[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2000 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    40


          Part 63 (Secs. 63.1--63.1199)

                         Revised as of July 1, 2000

Protection of Environment





          Containing a Codification of documents of general 
          applicability and future effect
          As of July 1, 2000
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

As a Special Edition of the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2000



               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........    1213
      Table of CFR Titles and Chapters........................    1217
      Alphabetical List of Agencies Appearing in the CFR......    1235
      List of CFR Sections Affected...........................    1245



[[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, 2000), 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). 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.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


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 or e-mail 
[email protected].

SALES

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

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Public Papers, 
Weekly Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format at www.access.gpo.gov/
nara (``GPO Access''). For more information, contact Electronic 
Information Dissemination Services, U.S. Government Printing Office. 
Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, 
[email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

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

July 1, 2000.



[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of twenty-four 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60, parts 61-62, part 63 (63.1-63.1199), part 63 
(63.1200-End), parts 64-71, 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, 2000.

    Chapter I--Environmental Protection Agency appears in all twenty-
four volumes. A Pesticide Tolerance Commodity/Chemical Index and Crop 
Grouping Commodities Index appear 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 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 part 63)

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

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

[[Page 3]]



               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY




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

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)

Part                                                                Page
63              National emission standards for hazardous 
                    air pollutants for source categories....           5


  Editorial Note: Subchapter C--Air Programs is contained in volumes 40 
CFR parts 50-51, part 52.01-52.1018, part 52.1019-end, parts 53-59, part 
60, parts 61-62, part 63 (63.1-63.1199), part (63.1200-End), parts 64-
71, parts 72-80, parts 81-85, part 86, and parts 87-135.

[[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.
63.406  Recordkeeping and reporting requirements.

[[Page 8]]


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--National Emission Standards for Hazardous Air Pollutants from 
                       the Pulp and Paper Industry

63.440  Applicability.
63.441  Definitions.
63.442  [Reserved]
63.443  Standards for the pulping system at kraft, soda, and semi-
          chemical processes.
63.444  Standards for the pulping system at sulfite processes.
63.445  Standards for the bleaching system.
63.446  Standards for kraft pulping process condensates.
63.447  Clean condensate alternative.
63.448-63.449  [Reserved]
63.450  Standards for enclosures and closed-vent systems.
63.451-63.452  [Reserved]
63.453  Monitoring requirements.
63.454  Recordkeeping requirements.
63.455  Reporting requirements.
63.456  [Reserved]
63.457  Test methods and procedures.
63.458  Delegation of authority.
63.459  [Reserved]

Table 1 to Subpart S--General Provisions Applicability to Subpart S

 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.
63.470  [Reserved]

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 dates and relationship of this subpart 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 equipment.
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 and heat exchange system provisions.
63.503  Emissions averaging provisions.
63.504  Additional requirements for performance testing.
63.505  Parameter monitoring levels and excursions.
63.506  General recordkeeping and reporting provisions.

Table 1 to Subpart U of Part 63--Applicability of General Provisions to 
          Subpart U Affected Sources

[[Page 9]]

Table 2 to Subpart U of Part 63--Applicability of Subparts F, G, & H of 
          this Part to Subpart U Affected Sources
Table 3 to Subpart U of Part 63--Group 1 Storage Vessels at Existing 
          Affected Sources
Table 4 to Subpart U of Part 63--Group 1 Storage Vessels at New Sources
Table 5 to Subpart U of Part 63--Known Organic HAP From the Production 
          of Elastomer Products
Table 6 to Subpart U of Part 63--Group 1 Batch Front-End Process Vents 
          and Aggregate Batch Vent Streams--Monitoring, Recordkeeping, 
          and Reporting Requirements
Table 7 to Subpart U of Part 63--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 of Part 63--Summary of Compliance Alternative 
          Requirements for the Back-End Process Provisions
Table 9 to Subpart U of Part 63--Routine Reports Required by This 
          Subpart

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.

Subpart Z [Reserved]

  Subpart AA--National Emission Standards for Hazardous Air Pollutants 
                From Phosphoric Acid Manufacturing Plants

63.600  Applicability.
63.601  Definitions.
63.602  Standards for existing sources.
63.603  Standards for new sources.
63.604  Operating requirements.
63.605  Monitoring requirements.
63.606  Performance tests and compliance provisions.
63.607  Notification, recordkeeping, and reporting requirements.
63.608  Applicability of general provisions.
63.609  Compliance dates.
63.610  Exemption from new source performance standards.

Appendix A to Subpart AA of Part 63--Applicability of General Provisions 
          (40 CFR Part 63, Subpart A) to Subpart AA

  Subpart BB--National Emission Standards for Hazardous Air Pollutants 
              From Phosphate Fertilizers Production Plants

63.620  Applicability
63.621  Definitions.
63.622  Standards for existing sources.
63.623  Standards for new sources.
63.624  Operating requirements.
63.625  Monitoring requirements.
63.626  Performance tests and compliance provisions.
63.627  Notification, recordkeeping, and reporting requirements.
63.628  Applicability of general provisions.
63.629  Miscellaneous requirements.
63.630  Compliance dates.
63.631  Exemption from new source performance standards.

Appendix A to Subpart BB of Part 63--Applicability of General Provisions 
          (40 CFR Part 63, Subpart A) to Subpart BB

[[Page 10]]

  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 Subpart A of This 
          Part 63--General Provisions to Subpart DD
Table 3 to Subpart DD--Tank Control Levels for Tanks at Existing 
          Affected Sources as Required by 40 CFR 63.685(b)(1)
Table 4 to Subpart DD--Tank Control Levels for Tanks at New Affected 
          Sources as Required by 40 CFR 63.685(b)(2)

Subpart EE--National Emission Standards for Magnetic Tape Manufacturing 
                               Operations

63.701  Applicability.
63.702  Definitions.
63.703  Standards.
63.704  Compliance and monitoring requirements.
63.705  Performance test methods and procedures to determine initial 
          compliance.
63.706  Recordkeeping requirements.
63.707  Reporting requirements.
63.708  Delegation of authority.

Table 1 to Subpart EE--Applicability of General Provisions to Subpart EE

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]

Table 1 to Subpart GG of Part 63--General Provisions Applicability to 
          Subpart GG
Appendix to Subpart GG of Part 63--Specialty Coating Definitions

  Subpart HH--National Emission Standards for Hazardous Air Pollutants 
             From Oil and Natural Gas Production Facilities

63.760  Applicability and designation of affected source.
63.761  Definitions.
63.762  Startups, shutdowns, and malfunctions.
63.763  [Reserved]

[[Page 11]]

63.764  General standards.
63.765  Glycol dehydration unit process vent standards.
63.766  Storage vessel standards.
63.767-63.768  [Reserved]
63.769  Equipment leak standards.
63.770  [Reserved]
63.771  Control equipment requirements.
63.772  Test methods, compliance procedures, and compliance 
          determinations.
63.773  Inspection and monitoring requirements.
63.774  Recordkeeping requirements.
63.775  Reporting requirements.
63.776  Delegation of authority.
63.777  Alternative means of emission limitation.
63.778-63.779  [Reserved]

Appendix to Subpart HH--Tables

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

Subpart LL--National Emission Standards for Hazardous Air Pollutants for 
                    Primary Aluminum Reduction Plants

63.840  Applicability.
63.841  Incorporation by reference.
63.842  Definitions.
63.843  Emission limits for existing sources.
63.844  Emission limits for new or reconstructed sources.
63.845  Incorporation of new source performance standards for potroom 
          groups.
63.846  Emission averaging.
63.847  Compliance provisions.
63.848  Emission monitoring requirements.
63.849  Test methods and procedures.
63.850  Notification, reporting, and recordkeeping requirements.
63.851  Regulatory authority review procedures.
63.852  Applicability of general provisions.
63.853  Delegation of authority.
63.854-63.859  [Reserved]

Table 1 to Subpart LL--Potline TF Limits for Emission Averaging
Table 2 to Subpart LL--Potline POM Limits for Emission Averaging
Table 3 to Subpart LL--Anode Bake Furnace Limits for Emission Averaging
Appendix A to Subpart LL--Applicability of General Provisions (40 CFR 
          Part 63, Subpart A) to Subpart LL

       Subpart OO--National Emission Standards for Tanks--Level 1

63.900  Applicability.
63.901  Definitions.
63.902  Standards--Tank fixed roof.

[[Page 12]]

63.903-63.904  [Reserved]
63.905  Test methods and procedures.
63.906  Inspection and monitoring requirements.
63.907  Recordkeeping requirements.

