubber. Toluene and styrene may first be 
mixed together in suitable proportions and added together if desired. 
The weights of toluene and styrene added may be calculated from the 
volumes of the mixture added, its composition and density, or may be 
determined by the weight of the vials and caps prior to and after 
addition. Concentrations of added hydrocarbons are calculated as percent 
of the dry rubber weight. At least 5 standards should be prepared with 
the amounts of hydrocarbons added being calculated to cover the entire 
range possible in the unknowns. Retain two samples with no added 
hydrocarbons as blanks.
    10.1.5  Place all the vials onto a shaker or tumbler for 24 
 2 hours. This is essential in order for the hydrocarbons to 
be evenly distributed and completely absorbed into the rubber. If this 
is not followed the toluene and styrene will be mostly at the surface of 
the rubber and high results will be obtained.
    10.1.6  Remove the vials from the shaker and tap them so that all 
the crumb settles to the bottom of the vials. Allow them to stand for 1 
hour prior to analysis to allow any liquid to drain fully to the bottom.
    10.2  Run the standards and blanks in the same manner as described 
for unknowns (section 11 of this method), starting with a blank, then in 
order of increasing hydrocarbon content and ending with the other blank.
    10.3  Verify that the blanks are sufficiently free from toluene and 
styrene or any interfering hydrocarbons.
    10.3.1  It is possible that trace levels may be present even in dry 
product. If levels are high enough that they will interfere with the 
calibration then the drying procedure in section 10.1.1 of this method 
should be reviewed and modified as needed to ensure that suitable 
standards can be prepared.
    10.3.2  It is possible that the final blank is contaminated by the 
previous standard. If this is the case review and modify the sampler 
parameters as needed to eliminate this problem. If necessary it is 
possible to run blank samples between regular samples in order to reduce 
this problem, though it should not be necessary if the sampler is 
properly set up.
    10.4  Enter the amounts of toluene and styrene added to each of the 
samples (as calculated in section 10.1.4 of this method) into the 
calibration table and perform a calibration utilizing the external 
standard method of analysis.
    10.5  At low concentrations the calibration should be close to 
linear. If a wide range of levels are to be determined it may be 
desirable to apply a nonlinear calibration to get the best fit.

                             11.0  Procedure

    11.1  Place the vials in the tray of the headspace sampler. Enter 
the starting and ending positions through the console of the sampler. 
For unknown samples each is run in duplicate to minimize the effect of 
variations in crumb composition. If excessive variation is noted it may 
be desirable to run more than two of each sample.
    11.2  Make sure the correct method is loaded on the Chemstation. 
Turn on the gas flows and light the FID flame.
    11.3  Start the sequence on the Chemstation. Press the START button 
on the headspace unit. The samples will be automatically injected after 
equilibrating for 30 minutes in the oven. As each sample is completed 
the Chemstation will calculate and print out the results as percent 
toluene and styrene in the crumb based on the dry weight of rubber.

                  12.0  Data Analysis and Calculations

    12.1  For each set of duplicate samples calculate the average of the 
measured concentration of toluene and styrene. If more than two 
replicates of each sample are run calculate the average over all 
replicates.
    12.2  For each sample correct the measured amounts of toluene and 
styrene using the following equation:

    Corrected Result = Cm/R

    Where:
    Cm = Average measured concentration for that compound.
    R = Recovery efficiency for that compound in the same sample type 
(see section 9.4 of this method)

    12.3  Report the recovery efficiency (R) and the corrected results 
of toluene and styrene for each sample.

                        13.0  Method Performance

    13.1  This method can be very sensitive and reproducible. The actual 
performance depends largely on the exact nature of the samples being 
analyzed. Actual performance must be determined by each laboratory for 
each sample type.
    13.2  The main source of variation is the actual variation in the 
composition of non homogeneous crumb in a stripping system and the small 
sample sizes employed here. It therefore is the responsibility of each 
laboratory to determine the optimum number of

[[Page 1095]]

replicates of each sample required to obtain accurate results.

                       14.0  Pollution Prevention

    14.1  Samples should be kept sealed when possible in order to 
prevent evaporation of hydrocarbons.
    14.2  When drying of samples is required it should be done in an 
oven which vents into a suitable device that can trap the hydrocarbons 
released.
    14.3  Dispose of samples as described in section 15.

                         15.0  Waste Management

    15.1  Excess stripper crumb and water as well as the contents of the 
used sample vials should be properly disposed of in accordance with 
local and federal regulations.
    15.2  Preferably this will be accomplished by having a system of 
returning unused and spent samples to the process.

                            16.0  References

    16.1  ``HP 7694 Headspace Sampler--Operating and Service Manual'', 
Hewlett-Packard Company, publication number G1290-90310, June 1993.

   Method 313B--The Determination of Residual Hydrocarbon in Solution 
                Polymers by Capillary Gas Chromatography

                               1.0  Scope

    1.1  This method is applicable to solution polymerized polybutadiene 
(PBD).
    1.2  This method quantitatively determines n-hexane in wet crumb 
polymer at levels from 0.08 to 0.15% by weight.
    1.3  This method may be extended to the determination of other 
hydrocarbons in solution produced polymers with proper experimentation 
and documentation.

                        2.0  Principle of Method

    2.1  A weighed sample of polymer is dissolved in chloroform and the 
cement is coagulated with an isopropyl alcohol solution containing a 
specific amount of alpha-methyl styrene (AMS) as the internal standard. 
The extract of this coagulation is then injected into a gas 
chromatograph and separated into individual components. Quantification 
is achieved by the method of internal standardization.

                            3.0  Definitions

    3.1  The definitions are included in the text as needed.

                           4.0  Interferences

    [Reserved]

                               5.0 Safety

    5.1  This method may involve hazardous materials, operations, and 
equipment. This method does not purport to address all of the safety 
problems associated with its use. It is the responsibility of the user 
of this method to establish appropriate safety and health practices and 
determine the applicability of regulatory limitations prior to use.

                       6.0  Equipment and Supplies

    6.1  Analytical balance, 160 g capacity, 0.1 mg resolution
    6.2  Bottles, 2-oz capacity with poly-cap screw lids
    6.3  Mechanical shaker
    6.4  Syringe, 10-ul capacity
    6.5  Syringe, 2.5-ml capacity, with 22 gauge 1.25 inch needle, PP/PE 
material, disposable
    6.6  Gas chromatograph, Hewlett-Packard model 5890, or equivalent, 
configured with FID, split injector packed with silanized glass wool.
    6.6.1  Establish the following gas chromatographic conditions, and 
allow the system to thoroughly equilibrate before use.
    6.6.2  Injector parameters:

    Injection technique=Split
    Injector split flow=86 ml/min
    Injector temperature=225 deg C

    6.6.3  Oven temperature program:
    Initial temperature=40 deg C
    Initial time=6 min
    Program rate=10 deg C/min
    Upper limit temperature=175 deg C
    Upper limit interval=10 min
    6.6.4  Detector parameters:
    Detector temperature=300 deg C
    Hydrogen flow=30 ml/min
    Air flow=350 ml/min
    Nitrogen make up=26 ml/min
    6.7  Gas chromatographic columns: SE-54 (5%-phenyl) (1%-vinyl)-
methylpolysiloxane, 15 M x 0.53 mm ID with a 1.2 micron film thickness, 
and a Carbowax 20M (polyethylene glycol), 15 M x 0.53 mm ID with a 1.2 
micron film thickness.
    6.7.1  Column assembly: using a 0.53 mm ID butt connector union, 
join the 15 M x 0.53 mm SE-54 column to the 15 M x 0.53 mm Carbowax 20M. 
The SE-54 column will be inserted into the injector and the Carbowax 20M 
inserted into the detector after they have been joined.
    6.7.2  Column parameters:

    Helium flow=2.8 ml/min
    Helium headpressure=2 psig

    6.8  Centrifuge
    6.9  Data collection system, Hewlett-Packard Model 3396, or 
equivalent
    6.10  Pipet, 25-ml capacity, automatic dispensing, and 2 liter 
reservoir

[[Page 1096]]

    6.11  Pipet, 2-ml capacity, volumetric delivery, class A
    6.12  Flasks, 100 and 1000-ml capacity, volumetric, class A
    6.13  Vial, serum, 50-ml capacity, red rubber septa and crimp ring 
seals
    6.14  Sample collection basket fabricated out of wire mesh to allow 
for drainage

                       7.0  Chemicals and Reagents

    CHEMICALS:
    7.1  alpha-Methyl Styrene, C9H10, 99+% purity, CAS 98-83-9
    7.2  n-Hexane, C6H14, 99+% purity, CAS 110-54-3
    7.3  Isopropyl alcohol, C3H8O 99.5+% purity, reagent grade, CAS 67-
63-0
    7.4  Chloroform, CHCl3, 99% min., CAS 67-66-3
    REAGENTS:
    7.5  Internal Standard Stock Solution: 10 mg/25 ml AMS in isopropyl 
alcohol.
    7.5.1  Into a 25-ml beaker, weigh 0.4 g of AMS to the nearest 0.1 
mg.
    7.5.2  Quantitatively transfer this AMS into a 1-L volumetric flask. 
Dilute to the mark with isopropyl alcohol.
    7.5.3  Transfer this solution to the automatic dispensing pipet 
reservoir. This will be labeled the AMS STOCK SOLUTION.
    7.6  n-Hexane Stock Solution: 13mg/2ml hexane in isopropyl alcohol.
    7.6.1  Into a 100-ml volumetric flask, weigh 0.65 g of n-hexane to 
the nearest 0.1 mg.
    7.6.2  Dilute to the mark with isopropyl alcohol. This solution will 
be labeled the n-HEXANE STOCK SOLUTION.

            8.0  Sample Collection, Preservation and Storage

    8.1  A sampling device similar to Figure 1 is used to collect a non-
vented crumb rubber sample at a location that is after the stripping 
operation but before the sample is exposed to the atmosphere.
    8.2  The crumb rubber is allowed to cool before opening the sampling 
device and removing the sample.
    8.3  The sampling device is opened and the crumb rubber sample is 
collected in the sampling basket.
    8.4  One pound of crumb rubber sample is placed into a polyethylene 
bag. The bag is labeled with the time, date and sample location.
    8.5  The sample should be delivered to the laboratory for testing 
within one hour of sampling.
    8.6  Laboratory testing will be done within 3 hours of the sampling 
time.
    8.7  No special storage conditions are required unless the storage 
time exceeds 3 hours in which case refrigeration of the samples is 
recommended.

                          9.0  Quality Control

    9.1  For each sample type, 12 samples shall be obtained from the 
process for the recovery study. Half of the vials and caps shall be 
tared, labeled ``spiked'', and numbered 1 through 6. The other vials 
shall be labeled ``unspiked'' and need not be tared, but are also 
numbered 1 through 6.
    9.2  Determine the % moisture content of the crumb sample. After 
determining the % moisture content, the correction factor for 
calculating the dry crumb weight can be determined by using the equation 
in section 12.2 of this method.
    9.3  Run the spiked and unspiked samples in the normal manner. 
Record the concentrations of the n-hexane content of the mixed hexane 
reported for each pair of spiked and unspiked samples.
    9.4  For the recovery study, each sample of crumb shall be dissolved 
in chloroform containing a known amount of mixed hexane solvent.
    9.5  For each hydrocarbon, calculate the recovery efficiency (R) 
using the following equations:

    Mr=Ms-Mu
    R=Mr/S

    Where:
    Mu=Measured amount of compound in the unspiked sample
    Ms=Measured amount of compound in the spiked sample
    Mr=Measured amount of the spiked compound
    S=Amount of compound added to the spiked sample
    R=Fraction of spiked compound recovered

    9.6  Normally a value of R between 0.70 and 1.30 is acceptable.
    9.7  R is used to correct all reported results for each compound by 
dividing the measured results of each compound by the R for that 
compound for the same sample type.

                            10.0  Calibration

    10.1  Using the AMS STOCK SOLUTION equipped with the automatic 
dispensing pipet (7.5.3 of this method), transfer 25.0 ml of the 
internal standard solution into an uncapped 50-ml serum vial.
    10.2  Using a 2.0 ml volumetric pipet, quantitatively transfer 2.0 
ml of the n-HEXANE STOCK SOLUTION (7.6.2 of this method) into the 50-ml 
serum vial and cap. This solution will be labeled the CALIBRATION 
SOLUTION.
    10.3  Using the conditions prescribed (6.6 of this method), inject 1 
l of the supernate.
    10.4  Obtain the peak areas and calculate the response factor as 
described in the calculations section (12.1 of this method).

[[Page 1097]]

                             11.0  Procedure

    11.1  Determination of Dry Polymer Weight
    11.1.1  Remove wet crumb from the polyethylene bag and place on 
paper towels to absorb excess surface moisture.
    11.1.2  Cut small slices or cubes from the center of the crumb 
sample to improve sample uniformity and further eliminate surface 
moisture.
    11.1.3  A suitable gravimetric measurement should be made on a 
sample of this wet crumb to determine the correction factor needed to 
calculate the dry polymer weight.
    11.2  Determination of n-Hexane in Wet Crumb
    11.2.1  Remove wet crumb from the polyethylene bag and place on 
paper towels to absorb excess surface moisture.
    11.2.2  Cut small slices or cubes from the center of the crumb 
sample to improve sample uniformity and further eliminate surface 
moisture.
    11.2.3  Into a tared 2 oz bottle, weigh 1.5 g of wet polymer to the 
nearest 0.1 mg.
    11.2.4  Add 25 ml of chloroform to the 2 oz bottle and cap.
    11.2.5   Using a mechanical shaker, shake the bottle until the 
polymer dissolves.
    11.2.6  Using the autodispensing pipet, add 25.0 ml of the AMS STOCK 
SOLUTION (7.5.3 of this method) to the dissolved polymer solution and 
cap.
    11.2.7  Using a mechanical shaker, shake the bottle for 10 minutes 
to coagulate the dissolved polymer.
    11.2.8  Centrifuge the sample for 3 minutes at 2000 rpm.
    11.2.9  Using the conditions prescribed (6.6 of this method), 
chromatograph 1 l of the supernate.
    11.2.10  Obtain the peak areas and calculate the concentration of 
the component of interest as described in the calculations (12.2 of this 
method).

                           12.0  Calculations

    12.1  Calibration:

    RFx=(Wx  x  Ais) / (Wis 
x  Ax)

    Where:
    RFx=the relative response factor for n-hexane
    Wx=the weight (g) of n-hexane in the CALIBRATION
    SOLUTION
    Ais=the area of AMS
    Wis=the weight (g) of AMS in the CALIBRATION SOLUTION
    Ax=the area of n-hexane
    12.2  Procedure:
    12.2.1  Correction Factor for calculating dry crumb weight.

    F=1--(% moisture / 100)

    Where:
    F=Correction factor for calculating dry crumb weight
    % moisture determined by appropriate method

    12.2.2  Moisture adjustment for chromatographic determination.

    Ws=F  x  Wc

    Where:
    Ws=the weight (g) of the dry polymer corrected for 
moisture
    F=Correction factor for calculating dry crumb weight
    Wc=the weight (g) of the wet crumb in section 9.6

    12.2.3  Concentration (ppm) of hexane in the wet crumb.

    ppmx=(Ax * RFx * Wis * 
10000) / (Ais * Ws)

    Where:
    ppmx=parts per million of n-hexane in the polymer
    Ax=the area of n-hexane
    RFx=the relative response factor for n-hexane
    Wis=the weight (g) of AMS in the sample solution
    Ais=the area of AMS
    Ws=the weight (g) of the dry polymer corrected for 
moisture

                        13.0  Method Performance

    13.1  Precision for the method was determined at the 0.08% level.

    The standard deviation was 0.01 and the percent relative standard 
deviation (RSD) was 16.3 % with five degrees of freedom.

                         14.0  Waste Generation

    14.1  Waste generation should be minimized where possible.

                         15.0  Waste Management

    15.1  Discard liquid chemical waste into the chemical waste drum.
    15.2  Discard polymer waste into the polymer waste container.

                            16.0  References

    16.1  This method is based on Goodyear Chemical Division Test Method 
E-964.

[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; 62 FR 2793, Jan. 17, 1997; 62 FR 12549, Mar. 
17, 1997]

[[Page 1098]]

  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.
    The forms presented in this appendix are designed to address uniform 
well-mixed or completely mixed systems. Uniform well-mixed or completely 
mixed systems are biological treatment activated sludge systems where 
measurements of parameters that indicate performance, e.g., MLVSS, 
organic compound concentration, and dissolved oxygen, are consistent 
throughout the system. Systems that are not uniform well-mixed systems 
should be subdivided into a series of zones that have uniform 
characteristics within each zone.
    The number of zones required to characterize a biological treatment 
system will depend on the design and operation of the treatment system. 
The number of zones could vary from one in a well-mixed conventional 
activated sludge tank to numerous zones in a large surface-aerated 
impoundment system. Each zone should then be modeled as a separate unit. 
The amount of air emissions and biodegradation from the modeling of 
these separate zones can then be added to reflect the entire system.

                             II. Definitions

    Biological treatment unit = wastewater treatment unit designed and 
operated to promote the growth of bacteria 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.
K1 = First order biodegradation rate constant, L/g MLVSS-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 four procedures may 
be used to determine fbio:
    (1) EPA Test Method 304A or 304B (appendix A, 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,
    (4) Batch Tests.
    All procedures must be executed so that the resulting 
Fbio is 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 test, any of the four procedures may be chosen. If the collection 
system and

[[Page 1099]]

waste management units are not in compliance at the time of the 
performance test, then only Method 304A, 304B, or the Batch Test shall 
be chosen. If Method 304A, 304B, or the Batch Test is used, any 
anticipated changes to the influent of the full-scale biological 
treatment unit that will occur after the facility has enclosed the 
collection system must be represented in the influent feed to the 
benchtop bioreactor unit, or test unit.
    Select one or more appropriate procedures from the four listed above 
based on the availability of site specific data. If the facility does 
not have site-specific data on the removal efficiency of its biological 
treatment unit, then Procedure 1 or Procedure 4 may be used. Procedure 1 
allows the use of a benchtop bioreactor to determine the first-order 
biodegradation rate constant. For compounds that represent a small 
proportion of the mass of the regulated compounds in the wastewater, an 
owner or operator may elect to assume the first order biodegradation 
constant is zero. Procedure 4 explains two types of batch tests which 
may be used to estimate the first order biodegradation rate constant. 
For compounds that represent a small proportion of the mass of the 
regulated compounds in the wastewater, an owner or operator may elect to 
assume the first order biodegradation constant is zero. 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 treatment unit. Procedure 3 may only be used on a uniform 
well-mixed or completely mixed system. Procedure 2 is used if a facility 
has or obtains 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 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 A 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 the full-scale biological treatment unit 
is run establish the operating parameters of Method 304A or 304B. If the 
biological treatment unit is operated under abnormal operating 
conditions (conditions outside the range of critical parameters examined 
and confirmed in the laboratory), the EPA believes this will adversely 
affect the biodegradation rate and is an unacceptable treatment option. 
The facility would be making multiple runs of the test method to 
simulate the 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 ranges 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

[[Page 1100]]

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. 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. In addition, the Bay Area 
Sewage Toxics Emission (BASTE) model version 3.0 or equivalent upgrade 
and the TOXCHEM (Environment Canada's Wastewater Technology Centre and 
Environmega, Ltd.) model version 1.10 or equivalent upgrade may also be 
used to determine KL for the biological treatment unit 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 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. This procedure may only be used on a 
uniform well-mixed or completely mixed system. 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. 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 for the biological treatment unit, 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.

                      D. Batch Tests (Procedure 4)

    Two types of batch tests which may be used to determine kinetic 
parameters are: (1) The aerated reactor test and (2) the sealed reactor 
test. The aerated reactor test is also known as the BOX test (batch test 
with oxygen addition). The sealed reactor test is also known as the 
serum bottle test. These batch tests should be conducted only by persons 
familiar with procedures for determining biodegradation kinetics. 
Detailed discussions of batch procedures for determining biodegradation 
kinetic parameters can be found in references 1-4.
    For both batch test approaches, a biomass sample from the activated 
sludge unit of interest is collected, aerated, and stored for no more 
than 4 hours prior to testing. To collect sufficient data when 
biodegradation is rapid, it may be necessary to dilute the biomass 
sample. If the sample is to be diluted, the biomass sample shall be 
diluted using treated effluent from the activated sludge unit of 
interest to a concentration such that the biodegradation test will last 
long enough to make at least six concentration measurements. It is 
recommended that the tests not be terminated until the compound 
concentration falls below the limit of quantitation (LOQ). Measurements 
that are below the LOQ should not be used in the data analysis. Biomass 
concentrations shall be determined using standard methods for 
measurement of mixed liquor volatile suspended solids (MLVSS) (reference 
5).
    The change in concentration of a test compound may be monitored by 
either measuring the concentration in the liquid or in the reactor 
headspace. The analytical technique chosen for the test should be as 
sensitive as possible. For the batch test procedures described in this 
section, equilibrium conditions must exist between the liquid and gas 
phases of the experiments because the data analysis procedures are based 
on this premise. To use the headspace sampling approach, the reactor 
headspace must be in equilibrium with the liquid so that the headspace 
concentrations can be correlated with the liquid concentrations. Before 
the

[[Page 1101]]

biodegradation testing is conducted, the equilibrium assumption must be 
verified. A discussion of the equilibrium assumption verification is 
given below in sections D.1 and D.2 since different approaches are 
required for the two types of batch tests.
    To determine biodegradation kinetic parameters in a batch test, it 
is important to choose an appropriate initial substrate (compound(s) of 
interest) concentration for the test. The outcome of the batch 
experiment may be influenced by the initial substrate (SO) to 
biomass (XO) ratio (see references 3, 4, and 6). This ratio 
is typically measured in chemical oxygen demand (COD) units. When the 
SO/XO ratio is low, cell multiplication and growth 
in the batch test is negligible and the kinetics measured by the test 
are representative of the kinetics in the activated sludge unit of 
interest. The SO/XO ratio for a batch test is 
determined with the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.034

Where:

SO/XO=initial substrate to biomass ratio on a COD 
          basis
Si=initial substrate concentration in COD units (g COD/L)
X=biomass concentration in the batch test (g MLVSS/L)
1.42 = Conversion factor to convert to COD units

    For the batch tests described in this section, the SO/
XO ratio (on a COD basis) must be initially less than 0.5.
    1. Aerated Reactor Test. An aerated draft tube reactor may be used 
for the biokinetics testing (as an example see Figure 2 of appendix C). 
Other aerated reactor configurations may also be used. Air is bubbled 
through a porous frit at a rate sufficient to aerate and keep the 
reactor uniformly mixed. Aeration rates typically vary from 50 to 200 
ml/min for a 1 liter system. A mass flow rate controller is used to 
carefully control the air flow rate because it is important to have an 
accurate measure of this rate. The dissolved oxygen (DO) concentration 
in the system must not fall below 2 mg/liter so that the biodegradation 
observed will not be DO-limited. Once the air flow rate is established, 
the test mixture (or compound) of interest is then injected into the 
reactor and the concentration of the compound(s) is monitored over time. 
Concentrations may be monitored in the liquid or in the headspace. A 
minimum of six samples shall be taken over the period of the test. 
However, it is necessary to collect samples until the compound 
concentration falls below the LOQ. If liquid samples are collected, they 
must be small enough such that the liquid volume in the batch reactor 
does not change by more than 10%.
     Before conducting experiments with biomass, it is necessary to 
verify the equilibrium assumption. The equilibrium assumption can be 
verified by conducting a stripping experiment using the effluent (no 
biomass) from the activated sludge unit of interest. Effluent is 
filtered with a 0.45 um or smaller filter and placed in the draft tube 
reactor. Air is sparged into the system and the compound concentration 
in the liquid or headspace is monitored over time. This test with no 
biomass may provide an estimate of the Henry's law constant. If the 
system is at equilibrium, the Henry's law constant may be estimated with 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.035

Where:

C=cencentration at time, t (min)
CO=concentration at t=0
G=volumetric gas flow rate (ml/min)
V=liquid volume in the batch reactor (ml)
Keq=Henry's law constant (mg/L-gas)/(mg/L-liquid)
t=time (min)

    A plot of--ln(C/Co) as a function of t will have a slope 
equal to GKeq/V. The equilibrium assumption can be verified 
by comparing the experimentally determined Keq for the system 
to literature values of the Henry's Law constant (including those listed 
in this appendix). If Keq does not match the Henry's law 
constant, Keq shall be determined from analysis of the 
headspace and liquid concentration in a batch system.
    The concentration of a compound decreases in the bioreactor due to 
both biodegradation and stripping. Biodegradation processes are 
typically described with a Monod model. This model and a stripping 
expression are combined to give a mass balance for the aerated draft 
tube reactor ):

[[Page 1102]]

[GRAPHIC] [TIFF OMITTED] TR17JA97.036


Where:

s=test compound concentration, mg/liter
G=volumetric gas flow rate, liters/hr
Keq=Henry's Law constant measured in the system, (mg/liter 
          gas)/(mg/liter liquid)
V=volume of liquid in the reactor, liters
X=biomass concentration (g MLVSS/liter)
Qm=maximum rate of substrate removal, mg/g MLVSS/hr
KS=Monod biorate constant at half the maximum rate, mg/liter

    Equation App.C-3 has the analytical solution:
    [GRAPHIC] [TIFF OMITTED] TR17JA97.037
    
Where:

A=GKeqKS+QmVX
B=GKeq
SO=test compound concentration at t=0

    This equation is used along with the substrate concentration versus 
time data to determine the best fit parameters (Qm and 
KS) to describe the biodegradation process in the aerated 
reactor. If the aerated reactor test is used, the following procedure is 
used to analyze the data. Evaluate Keq for the compound of 
interest with Form XI. The concentration in the vented headspace or 
liquid is measured as a function of time and the data is entered on Form 
XI. A plot is made from the data and attached to the Form XI. 
Keq is calculated on Form XI and the results are contrasted 
with the expected value of Henry's law obtained from Form IX. If the 
comparison is satisfactory, the stripping constant is calculated from 
Keq, completing Form XI. The values of Keq may 
differ because the theoretical value of Keq may not be 
applicable to the system of interest. If the comparison of the 
calculated Keq from the form and the expected value of 
Henry's law is unsatisfactory, Form X can alternatively be used to 
validate Keq. If the aerated reactor is demonstrated to not 
be at equilibrium, either modify the reactor design and/or operation, or 
use another type of batch test.
    The compound-specific biorate constants are then measured using Form 
XII. The stripping constant that was determined from Form XI and a 
headspace correction factor of 1 are entered on Form XII. The aerated 
reactor biotest may then be run, measuring concentrations of each 
compound of interest as a function of time. If headspace concentrations 
are measured instead of liquid concentrations, then the corresponding 
liquid concentrations are calculated from the headspace measurements 
using the Keq determined on Form XI and entered on Form XII.
    The concentration data on Form XII may contain scatter that can 
adversely influence the data interpretation. It is possible to curve fit 
the concentration data and enter the concentrations on the fitted curve 
instead of the actual data. If curve fitting is used, the curve-fitting 
procedure must be based upon the Equation App. C-4. When curve fitting 
is used, it is necessary to attach a plot of the actual data and the 
fitted curve to Form XII.
    If the stripping rate constant is relatively large when compared to 
the biorate at low concentrations, it may be difficult to obtain 
accurate evaluations of the first-order biorate constant. In these 
cases, either reducing the stripping rate constant by lowering the 
aeration rate, or increasing the biomass concentrations should be 
considered.
    The final result of the batch testing is the measurement of a 
biorate that can be used to estimate the fraction biodegraded, 
fbio. The number transferred to Form III is obtained from 
Form XII, line 9.
    2. Sealed Reactor Test. This test uses a closed system to prevent 
losses of the test compound by volatilization. This test may be 
conducted using a serum bottle or a sealed draft tube reactor (for an 
example see Figure 3 of appendix C). Since no air is supplied, it is 
necessary to ensure that sufficient oxygen is present in the system. The 
DO concentration in the system must not fall below 2 mg/liter so that 
the biodegradation observed will not be DO-limited. As an alternative, 
oxygen may be supplied by electrolysis as needed to maintain the DO 
concentration above 2 mg/liter. The reactor contents must be uniformly 
mixed, by stirring

[[Page 1103]]

or agitation using a shaker or similar apparatus. The test mixture (or 
compound) of interest is injected into the reactor and the concentration 
is monitored over time. A minimum of six samples shall be taken over the 
period of the test. However, it is necessary to monitor the 
concentration until it falls below the LOQ.
    The equilibrium assumption must be verified for the batch reactor 
system. In this case, Keq may be determined by simultaneously 
measuring gas and liquid phase concentrations at different times within 
a given experiment. A constant ratio of gas/liquid concentrations 
indicates that equilibrium conditions are present and Keq is 
not a function of concentration. This ratio is then taken as the 
Keq for the specific compound in the test. It is not 
necessary to measure Keq for each experiment. If the ratio is 
not constant, the equilibrium assumption is not valid and it is 
necessary to (1) increase mixing energy for the system and retest for 
the equilibrium assumption, or (2) use a different type of test (for 
example, a collapsible volume reactor).
    The concentration of a compound decreases in the bioreactor due to 
biodegradation according to Equation App. C-5:
[GRAPHIC] [TIFF OMITTED] TR17JA97.038

Where:

s=test compound concentration (mg/liters)
Vl=the average liquid volume in the reactor (liters)
Vg=the average gas volume in the reactor (liters)
Qm=maximum rate of substrate removal (mg/g MLVSS/hr)
Keq=Henry's Law constant determined for the test, (mg/liter 
          gas)/(mg/liter liquid)
Ks=Monod biorate constant at one-half the maximum rate (mg/
          liter)
t=time (hours)
X=biomass concentration (g MLVSS/liter )
so=test compound concentration at time t=0

    Equation App. C-5 can be solved analytically to give:
    [GRAPHIC] [TIFF OMITTED] TR17JA97.039
    