         Subpart PP--National Emission Standards for Containers

63.920  Applicability.
63.921  Definitions.
63.922  Standards--Container Level 1 controls.
63.923  Standards--Container Level 2 controls.
63.924  Standards--Container Level 3 controls.
63.925  Test methods and procedures.
63.926  Inspection and monitoring requirements.
63.927  Recordkeeping requirements.
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.

Subpart SS--National Emission Standards for Closed Vent Systems, Control 
 Devices, Recovery Devices and Routing to a Fuel Gas System or a Process

63.980  Applicability.
63.981  Definitions.
63.982  Requirements.
63.983  Closed vent systems.
63.984  Fuel gas systems and processes to which storage vessel, transfer 
          rack, or equipment leak regulated materials emissions are 
          routed.
63.985  Nonflare control devices used to control emissions from storage 
          vessels and low throughput transfer racks.
63.986  Nonflare control devices used for equipment leaks only.
63.987  Flare requirements.
63.988  Incinerators, boilers, and process heaters.
63.989  [Reserved]
63.990  Absorbers, condensers, and carbon adsorbers used as control 
          devices.
63.991-63.992  [Reserved]
63.993  Absorbers, condensers, carbon adsorbers and other recovery 
          devices used as final recovery devices.
63.994  Halogen scrubbers and other halogen reduction devices.
63.995  Other control devices.
63.996  General monitoring requirements for control and recovery 
          devices.
63.997  Performance test and compliance assessment requirements for 
          control devices.
63.998  Recordkeeping requirements.
63.999  Notifications and other reports.

  Subpart TT--National Emission Standards for Equipment Leaks--Control 
                                 Level 1

63.1000  Applicability.
63.1001  Definitions.
63.1002  Compliance assessment.
63.1003  Equipment identification.
63.1004  Instrument and sensory monitoring for leaks.
63.1005  Leak repair.
63.1006  Valves in gas and vapor service and in light liquid service 
          standards.
63.1007  Pumps in light liquid service standards.
63.1008  Connectors in gas and vapor service and in light liquid service 
          standards.
63.1009  Agitators in gas and vapor service and in light liquid service 
          standards.
63.1010  Pumps, valves, connectors, and agitators in heavy liquid 
          service; pressure relief devices in liquid service; and 
          instrumentation systems standards.
63.1011  Pressure relief devices in gas and vapor service standards.
63.1012  Compressor standards.
63.1013  Sampling connection systems standards.
63.1014  Open-ended valves or lines standards.
63.1015  Closed vent systems and control devices; or emissions routed to 
          a fuel gas system or process.
63.1016  Alternative means of emission limitation: Enclosed-vented 
          process units.
63.1017  Recordkeeping requirements.
63.1018  Reporting requirements.

  Subpart UU--National Emission Standards for Equipment Leaks--Control 
                            Level 2 Standards

63.1019  Applicability.
63.1020  Definitions.

[[Page 13]]

63.1021  Alternative means of emission limitation.
63.1022  Equipment identification.
63.1023  Instrument and sensory monitoring for leaks.
63.1024  Leak repair.
63.1025  Valves in gas and vapor service and in light liquid service 
          standards.
63.1026  Pumps in light liquid service standards.
63.1027  Connectors in gas and vapor service and in light liquid service 
          standards.
63.1028  Agitators in gas and vapor service and in light liquid service 
          standards.
63.1029  Pumps, valves, connectors, and agitators in heavy liquid 
          service; pressure relief devices in liquid service; and 
          instrumentation systems standards.
63.1030  Pressure relief devices in gas and vapor service standards.
63.1031  Compressors standards.
63.1032  Sampling connection systems standards.
63.1033  Open-ended valves or lines standards.
63.1034  Closed vent systems and control devices; or emissions routed to 
          a fuel gas system or process standards.
63.1035  Quality improvement program for pumps.
63.1036  Alternative means of emission limitation: Batch processes.
63.1037  Alternative means of emission limitation: Enclosed vented 
          process units or affected facilities.
63.1038  Recordkeeping requirements.
63.1039  Reporting requirements.

Table 1 to Subpart UU--Batch Processes Monitoring Frequency for 
          Equipment Other Than Connectors

  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  Standards--Pressurized separator.
63.1046  Test methods and procedures.
63.1047  Inspection and monitoring requirements.
63.1048  Recordkeeping requirements.
63.1049  Reporting requirements.

  Subpart WW--National Emission Standards for Storage Vessels (Tanks)--
                             Control Level 2

63.1060  Applicability.
63.1061  Definitions.
63.1062  Storage vessel control requirements.
63.1063  Floating roof requirements.
63.1064  Alternative means of emission limitation.
63.1065  Recordkeeping requirements.
63.1066  Reporting requirements.

Subpart XX  [Reserved]

Subpart YY--National Emission Standards for Hazardous Air Pollutants for 
    Source Categories: Generic Maximum Achievable Control Technology 
                                Standards

63.1100  Applicability.
63.1101  Definitions.
63.1102  Compliance schedule.
63.1103  Source category-specific applicability, definitions, and 
          requirements.
63.1104  Process vents from continuous unit operations: applicability 
          assessment procedures and methods.
63.1105  [Reserved]
63.1106  Wastewater provisions.
63.1107  Equipment leaks: applicability assessment procedures and 
          methods.
63.1108  Compliance with standards and operation and maintenance 
          requirements.
63.1109  Recordkeeping requirements.
63.1110  Reporting requirements.
63.1111  Startup, shutdown, and malfunction.
63.1112  Extension of compliance, and performance test, monitoring, 
          recordkeeping, and reporting waivers and alternatives.
63.1113  Procedures for approval of alternative means of emission 
          limitation.

Subparts ZZ--BBB  [Reserved]

 Subpart CCC--National Emission Standards for Hazardous Air Pollutants 
    for Steel Pickling--HCl Process Facilities and Hydrochloric Acid 
                           Regeneration Plants

63.1155  Applicability.
63.1156  Definitions.
63.1157  Emission standards for existing sources.
63.1158  Emission standards for new or reconstructed sources.
63.1159  Operational and equipment requirements for existing, new, or 
          reconstructed sources.
63.1160  Compliance dates and maintenance requirements.
63.1161  Performance testing and test methods.
63.1162  Monitoring requirements.
63.1163  Notification requirements.
63.1164  Reporting requirements.
63.1165  Recordkeeping requirements.
63.1166  Delegation of authority.
63.1167-63.1174  [Reserved]

Table 1 to Subpart CCC--Applicability of General Provisions (40 CFR part 
          63, subpart A) to subpart CCC

[[Page 14]]

 Subpart DDD--National Emission Standards for Hazardous Air Pollutants 
                       for Mineral Wool Production

63.1175  What is the purpose of this subpart?
63.1176  Where can I find definitions of key words used in this subpart?
63.1177  Am I subject to this subpart?

                                Standards

63.1178  For cupolas, what standards must I meet?
63.1179    For curing ovens, what standards must I meet?
63.1180  When must I meet these standards?

                        Compliance With Standards

63.1181  How do I comply with the particulate matter standards for 
          existing, new, and reconstructed cupolas?
63.1182  How do I comply with the carbon monoxide standards for new and 
          reconstructed cupolas?
63.1183  How do I comply with the formaldehyde standards for existing, 
          new, and reconstructed curing ovens?

                    Additional Monitoring Information

63.1184  What do I need to know about the design specifications, 
          installation, and operation of a bag leak detection system?
63.1185  How do I establish the average operating temperature of an 
          incinerator?
63.1186  How may I change the compliance levels of monitored parameters?
63.1187  What do I need to know about operations, maintenance, and 
          monitoring plans?

                      Performance Tests and Methods

63.1188  What performance test requirements must I meet?
63.1189  What test methods do I use?
63.1190  How do I determine compliance?

               Notification, Recordkeeping, and Reporting

63.1191  What notifications must I submit?
63.1192  What recordkeeping requirements must I meet?
63.1193  What reports must I submit?