    This equation is used along with the substrate concentration versus 
time data to determine the best fit parameters (Qm and 
Ks) to describe the biodegradation process in the sealed 
reactor.
    If the sealed reactor test is used, Form X is used to determine the 
headspace correction factor. The disappearance of a compound in the 
sealed reactor test is slowed because a fraction of the compound is not 
available for biodegradation because it is present in the headspace. If 
the compound is almost entirely in the liquid phase, the headspace 
correction factor is approximately one. If the headspace correction 
factor is substantially less than one, improved mass transfer or reduced 
headspace may improve the accuracy of the sealed reactor test. A 
preliminary sealed reactor test must be conducted to test the 
equilibrium assumption. As the compound of interest is degraded, 
simultaneous headspace and liquid samples should be collected and Form X 
should be used to evaluate Keq. The ratio of headspace to 
liquid concentrations must be constant in order to confirm that 
equilibrium conditions exist. If equilibrium conditions are not present, 
additional mixing or an alternate reactor configuration may be required.
    The compound-specific biorate constants are then calculated using 
Form XII. For the sealed reactor test, a stripping rate constant of zero 
and the headspace correction factor that was determined from Form X are 
entered on Form XII. The sealed reactor test may then be run, measuring 
the concentrations of each compound of interest as a function of time. 
If headspace concentrations are measured instead of liquid 
concentrations, then the corresponding liquid concentrations are 
calculated from the headspace measurements using Keq from 
Form X and entered on Form XII.
    The concentration data on Form XII may contain scatter that can 
adversely influence the data interpretation. It is possible to

[[Page 1104]]

curve fit the concentration data and enter the concentrations on the 
fitted curve instead of the actual data. If curve fitting is used, the 
curve-fitting procedure must be based upon Equation App. C-6. When curve 
fitting is used, it is necessary to attach a plot of the actual data and 
the fitted curve to Form XII.
    If a sealed collapsible reactor is used that has no headspace, the 
headspace correction factor will equal 1, but the stripping rate 
constant may not equal 0 due to diffusion losses through the reactor 
wall. The ratio of the rate of loss of compound to the concentration of 
the compound in the reactor (units of per hour) must be evaluated. This 
loss ratio has the same units as the stripping rate constant and may be 
entered as the stripping rate constant on line 1 of Form XII.
    If the loss due to diffusion through the walls of the collapsible 
reactor is relatively large when compared to the biorate at low 
concentrations, it may be difficult to obtain accurate evaluations of 
the first-order biorate constant. In these cases, either replacing the 
materials used to construct the reactor with materials of low 
permeability or increasing the biomass concentration should be 
considered.
    The final result of the batch testing is the measurement of a 
biorate that can be used to estimate the fraction biodegraded, 
fbio. The number transferred to Form III is obtained from 
Form XII, line 9.
    The number on Form XII line 9 will equal the Monod first-order 
biorate constant if the full-scale system is operated in the first-order 
range. If the full-scale system is operated at concentrations above that 
of the Monod first-order range, the value of the number on line 9 will 
be somewhat lower than the Monod first-order biorate constant. With 
supporting biorate data, the Monod model used in Form XII may be used to 
estimate the effective biorate constant K1 for use in Form III.
    If a reactor with headspace is used, analysis of the data using 
equation App. C-6 is valid only if Vl and Vg do 
not change more than 10% (i.e., they can be approximated as constant for 
the duration of the test). Since biodegradation is occurring only in the 
liquid, as the liquid concentration decreases it is necessary for mass 
to transfer from the gas to the liquid phase. This may require vigorous 
mixing and/or reducing the volume in the headspace of the reactor.
    If there is no headspace (e.g., a collapsible reactor), equation 
App. C-6 is independent of V1 and there are no restrictions 
on the liquid volume. If a membrane or bag is used as the collapsible-
volume reactor, it may be important to monitor for diffusion losses in 
the system. To determine if there are losses, the bag should be used 
without biomass and spiked with the compound(s) of interest. The 
concentration of the compound(s) in the reactor should be monitored over 
time. The data are analyzed as described above for the sealed reactor 
test.
    3. Quality Control/Quality Assurance (QA/QC). A QA/QC plan outlining 
the procedures used to determine the biodegradation rate constants shall 
be prepared and a copy maintained at the source. The plan should 
include, but may not be limited to:
    1. A description of the apparatus used (e.g., size, volume, method 
of supplying air or oxygen, mixing, and sampling procedures) including a 
simplified schematic drawing.
    2. A description of how biomass was sampled from the activated 
sludge unit.
    3. A description of how biomass was held prior to testing (age, 
etc.).
    4. A description of what conditions (DO, gas-liquid equilibrium, 
temperature, etc.) are important, what the target values are, how the 
factors were controlled, and how well they were controlled.
    5. A description of how the experiment was conducted, including 
preparation of solutions, dilution procedures, sampling procedures, 
monitoring of conditions, etc.
    6. A description of the analytical instrumentation used, how the 
instruments were calibrated, and a summary of the precision for that 
equipment.
    7. A description of the analytical procedures used. If appropriate, 
reference to an ASTM, EPA or other procedure may be used. Otherwise, 
describe how the procedure is done, what is done to measure precision, 
accuracy, recovery, etc., as appropriate.
    8. A description of how data are captured, recorded, and stored.
    9. A description of the equations used and their solutions, 
including a reference to any software used for calculations and/or 
curve-fitting.

                      IV. Calculation of Fbio

    At this point, the individual fbios 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.

[[Page 1105]]

[GRAPHIC] [TIFF OMITTED] TR17JA97.040


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.

                               References

    1. Rajagopalan, S. et al. ``Comparison of Methods for Determining 
Biodegradation Kinetics of Volatile Organic Compounds.'' Proceedings of 
Water Environment Federation. 67th Annual Conference, October 15-19, 
1994.
    2. Ellis, T.G. et al. ``Determination of Toxic Organic Chemical 
Biodegradation Kinetics Using Novel Respirometric Technique''. 
Proceedings Water Environment Federation, 67th Annual Conference, 
October 15-19, 1994.
    3. Pitter, P. and J. Chudoba. Biodegradability of Organic Substances 
in the Aquatic Environment. CRC Press, Boca Raton, FL. 1990.
    4. Grady, C.P.L., B. Smets, and D. Barbeau. Variability in kinetic 
parameter estimates: A review of possible causes and a proposed 
terminology. Wat. Res. 30 (3), 742-748, 1996.
    5. Eaton, A.D., et al. eds., Standard Methods for the Examination of 
Water and Wastewater, 19th Edition, American Public Health Association, 
Washington, DC, 1995.
    6. Chudoba P., B. Capdeville, and J. Chudoba. Explanation of 
biological meaning of the So/Xo ratio in batch cultivation. Wat. Sci. 
Tech. 26 (3/4), 743-751, 1992.

                                 Table I                                
------------------------------------------------------------------------
                                   HL @ 25 deg.C (atm/    HL @ 100 deg.C
            Compound                   mole frac)        (atm/mole frac)
------------------------------------------------------------------------
1  Acetaldehyde................  4.87e+00                5.64e+01       
3  Acetonitrile................  1.11e+00                1.78e+01       
4  Acetophenone................  5.09e-01                2.25e+01       
5  Acrolein....................  4.57e+00                6.61e+01       
8  Acrylonitrile...............  5.45e+00                6.67e+01       
9  Allyl chloride..............  5.15e+02                2.26e+03       
10  Aniline....................  9.78e-02                1.42e+00       
12  Benzene....................  3.08e+02                1.93e+03       
14  Benzyl chloride............  1.77e+01                2.88e+02       
15  Biphenyl...................  2.27e+01                1.27e+03       
17  Bromoform..................  2.96e+01                3.98e+02       
18  1,3-Butadiene..............  3.96e+03                1.56e+04       
20  Carbon disulfide...........  1.06e+03                3.60e+03       
21  Carbon tetrachloride.......  1.68e+03                1.69e+04       
23  2-Chloroacetophenone.......  4.84e-02                1.43e+01       
24  Chlorobenzene..............  2.09e+02                3.12e+03       
25  Chloroform.................  2.21e+02                1.34e+03       
26  Chloroprene................  5.16e+01                1.74e+02       
29  o-Cresol...................  9.12e-02                2.44e+01       
31  Cumene.....................  7.28e+02                7.15e+03       
32  1,4-Dichlorobenzene(p).....  1.76e+02                1.95e+03       
33  Dichloroethyl ether........  1.14e+00                3.57e+01       
34  1,3-Dichloropropene........  1.97e+02                1.44e+03       
36  N,N-Dimethylaniline........  7.70e-01                5.67e+02       
37  Diethyl sulfate............  3.41e-01                4.22e+01       
38  3,3'-Dimethylbenzidine.....  7.51e-05                5.09e-01       
40  1,1-Dimethylhydrazine......  9.11e-02                1.57e+01       
42  Dimethyl sulfate...........  2.23e-01                1.43e+01       
43  2,4-Dinitrophenol..........  2.84e-01                1.50e+02       
44  2,4-Dinitrotoluene.........  4.00e-01                9.62e+00       
45  1,4-Dioxane................  3.08e-01                9.53e+00       
47  Epichlorohydrin............  1.86e+00                4.34e+01       
48  Ethyl acrylate.............  1.41e+01                3.01e+02       
49  Ethylbenzene...............  4.38e+02                4.27e+03       
50  Ethyl chloride               6.72e+02                3.10e+03       
 (chloroethane).                                                        

[[Page 1106]]

                                                                        
51  Ethylene dibromide.........  3.61e+01                5.15e+02       
52  Ethylene dichloride (1,2-    6.54e+01                5.06e+02       
 Dichloroethane).                                                       
54  Ethylene oxide.............  1.32e+01                9.09e+01       
55  Ethylidene dichloride (1,1-  3.12e+02                2.92e+03       
 Dichloroethane).                                                       
57  Ethylene glycol dimethyl     1.95e+00                4.12e+01       
 ether.                                                                 
60  Ethylene glycol monoethyl    9.86e-02                6.03e+00       
 ether acetate.                                                         
62  Ethylene glycol monomethyl   1.22e-01                6.93e+00       
 ether acetate.                                                         
64  Diethylene glycol dimethyl   8.38e-02                4.69e+00       
 ether.                                                                 
69  Diethylene glycol diethyl    1.19e-01                7.71e+00       
 ether.                                                                 
72  Ethylene glycol monobutyl    2.75e-01                2.50e+01       
 ether acetate.                                                         
73  Hexachlorobenzene..........  9.45e+01                2.57e+04       
74  Hexachlorobutadiene........  5.72e+02                6.92e+03       
75  Hexachloroethane...........  4.64e+02                7.49e+04       
76  Hexane.....................  4.27e+04                9.44e+04       
78  Isophorone.................  3.68e-01                1.68e+01       
80  Methanol...................  2.89e-01                7.73e+00       
81  Methyl bromide               3.81e+02                2.12e+03       
 (Bromomethane).                                                        
82  Methyl chloride              4.90e+02                2.84e+03       
 (Chloromethane).                                                       
83  Methyl chloroform (1,1,1-    9.67e+02                5.73e+03       
 Trichloroethane).                                                      
84  Methyl ethyl ketone (2-      7.22e+00                5.92e+01       
 Butanone).                                                             
86  Methyl isobutyl ketone       2.17e+01                3.72e+02       
 (Hexone).                                                              
88  Methyl methacrylate........  7.83e+00                9.15e+01       
89  Methyl tert-butyl ether....  3.08e+01                2.67e+02       
90  Methylene chloride           1.64e+02                9.15e+02       
 (Dichloromethane).                                                     
93  Naphthalene................  2.68e+01                7.10e+02       
94  Nitrobenzene...............  1.33e+00                2.80e+01       
96  2-Nitropropane.............  6.61e+00                8.76e+01       
99  Phosgene...................  7.80e+02                3.51e+03       
102  Propionaldehyde...........  3.32e+00                1.42e+02       
103  Propylene dichloride......  1.59e+02                1.27e+03       
104  Propylene oxide...........  1.98e+01                1.84e+02       
106  Styrene...................  1.45e+02                1.72e+03       
107  1,1,2,2-Tetrachloroethane.  1.39e+01                1.99e+02       
108  Tetrachloroethylene         9.83e+02                1.84e+04       
 (Perchloroethylene).                                                   
109  Toluene...................  3.57e+02                2.10e+03       
112  o-Toluidine...............  1.34e-01                1.15e+01       
113  1,2,4-Trichlorobenzene....  1.07e+02                1.04e+03       
114  1,1,2-Trichloroethane.....  4.58e+01                5.86e+02       
115  Trichloroethylene.........  5.67e+02                7.66e+03       
116  2,4,5-Trichlorophenol.....  4.84e-01                6.27e+01       
117  Triethylamine.............  6.94e+00                2.57e+02       
118  2,2,4-Trimethylpentane....  1.85e+05                9.74e+05       
119  Vinyl acetate.............  2.82e+01                2.80e+02       
120  Vinyl chloride............  1.47e+03                6.45e+03       
121  Vinylidene chloride (1,1-   1.44e+03                1.40e+04       
 Dichloroethylene).                                                     
123  m-Xylene..................  4.13e+02                3.25e+03       
124  o-Xylene..................  2.71e+02                2.55e+03       
125  p-Xylene..................  4.13e+02                3.20e+03       
------------------------------------------------------------------------


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[[Page 1128]]

[62 FR 2801, Jan. 17, 1997]

 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 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.

[[Page 1129]]

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.

         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

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

[[Page 1130]]

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.
    (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

[[Page 1131]]

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.
    (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

[[Page 1132]]

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.



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

[[Page 1133]]

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, 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

[[Page 1134]]

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.
    (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

[[Page 1135]]

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 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).

[[Page 1136]]

    (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.



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

[[Page 1137]]

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 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

[[Page 1138]]

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 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

[[Page 1139]]

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 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

[[Page 1140]]

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 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.

[[Page 1141]]

    (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]



     Subpart J--Supplemental Rules for Formal Adjudicatory Hearings



Sec. 66.91  Applicability of supplemental 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.

[[Page 1142]]

    (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.
    (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 a 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 [Note]
Appendix B to Part 67--Instruction Manual [Note]
Appendix C to Part 67--Computer Program [Note]

    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

[[Page 1143]]

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.



                  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

[[Page 1144]]

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 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 programs.

    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

[[Page 1145]]

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 
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

[[Page 1146]]

if there was a reasonable basis in law 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

[[Page 1147]]

what deficiencies exist and schedule a hearing pursuant to 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 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.

[[Page 1148]]

    (d) Unless otherwise provided in the Administrator's notice, 
noncompliance penalties finally determined to be owed 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.

[[Page 1149]]

                      Subpart B--Hazard Assessment

68.20  Applicability.
68.22  Offsite consequence analysis parameters.
68.25  Worst-case release scenario analysis.
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,

[[Page 1150]]

field gas, and produced water, each as defined in paragraph (b) of this 
section;
    (iii) Other mixtures that contain a regulated flammable substance 
and 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

[[Page 1151]]

information or material that has been determined by the United States 
Government pursuant to an executive order, statute, or regulation, to 
require 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

[[Page 1152]]

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 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]



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 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.

[[Page 1153]]

    (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]



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.
    (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;

[[Page 1154]]

    (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]



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]



                      Subpart B--Hazard Assessment

    Source: 61 FR 31718, June 20, 1996, unless otherwise noted.



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 
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

[[Page 1155]]

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 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

[[Page 1156]]

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 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;

[[Page 1157]]

    (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 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.

[[Page 1158]]

    (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.



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.



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.

[[Page 1159]]

    (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.



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

[[Page 1160]]

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.



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. 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

[[Page 1161]]

    (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
    (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;

[[Page 1162]]

    (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.
    (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,

[[Page 1163]]

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 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

[[Page 1164]]

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 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

[[Page 1165]]

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 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

[[Page 1166]]

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.



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.
    (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.


[[Page 1167]]





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.
    (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.

[[Page 1168]]

    (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 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.

[[Page 1169]]



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)-].                                                      
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        

[[Page 1170]]

                                                                        
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-].                                                          
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-].                                                     

[[Page 1171]]

                                                                        
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)-].                            
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).                                  

[[Page 1172]]

                                                                        
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           
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           

[[Page 1173]]

                                                                        
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.                                           


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                   

[[Page 1174]]

                                                                                                                
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.                                                                                                       



                     Subpart G--Risk Management Plan

    Source: 61 FR 31726, June 20, 1996, unless otherwise noted.



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

[[Page 1175]]

    (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.



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

[[Page 1176]]

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.



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;

[[Page 1177]]

    (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 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;

[[Page 1178]]

    (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.



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.
    (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.

[[Page 1179]]



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 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

[[Page 1180]]

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 1181]]

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 1182]]

                                                                                                                
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 1183]]

[61 FR 31729, June 20, 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.
69.13  Title V conditional exemption.

                        Subpart B--American Samoa

69.21  New exemptions. [Reserved]
69.22  Title V conditional exemption.

         Subpart C--Commonwealth of the Northern Mariana Islands

69.31  New exemptions. [Reserved]
69.32  Title V conditional exemption.

    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 1184]]

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 1185]]

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.



Sec. 69.13  Title V conditional exemption.

    (a) Conditional exemption. In response to a petition submitted by 
the Governor of Guam and pursuant to section 325(a) of the Clean Air Act 
(Act), the Administrator of the United States EPA (EPA) grants the 
following conditional exemptions:
    (1) Guam is exempted from the requirement to develop, submit for 
approval, and implement an operating permit program under title V of the 
Clean Air Act on the condition that Guam meets the requirements of 
paragraph (b) of this section and subject to the provisions of 
paragraphs (c) through (e) of this section.
    (2) Except for sources listed under paragraph (a)(4) of this 
section, owners or operators of sources located in Guam subject to the 
operating permit requirements of title V of the Clean Air Act are exempt 
from the requirement to apply for and obtain a title V operating permit, 
on the condition that the owner or operator of each such source must 
apply for and obtain an operating permit under an EPA approved alternate 
program that meets the requirements of paragraph (b) of this section and 
subject to the provisions of paragraphs (c) through (e) of this section. 
The owner or operator of each such source shall apply for and obtain a 
permit under the alternate operating permit program by the deadlines set 
forth in the approved program, but in any event shall obtain a permit no 
later than January 13, 2003. If the owner or

[[Page 1186]]

operator of any source has not obtained an operating permit under an 
alternate operating program approved by EPA for Guam by January 13, 
2003, the exemption for such source shall expire and the owner or 
operator of such source shall become subject to the permitting 
requirements of 40 CFR part 71 on that date, consistent with paragraph 
(d)(4) of this section.
    (3) Upon EPA approval of an alternate operating permit program 
adopted by Guam in accordance with this Sec. 69.13, a person shall not 
violate any permit condition or term in a permit that has been issued 
under such alternate permit program.
    (4) This exemption does not apply to owners or operators of major 
sources of hazardous air pollutants (HAPs) as defined under section 112 
of the Clean Air Act or to owners or operators of solid waste 
incinerators subject to the title V requirements of section 129(e) of 
the Act. Owners or operators of major sources of HAPs or solid waste 
incinerators shall be subject to the requirements of 40 CFR part 71 and 
shall apply for and obtain a part 71 permit by the deadlines specified 
in 40 CFR part 71. Any owner or operator of a major source of HAPs 
subject to 40 CFR part 63, subpart B, shall submit a timely part 71 
permit application as required by 40 CFR part 71 and 40 CFR part 63, 
subpart B, requesting a case-by-case section 112(g) or 112(j) Maximum 
Achievable Control Technology (MACT) determination.
    (b) Requirements for the alternate operating program. Guam shall 
develop and submit an alternate operating permit program (the program) 
to EPA for approval. Upon approval by EPA, Guam shall implement the 
program. The program, including the necessary statutory and regulatory 
authority, must be submitted by January 13, 1999 for approval. The 
submittal shall include the following elements:
    (1) The program must contain regulations that ensure that:
    (i) The permits shall include emission limits and standards, and 
other terms or conditions necessary to ensure compliance with all 
applicable federal requirements, as defined under 40 CFR 70.2.
    (ii) The limitations, controls, and requirements in the permits 
shall be permanent, quantifiable, and otherwise enforceable as a 
practical matter.
    (iii) Permits shall contain monitoring, recordkeeping and reporting 
requirements sufficient to ensure compliance with applicable federal 
requirements during the reporting period.
    (iv) The program shall require that the owner or operator of each 
source submit permit applications with compliance certifications 
describing the source's compliance status with all applicable 
requirements. The program shall also provide that each permit contain a 
requirement that the owner or operator of a source submit annual 
compliance certifications. The compliance certification shall contain a 
compliance plan, and shall contain a schedule for expeditiously 
achieving compliance if the source is not in compliance with all 
applicable requirements. The program must provide that approval of a 
permit with a compliance plan and schedule does not sanction 
noncompliance.
    (2) The program shall provide for the collection of fees from 
permitted sources or other revenues in an amount that will pay for the 
cost of operation of such a program and ensure that these funds are used 
solely to support the program.
    (3) The program shall provide for public notice and a public comment 
period of at least 30 days for each permit, significant permit 
modification, and permit renewal, and shall include submittal to EPA of 
each permit, significant permit modification, and permit renewal.
    (4) The program shall provide EPA at least 45 days from receipt of a 
permit, modification, or renewal for EPA review and objection prior to 
issuance. The program shall provide that if EPA objects to a permit sent 
to EPA for review, Guam cannot issue such permit until the permit is 
revised in a manner that resolves EPA's objections. The program shall 
provide that Guam will have no more than 180 days to resolve EPA's 
objections and that if the objections are not resolved within that time 
period, EPA shall issue the permit under 40 CFR part 71.

[[Page 1187]]

    (5) The program shall provide that all documents other than 
confidential business information will be made available to the public.
    (6) The program shall provide Guam with the authority to enforce 
permits, including the authority to assess civil and criminal penalties 
up to $10,000 per day per violation and to enjoin activities that are in 
violation of the permit, the program, or the Act without first revoking 
the permit.
    (7) The program shall require that owners or operators of nonmajor 
sources of hazardous air pollutants that are required to obtain title V 
permits, and owners or operators of major sources of all other air 
pollutants as defined at 40 CFR 70.2 that are exempted from 40 CFR part 
71 under paragraph (a) of this section, obtain an operating permit under 
the approved program. The program shall include a schedule for issuing 
permits to all subject sources within three years of EPA approval of the 
program.
    (8) The program shall include a system of regular inspections of 
permitted sources, a system to identify any unpermitted major sources, 
and guidelines for appropriate responses to violations.
    (9) The program shall provide for the issuance of permits with a 
fixed term that shall not exceed five years.
    (10) The program shall allow Guam or the EPA to reopen a permit for 
cause. The program shall provide that if EPA provides Guam with written 
notice that a permit must be reopened for cause, Guam shall issue a 
revised permit within 180 days (including public notice and comment) 
that sufficiently addresses EPA's concerns. The program shall provide 
that if Guam fails to issue a permit that resolves EPA's concerns within 
180 days, then EPA will terminate, modify, or revoke and reissue the 
permit under part 71 after providing the permittee and the public with 
notice and opportunity for comment.
    (c) State Implementation Plan (SIP) submittal. In conjunction with 
the submittal of the alternative operating permit program, Guam shall, 
no later than January 13, 1999 submit a revision to its SIP that 
provides that a person shall not violate a permit condition or term in 
an operating permit that has been issued under an EPA approved alternate 
operating permit program adopted by Guam pursuant to the exemption 
authorized in this Sec. 69.13.
    (d) Expiration and revocation of the exemption. This exemption shall 
expire or may be revoked under the following circumstances:
    (1) If Guam fails to submit an alternate operating permit program by 
January 13, 1999, the exemption shall automatically expire with no 
further rulemaking and 40 CFR part 71 shall become effective for all 
subject sources in Guam on that date.
    (2) In the event that EPA disapproves Guam's alternate operating 
permit program because the program does not meet the requirements set 
forth in paragraph (b) of this section, EPA will revoke the exemption by 
rulemaking.
    (3) If, by January 13, 2003, the owner or operator of any subject 
source has not obtained a federally enforceable operating permit under 
an EPA approved program, the exemption shall automatically expire for 
such source and such source shall be subject to the permitting 
requirements of 40 CFR part 71. Guam will work with EPA to identify such 
sources prior to expiration of the exemption under this paragraph (d).
    (4) EPA shall revoke the exemption in its entirety through 
rulemaking if Guam does not adequately administer and enforce an 
alternate operating permit program approved by EPA.
    (5) EPA shall revoke the exemption by rulemaking with respect to the 
owner or operator of any source if, during the 45-day review period, EPA 
objects to issuance of a permit and Guam fails to resolve EPA's 
objections within 180 days. EPA shall also revoke the exemption by 
rulemaking for the owner or operator of any source in the event that EPA 
reopens a permit for cause and Guam does not issue a permit that 
resolves the concerns as set forth in EPA's notice to reopen within 180 
days.
    (6) EPA reserves its authority to revoke or modify this exemption in 
whole or in part.
    (e) Scope of the exemption. This exemption applies solely to the 
requirement that an owner or operator obtain an operating permit under 
title V of

[[Page 1188]]

the Clean Air Act and the requirement that Guam implement a title V 
permit program. In addition, this exemption does not apply to owners or 
operators of sources set forth in paragraph (a)(4) of this section. 
Owners and operators of air pollutant sources are required to comply 
with all other applicable requirements of the Clean Air Act. For 
purposes of complying with any applicable requirement that is triggered 
or implemented by the approval of a title V permit program, the approval 
date for owners or operators to which this exemption applies shall be 
the date that EPA approves the alternate program for each territory or, 
for owners or operators of sources that are subject to 40 CFR part 71, 
the approval date shall be the effective date of 40 CFR part 71, which 
is July 31, 1996.

[61 FR 58289, Nov. 13, 1996; 61 FR 66077, Dec. 16, 1996]



                        Subpart B--American Samoa

Sec. 69.21  New exemptions. [Reserved]



Sec. 69.22  Title V conditional exemption.

    (a) Conditional exemption. In response to a petition submitted by 
the Governor of American Samoa (American Samoa) and pursuant to section 
325(a) of the Clean Air Act (Act), the Administrator of the United 
States EPA (EPA) grants the following conditional exemptions:
    (1) American Samoa is exempted from the requirement to develop, 
submit for approval, and implement an operating permit program under 
title V of the Clean Air Act on the condition that American Samoa meets 
the requirements of paragraph (b) of this section and subject to the 
provisions of paragraphs (c) through (f) of this section.
    (2) Except for sources listed under paragraph (a)(4) of this 
section, owners or operators of sources located in American Samoa 
subject to the operating permit requirements of title V of the Clean Air 
Act are exempt from the requirement to apply for and obtain a title V 
operating permit, on the condition that the owner or operator of each 
such source must apply for and obtain an operating permit under an EPA 
approved alternate program that meets the requirements of paragraph (b) 
of this section and subject to the provisions of paragraphs (c) through 
(f) of this section. The owner or operator of each such source shall 
apply for and obtain a permit under the alternate operating permit 
program by the deadlines set forth in the approved program, but in any 
event shall obtain a permit no later than January 13, 2003. If the owner 
or operator of any source has not obtained an operating permit under an 
alternate operating program approved by EPA for American Samoa by 
January 13, 2003, the exemption for such source shall expire and the 
owner or operator of such source shall become subject to the permitting 
requirements of 40 CFR part 71 on that date, consistent with paragraph 
(e)(4) of this section.
    (3) Upon EPA approval of an alternate operating permit program 
adopted by American Samoa in accordance with this Sec. 69.22, a person 
shall not violate any permit condition or term in a permit that has been 
issued under such alternate permit program.
    (4) This exemption does not apply to owners or operators of major 
sources of hazardous air pollutants (HAPs) as defined under section 112 
of the Clean Air Act or to owners or operators of solid waste 
incinerators subject to the title V requirements of section 129(e) of 
the Act. Owners or operators of major sources of HAPs or solid waste 
incinerators shall be subject to the requirements of 40 CFR part 71 and 
shall apply for and obtain a part 71 permit by the deadlines specified 
in 40 CFR part 71. Any owner or operator of a major source of HAPs 
subject to 40 CFR part 63, subpart B, shall submit a timely part 71 
permit application as required by 40 CFR part 71 and 40 CFR part 63, 
subpart B, requesting a case-by-case 112(g) or 112(j) Maximum Achievable 
Control Technology (MACT) determination.
    (b) Requirements for the alternate operating program. American Samoa 
shall develop and submit an alternate operating permit program (the 
program) to EPA for approval. Upon approval by EPA, American Samoa shall 
implement the program. The program, including the necessary statutory 
and