                   Other Requirements and Information

63.1194  Which general provisions apply?
63.1195  Who enforces this subpart?
63.1196  What definitions should I be aware of?
63.1197-63.1199  [Reserved]

Table 1 to Subpart DDD of Part 63--Applicability of General Provisions 
          (40 CFR Part 63, Subpart A) to Subpart DDD of Part 63.
Appendix A to Subpart DDD of Part 63--Free Formaldehyde Analysis of 
          Insulation Resins by the Hydroxylamine Hydrochloride Method.

    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

[[Page 15]]

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 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

[[Page 16]]

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 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.

[[Page 17]]



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.
    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

[[Page 18]]

    (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 
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.

[[Page 19]]

    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 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

[[Page 20]]

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.
    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

[[Page 21]]

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 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,

[[Page 22]]

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
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
 = microgram = 10-6 gram
 = 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. H2 O = 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--

[[Page 23]]

    (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--
    (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.

[[Page 24]]

    (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 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;

[[Page 25]]

    (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
    (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

[[Page 26]]

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.
    (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

[[Page 27]]

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 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

[[Page 28]]

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 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

[[Page 29]]

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 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

[[Page 30]]

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))).
    (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

[[Page 31]]

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
    (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.

[[Page 32]]

    (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 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

[[Page 33]]

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 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

[[Page 34]]

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.
    (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

[[Page 35]]

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 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

[[Page 36]]

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 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

[[Page 37]]

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.
    (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

[[Page 38]]

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 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

[[Page 39]]

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 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--

[[Page 40]]

    (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 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:

[[Page 41]]

    (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 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

[[Page 42]]

(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.
    (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.

[[Page 43]]

    (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, 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

[[Page 44]]

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 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

[[Page 45]]

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 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.

[[Page 46]]

    (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;
    (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

[[Page 47]]

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 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

[[Page 48]]

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 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

[[Page 49]]

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
    (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

[[Page 50]]

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 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. For 
owners or operators complying with the requirements of 
Sec. 63.10(b)(2)(vii) (A) or (B), data averages must include any data 
recorded during periods of monitor breakdown or malfunction.

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999]



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

[[Page 51]]

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 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

[[Page 52]]

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) [Reserved]
    (v) A notification of the actual date of startup of the source, 
delivered or postmarked within 15 calendar days after that date.
    (5) After the effective date of any relevant standard established by 
the Administrator under this part, whether or not an approved permit 
program is effective in the State in which an affected source is (or 
would be) located, an owner or operator who intends to construct a new 
affected source or reconstruct an affected source subject to such 
standard, or reconstruct a source such that it becomes an affected 
source subject to such standard, shall notify the Administrator, in 
writing, of the intended construction or reconstruction. The 
notification shall be submitted as soon as practicable before the 
construction or reconstruction is planned to commence (but no sooner 
than the effective date of the relevant standard) if the construction or 
reconstruction commences after the effective date of a relevant standard 
promulgated in this part. The notification shall be submitted as soon as 
practicable before startup but no later than 60 days after the effective 
date of a relevant standard promulgated in this part if the construction 
or reconstruction had commenced and initial startup had not occurred 
before the standard's effective date. The notification shall include all 
the information required for an application for approval of construction 
or reconstruction as specified in Sec. 63.5(d). For major sources, the 
application for approval of construction or reconstruction may be used 
to fulfill the requirements of this paragraph.
    (c) Request for extension of compliance. If the owner or operator of 
an affected source cannot comply with a relevant standard by the 
applicable compliance date for that source, or if the owner or operator 
has installed BACT or technology to meet LAER consistent with 
Sec. 63.6(i)(5) of this subpart, he/she may submit to the Administrator 
(or the State with an approved permit program) a request for an 
extension of compliance as specified in Sec. 63.6(i)(4) through 
Sec. 63.6(i)(6).
    (d) Notification that source is subject to special compliance 
requirements. An owner or operator of a new source that is subject to 
special compliance requirements as specified in Sec. 63.6(b)(3) and 
Sec. 63.6(b)(4) shall notify the Administrator of his/her compliance 
obligations not later than the notification dates established in 
paragraph (b) of this section for new sources that are not subject to 
the special provisions.
    (e) Notification of performance test. The owner or operator of an 
affected source shall notify the Administrator in writing of his or her 
intention to conduct a performance test at least 60 calendar days before 
the performance test is scheduled to begin to allow the Administrator to 
review and approve the site-specific test plan required under 
Sec. 63.7(c), if requested by the Administrator, and to have an observer 
present during the test.
    (f) Notification of opacity and visible emission observations. The 
owner or operator of an affected source shall notify the Administrator 
in writing of the anticipated date for conducting the opacity or visible 
emission observations specified in Sec. 63.6(h)(5), if such observations 
are required for the source by a relevant standard. The notification 
shall be submitted with the notification of the performance test date, 
as

[[Page 53]]

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 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

[[Page 54]]

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 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

[[Page 55]]

in writing within 15 calendar days after the change.

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999]



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 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

[[Page 56]]

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);
    (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);
    (A) This paragraph applies to owners or operators required to 
install a continuous emissions monitoring system (CEMS) where the CEMS 
installed is automated, and where the calculated data averages do not 
exclude periods of CEMS breakdown or malfunction. An automated CEMS 
records and reduces the measured data to the form of the pollutant 
emission standard through the use of a computerized data acquisition 
system. In lieu of maintaining a file of all CEMS subhourly measurements 
as required under paragraph (b)(2)(vii) of this section, the owner or 
operator shall retain the most recent consecutive three averaging 
periods of subhourly measurements and a file that contains a hard copy 
of the data acquisition system algorithm used to reduce the measured 
data into the reportable form of the standard.
    (B) This paragraph applies to owners or operators required to 
install a CEMS where the measured data is manually reduced to obtain the 
reportable form of the standard, and where the calculated data averages 
do not exclude periods of CEMS breakdown or malfunction. In lieu of 
maintaining a file of all CEMS subhourly measurements as required under 
paragraph (b)(2)(vii) of this section, the owner or operator shall 
retain all subhourly measurements for the most recent reporting period. 
The subhourly measurements shall be retained for 120 days from the

[[Page 57]]

date of the most recent summary or excess emission report submitted to 
the Administrator.
    (C) The Administrator or delegated authority, upon notification to 
the source, may require the owner or operator to maintain all 
measurements as required by paragraph (b)(2)(vii), if the administrator 
or the delegated authority determines these records are required to more 
accurately assess the compliance status of the affected source.
    (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--
    (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);

[[Page 58]]

    (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 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

[[Page 59]]

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 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

[[Page 60]]

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) [Reserved]
    (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.
    (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

[[Page 61]]

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;
    (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

[[Page 62]]

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.

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999]



Sec. 63.11  Control device requirements.

    (a) Applicability. This section contains requirements for control 
devices used to comply with provisions in relevant standards. These 
requirements apply only to affected sources covered by relevant 
standards referring directly or indirectly to this section.
    (b) Flares. (1) Owners or operators using flares to comply with the 
provisions of this part shall monitor these control devices to assure 
that they are operated and maintained in conformance with their designs. 
Applicable subparts will provide provisions stating how owners or 
operators using flares shall monitor these control devices.
    (2) Flares shall be steam-assisted, air-assisted, or non-assisted.
    (3) Flares shall be operated at all times when emissions may be 
vented to them.
    (4) Flares shall be designed for and operated with no visible 
emissions, except for periods not to exceed a total of 5 minutes during 
any 2 consecutive hours. Test Method 22 in appendix A of part 60 of this 
chapter shall be used to determine the compliance of flares with the 
visible emission provisions of this part. The observation period is 2 
hours and shall be used according to Method 22.
    (5) Flares shall be operated with a flame present at all times. The 
presence of a flare pilot flame shall be monitored using a thermocouple 
or any other equivalent device to detect the presence of a flame.

[[Page 63]]

    (6) An owner/operator has the choice of adhering to the heat content 
specifications in paragraph (b)(6)(ii) of this section, and the maximum 
tip velocity specifications in paragraph (b)(7) or (b)(8) of this 
section, or adhering to the requirements in paragraph (b)(6)(i) of this 
section.
    (i)(A) Flares shall be used that have a diameter of 3 inches or 
greater, are nonassisted, have a hydrogen content of 8.0 percent (by 
volume) or greater, and are designed for and operated with an exit 
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity 
Vmax, as determined by the following equation:

Vmax=(XH2-K1)* K2

Where:

Vmax=Maximum permitted velocity, m/sec.
K1=Constant, 6.0 volume-percent hydrogen.
K2=Constant, 3.9(m/sec)/volume-percent hydrogen.
XH2=The volume-percent of hydrogen, on a wet basis, as 
calculated by using the American Society for Testing and Materials 
(ASTM) Method D1946-77. (Incorporated by reference as specified in 
Sec. 63.14).

    (B) The actual exit velocity of a flare shall be determined by the 
method specified in paragraph (b)(7)(i) of this section.
    (ii) 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 M/scm (200 Btu/scf) or greater if the flares 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] TR04MY98.004

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] TR04MY98.005


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,

[[Page 64]]

Vmax, for flares complying with this paragraph shall be 
determined by the following equation:

Log10(Vmax)=(HT+28.8)/31.7

Where:
Vmax=Maximum permitted velocity, m/sec.
28.8=Constant.
31.7=Constant.
HT=The net heating value as determined in paragraph (b)(6) of 
this section.

    (8) Air-assisted flares shall be designed and operated with an exit 
velocity less than the velocity Vmax. The maximum permitted 
velocity, Vmax, for air-assisted flares shall be determined 
by the following equation:

Vmax=8.71 = 0.708(HT)

Where:

Vmax=Maximum permitted velocity, m/sec.
8.71=Constant.
0.708=Constant.
HT=The net heating value as determined in paragraph 
(b)(6)(ii) of this section.

[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 24444, May 4, 1998]



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.

[[Page 65]]

    EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, Tennessee), Director, Air, Pesticides 
and Toxics, Management Division, 345 Courtland Street, NE., Atlanta, GA 
30365.
    EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, 
Wisconsin), Director, Air and Radiation Division, 77 West Jackson Blvd., 
Chicago, IL 60604-3507.
    EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 
Director, Air, Pesticides and Toxics, 1445 Ross Avenue, Dallas, TX 
75202-2733.
    EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and 
Toxics Division, 726 Minnesota Avenue, Kansas City, KS 66101.
    EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, 
Utah, Wyoming), Director, Air and Toxics Division, 999 18th Street, 1 
Denver Place, Suite 500, Denver, CO 80202-2405.
    EPA Region IX (Arizona, California, Hawaii, Nevada, American Samoa, 
Guam), Director, Air and Toxics Division, 75 Hawthorne Street, San 
Francisco, CA 94105.
    EPA Region X (Alaska, Idaho, Oregon, Washington), Director, Office 
of Air Quality, 1200 Sixth Avenue (OAQ-107), 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.

[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 66061, Dec. 1, 1998]



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, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; or 
University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI 
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.

[[Page 66]]

    (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.
    (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).
    (19) ASTM D2879-97, Standard Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope, IBR approved for Sec. 63.1251 of subpart GGG of 
this part.
    (20) ASTM D3574-91, Standard Test Methods for Flexible Cellular 
Materials--Slab, Bonded, and Molded Urethane Foams, IBR approved for 
Sec. 63.1304(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.
    (3) API Manual of Petroleum Measurement Specifications (MPMS) 
Chapter 19.2, Evaporative Loss From Floating-Roof Tanks (formerly API 
Publications 2517 and 2519), First Edition, April 1997, IBR approved for 
Sec. 63.1251 of subpart GGG 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, January 5, 1999, IBR approved for Sec. 63.99(a)(5)(ii) of 
subpart E of this part.
    (2) [Reserved]
    (e) The materials listed below are available for purchase from the 
National Institute of Standards and Technology, Springfield, VA 22161, 
(800) 553-6847.
    (1) Handbook 44, Specificiations, Tolerances, and Other Technical 
Requirements for Weighing and Measuring Devices 1998, IBR approved for 
Sec. 63.1303(e)(3).
    (2) [Reserved]
    (f) The following material is available from the National Council of 
the Paper Industry for Air and Stream Improvement, Inc. (NCASI), P. O. 
Box 133318, Research Triangle Park, NC 27709-3318 or at http://
www.ncasi.org: NCASI Method DI/MEOH-94.02, Methanol in Process Liquids 
GC/FID (Gas Chromatography/Flame Ionization Detection), August 1998, 
Methods Manual, NCASI, Research Triangle Park, NC, IBR approved for 
Sec. 63.457(c)(3)(ii) of subpart S of this part.
    (g) The materials listed below are available for purchase from AOAC 
International, Customer Services, Suite 400, 2200 Wilson Boulevard, 
Arlington, Virginia, 22201-3301, Telephone (703) 522-3032, Fax (703) 
522-5468.

[[Page 67]]

    (1) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, 
Automated Method, Sixteenth edition, 1995, IBR approved for 
Sec. 63.626(d)(3)(vi).
    (2) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, 
Alkalimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 
1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (3) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, 
Gravimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 
1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (4) AOAC Official Method 957.02 Phosphorus (Total) in Fertilizers, 
Preparation of Sample Solution, Sixteenth edition, 1995, IBR approved 
for Sec. 63.626(d)(3)(vi).
    (5) AOAC Official Method 929.01 Sampling of Solid Fertilizers, 
Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (6) AOAC Official Method 929.02 Preparation of Fertilizer Sample, 
Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (7) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, 
Spectrophotometric Molybdovanadophosphate Method, Sixteenth edition, 
1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (h) The materials listed below are available for purchase from The 
Association of Florida Phosphate Chemists, P.O. Box 1645, Bartow, 
Florida, 33830, Book of Methods Used and Adopted By The Association of 
Florida Phosphate Chemists, Seventh Edition 1991, IBR.
    (1) Section IX, Methods of Analysis for Phosphate Rock, No. 1 
Preparation of Sample, IBR approved for Sec. 63.606(c)(3)(ii) and 
Sec. 63.626(c)(3)(ii).
    (2) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus--P2O5 or 
Ca3(PO4)2, Method A-Volumetric Method, 
IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii).
    (3) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method B--Gravimetric 
Quimociac Method, IBR approved for Sec. 63.606(c)(3)(ii) and 
Sec. 63.626(c)(3)(ii).
    (4) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method C--Spectrophotometric 
Method, IBR approved for Sec. 63.606(c)(3)(ii) and 
Sec. 63.626(c)(3)(ii).
    (5) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A--Volumetric 
Method, IBR approved for Sec. 63.606(c)(3)(ii), Sec. 63.626(c)(3)(ii), 
and Sec. 63.626(d)(3)(v).
    (6) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method B--Gravimetric 
Quimociac Method, IBR approved for Sec. 63.606(c)(3)(ii), 
Sec. 63.626(c)(3)(ii), and Sec. 63.626(d)(3)(v).
    (7) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method, IBR approved for Sec. 63.606(c)(3)(ii), 
Sec. 63.626(c)(3)(ii), and Sec. 63.626(d)(3)(v).

[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; 62 FR 65024, Dec. 10, 1997; 63 FR 26465, May 13, 
1998; 63 FR 50326, Sept. 21, 1998; 63 FR 53996, Oct. 7, 1998; 64 FR 
4300, Jan. 28, 1999; 64 FR 17562, Apr. 12, 1999; 64 FR 31375, June 10, 
1999]



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.

[[Page 68]]

    (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.



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;

[[Page 69]]

    (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 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;

[[Page 70]]

    (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.
    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

[[Page 71]]

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 
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 respect to construction or 
reconstruction of major sources of HAP, no such case-by-case MACT 
determination shall take effect until after it has been submitted by the 
permitting authority in writing to the appropriate EPA Regional 
Adminstrator and the EPA Regional Administrator 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 
Administrator 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 implemented by the 
EPA Regional Administrator shall conform to all requirements established 
by Secs. 63.40 through 63.44, and shall remain in effect for no more 
than 30 months. 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

[[Page 72]]

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, as amended at 64 FR 35032, June 30, 1999]



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

[[Page 73]]

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 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;

[[Page 74]]

    (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.
    (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

[[Page 75]]

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 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,

[[Page 76]]

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 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

[[Page 77]]

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 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

[[Page 78]]

    (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, 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

[[Page 79]]

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 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 that 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, and 
for all major sources listed in the source category schedule for which a 
relevant standard is scheduled to be promulgated by November 15, 1997, 
the section 112(j) deadline is December 15, 1999.
    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; 64 
FR 26314, May 14, 1999]



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.