[[Page 1189]]

regulatory authority, must be submitted by January 13, 1999 for 
approval. The submittal shall include the following elements:
    (1) The program must contain regulations that ensure that:
    (i) The permits shall include emission limits and standards, and 
other terms or conditions necessary to ensure compliance with all 
applicable federal requirements, as defined under 40 CFR 70.2.
    (ii) The limitations, controls, and requirements in the permits 
shall be permanent, quantifiable, and otherwise enforceable as a 
practical matter.
    (iii) Permits shall contain monitoring, recordkeeping and reporting 
requirements sufficient to ensure compliance with applicable federal 
requirements during the reporting period.
    (iv) The program shall require that the owner or operator of each 
source submit permit applications with compliance certifications 
describing the source's compliance status with all applicable 
requirements. The program shall also provide that each permit contain a 
requirement that the owner or operator of a source submit annual 
compliance certifications. The compliance certification shall contain a 
compliance plan, and shall contain a schedule for expeditiously 
achieving compliance if the source is not in compliance with all 
applicable requirements. The program must provide that approval of a 
permit with a compliance plan and schedule does not sanction 
noncompliance.
    (2) The program shall provide for the collection of fees from 
permitted sources or other revenues in an amount that will pay for the 
cost of operation of such a program and ensure that these funds are used 
solely to support the program.
    (3) The program shall provide for public notice and a public comment 
period of at least 30 days for each permit, significant permit 
modification, and permit renewal, and shall include submittal to EPA of 
each permit, significant permit modification, and permit renewal.
    (4) The program shall provide EPA at least 45 days from receipt of a 
permit, modification, or renewal for EPA review and objection prior to 
issuance. The program shall provide that if EPA objects to a permit sent 
to EPA for review, American Samoa cannot issue such permit until the 
permit is revised in a manner that resolves EPA's objections. The 
program will provide that American Samoa will have no more than 180 days 
to resolve EPA's objections and that if the objections are not resolved 
within that time period, EPA shall issue the permit under 40 CFR part 
71.
    (5) The program shall provide that all documents other than 
confidential business information will be made available to the public.
    (6) The program shall provide American Samoa with the authority to 
enforce permits, including the authority to assess civil and criminal 
penalties up to $10,000 per day per violation and to enjoin activities 
that are in violation of the permit, the program, or the Act without 
first revoking the permit.
    (7) The program shall require that owners or operators of nonmajor 
sources of hazardous air pollutants that are required to obtain title V 
permits, and owners or operators of major sources of all other air 
pollutants as defined in 40 CFR 70.2 that are exempted from 40 CFR part 
71 under paragraph (a) of this section, obtain an operating permit under 
the approved program. The program shall include a schedule for issuing 
permits to all subject sources within three years of EPA approval of the 
program.
    (8) The program shall include a system of regular inspections of 
permitted sources, a system to identify any unpermitted major sources, 
and guidelines for appropriate responses to violations.
    (9) The program shall provide for the issuance of permits with a 
fixed term that shall not exceed five years.
    (10) The program shall allow American Samoa or the EPA to reopen a 
permit for cause. The program shall provide that if EPA provides 
American Samoa with written notice that a permit must be reopened for 
cause, American Samoa shall issue a revised permit within 180 days 
(including public notice and comment) that sufficiently addresses EPA's 
concerns. The program shall provide that if American Samoa fails to 
issue a permit that resolves

[[Page 1190]]

EPA's concerns within 180 days, then EPA will terminate, modify, or 
revoke and reissue the permit under part 71 after providing the 
permittee and the public with notice and opportunity for comment.
    (c) Ambient air quality program. American Samoa shall implement the 
following program to address the National Ambient Air Quality Standards 
(NAAQS) as a condition of the waiver:
    (1) American Samoa shall collect complete meteorological data and 
complete refined air quality modeling for the Pago Pago Harbor and 
submit such data and modeling results to EPA by January 13, 1999.
    (2) American Samoa shall address any NAAQS exceedances demonstrated 
through the modeling results with revisions to its SIP that shall be 
submitted by January 13, 2000. The plan shall ensure compliance with the 
NAAQS is achieved by January 14, 2002.
    (d) State Implementation Plan (SIP) submittal. In conjunction with 
the submittal of the alternative operating permit program, American 
Samoa shall, no later than January 13, 1999, submit a revision to its 
SIP that provides that a person shall not violate a permit condition or 
term in an operating permit that has been issued under an EPA approved 
alternate operating permit program adopted by American Samoa pursuant to 
the exemption authorized in this Sec. 69.22.
    (e) Expiration and revocation of the exemption. This exemption shall 
expire or may be revoked under the following circumstances:
    (1) If American Samoa fails to submit the required alternate 
operating permit program or modeling (and supporting data) by March 15, 
1999, the exemption shall automatically expire with no further 
rulemaking and 40 CFR part 71 shall become effective for all subject 
sources in American Samoa on that date. The exemption will also expire 
with no further rulemaking in the event that American Samoa fails to 
submit a SIP revision by January 13, 2000, consistent with paragraph 
(c)(2) of this section.
    (2) In the event that EPA disapproves American Samoa's alternate 
operating permit program because the program does not meet the 
requirements set forth in paragraph (b) of this section, EPA will revoke 
the exemption by rulemaking.
    (3) If, by March 14, 2003, the owner or operator of any subject 
source has not obtained a federally enforceable operating permit under 
an EPA approved program, the exemption shall automatically expire for 
such source and such source shall be subject to the permitting 
requirements of 40 CFR part 71. American Samoa will work with EPA to 
identify such sources prior to expiration of the exemption under this 
paragraph (d).
    (4) EPA shall revoke the exemption in its entirety through 
rulemaking if American Samoa does not adequately administer and enforce 
an alternate operating permit program approved by EPA.
    (5) EPA shall revoke the exemption by rulemaking with respect to the 
owner or operator of any source if, during the 45-day review period, EPA 
objects to issuance of a permit and American Samoa fails to resolve 
EPA's objections within 180 days. EPA shall also revoke the exemption by 
rulemaking for the owner or operator of any source in the event that EPA 
reopens a permit for cause and American Samoa does not issue a permit 
that resolves the concerns as set forth in EPA's notice to reopen within 
180 days.
    (6) EPA reserves its authority to revoke or modify this exemption in 
whole or in part.
    (f) Scope of the exemption. This exemption applies solely to the 
requirement that an owner or operator obtain an operating permit under 
title V of the Clean Air Act and the requirement that American Samoa 
implement a title V permit program. In addition, this exemption does not 
apply to owners or operators of sources set forth in paragraph (a)(4) of 
this section. Owners and operators of air pollutant sources are required 
to comply with all other applicable requirements of the Clean Air Act. 
For purposes of complying with any applicable requirement that is 
triggered or implemented by the approval of a title V permit program, 
the approval date for owners or operators to which this exemption 
applies shall be the date that EPA approves the alternate program for 
each territory or,

[[Page 1191]]

for owners or operators of sources that are subject to 40 CFR part 71, 
the approval date shall be the effective date of 40 CFR part 71, which 
is July 31, 1996.

[61 FR 58291, Nov. 13, 1996; 61 FR 66077, Dec. 16, 1996]



         Subpart C--Commonwealth of the Northern Mariana Islands

Sec. 69.31  New exemptions. [Reserved]



Sec. 69.32  Title V conditional exemption.

    (a) Conditional exemption. In response to a petition submitted by 
the Governor of The Commonwealth of the Northern Mariana Islands (CNMI) 
and pursuant to section 325(a) of the Clean Air Act (Act), the 
Administrator of the United States EPA (EPA) grants the following 
conditional exemptions:
    (1) CNMI is exempted from the requirement to develop, submit for 
approval, and implement an operating permit program under title V of the 
Clean Air Act on the condition that CNMI meets the requirements of 
paragraph (b) of this section and subject to the provisions of 
paragraphs (c) through (f) of this section.
    (2) Except for sources listed under paragraph (a)(4) of this 
section, owners or operators of sources located in CNMI subject to the 
operating permit requirements of title V of the Clean Air Act are exempt 
from the requirement to apply for and obtain a title V operating permit, 
on the condition that the owner or operator of each such source must 
apply for and obtain an operating permit under an EPA approved alternate 
program that meets the requirements of paragraph (b) of this section and 
subject to the provisions of paragraphs (c) through (f) of this section. 
The owner or operator of each such source shall apply for and obtain a 
permit under the alternate operating permit program by the deadlines set 
forth in the approved program, but in any event shall obtain a permit no 
later than January 13, 2003. If the owner or operator of any source has 
not obtained an operating permit under an alternate operating program 
approved by EPA for CNMI by January 13, 2003, the exemption for such 
source shall expire and the owner or operator of such source shall 
become subject to the permitting requirements of 40 CFR part 71 on that 
date, consistent with paragraph (e)(3) of this section.
    (3) Upon EPA approval of an alternate operating permit program 
adopted by CNMI in accordance with this Sec. 69.32, a person shall not 
violate any permit condition or term in a permit that has been issued 
under such alternate permit program.
    (4) This exemption does not apply to owners or operators of major 
sources of hazardous air pollutants (HAPs) as defined under section 112 
of the Clean Air Act or to owners or operators of solid waste 
incinerators subject to the title V requirements of section 129(e) of 
the Act. Owners or operators of major sources of HAPs or solid waste 
incinerators shall be subject to the requirements of 40 CFR part 71 and 
shall apply for and obtain a part 71 permit by the deadlines specified 
in 40 CFR part 71. Any owner or operator of a major source of HAPs 
subject to 40 CFR part 63, subpart B, shall submit a timely part 71 
permit application as required by 40 CFR part 71 and 40 CFR part 63, 
subpart B, requesting a case-by-case section 112(g) or 112(j) Maximum 
Achievable Control Technology (MACT) determination.
    (b) Requirements for the alternate operating program. CNMI shall 
develop and submit an alternate operating permit program (the program) 
to EPA for approval. Upon approval by EPA, CNMI shall implement the 
program. The program, including the necessary statutory and regulatory 
authority, must be submitted by January 13, 1999 for approval. The 
submittal shall include the following elements:
    (1) The program must contain regulations that ensure that:
    (i) The permits shall include emission limits and standards, and 
other terms or conditions necessary to ensure compliance with all 
applicable federal requirements, as defined under 40 CFR 70.2.
    (ii) The limitations, controls, and requirements in the permits 
shall be permanent, quantifiable, and otherwise enforceable as a 
practical matter.

[[Page 1192]]

    (iii) Permits shall contain monitoring, recordkeeping and reporting 
requirements sufficient to ensure compliance with applicable federal 
requirements during the reporting period.
    (iv) The program shall require that the owner or operator of each 
source submit permit applications with compliance certifications 
describing the source's compliance status with all applicable 
requirements. The program shall also provide that each permit contain a 
requirement that the owner or operator of a source submit annual 
compliance certifications. The compliance certification shall contain a 
compliance plan, and shall contain a schedule for expeditiously 
achieving compliance if the source is not in compliance with all 
applicable requirements. The program must provide that approval of a 
permit with a compliance plan and schedule does not sanction 
noncompliance.
    (2) The program shall provide for the collection of fees from 
permitted sources or other revenues in an amount that will pay for the 
cost of operation of such a program and ensure that these funds are used 
solely to support the program.
    (3) The program shall provide for public notice and a public comment 
period of at least 30 days for each permit, significant permit 
modification, and permit renewal, and shall include submittal to EPA of 
each permit, significant permit modification, and permit renewal.
    (4) The program shall provide EPA at least 45 days from receipt of a 
permit, modification, or renewal for EPA review and objection prior to 
issuance. The program shall provide that if EPA objects to a permit sent 
to EPA for review, CNMI cannot issue such permit until the permit is 
revised in a manner that resolves EPA's objections. The program will 
provide that CNMI will have no more than 180 days to resolve EPA's 
objections and that if the objections are not resolved within that time 
period, EPA shall issue the permit under 40 CFR part 71.
    (5) The program shall provide that all documents other than 
confidential business information will be made available to the public.
    (6) The program shall provide CNMI with the authority to enforce 
permits, including the authority to assess civil and criminal penalties 
up to $10,000 per day per violation and to enjoin activities that are in 
violation of the permit, the program, or the Act without first revoking 
the permit.
    (7) The program shall require that owners or operators of nonmajor 
sources of hazardous air pollutants that are required to obtain title V 
permits, and owners or operators of major sources of all other air 
pollutants as defined at 40 CFR 70.2 that are exempted from 40 CFR part 
71 under paragraph (a) of this section, obtain an operating permit under 
the approved program. The program shall include a schedule for issuing 
permits to all subject sources within three years of EPA approval of the 
program.
    (8) The program shall include a system of regular inspections of 
permitted sources, a system to identify any unpermitted major sources, 
and guidelines for appropriate responses to violations.
    (9) The program shall provide for the issuance of permits with a 
fixed term that shall not exceed five years.
    (10) The program shall allow CNMI or the EPA to reopen a permit for 
cause. The program shall provide that if EPA provides CNMI with written 
notice that a permit must be reopened for cause, CNMI shall issue a 
revised permit within 180 days (including public notice and comment) 
that sufficiently addresses EPA's concerns. The program shall provide 
that if CNMI fails to issue a permit that resolves EPA's concerns within 
180 days, then EPA will terminate, modify, or revoke and reissue the 
permit under part 71 after providing the permittee and the public with 
notice and opportunity for comment.
    (c) Ambient air quality program. CNMI shall implement the following 
program to protect attainment of National Ambient Air Quality Standards 
(NAAQS) as a condition of the waiver:
    (1) CNMI shall enforce its January 19, 1987 Air Pollution Control 
(APC) regulations, including the requirement that all new or modified 
sources comply with the NAAQS and Prevention of Significant 
Deterioration (PSD) increments.

[[Page 1193]]

    (2) CNMI may conduct air emissions modeling, using EPA guidelines, 
for power plants located on Saipan to assess EPA's preliminary 
determination of non-compliance with the NAAQS for sulfur dioxide 
(SO2). CNMI shall complete and submit any additional modeling 
to EPA by January 13, 1998 to determine whether existing power plants 
cause or contribute to violation of the NAAQS and PSD increments in the 
APC regulations and 40 CFR 52.21.
    (3) If CNMI's additional modeling, based on EPA guidelines, predicts 
exceedances of the NAAQS for SO2, or if CNMI elects to accept 
EPA's preliminary determination that the NAAQS for SO2 have 
been exceeded, CNMI shall submit a revised SIP that ensures compliance 
with the NAAQS for SO2. CNMI shall submit the proposed 
revision to the SIP by January 13, 1998 or, if CNMI elects to conduct 
additional modeling, by January 13, 1999. CNMI shall take appropriate 
corrective actions through the SIP to demonstrate compliance with the 
NAAQS for SO2 by January 15, 2001.
    (d) State Implementation Plan (SIP) submittal. In conjunction with 
the submittal of the alternative operating permit program, CNMI shall, 
no later than January 13, 1999 submit a revision to its SIP that 
provides that a person shall not violate a permit condition or term in 
an operating permit that has been issued under an EPA approved alternate 
operating permit program adopted by CNMI pursuant to the exemption 
authorized in this Sec. 69.32.
    (e) Expiration and revocation of the exemption. This exemption shall 
expire or may be revoked under the following circumstances:
    (1) If CNMI fails to submit the required alternate operating permit 
program or any required SIP revision by January 13, 1999, the exemption 
shall automatically expire with no further rulemaking and 40 CFR part 71 
shall become effective for all subject sources in CNMI on that date, 
consistent with paragraph (c)(3) of this section.
    (2) In the event that EPA disapproves CNMI's alternate operating 
permit program because the program does not meet the requirements set 
forth in paragraph (b) of this section, EPA will revoke the exemption by 
rulemaking.
    (3) If, by January 13, 2003, the owner or operator of any subject 
source has not obtained a federally enforceable operating permit under 
an EPA approved program, the exemption shall automatically expire for 
such source and such source shall be subject to the permitting 
requirements of 40 CFR part 71. CNMI will work with EPA to identify such 
sources prior to expiration of the exemption under this paragraph (e).
    (4) EPA shall revoke the exemption in its entirety through 
rulemaking if CNMI does not adequately administer and enforce an 
alternate operating permit program approved by EPA.
    (5) EPA shall revoke the exemption by rulemaking with respect to the 
owner or operator of any source if, during the 45-day review period, EPA 
objects to issuance of a permit and CNMI fails to resolve EPA's 
objections within 180 days. EPA shall also revoke the exemption by 
rulemaking for the owner or operator of any source in the event that EPA 
reopens a permit for cause and CNMI does not issue a permit that 
resolves the concerns as set forth in EPA's notice to reopen within 180 
days.
    (6) EPA reserves its authority to revoke or modify this exemption in 
whole or in part.
    (f) Scope of the exemption. This exemption applies solely to the 
requirement that an owner or operator obtain an operating permit under 
title V of the Clean Air Act and the requirement that CNMI implement a 
title V permit program. In addition, this exemption does not apply to 
owners or operators of sources set forth in paragraph (a)(4) of this 
section. Owners and operators of air pollutant sources are required to 
comply with all other applicable requirements of the Clean Air Act. For 
purposes of complying with any applicable requirement that is triggered 
or implemented by the approval of a title V permit program, the approval 
date for owners or operators to which this exemption applies shall be 
the date that EPA approves the alternate program for each territory or, 
for owners or operators of sources that are subject to 40 CFR part 71, 
the approval date

[[Page 1194]]

shall be the effective date of 40 CFR part 71, which is July 31, 1996.