[[Page 80]]

    (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 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

[[Page 81]]

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 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

[[Page 82]]

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;
    (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

[[Page 83]]

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, 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

[[Page 84]]

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 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

[[Page 85]]

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 (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

[[Page 86]]

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.
    (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.

[[Page 87]]

    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 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).

[[Page 88]]

    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.
    (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

[[Page 89]]

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
    (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

[[Page 90]]

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;
    (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

[[Page 91]]

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 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

[[Page 92]]

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:
    (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

[[Page 93]]

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 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

[[Page 94]]

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 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:

[[Page 95]]

    (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, 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

[[Page 96]]

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 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

[[Page 97]]

Sec. 63.92, Sec. 63.93 or Sec. 63.94, where appropriate. For accidental 
release prevention programs, the criteria of Sec. 63.95 must also be 
met.
    Compliance and enforcement measures means requirements within a rule 
or program relating to compliance and enforcement, including but not 
necessarily limited to monitoring, test methods and procedures, 
recordkeeping, reporting, compliance certification, inspection, entry, 
sampling or accidental release prevention oversight.
    Level of control means the degree to which a rule or program 
requires a source to limit emissions or to employ design, equipment, 
work practice, operational, accident prevention or other requirements or 
techniques (including a prohibition of emissions) for:
    (1)(i) Each hazardous air pollutant, if individual pollutants are 
subject to emission limitations, and
    (ii) The aggregate total of hazardous air pollutants, if the 
aggregate grouping is subject to emission limitations, provided that the 
rule or program would not lead to an increase in risk to human health or 
the environment; and
    (2) Each substance regulated under section 112(r).
    Local agency means a local air pollution control agency or, for the 
purposes of Sec. 63.95, any local agency or entity having responsibility 
for preventing accidental releases which may occur at a source regulated 
under section 112(r).
    Program means, for the purposes of an approval under Sec. 63.94, a 
collection of State statutes, rules or other requirements which limits 
or will limit the emissions of hazardous air pollutants from affected 
sources.
    Stringent or stringency means the degree of rigor, strictness or 
severity a statute, rule, emission standard or requirement imposes on an 
affected source as measured by the quantity of emissions, or as measured 
by parameters relating to rule applicability and level of control, or as 
otherwise determined by the Administrator.
    (b) Local agency coordination with state and territorial agencies. 
Local agencies submitting a rule or program for 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

[[Page 98]]

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 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

[[Page 99]]

Sec. 70.7(f) of this chapter. Operating permit conditions resulting from 
any otherwise applicable Federal section 112 rules, emission standards 
or requirements will not be expressed in the State's part 70 permits or 
otherwise implemented or enforced by the State or by the EPA unless and 
until authority to enforce the approved State rule or program is 
withdrawn from the State under Sec. 63.96. In the event approval is 
withdrawn under Sec. 63.96, all otherwise applicable Federal rules and 
requirements shall be enforceable in accordance with the compliance 
schedule established in the withdrawal notice and relevant part 70 
permits shall be revised according to the provisions of Sec. 70.7(f) of 
this chapter.
    (b) Criteria for approval. Any request for approval under this 
subpart shall meet all section 112(l) approval criteria specified by the 
otherwise applicable Federal rule, emission standard or requirements and 
all of the approval criteria of this section. The State shall provide 
the Administrator with the following.
    (1) A written finding by the State Attorney General (or for a local 
agency, the General Counsel with full authority to represent the local 
agency) that the State has the necessary legal authority to implement 
and to enforce the State rule or program upon approval and to assure 
compliance by all sources within the State with each applicable section 
112 rule, emission standard or requirement. At a minimum, the State must 
have the following legal authorities concerning enforcement:
    (i) The State shall have enforcement authorities that meet the 
requirements of Sec. 70.11 of this chapter.
    (ii) The State shall have authority to request information from 
regulated sources regarding their compliance status.
    (iii) The State shall have authority to inspect sources and any 
records required to determine a source's compliance status.
    (iv) If a State delegates authorities to a local agency, the State 
must retain enforcement authority unless the local agency has 
authorities that meet the requirements of Sec. 70.11 of this chapter.
    (2) A copy of State statutes, regulations and other requirements 
that contain the appropriate provisions granting authority to implement 
and enforce the State rule or program upon approval.
    (3) A demonstration that the State has adequate resources to 
implement and enforce all aspects of the rule or program upon approval, 
which includes:
    (i) A description in narrative form of the scope, structure, 
coverage and processes of the State program;
    (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

[[Page 100]]

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.
    (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;

[[Page 101]]

    (v) Adding to the amount of information required for records or 
reports;
    (vi) Decreasing the amount of time to come into compliance;
    (vii) Subjecting additional emission points or sources within a 
source category to control requirements; and
    (viii) Any adjustments allowed in a specific section 112 rule.



Sec. 63.93  Approval of State authorities that substitute for a section 112 rule.

    Under this section a State may seek approval of State authorities 
which differ in form from a Federal section 112 rule for which they 
would substitute, such that the State authorities do not qualify for 
approval under Sec. 63.92.
    (a) Approval process. (1) Within 45 days after receipt of a complete 
request for approval under this section, the Administrator will seek 
public comment for a minimum of 30 days on the State request for 
approval. The Administrator will require that comments be submitted 
concurrently to the State.
    (2) If, after review of public comments and any State responses to 
comments submitted to the Administrator within 30 days of the close of 
the public comment period, the Administrator finds that the criteria of 
this section and the criteria of Sec. 63.91 are met, the State 
authorities will be approved by the Administrator under this section and 
the approved authorities will be published in the Federal Register and 
incorporated directly or by reference, in the appropriate subpart of 
part 63. Authorities approved under Sec. 63.95 will be incorporated 
pursuant to requirements under section 112(r).
    (3) If the Administrator finds that any of the requirements of this 
section or Sec. 63.91 have not been met, the Administrator will 
disapprove the State authorities.
    (4) Authorities submitted for approval under this section shall 
include either:
    (i) State rules or other requirements enforceable under State law 
that would substitute for a section 112 rule; or
    (ii)(A) The specific permit terms and conditions for the source or 
set of sources in the source category for which the State is requesting 
approval under this section, including control requirements and 
compliance and enforcement measures, that would substitute for the 
permit terms and conditions imposed by the otherwise applicable section 
112 rule for such source or set of sources.
    (B) The Administrator will approve authorities specified under 
paragraph (a)(4)(ii)(A) of this section only when the State submitting 
the request already has an approved program under Sec. 63.94, the 
Federal standard for the source category has been promulgated 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.

[[Page 102]]

    (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 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

[[Page 103]]

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
    (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.

[[Page 104]]

    (b) Withdrawal of approval of a state rule or program. (1) If the 
Administrator has reason to believe that a State is not adequately 
implementing or enforcing an approved rule or program according to the 
criteria of this section or that an approved rule or program is not as 
stringent as the otherwise applicable Federal rule, emission standard or 
requirements, the Administrator will so inform the State in writing and 
will identify the reasons why the Administrator believes that the 
State's rule or program is not adequate. The State shall then initiate 
action to correct the deficiencies identified by the Administrator and 
shall inform the Administrator of the actions it has initiated and 
completed. If the Administrator determines that the State's actions are 
not adequate to correct the deficiencies, the Administrator will notify 
the State that the Administrator intends to withdraw approval and will 
hold a public hearing and seek public comment on the proposed withdrawal 
of approval. The Administrator will require that comments be submitted 
concurrently to the State. Upon notification of the intent to withdraw, 
the State will notify all sources subject to the relevant approved rule 
or program that withdrawal proceedings have been initiated.
    (2) Based on any public comment received and any response to that 
comment by the State, the Administrator will notify the State of any 
changes in identified deficiencies or actions needed to correct 
identified deficiencies. If the State does not correct the identified 
deficiencies within 90 days after receiving revised notice of 
deficiencies, the Administrator shall withdraw approval of the State's 
rule or program upon a determination that:
    (i) The State no longer has adequate authorities to assure 
compliance or resources to implement and enforce the approved rule or 
program, or
    (ii) The State is not adequately implementing or enforcing the 
approved rule or program, or
    (iii) An approved rule or program is not as stringent as the 
otherwise applicable Federal rule, emission standard or requirement.
    (3) The Administrator may withdraw approval for part of a rule, for 
a rule, for part of a program, or for an entire program.
    (4) Any State rule, program or portion of a State rule or program 
for which approval is withdrawn is no longer Federally enforceable. The 
Federal rule, emission standard or requirement that would have been 
applicable in the absence of approval under this subpart will be the 
federally enforceable rule, emission standard or requirement.
    (i) Upon withdrawal of approval, the Administrator will publish an 
expeditious schedule for sources subject to the previously approved 
State rule or program to come into compliance with applicable Federal 
requirements. Such schedule shall include interim emission 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.

[[Page 105]]

    (6) A State may submit a new rule, program or portion of a rule or 
program for approval after the Administrator has withdrawn approval of 
the State's rule, program or portion of a rule or program. The 
Administrator will determine whether the new rule or program or portion 
of a rule or program is approvable according to the criteria and 
procedures of Sec. 63.91 and either of Sec. 63.92, Sec. 63.93 or 
Sec. 63.94.
    (7) A State may voluntarily withdraw from an approved State rule, 
program or portion of a rule or program by notifying the EPA and all 
affected sources subject to the rule or program and providing notice and 
opportunity for comment to the public within the State.
    (i) Upon voluntary withdrawal by a State, the Administrator will 
publish a timetable for sources subject to the previously approved State 
rule or program to come into compliance with applicable Federal 
requirements.
    (ii) Upon voluntary withdrawal, the State must reopen and revise the 
part 70 permits of all sources affected by the withdrawal as provided 
for in this section and Sec. 70.7(f), and the Federal rule, emission 
standard, or requirement that would have been applicable in the absence 
of approval under this subpart will become the applicable requirement 
for the source.
    (iii) Any applicable Federal section 112 rule, emission standard or 
requirement shall remain enforceable by the EPA as specified in section 
112(l)(7) of the Act.
    (iv) Voluntary withdrawal shall not be effective sooner than 180 
days after the State notifies the EPA of its intent to voluntarily 
withdraw.



Secs. 63.97-63.98  [Reserved]



Sec. 63.99  Delegated Federal authorities.

    (a) This section lists the specific source categories that have been 
delegated to the air pollution control agencies in each State under the 
procedures described in this subpart.
    (1) [Reserved]
    (2) Alaska.
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the Alaska Department of Environmental 
Conservation. The (X) symbol is used to indicate each subpart that has 
been delegated.

                                 Delegation Status for Part 63 Standards--Alaska
----------------------------------------------------------------------------------------------------------------
                                                                                                      Alaska
                                                                                                  Department of
                    Subpart                                                                       Environmental
                                                                                                 Conservation (1/
                                                                                                      18/97)
----------------------------------------------------------------------------------------------------------------
A.............................................  General Provisions \1\.........................               X
D.............................................  Early Reductions...............................               X
F.............................................  HON-SOCMI......................................
G.............................................  HON-Process Vents..............................
H.............................................  HON-Equipment Leaks............................
I.............................................  HON-Negotiated Leaks...........................
L.............................................  Coke Oven Batteries............................
M.............................................  Perc Dry Cleaning..............................               X
N.............................................  Chromium Electroplating........................           X \2\
O.............................................  Ethylene Oxide Sterilizers.....................
Q.............................................  Industrial Process Cooling Towers..............               X
R.............................................  Gasoline Distribution..........................               X
S.............................................  Pulp and Paper.................................
T.............................................  Halogenated Solvent Cleaning...................               X
U.............................................  Polymers and Resins I..........................
W.............................................  Polymers and Resins II-Epoxy...................
X.............................................  Secondary Lead Smelting........................
Y.............................................  Marine Tank Vessel Loading.....................               X
CC............................................  Petroleum Refineries...........................               X
DD............................................  Off-Site Waste and Recovery....................               X
EE............................................  Magnetic Tape Manufacturing....................
GG............................................  Aerospace Manufacturing & Rework...............
II............................................  Shipbuilding and Ship Repair...................               X
JJ............................................  Wood Furniture Manufacturing Operations........               X
KK............................................  Printing and Publishing Industry...............               X
LL............................................  Primary Aluminum...............................
OO............................................  Tanks--Level 1.................................
PP............................................  Containers.....................................
QQ............................................  Surface Impoundments...........................

[[Page 106]]

 
RR............................................  Individual Drain Systems.......................
VV............................................  Oil-Water Separators and Organic-Water
                                                 Separators.
EEE...........................................  Hazardous Waste Combustors.....................
JJJ...........................................  Polymers and Resins IV.........................
----------------------------------------------------------------------------------------------------------------
\1\ Authorities which are not delegated include: 40 CFR 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval
  of major alternatives to test methods; 63.8(f) for approval of major alternatives to monitoring; 63.10(f); and
  all authorities identified in the subparts (i.e., under ``Delegation of Authority'') that cannot be delegated.
  For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see memorandum
  from John Seitz, Office of Air Quality Planning and Standards, dated July, 10, 1998, entitled, ``Delegation of
  40 CFR Part 63 General Provisions Authorities to State and Local Air Pollution Control Agencies.''
\2\ Alaska received delegation for Subpart N (Chromium Electroplating) as it applies to sources required to
  obtain an operating permit under Alaska's regulations. EPA retains the authority for implementing and
  enforcing Subpart N for area source chromium electroplating and anodizing operations which have been exempted
  from Part 70 permitting in 40 CFR 63.340(e)(1).

    (ii) [Reserved]

    Note to paragraph (a)(2):
    The date in parenthesis indicates the effective date of the federal 
rules that have been adopted by and delegated to the Alaska Department 
of Environmental Conservation. Therefore, any amendments made to these 
delegated rules after this effective date are not delegated to the 
agency.
    (3) Arizona. The following table lists the specific Part 63 
standards that have been delegated unchanged to the air pollution 
control agencies in the State of Arizona. The (X) symbol is used to 
indicate each category that has been delegated.

                                Delegation Status for Part 63 Standards--Arizona
----------------------------------------------------------------------------------------------------------------
           Subpart                           Description               ADEQ \1\  MCESD \2\  PDEQ \3\  PCAQCD \4\
----------------------------------------------------------------------------------------------------------------
A............................  General Provisions....................        X          X         X           X
F............................  Synthetic Organic Chemical                    X          X         X           X
                                Manufacturing Industry.
G............................  Synthetic Organic Chemical                    X          X         X           X
                                Manufacturing Industry: Process
                                Vents, Storage Vessels, Transfer
                                Operations, and Wastewater.
H............................  Organic Hazardous Air Pollutants:             X          X         X           X
                                Equipment Leaks.
I............................  Organic Hazardous Air Pollutants:             X          X         X           X
                                Certain Processes Subject to the
                                Negotiated Regulation for Equipment
                                Leaks.
L............................  Coke Oven Batteries...................        X          X         X           X
M............................  Perchloroethylene Dry Cleaning........        X          X         X           X
N............................  Hard and Decorative Chromium                  X          X         X           X
                                Electroplating and Chromium Anodizing
                                Tanks.
O............................  Ethylene Oxide Sterilization                  X          X         X           X
                                Facilities.
Q............................  Industrial Process Cooling Towers.....        X          X         X           X
R............................  Gasoline Distribution Facilities......        X          X         X           X
S............................  Pulp and Paper Industry...............        X   .........  ........  ..........
T............................  Halogenated Solvent Cleaning..........        X          X         X           X
U............................  Group I Polymers and Resins...........        X          X   ........          X
W............................  Epoxy Resins Production and Non-Nylon         X          X         X           X
                                Polyamides Production.
X............................  Secondary Lead Smelting...............        X          X         X           X
CC...........................  Petroleum Refineries..................        X          X         X           X
DD...........................  Off-Site Waste and Recovery Operations        X          X   ........          X
EE...........................  Magnetic Tape Manufacturing Operations        X          X         X           X
GG...........................  Aerospace Manufacturing and Rework            X          X         X           X
                                Facilities.
JJ...........................  Wood Furniture Manufacturing                  X          X         X           X
                                Operations.
KK...........................  Printing and Publishing Industry......        X          X         X           X
LL...........................  Primary Aluminum Reduction Plants.....        X   .........  ........  ..........
OO...........................  Tanks--Level 1........................        X          X   ........          X
PP...........................  Containers............................        X          X   ........          X
QQ...........................  Surface Impoundments..................        X          X   ........          X
RR...........................  Individual Drain Systems..............        X          X   ........          X
VV...........................  Oil-Water Separators and Organic-Water        X          X   ........          X
                                Separators.
EEE..........................  Hazardous Waste Combustors............        X   .........  ........  ..........
JJJ..........................  Group IV Polymers and Resins..........        X          X   ........         X
----------------------------------------------------------------------------------------------------------------
\1\ Arizona Department of Environmental Quality.
\2\ Maricopa County Environmental Services Department.
\3\ Pima County Department of Environmental Quality.
\4\ Pinal County Air Quality Control District.