[61 FR 58292, Nov. 13, 1996; 61 FR 66077, Dec. 16, 1996]



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 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 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

[[Page 1195]]

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;
    (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

[[Page 1196]]

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
    (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;

[[Page 1197]]

    (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 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.

[[Page 1198]]

    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:
    (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

[[Page 1199]]

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 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

[[Page 1200]]

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 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

[[Page 1201]]

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.
    (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

[[Page 1202]]

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;
    (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

[[Page 1203]]

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 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.

[[Page 1204]]

    (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 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 unless a longer period 
of time up to 10 months is provided on an individual basis by the 
Administrator through rulemaking), and may not be renewed. 
Notwithstanding the previous sentence, the Administrator may, through 
rulemaking, provide for a longer period of time on an individual basis, 
but only once per State, as necessary to allow for a State to submit one 
set of program changes addressing both interim approval deficiencies and 
program changes necessary to comport with the next revision to Sec. 70.7 
that is made after [date of publication]. Any longer period of time 
provided by the Administrator shall not exceed 2 years after publication 
in the Federal Register of that revision. Sources shall become subject 
to the program according to the schedule approved in the State program. 
Permits granted under an interim approval shall be fully effective and 
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

[[Page 1205]]

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, 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

[[Page 1206]]

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. 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.

[[Page 1207]]

    (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 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; 
61 FR 56370, Oct. 31, 1996]



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

[[Page 1208]]

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 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

[[Page 1209]]

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:
    (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:

[[Page 1210]]

    (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 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

[[Page 1211]]

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;
    (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.

[[Page 1212]]

    (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.
    (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;

[[Page 1213]]

    (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
    (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

[[Page 1214]]

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 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

[[Page 1215]]

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;
    (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:

[[Page 1216]]

    (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 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

[[Page 1217]]

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 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.

[[Page 1218]]

    (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.
    (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.

[[Page 1219]]

    (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 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.

[[Page 1220]]

    (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 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

[[Page 1221]]

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
    (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

[[Page 1222]]

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 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

[[Page 1223]]

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).
    (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

[[Page 1224]]

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 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:

[[Page 1225]]

    (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;
    (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

[[Page 1226]]

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 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 October 15, 
1998.
    (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 October 15, 1998.
    (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 October 15, 1998.

                                 Alaska

    (a) Alaska Department of Environmental Conservation: submitted on 
May 31, 1995, as supplemented by submittals on August 16, 1995, February 
6, 1996, February 27, 1996, July 5, 1996, August 2, 1996, and October 
17, 1996; interim approval effective on December 5, 1996; interim 
approval expires December 7, 1998.
    (b) (Reserved)

                                 Arizona

    (a) Arizona Department of Environmental Quality: submitted on 
November 15, 1993 and amended on March 14, 1994; May 17, 1994; March 20, 
1995; May 4, 1995; July 22, 1996; and August 12, 1996; interim approval 
effective on November 29, 1996; interim approval expires November 30, 
1998.
    (b) Maricopa County Environmental Services Department: submitted on 
November 15, 1993 and amended on December 15, 1993; January 13, 1994; 
March 9, 1994; and March 21, 1995; July 22, 1996; and August 12, 1996; 
interim approval effective on November 29, 1996; interim approval 
expires November 30, 1998.
    (c) Pima County Department of Environmental Quality: submitted on 
November 15, 1993 and amended on December 15, 1993; January 27, 1994; 
April 6, 1994; and April 8, 1994; August 14, 1995; July 22, 1996; and 
August 12, 1996; interim approval effective on November 29, 1996; 
interim approval expires November 30, 1998.
    (d) Pinal County Air Quality Control District:
    (1) submitted on November 15, 1993 and amended on August 16, 1994; 
August 15, 1995; July 22, 1996; and August 12, 1996; interim approval 
effective on November 29, 1996; interim approval expires November 30, 
1998.
    (2) revisions submitted on August 15, 1995; interim approval 
effective on December 30, 1996; interim approval expires November 30, 
1998.

                                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 August 8, 1998.
    (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 April 3, 1998.
    (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 May 23, 1998.

[[Page 1227]]

    (c) Butte County APCD (complete submittal received on December 16, 
1993); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (d) Calaveras County APCD (complete submittal received on October 
31, 1994); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (e) Colusa County APCD (complete submittal received on February 24, 
1994); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (f) El Dorado County APCD (complete submittal received on November 
16, 1993); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (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 April 3, 1998.
    (h) Glenn County APCD (complete submittal received on December 27, 
1993); interim approval effective on August 14, 1995; interim approval 
expires June 13, 1998.
    (i) Great Basin Unified APCD (complete submittal received on January 
12, 1994); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (j) Imperial County APCD (complete submittal received on March 24, 
1994); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (k) Kern County APCD (complete submittal received on November 16, 
1993); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (l) Lake County AQMD (complete submittal received on March 15, 
1994); interim approval effective on August 14, 1995; interim approval 
expires June 13, 1998.
    (m) Lassen County APCD (complete submittal received on January 12, 
1994); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (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. Interim approval expires on 
December 9, 1998.
    (o) Mendocino County APCD (complete submittal received on December 
27, 1993); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (p) Modoc County APCD (complete submittal received on December 27, 
1993); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (q) Mojave Desert AQMD (complete submittal received on March 10, 
1995); interim approval effective on March 6, 1996; interim approval 
expires January 5, 1999.
    (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 September 6, 
1998.
    (s) North Coast Unified AQMD (complete submittal received on 
February 24, 1994); interim approval effective on June 2, 1995; interim 
approval expires April 3, 1998.
    (t) Northern Sierra AQMD (complete submittal received on June 6, 
1994); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (u) Northern Sonoma County APCD (complete submittal received on 
January 12, 1994); interim approval effective on June 2, 1995; interim 
approval expires April 3, 1998.
    (v) Placer County APCD (complete submittal received on December 27, 
1993); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (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 July 4, 1998.
    (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. Interim approval expires on December 9, 
1998.
    (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. Interim approval expires on March 
25, 1999.
    (z) San Luis Obispo County APCD (complete submittal received on 
November 16, 1995); interim approval effective on December 1, 1995; 
interim approval expires October 1, 1998.
    (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 October 1, 1998.
    (bb) Shasta County AQMD (complete submittal received on November 16, 
1993); interim approval effective on August 14, 1995; interim approval 
expires June 13, 1998.
    (cc) Siskiyou County APCD (complete submittal received on December 
6, 1993); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (dd) South Coast Air Quality Management District: submitted on 
December 27, 1993 and amended on March 6, 1995, April 11, 1995, 
September 26, 1995, April 24, 1996, May 6, 1996, May 23, 1996, June 5, 
1996 and July 29, 1996; approval effective on March 31, 1997.
    (ee) Tehama County APCD (complete submittal received on December 6, 
1993); interim approval effective on August 14, 1995; interim approval 
expires June 13, 1998.

[[Page 1228]]

    (ff) Tuolumne County APCD (complete submittal received on November 
16, 1993); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.
    (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 October 1, 1998.
    (hh) Yolo-Solano AQMD (complete submittal received on October 14, 
1994); interim approval effective on June 2, 1995; interim approval 
expires April 3, 1998.

                                Colorado

    (a) Colorado Department Health-Air Pollution Control Division: 
submitted on November 5, 1993; effective on February 23, 1995; interim 
approval expires December 24, 1997.
    (b) [Reserved]

                               Connecticut

    (a) Department of Environmental Protection: submitted on September 
28, 1995; interim approval effective on April 23, 1997; interim approval 
expires April 26, 1999.
    (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 November 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 July 8, 1998.
    (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 August 
25, 1998.
    (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 October 22, 1998.
    (b) [Reserved]

                                 Hawaii

    (a) Department of Health; submitted on December 20, 1993; effective 
on December 1, 1994; interim approval expires October 1, 1997.
    (b) [Reserved]

                                  Idaho

    (a) Idaho Division of Environmental Quality: submitted on January 
20, 1995, and supplemented on July 14, 1995, September 15, 1995, and 
January 12, 1996; interim approval effective on January 6, 1997; interim 
approval expires January 6, 1999.
    (b) Reserved.

                                Illinois

    (a) The Illinois Environmental Protection Agency: submitted on 
November 15, 1993; interim approval effective on March 7, 1995; interim 
approval expires January 7, 1998.
    (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 October 14, 1998.
    (b) [Reserved]

                                  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 
August 1, 1998.
    (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 October 14, 1998.

[[Page 1229]]

    (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]

                                  Maine

    (a) Department of Environmental Protection: submitted on October 23, 
1995; source category-limited interim approval effective on March 24, 
1997; source category-limited interim approval expires March 22, 1999.
    (b) [Reserved]

                                Maryland

    (a) Maryland Department of the Environment: submitted on May 9, 
1995; interim approval effective on August 2, 1996; interim approval 
expires August 3, 1998.
    (b) Reserved

                              Massachusetts

    (a) Department of Environmental Protection: submitted on April 28, 
1995; interim approval effective on May 15, 1996; interim approval 
expires March 15, 1999.
    (b) [Reserved]

                                Michigan

    (a)(1) Department of Environmental Quality: received on May 16, 
1995, July 20, 1995, October 6, 1995, November 7, 1995, and January 8, 
1996; interim approval effective on February 10, 1997; interim approval 
expires February 10, 1999.
    (2) Interim approval revised to provide for a 4 year initial permit 
issuance schedule under source category limited (SCL) interim approval, 
pursuant to the Department of Environmental Quality's request received 
on April 18, 1997. SCL interim approval effective on July 18, 1997.
    (b) (Reserved)

                                Minnesota

    (a) Minnesota Pollution Control Agency; submitted on November 15, 
1993; effective July 17, 1995; interim approval expires May 16, 1998.
    (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. Interim approval 
expires on September 13, 1998.
    (b) The Missouri Department of Natural Resources program submitted 
on January 13, 1995; August 14, 1995; September 19, 1995; October 16, 
1995; and August 6, 1996.
    Full approval effective June 13, 1997.

                                 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 April 11, 1998.
    (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 November 12, 1998.
    (b) Washoe County District Health Department: submitted on November 
18, 1993; interim approval effective on March 6, 1995; interim approval 
expires December 5, 1997.
    (c) Clark County Air Quality Management District: submitted on 
January 12, 1994 and amended on July 18 and September 21, 1994;

[[Page 1230]]

interim approval effective on August 14, 1995; interim approval expires 
June 13, 1998.

                              New Hampshire

    (a) Department of Environmental Services: submitted on October 26, 
1995; interim approval effective on November 1, 1996.
    (b) [Reserved]

                               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 April 16, 1999.
    (b) [Reserved]

                               New Mexico

    (a) Environment Department; submitted on November 15, 1993; 
effective date on December 19, 1994; interim approval expires on October 
19, 1997.
    (b) City of Albuquerque Environmental Health Department, Air 
Pollution Control Division: submitted on April 4, 1994; effective on 
March 13, 1995; interim approval expires June 10, 1997.
    (c) The New Mexico Environment Department, Air Pollution Control 
Bureau submitted an operating permits program on November 15, 1993, 
which was revised July 31, 1996, and became effective on December 26, 
1996.
    (d) The City of Albuquerque, Environmental Health Department, 
submitted an operating permits program on April 4, 1994, which was 
revised July 31, 1996, and became effective on December 26, 1996.

                                New York

    (a) The New York State Department of Environmental Conservation 
submitted an operating permits program on November 12, 1993, 
supplemented on June 17, 1996 and June 27, 1996; interim program 
approval effective on December 9, 1996; interim program approval expires 
December 7, 1998.
    (b) [Reserved]

                             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 October 15, 1998.
    (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 June 7, 1998.
    (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 January 5, 1999.
    (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.

                              Pennsylvania

    (a) Pennsylvania Department of Environmental Resources [now known as 
the Pennsylvania Department of Environmental Protection]: submitted on 
May 18, 1995; full approval effective on August 29, 1996.
    (b) (Reserved)

                               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 May 6, 1999.
    (b) [Reserved]

[[Page 1231]]

                             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) Tennessee Department of Environment and Conservation: submitted 
on November 10, 1994, and supplemented on December 5, 1994, August 8, 
1995, January 17, 1996, January 30, 1996, February 13, 1996, April 9, 
1996, June 4, 1996, June 12, 1996, July 3, 1996, and July 15, 1996; 
interim approval effective on August 28, 1996; interim approval expires 
August 31, 1998.
    (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.
    (e) Memphis-Shelby County Health Department: submitted on June 26, 
1995, and supplemented on August 22, 1995, August 23, 1995, August 24, 
1995, January 29, 1996, February 7, 1996, February 14, 1996, March 5, 
1996, and April 10, 1996; interim approval effective on August 28, 1996; 
interim approval expires August 31, 1998.

                                  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]

                                 Vermont

    (a) Department of Environmental Conservation: submitted on April 28, 
1995; interim approval effective on November 1, 1996; interim approval 
expires November 2, 1998.
    (b) (Reserved)

                             Virgin Islands

    (a) The Virgin Islands Department of Natural Resources submitted an 
operating permits program on November 18, 1993 with supplements through 
June 9, 1995; interim approval effective on August 30, 1996.
    (b) (Reserved)

                                Virginia

    (a) The Commonwealth of Virginia's Title V operating permit and fee 
program regulations submitted on September 10, 1996, the acid rain 
operating permit regulations submitted on September 12, 1996, and the 
non-regulatory operating permit program provisions submitted on November 
12, 1993, January 14, 1994, January 9, 1995, May 17, 1995, February 6, 
1997, and February 27, 1997; interim approval effective on July 10, 
1997; interim approval expires July 12, 1999.
    (b) [Reserved]

                               Washington

    (a) Department of Ecology (Ecology): submitted on November 1, 1993; 
effective on December 9, 1994; interim approval expires October 9, 1997.
    (b) Energy Facility Site Evaluation Council (EFSEC): submitted on 
November 1, 1993; effective on December 9, 1994; interim approval 
expires October 9, 1997.

[[Page 1232]]

    (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 October 9, 1997.
    (d) Northwest Air Pollution Authority (NWAPA): submitted on November 
1, 1993; effective on December 9, 1994; interim approval expires October 
9, 1997.
    (e) Olympic Air Pollution Control Authority (OAPCA): submitted on 
November 1, 1993; effective on December 9, 1994; interim approval 
expires October 9, 1997.
    (f) Puget Sound Air Pollution Control Agency (PSAPCA): submitted on 
November 1, 1993; effective on December 9, 1994; interim approval 
expires October 9, 1997.
    (g) Southwest Air Pollution Control Authority (SWAPCA): submitted on 
November 1, 1993; effective on December 9, 1994; interim approval 
expires October 9, 1997.
    (h) Spokane County Air Pollution Control Authority (SCAPCA): 
submitted on November 1, 1993; effective on December 9, 1994; interim 
approval expires October 9, 1997.
    (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 October 9, 1997.

                              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 
October 15, 1998.
    (b) [Reserved]

                                Wisconsin

    (a) Department of Natural Resources: submitted on January 27, 1994; 
interim approval effective on April 5, 1995; interim approval expires 
February 7, 1998.
    (b) [Reserved]

                                 Wyoming

    (a) Department of Environmental Quality: submitted on November 19, 
1993; effective on February 21, 1995; interim approval expires December 
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 62 FR 31519, June 10, 1997, Appendix A 
was amended by revising paragraph (a) in the entry for Virginia, 
effective July 10, 1997. For the convenience of the user, the superseded 
text is set forth as follows:

  Appendix A to Part 70--Approval Status of State and Local Operating 
                            Permits Programs

                                * * * * *

                                Virginia

    (a) Department of Environmental Quality: submitted on November 19, 
1993; disapproval effective on January 4, 1995.

                                * * * * *

    2. At 62 FR 33011, June 18, 1997, Appendix A was amended by revising 
paragraph (a) in the entry for Michigan, effective July 18, 1997. For 
the convenience of the user, the superseded text is set forth as 
follows:

                                * * * * *

                                Michigan

    (a) Department of Environmental Quality: received on May 16, 1995, 
July 20, 1995, October 6, 1995, November 7, 1995, and January 8, 1996; 
interim approval effective on February 10, 1997; interim approval 
expires February 10, 1999.

                                * * * * *



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.

[[Page 1233]]

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.



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 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);

[[Page 1234]]

    (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 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

[[Page 1235]]

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;
    (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

[[Page 1236]]

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;
    (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

[[Page 1237]]

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.
    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

[[Page 1238]]

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.
    (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.

[[Page 1239]]

    (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 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

[[Page 1240]]

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 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

[[Page 1241]]

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 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

[[Page 1242]]

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 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

[[Page 1243]]

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:
    (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

[[Page 1244]]

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;
    (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

[[Page 1245]]

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:
    (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.

[[Page 1246]]

    (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) 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;

[[Page 1247]]

    (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 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-

[[Page 1248]]

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 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

[[Page 1249]]

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 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

[[Page 1250]]

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 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;

[[Page 1251]]

    (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 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);

[[Page 1252]]

    (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, 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

[[Page 1253]]

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 (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

[[Page 1254]]

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 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

[[Page 1255]]

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 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

[[Page 1256]]

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 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

[[Page 1257]]

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 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

[[Page 1258]]

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 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.

[[Page 1259]]

    (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 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

[[Page 1260]]

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.
    (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:

[[Page 1261]]

    (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 
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

[[Page 1262]]

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;
    (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.

[[Page 1263]]

    (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.
    (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

[[Page 1264]]

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 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;

[[Page 1265]]

    (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 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

[[Page 1266]]

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
    (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.

[[Page 1267]]

    (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 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

[[Page 1268]]

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 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

[[Page 1269]]

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 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

[[Page 1270]]

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.
    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.

[[Page 1271]]

    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 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

[[Page 1272]]

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 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

[[Page 1273]]

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 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:

[[Page 1274]]

    (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) 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.

[[Page 1275]]

    (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 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

[[Page 1276]]

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. 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

[[Page 1277]]

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 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.

[[Page 1278]]

    (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 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

[[Page 1279]]

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 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).

[[Page 1280]]

    (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 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;

[[Page 1281]]

    (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;
    (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

[[Page 1282]]

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 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.

[[Page 1283]]

    (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.
    (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

[[Page 1284]]

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 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.

[[Page 1285]]

    (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 1287]]



                              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 1289]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 1997)

  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 63 TO 71): SUBCHAPTER C--AIR PROGRAMS

ENVIRONMENTAL PROTECTION AGENCY
                                                                  40 CFR


American Petroleum Institute

  1220 L Street, NW., Washington, DC 20037
API Publication 2517, Evaporative Loss from                63.14; 63.111
  External Floating-Roof Tanks, 3rd Ed., February 
  1989.
API Publication 2518, Evaporative Loss from Fixed-         63.14; 63.150
  Roof Tanks, 2nd Ed., October 1991.


American Public Health Association

  1015 Fifteenth St. NW., Washington, DC 20005
Standard Methods for the Examination of Water and                 63.404
  Wastewater, American Public Health Association, 
  American Waterworks Association, and Water 
  Pollution Control Federation, 18th Edition, 
  1992--Method 3500-Cr D, Colorimetric Method.


American Society for Testing and Materials

  1916 Race Street, Philadelphia, Pennsylvania 
  19103
ASTM D 1193-77, Standard Specification for Reagent  Par. 4.1.1 and par. 
  Water.                                            4.4.2 of Appendix A 
                                                              to Part 63
ASTM D 1331-89, Standard Test Methods for Surface  Par. 3.1 and par. 4.2 
  and Interfacial Tension of Solutions of Surface  of Appendix A to Part 
  Active Agents.                                                      63
ASTM D 1946-77, Standard Method for Analysis of             63.11; 63.14
  Reformed Gas by Gas Chromatography.
ASTM D2382-76, Heat of Combustion of Hydrocarbon            63.11; 63.14
  Fuels by Bomb Calorimeter (High-Precision 
  Method).
ASTM D 2879-83, Standard Test Method for Vapor             63.14; 63.111
  Pressure-Temperature Relationship and Initial 
  Decomposition Temperature of Liquids by 
  Isoteniscope.
ASTM D 3695-88, Standard Test Method for Volatile    63.14; 63.365(e)(1)
  Alcohols in Water by Direct Aqueous-Injection 
  Gas Chromatography.
ASTM E 180-93 Standard Practice for Determining      63.14(b); 63.786(b)
  the Precision of ASTM Methods for Analysis and 
  Testing of Industrial Chemicals.


U.S. Government Printing Office

  Washington, DC 20402-9371; Telephone: 202-512-
  1800; Telefacsimile: 202-275-0019

[[Page 1290]]

Test Methods for Evaluating Solid Waste, Physical                 63.404
  Chemical Methods, EPA Publication SW-846, Third 
  Edition, November 1986, and Revision I, December 
  1987--Method 7196, Chromium Hexavalent 
  (Colorimetric).



[[Page 1291]]



                    Table of CFR Titles and Chapters




                      (Revised as of June 20, 1997)

                      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 3201)
     XXIII  Department of Energy (Part 3301)

[[Page 1292]]

      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     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)

[[Page 1293]]

        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)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       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)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)

[[Page 1294]]

    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       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)
        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--
                599)

                           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)

[[Page 1295]]

        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)

                    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  Commercial Space Transportation, Federal Aviation 
                Administration, 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)

[[Page 1296]]

            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)

          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

[[Page 1297]]

         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)
        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

[[Page 1298]]

         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)
      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--3899)
       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)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

[[Page 1299]]

           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)

                            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 Standards, 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)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      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)

[[Page 1300]]

       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)
       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)

[[Page 1301]]

                          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)
       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)

[[Page 1302]]

           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)

          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) [Reserved]
            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)

[[Page 1303]]

         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)

             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 
                (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)

[[Page 1304]]

      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)

                      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)
        23  Social Security Administration (Parts 2300--2399)

[[Page 1305]]

        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)
        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)

[[Page 1306]]

        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (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)

                      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 1307]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of June 20, 1997)

                                                  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 Research Service                       7, XXXVII
  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, XXXV
  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
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 1308]]

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
Armed Forces Retirement Home                      5, XI
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                   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                5, LXXI; 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 1309]]

  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 Development Administration               13, III
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                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 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                   5, LIV; 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
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I

[[Page 1310]]

  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 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              5, XXIV; 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 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  5, LXXIV; 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
  Board of Governors                              5, LVIII
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
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                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  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

[[Page 1311]]

  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          5, XLV; 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      5, LXV; 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
  American Indians, Office of the Special         25, VII
       Trustee
  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
  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

[[Page 1312]]

  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 Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
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                                5, XXVIII; 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                                  5, XLII
  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 Standards, Office of           29, II, 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 Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  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

[[Page 1313]]

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      5, LXVI; 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                    5, LXI; 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                       5, XLIII; 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
Northeast Dairy Compact Commission                7, XIII
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
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 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
[[Page 1314]]

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, XXXV
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
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
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                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 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
  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

[[Page 1315]]

  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 1317]]

                                     

                                     



                      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
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

[[Page 1318]]

                                                                        
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
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

[[Page 1319]]

                                                                        
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\                             
------------------------------------------------------------------------
63.5(d).................................................       2060-0330
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
63.787 (a)-(b)..........................................       2060-0330
63.788 (a)-(c)..........................................       2060-0330
63.806-63.807...........................................       2060-0324
63.829-63.830...........................................       2060-0335
63.1311.................................................       2060-0351
63.1314.................................................       2060-0351
63.1315.................................................       2060-0351
63.1319.................................................       2060-0351
63.1320.................................................       2060-0351
63.1325-63.1332.........................................       2060-0351
63.1335.................................................       2060-0351
------------------------------------------------------------------------
                 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
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
------------------------------------------------------------------------

[[Page 1320]]

                                                                        
                     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
80.161..................................................       2060-0275
80.162..................................................       2060-0275
80.163(d)(3)............................................       2060-0275
80.164..................................................       2060-0275
80.165..................................................       2060-0275
80.166..................................................       2060-0275
80.167(d)...............................................       2060-0275
80.170..................................................       2060-0275
80.171..................................................       2060-0275
80.173..................................................       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..................................................       2060-0350
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
86.095-14...............................................       2060-0104
86.095-23...............................................       2060-0104
86.095-24...............................................       2060-0104
86.095-26...............................................       2060-0104
86.095-30...............................................       2060-0104
86.095-35...............................................       2060-0104
86.094-38...............................................       2060-0104
86.096-7................................................       2060-0104
86.096-8................................................       2060-0104

[[Page 1321]]

                                                                        
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
86.1003-90..............................................       2060-0064
86.1004-84..............................................       2060-0064
86.1005-90..............................................       2060-0064
86.1006-84..............................................       2060-0064
86.1007-84..............................................       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
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
------------------------------------------------------------------------

[[Page 1322]]

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

[[Page 1323]]

                                                                        
 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
141.140-141.144.........................................       2040-0183
------------------------------------------------------------------------
       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
------------------------------------------------------------------------
                 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

[[Page 1324]]

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

[[Page 1325]]

                                                                        
   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        
------------------------------------------------------------------------
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 Classification of Solid Waste Disposal Facilities and   
                                Practices                               
------------------------------------------------------------------------
257.24..................................................       2050-0154
257.25..................................................       2050-0154
257.27..................................................       2050-0154
------------------------------------------------------------------------
              Criteria for Municipal Solid Waste Landfills              
------------------------------------------------------------------------
Part 258................................................       2050-0122
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
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

[[Page 1326]]

                                                                        
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
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

[[Page 1327]]

                                                                        
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
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

[[Page 1328]]

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

[[Page 1329]]

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

[[Page 1330]]

                                                                        
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
721.185.................................................      2070-0012,
                                                               2070-0038
721.225.................................................       2070-0012
721.267.................................................       2070-0012
721.275.................................................       2070-0012
721.285.................................................       2070-0012
721.320.................................................       2070-0012
721.323.................................................       2070-0012
721.325.................................................       2070-0012
721.336.................................................       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
721.484.................................................       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
721.646.................................................       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
721.785.................................................       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

[[Page 1331]]

                                                                        
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
721.1660................................................       2070-0038
721.1675................................................       2070-0012
721.1700................................................       2070-0012
721.1725................................................       2070-0012
721.1728................................................       2070-0012
721.1732................................................       2070-0012
721.1735................................................       2070-0012
721.1737................................................       2070-0012
721.1738................................................       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
721.1920................................................       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
721.2095................................................       2070-0012
721.2097................................................       2070-0012
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
721.2527................................................       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
721.2930................................................       2070-0012
721.2940................................................       2070-0012
721.2950................................................       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
721.3063................................................       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
721.3628................................................       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

[[Page 1332]]

                                                                        
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
721.4484................................................       2070-0012
721.4480................................................       2070-0012
721.4490................................................       2070-0012
721.4494................................................       2070-0012
721.4497................................................       2070-0012
721.4500................................................       2070-0012
721.4520................................................       2070-0012
721.4550................................................       2070-0012
721.4568................................................       2070-0012
721.4585................................................       2070-0012
721.4587................................................       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
721.4663................................................       2070-0012
721.4668................................................       2070-0012
721.4680................................................       2070-0012
721.4685................................................       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
721.5276................................................       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
721.5545................................................       2070-0012
721.5550................................................       2070-0012
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
721.5880................................................       2070-0012
721.5900................................................       2070-0012
721.5910................................................       2070-0012
721.5915................................................       2070-0012
721.5920................................................       2070-0012
721.5930................................................       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
721.6097................................................       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

[[Page 1333]]

                                                                        
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
721.8673................................................       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
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
721.9495................................................       2070-0012
721.9500................................................       2070-0012
721.9505................................................       2070-0012
721.9507................................................       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
721.9680................................................       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

[[Page 1334]]

                                                                        
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
721.9970................................................       2070-0012
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
Part 745, subpart L.....................................       2070-0155
Part 745, subpart Q.....................................       2070-0155
------------------------------------------------------------------------
                        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..................................................       2070-0149
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,
                                                              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]


[[Page 1335]]


    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.