[[Page 107]]

    (4) [Reserved]
    (5) California
    (i) [Reserved]
    (ii) Affected sources must comply with the California Regulatory 
Requirements Applicable to the Air Toxics Program, January 5, 1999 
(incorporated by reference as specified in Sec. 63.14) as described as 
follows:
    (A) The material incorporated in Chapter 1 of the California 
Regulatory Requirements Applicable to the Air Toxics Program (California 
Code of Regulations Title 17, section 93109) pertains to the 
perchloroethylene dry cleaning source category in the State of 
California, 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 California Code of Regulations Title 17, section 
93109, in lieu of 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.
    (B) The material incorporated in Chapter 2 of the California 
Regulatory Requirements Applicable to the Air Toxics Program (San Luis 
Obispo County Air Pollution Control District Rule 432) pertains to the 
perchloroethylene dry cleaning source category in the San Luis Obispo 
County Air Pollution Control District, 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) San Luis Obispo County Air Pollution Control District is not 
delegated the Administrator's authority to implement and enforce Rule 
432 in lieu of 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) San Luis Obispo County Air Pollution Control District 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 B.17, G.3.a.5, G.3.b.2.iii, and I of Rule 432, must also 
receive approval from the Administrator before using such alternative 
means of emission limitation for the purpose of complying with section 
112.
    (C) The material incorporated in Chapter 3 of the California 
Regulatory Requirements Applicable to the Air Toxics Program (South 
Coast Air Quality Management District Rule 1421) pertains to the 
perchloroethylene dry cleaning source category in the South Coast Air 
Quality Management District, 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) South Coast Air Quality Management District is not delegated the 
Administrator's authority to implement and enforce Rule 1421 in lieu of 
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) South Coast Air Quality Management District 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 (c)(17), 
(d)(3)(A)(v), (d)(4)(B)(ii)(III), and

[[Page 108]]

(j) of Rule 1421, must also receive approval from the Administrator 
before using such alternative means of emission limitation for the 
purpose of complying with section 112.
    (D) The material incorporated in Chapter 4 of the California 
Regulatory Requirements Applicable to the Air Toxics Program (Yolo-
Solano Air Quality Management District Rule 9.7) pertains to the 
perchloroethylene dry cleaning source category in the Yolo-Solano Air 
Quality Management District, 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) Yolo-Solano Air Quality Management District is not delegated the 
Administrator's authority to implement and enforce Rule 9.7 in lieu of 
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) Yolo-Solano Air Quality Management District 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 216, 
301.3.a(v), 301.3.b(ii)(c), and 502 of Rule 9.7, must also receive 
approval from the Administrator before using such alternative means of 
emission limitation for the purpose of complying with section 112.
    (E) The material incorporated in Chapter 5 of the California 
Regulatory Requirements Applicable to the Air Toxics Program (California 
Code of Regulations, Title 17, section 93102) pertains to the chromium 
electroplating and anodizing source category in the State of California, 
and has been approved under the procedures in Sec. 63.93 to be 
implemented and enforced in place of subpart N--National Emission 
Standards for Chromium Emissions from Hard and Decorative Chromium 
Electroplating and Chromium Anodizing Tanks.
    (1) Title V requirements. Subpart N affected sources remain subject 
to both the Title V permitting requirements of Sec. 63.340(e)(2) and, 
for major sources, the semi-annual submission of the ongoing compliance 
status reports as required by Sec. 63.347(g).
    (2) Limits on maximum cumulative potential rectifier usage. Section 
93102(h)(7)(B) of the California Airborne Toxic Control Measure allows 
facilities with a maximum cumulative potential rectifier capacity of 
greater than 60 million ampere-hours per year to be considered small or 
medium by accepting a limit on the maximum cumulative potential 
rectifier usage. All such usage limits in non-Title V operating permits 
are federally-enforceable for the purpose of this rule substitution.
    (3) Permitting Agencies' breakdown/malfunction rules. Section 
93102(i)(4) of the California Airborne Toxic Control Measure provides 
that the owner or operator shall report breakdowns as required by the 
permitting agency's breakdown rule. Under this rule substitution, the 
permitting agencies' breakdown rules do not override or supplant the 
requirements of section 93102(g)(4), (h)(5), (h)(6), (i)(3)(B), or 
Appendix 3; neither expand the scope nor extend the time-frame of a 
breakdown beyond the definition of section 93102(b)(7); and do not grant 
the permitting agencies the authority to determine whether a breakdown 
has occurred, to grant emergency variances, or to decide to take no 
enforcement action. Owners or operators must submit written breakdown 
reports even if the permitting agency has not formally requested such 
reports.
    (4) Performance Test Requirements. Section 93102(d)(3)(A) of the 
California Airborne Toxic Control Measure allows the use of California 
Air Resources Board Method 425, dated July 28, 1997, and South Coast Air 
Quality Management District Method 205.1, dated August 1991, for 
determining chromium emissions. Any alternatives, modifications, or 
variations to these test methods must be approved under the procedures 
in section 93102(k) of the California Airborne Toxic Control Measure.
    (6)-(27) [Reserved]
    (28) Nevada.
    (i) The following table lists the specific part 63 standards that 
have been

[[Page 109]]

delegated unchanged to the air pollution control agencies in the State 
of Nevada. The (X) symbol is used to indicate each category that has 
been delegated.

             Delegation Status for Part 63 Standards--Nevada
------------------------------------------------------------------------
    Subpart            Description        NDEP \1\  WCDHD \2\   CCHD \3\
------------------------------------------------------------------------
A..............  General Provisions....         X          X
M..............  Perchloroethylene Dry          X          X
                  Cleaning.
N..............  Hard and Decorative            X          X
                  Chromium
                  Electroplating and
                  Chromium Anodizing
                  Tanks.
O..............  Ethylene Oxide          .........         X
                  Sterilization
                  Facilities.
Q..............  Industrial Process             X
                  Cooling Towers.
R..............  Gasoline Distribution   .........         X
                  Facilities.
T..............  Halogenated Solvent            X          X
                  Cleaning.
JJ.............  Wood Furniture                 X
                  Manufacturing
                  Operations.
KK.............  Printing and                   X          X
                  Publishing Industry.
OO.............  Tanks--Level 1........         X
PP.............  Containers............         X
QQ.............  Surface Impoundments..         X
RR.............  Individual Drain               X
                  Systems.
VV.............  Oil-Water Separators           X
                  and Organic-Water
                  Separators.
------------------------------------------------------------------------
\1\ Nevada Department of Environmental Protection.
\2\ Washoe County District Health Department.
\3\ Clark County Health Department.

    (ii) [Reserved]
    (29)-(46) [Reserved]
    (47) Washington.
    (i) The following table lists the specific Part 63 standards that 
have been delegated unchanged to state and local air pollution control 
agencies in Washington. The (X) symbol is used to indicate each subpart 
that has been delegated.