[[Page 1337]]



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
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
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
65.482  Table amended...............................................4027
65.541  Table revised; eff. 8-30-88................................24939

                                  1989

40 CFR
                                                                   54 FR
                                                                    Page
Chapter I
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

[[Page 1338]]

65.140  Removed....................................................25259
65.142  Removed....................................................25259
65.151  Removed....................................................25259
65.152  Removed....................................................25259
65.160--65.162 (Subpart M)    Removed..............................25259
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
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

[[Page 1339]]

    Appendix E amended; eff. 8-24-90........................25835, 25836

                                  1991

                       (No Regulations Published)

                                  1992

40 CFR
                                                                   57 FR
                                                                    Page
Chapter I
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
70  Added..........................................................32295
70.1  (f) added....................................................57347

                                  1993

40 CFR
                                                                   58 FR
                                                                    Page
Chapter I
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
70.1  (f) removed..................................................34375

                                  1994

40 CFR
                                                                   59 FR
                                                                    Page
Chapter I
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

[[Page 1340]]

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

                                  1995

40 CFR
                                                                   60 FR
                                                                    Page
Chapter I
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

[[Page 1341]]

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
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

40 CFR
                                                                   61 FR
                                                                    Page
63  State permit operating program approvals................18280, 43675
    Guidance availability..........................................29485
    Technical correction...........................................54342
63.14  (d) added...................................................25399
    Second (b)(4) through (7) and (b)(8) through (14) redesignated 
as (b)(8) through (18).............................................66227
63.40  Added.......................................................68399
63.41  Added.......................................................68399
63.42  Added.......................................................68400
63.43  Added.......................................................68401
63.44  Added.......................................................68404
63.51  Amended.....................................................21372
63.60  Added.......................................................30823
63.90  Introductory text amended...................................36297
63.91  (a) introductory text revised...............................36297
63.93  (b)(4)(iv) removed..........................................36298
63.95  (b)(4)(i) revised...........................................36298
63.99  Added.......................................................25399
63.100  (b)(4) introductory text revised; (b)(4)(i)(B) amended......7718
    (d)(3)(ii), (i), (l)(3)(ii)(B), (4)(iii)(A) and (m)(2) 
revised; (g)(2)(iii), (h)(2)(iv) and (l)(4)(iii) introductory text 
amended............................................................64574
63.100--63.106 (Subpart F)  Table 1 amended........................31439
63.102  (c) introductory text revised; (c)(2) removed..............64575
63.106  (a) revised................................................64575
63.110  (e)(2)(ii) introductory text and (f)(4)(ii) revised........64575
63.117  (e) amended................................................64576
63.120  (d)(2) introductory text and (i) revised; (d)(3)(i) 
        amended....................................................64576
63.122  (a)(2) removed; (b) revised................................64576

[[Page 1342]]

63.123  (b) removed................................................64576
63.128  (h)(1) introductory text, (2) and (3) revised..............64576
63.129  (b) amended; (e) and (f) revised...........................64576
63.151  (c)(1)(ii) revised..........................................7718
    Heading, (a)(2), (6)(i), (c) introductory text, (1), 
(d)(8)(i), (e) introductory text, (1), (3), (f) introductory text, 
(g)(1), (h) and (j) revised; (a)(6)(iv) and (7) amended............64576
63.152  (a)(2), (c)(4)(ii) and (e) introductory text revised; 
        (c)(5)(ii)(F) removed......................................64577
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) introductory text and (ii) revised..................31441
63.190  (b)(7) introductory text revised; (b)(7)(i)(B) amended......7718
    (f), (g)(1) introductory text and (2) introductory text 
revised; (g)(3), (4) and (j) added.................................31441
63.191  (b) amended................................................31442
63.192  (a) redesignated as (a)(1); (a)(2) added...................31442
63.320  (k) added..................................................27788
    (c) through (f) revised........................................49265
63.322  (a) introductory text and (b) introductory text revised....49265
63.340  (e) revised................................................27787
63.340--63.347 (Subpart N)  Table 1 amended........................27787
63.342  (c)(2)(i)(B) amended; (f)(3)(i) introductory text revised 
                                                                   27787
63.344  (e)(3)(v) and (4)(iv) amended..............................27787
63.347  (e)(2) introductory text and (f)(1) revised................27787
63.360  (f) revised................................................27788
63.420--63.429 (Subpart R)  Table 1 amended.........................7723
63.424  (e) revised.................................................7723
63.428  (a), (i)(1) and (j)(1) revised; (f)(1) amended..............7723
63.480--63.506 (Subpart U)  Added..................................46924
63.541  (c) added..................................................27788
63.546  (a) revised................................................65336
63.549  (b) revised................................................65336
63.640  (h)(5)(iii) corrected.......................................7051
    (b), (d), (h)(4), (l)(3)(iv), (m)(2) and (n)(4) revised; 
(f)(5) introductory text and (h)(5) introductory text amended; 
(h)(3) and (l)(4) added............................................29878
63.640--63.654 (Subpart CC)  Appendix amended...............29881, 29882
63.641  Amended....................................................29879
63.642  (g) corrected...............................................7051
    (e) and (g) revised............................................29879
63.644  (d) amended................................................29880
63.645  (a) and (h)(2) revised; (i) added..........................29880
63.646  (a), (d) introductory text and (9) revised; (d)(10) added 
                                                                   29880
63.648  (c)(9) and (10) amended....................................29880
63.650  (a) revised................................................29880
63.651  (a) revised; (d) added.....................................29880
63.652  (j)(2)(ii) corrected........................................7051
    (h)(1) introductory text amended...............................29881
    Corrected......................................................33799
63.653  (a)(4) revised.............................................29881
63.654  (d) introductory text, (3), (g)(8)(ii)(B) and (h)(1) 
        revised; (d)(4), (5) and (6) added; (g)(6)(iii) amended....29881
63.680--63.698 (Subpart DD)  Added.................................34158
63.753  (a)(1)  correctly revised...................................4903
63.784  (a) revised; eff. 8-19-96..................................30816
63.787  (b)(1)(ii) and (4) revised; (b)(2) removed; eff. 8-19-96 
                                                                   30816
63.780--63.788 (Subpart II)  Table 2 amended.......................66228
63.788  (b)(1) amended.............................................66227
    (a)(2) amended.................................................66227
63.820--63.831 (Subpart KK)  Added.................................27140
63.900--63.907 (Subpart OO)  Added.................................34184
63.920--63.928 (Subpart PP)  Added.................................34186

[[Page 1343]]

63.940--63.948 (Subpart QQ)  Added.................................34190
63.960--63.966 (Subpart RR)  Added.................................34193
63.1040--63.1049 (Subpart VV)  Added...............................34195
63.1310--63.1335 (Subpart JJJ)  Added..............................48229
63  Appendix D added...............................................34200
68  Authority citation revised.....................................31717
68.2  Added........................................................31731
68.3  Amended; eff. 8-19-96........................................31717
68.10  Added; eff. 8-19-96.........................................31717
68.12  Added; eff. 8-19-96.........................................31718
68.15  Added; eff. 8-19-96.........................................31718
68.20--68.42 (Subpart B)  Added; eff. 8-19-96......................31718
68.48--68.60 (Subpart C)  Added; eff. 8-19-96......................31721
68.65--68.87 (Subpart D)  Added; eff. 8-19-96......................31722
68.90--68.95 (Subpart E)  Added; eff. 8-19-96......................31725
68.100--68.130 (Subpart C)  Redesignated as 68.100--68.130 
        (Subpart F); eff. 8-19-96..................................31717
68.150--68.190 (Subpart G)  Added; eff. 8-19-96....................31726
68.200--68.220 (Subpart H)  Added; eff. 8-19-96....................31728
68  Appendix A added; eff. 8-19-96.................................31729
69.13  Added.......................................................58289
    (a)(2), (b), (c), (d)(1) and (3) corrected.....................66077
69.21--69.22 (Subpart B)  Heading revised..........................58291
69.22  Added.......................................................58291
    (a)(2), (b), (c)(1), (2), (d) and (e)(1) corrected.............66077
69.31--69.32 (Subpart C)  Heading revised..........................58292
69.32  Added.......................................................58292
    (a)(2), (b), (c)(2), (3), (d), (e)(1) and (3) corrected........66077
70.4  (d)(3) introductory text and (ii) revised; eff. 7-22-96......31448
    (d)(2) revised.................................................56370
70  Appendix A amended...2722, 2939, 3832, 4220, 4224, 5707, 7076, 8876, 
                  11739, 13103, 16065, 18088, 18968, 24461, 24720, 31443
    Appendix A corrected............................................7073
    Appendix A amended; eff. 7-5-96................................20155
    Appendix A amended; eff. 7-25-96...............................32699
    Appendix A amended.........34739, 39343, 39601, 39883, 45336, 51370, 
                         51372, 55923, 56370, 57594, 60034, 64475, 64635
    Regulation at 61 FR 45336 withdrawn............................56631
    Appendix A corrected...........................................63928
71  Operating permits..............................................39877
71.1--71.12 (Subpart A)  Added; eff. 7-31-96.......................34229

                                  1997

   (Regulations published from January 1, 1997, through July 1, 1997)

40 CFR
                                                                   62 FR
                                                                    Page
63  State operating permit program approvals.........15402, 15404, 30995
    Authority delegation notices...................................32033
63.100  (b)(2), (c), (e), (f) introductory text, (1), (g) 
        introductory text, (1) introductory text, (2) introductory 
        text, (h)(1) introductory text, (i), (2) introductory 
        text, (i), (ii)(A), (j)(4), (k)(1), (2) and (3) 
        introductory text revised; (f)(6) through (9) redesignated 
        as (f)(8) through (11); new (f)(6), new (7), (g)(3), (4), 
        (h)(3) and (k)(9) added; (h)(2)(v) removed..................2729
63.101  Amended.....................................................2729
63.102  (a)(1) and (2) revised; (a)(3) and (4) added................2732
63.103  (c) introductory text and (f) amended; (c)(1), (2)(i), 
        (ii), (iii), (d)(1) and (e) revised; (c)(2)(iv) removed.....2732
63.104  Revised.....................................................2733
63.100--63.106 (Subpart F)  Tables 2 and 3 revised............2735, 2737
    Table 4 Added...................................................2740
63.110  (d)(10) and (h) added; (e)(1) revised.......................2742
63.111  Amended.....................................................2742
63.112  (e) introductory text revised; (e)(3) and (h) added.........2744
63.113  (a) introductory text, (2), (c)(1) and (2) revised; (a)(3) 
        amended.....................................................2744

[[Page 1344]]

63.114  (a) introductory text, (4)(ii), (b) introductory text, 
        (3), (c)(1), (3) and (d)(2) revised; (a)(5) added; (d)(1) 
        and (e) amended.............................................2745
63.115  (a) introductory text revised; (e) introductory text 
        amended.....................................................2746
63.116  (a)(1), (b) introductory text, (3), (d) introductory text, 
        (1), (3), (4) and (e) revised; (b)(5) added.................2746
63.118  (a)(2), (b) and (2) revised.................................2747
63.119  (a)(1), (2), (b)(2) and (c)(4) revised; (e)(6) and (f) 
        added.......................................................2747
63.120  (a)(4), (b)(2)(ii), (7)(ii) and (8) amended; (d) 
        introductory text revised; (d)(8) and (f) added.............2748
63.122  (c) introductory text amended; (c)(3) added.................2748
63.123  (h) added...................................................2748
63.126  (a)(1), (3), (b) introductory text, (1), (3), (d)(1), (2), 
        (h) and (i) revised; (b)(4) added...........................2749
63.127  (a) introductory text, (4)(ii), (b) introductory text and 
        (3) revised; (d)(1) amended.................................2749
63.128  (a)(9)(iv), (c) introductory text, (3), (d) introductory 
        text, (1), (f)(2) and (g) revised; (b)(1) introductory 
        text amended; (c)(7) added..................................2750
63.129  (a)(1) revised; (a)(4)(ii) amended; (a)(8) added............2750
63.130  (a)(2) introductory text, (b)(1) and (d)(4) revised; 
        (a)(2)(i) through (iv) removed; (a)(2)(v), (vi) and (vii) 
        redesignated as (a)(2)(i), (ii) and (iii); (b)(2) amended 
                                                                    2750
63.131  Removed.....................................................2751
63.132  Revised.....................................................2751
63.133  Revised.....................................................2753
63.134  Revised.....................................................2754
63.135  Revised.....................................................2755
63.136  Revised.....................................................2755
63.137  Revised.....................................................2756
63.138  Revised.....................................................2757
63.139  Revised.....................................................2760
63.140  Revised.....................................................2762
63.143  Revised.....................................................2762
63.144  Revised.....................................................2762
63.145  Revised.....................................................2765
63.146  Revised.....................................................2774
63.147  Revised.....................................................2775
63.148  (c)(2), (4)(ii), (5), (i)(3)(i), (ii) and (j)(2) revised 
                                                                    2775
63.149  Added.......................................................2775
63.152  (b)(1) introductory text, (2) introductory text, (ii)(A), 
        (B), (c)(2) introductory text, (ii) introductory text, (A) 
        introductory text, (2), (3), (B) introductory text, (C), 
        (E), (4) introductory text, (iii), (f) introductory text, 
        (2)(ii), (5) introductory text and (7) revised; (b)(5), 
        (c)(2)(iv), (4)(iv) and (g) added; (c)(5)(iii) and (6)(iv) 
        amended.....................................................2776
63.110--63.152 (Subpart G)  Appendix G amended......................2779
63.161  Amended.....................................................2788
63.162  (f)(2) and (3) revised; (g) and (h) added...................2789
63.163  (e)(1)(ii) and (g) revised..................................2789
63.164  (b)(2) and (h) revised......................................2790
63.165  (c) revised.................................................2790
63.168  (e)(1) amended; (f)(3) revised..............................2790
63.169  (c)(3) revised..............................................2790
63.172  (b), (c), (h)(2) and (j)(2) revised; (n) added..............2790
63.173  (d)(1)(ii), (f) and (g) revised.............................2791
63.174  (c)(1)(i), (ii), (2) introductory text, (ii), (h)(2), 
        (i)(1) and (2) revised; (c)(2)(iii) and (iv) added; (e) 
        removed.....................................................2791
63.180  (b)(4)(ii), (c) introductory text and (2) revised...........2792
63.181  (d)(7)(i), (ii), (g)(2) introductory text, (3) 
        introductory text and (i) revised...........................2792
63.182  (d)(2)(xvii) added..........................................2792
63.190  (d), (e)(5)(i) and (ii) amended.............................2792
63.191  Amended.....................................................2792
63.192  (f) introductory text, (2)(iii) and (g)(1) introductory 
        text amended; (f)(1) and (k) revised; (g)(1)(i) and (ii) 
        removed.....................................................2793
63.193  Revised.....................................................2793
63.347  (e)(4) revised; interim.....................................4465
63.420  (a)(1) and (b)(1) amended; (f) revised......................9092

[[Page 1345]]

63.421  Amended.....................................................9093
63.428  (g) introductory text and (h) introductory text revised.....9093
63.481  (d) introductory text, (2) introductory text and (iv) 
        revised; (d)(6) added.......................................1837
63.541--63.550 (Subpart X)  Revised; eff. 8-4-97...................32216
63.641  Amended.....................................................7938
63.646  (b)(2) revised..............................................7939
63.800  (a) revised; (b) introductory text and (3) amended.........30259
63.801  Amended....................................................30260
    Amended; eff. 8-8-97...........................................31363
63.800--63.808 (Subpart JJ)  Table 3 amended.......................30260
63.1311  (d) introductory text, (2) introductory text and (ii) 
        revised.....................................................1838
    (b) and (d) introductory text revised; (d)(6) added; eff. 7-
27-97..............................................................30995
63  Appendix A amended.......................................2793, 12549
    Appendix C revised..............................................2801
70  Appendix A amended......1399, 7941, 8883, 13833, 26407, 31519, 33011