[[Page 110]]



                                                   Delegation Status for Part 63 Standards--Washington
--------------------------------------------------------------------------------------------------------------------------------------------------------
       Subpart                Description         E c o l o g y1   B C A A2   N W A P A3  O A P C A4  P S C A A5  S C A P C A6  S W A P C A7  Y R C A A8
--------------------------------------------------------------------------------------------------------------------------------------------------------
A....................  General Provisions 9.....  ..............  ..........          X   ..........          X   ............           X    ..........
D....................  Early Reductions.........  ..............  ..........          X   ..........          X   ............           X    ..........
F....................  HON-SOCMI................  ..............  ..........          X   ..........          X   ............           X    ..........
G....................  HON-Process Vents........  ..............  ..........          X   ..........          X   ............           X    ..........
H....................  HON-Equipment Leaks......  ..............  ..........          X   ..........          X   ............           X    ..........
I....................  HON-Negotiated Leaks.....  ..............  ..........          X   ..........          X   ............           X    ..........
L....................  Coke Oven Batteries......  ..............  ..........          X   ..........          X   ............           X    ..........
M....................  Perc Dry Cleaning........  ..............  ..........          X   ..........          X   ............           X    ..........
N....................  Chromium Electroplating..  ..............  ..........          X   ..........          X   ............           X    ..........
O....................  Ethylene Oxide             ..............  ..........          X   ..........          X   ............           X    ..........
                        Sterilizers.
Q....................  Industrial Process         ..............  ..........          X   ..........          X   ............           X    ..........
                        Cooling Towers.
R....................  Gasoline Distribution....  ..............  ..........          X   ..........          X   ............           X    ..........
S....................  Pulp and Paper 10........  ..............  ..........          X   ..........          X   ............           X    ..........
T....................  Halogenated Solvent        ..............  ..........          X   ..........          X   ............           X    ..........
                        Cleaning.
U....................  Polymers and Resins I....  ..............  ..........          X   ..........          X   ............           X    ..........
W....................  Polymers and Resins II--   ..............  ..........          X   ..........          X   ............           X    ..........
                        Epoxy.
X....................  Secondary Lead Smelting..  ..............  ..........          X   ..........          X   ............           X    ..........
Y....................  Marine Tank Vessel         ..............  ..........          X   ..........          X   ............           X    ..........
                        Loading.
AA...................  Phosphoric Acid            ..............  ..........          X   ..........          X   ............  ............  ..........
                        Manufacturing Plants.
BB...................  Phosphate Fertilizers      ..............  ..........          X   ..........          X   ............  ............  ..........
                        Production Plants.
CC...................  Petroleum Refineries.....  ..............  ..........          X   ..........          X   ............           X    ..........
DD...................  Off-Site Waste and         ..............  ..........          X   ..........          X   ............           X    ..........
                        Recovery.
EE...................  Magnetic Tape              ..............  ..........          X   ..........          X   ............           X    ..........
                        Manufacturing.
GG...................  Aerospace Manufacturing &  ..............  ..........          X   ..........          X   ............           X    ..........
                        Rework.
HH...................  Oil and Natural Gas        ..............  ..........          X   ..........          X   ............  ............  ..........
                        Production Facilities.
II...................  Shipbuilding and Ship      ..............  ..........          X   ..........          X   ............           X    ..........
                        Repair.
JJ...................  Wood Furniture             ..............  ..........          X   ..........          X   ............           X    ..........
                        Manufacturing Operations.
KK...................  Printing and Publishing    ..............  ..........          X   ..........          X   ............           X    ..........
                        Industry.
LL...................  Primary Aluminum 11......  ..............  ..........          X   ..........          X   ............  ............  ..........
OO...................  Tanks--Level 1...........  ..............  ..........          X   ..........          X   ............  ............  ..........
PP...................  Containers...............  ..............  ..........          X   ..........          X   ............  ............  ..........
QQ...................  Surface Impoundments.....  ..............  ..........          X   ..........          X   ............  ............  ..........
RR...................  Individual Drain Systems.  ..............  ..........          X   ..........          X   ............  ............  ..........
SS...................  Closed Vent Systems,       ..............  ..........          X   ..........          X   ............  ............  ..........
                        Control Devices,
                        Recovery Devices and
                        Routing to a Fuel Gas
                        System or Process.
TT...................  Equipment Leaks--Control   ..............  ..........          X   ..........          X   ............  ............  ..........
                        Level 1.
UU...................  Equipment Leaks--Control   ..............  ..........          X   ..........          X   ............  ............  ..........
                        Level 2.
VV...................  Oil--Water Separators and  ..............  ..........          X   ..........          X   ............  ............  ..........
                        Organic-Water Separators.
WW...................  Storage Vessels (Tanks)--  ..............  ..........          X   ..........          X   ............  ............  ..........
                        Control Level 2.
YY...................  Source Categories:         ..............  ..........          X   ..........          X   ............  ............  ..........
                        Generic MACT.
CCC..................  Steel Pickling--HCI        ..............  ..........          X   ..........          X   ............  ............  ..........
                        Process Facilities and
                        Hydrochloric Acid
                        Regeneration Plants.
DDD..................  Mineral Wood Production..  ..............  ..........          X   ..........          X   ............  ............  ..........
EEE..................  Hazardous Waste            ..............  ..........          X   ..........          X   ............  ............  ..........
                        Cumbustors.
GGG..................  Pharmaceuticals            ..............  ..........          X   ..........          X   ............  ............  ..........
                        Production.
HHH..................  Natural Gas Transmission   ..............  ..........          X   ..........          X   ............  ............  ..........
                        and Storage Facilities.

[[Page 111]]

 
III..................  Flexible Polyurethane      ..............  ..........          X   ..........          X   ............  ............  ..........
                        Foam Production.
JJJ..................  Polymers and Resins IV...  ..............  ..........          X   ..........          X   ............           X    ..........
LLL..................  Portland Cement            ..............  ..........          X   ..........          X   ............  ............  ..........
                        Manufacturing.
MMM..................  Pesticide Active           ..............  ..........          X   ..........          X   ............  ............  ..........
                        Ingredient Production.
NNN..................  Wood Fiberglass            ..............  ..........          X   ..........          X   ............  ............  ..........
                        Manufacturing.
PPP..................  Polyether Polyols          ..............  ..........          X   ..........          X   ............  ............  ..........
                        Production.
TTT..................  Primaryl Lead Smelting...  ..............  ..........          X   ..........          X   ............  ............  ..........
XXX..................  Ferroalloys Production:    ..............  ..........          X   ..........          X   ............  ............  ..........
                        Ferromanganese &
                        Silicomanganese.
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Washington Department of Ecology
2 Benton Clean Air Authority
3 Northwest Air Pollution Authority (7/1/99)
4 Olympic Air Pollution Control Authority
5 Puget Sound Clean Air Agency (7/1/99)
6 Spokane County Air Pollution Control Authority
7 Southwest Air Pollution Control Authority (8/1/98)
8 Yakima Regional Clean Air Authority
9 Authorities which may not be delegated include: 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major alternatives to test methods;
  63.8(f) for approval of major alternatives to monitoring; 63.10(f); and all authorities identified in the subparts (i.e., under ``Delegation of
  Authority'') that cannot be delegated. For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see memorandum
  from John Seitz, Office of Air Quality Planning and Standards, dated July, 10, 1998, entitled, ``Delegation of 40 CFR Part 63 General Provisions
  Authorities to State and Local Air Pollution Control Agencies.''
10 Subpart S is delegated to these agencies as applies to all applicable facilities and processes as defined in 40 CFR 63.440, except kraft and sulfite
  pulping mills. The Washington Department of Ecology (Ecology) retains the authority to regulate kraft and sulfite pulping mills in the State of
  Washington, pursuant to Washington Administrative Code (WAC) 173-405-012 and 173-410-012.
11 Subpart LL cannot be delegated to any local agencies in Washington because Ecology retains the authority to regulate primary aluminum plants,
  pursuant to WAC 173-415-012.



[[Page 112]]

    Note to paragraph (a)(47): Dates in parenthesis indicate the 
effective date of the federal rules that have been adopted by and 
delegated to the state or local air pollution control agency. Therefore, 
any amendments made to these delegated rules after this effective date 
are not delegated to the agency.

[61 FR 25399, May 21, 1996, as amended at 62 FR 65025, Dec. 10, 1997; 63 
FR 26466, May 13, 1998; 63 FR 28909, May 27, 1998; 63 FR 63993, Nov. 18, 
1998; 63 FR 66061, Dec. 1, 1998; 64 FR 4300, Jan. 28, 1999; 64 FR 12766, 
Mar. 15, 1999; 64 FR 19721, Apr. 22, 1999; 64 FR 24291, May 6, 1999; 64 
FR 34563, June 28, 1999; 65 FR 10395, Feb. 28, 2000; 65 FR 11233, Mar. 
2, 2000]



    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 paragraphs (b)(1)(i) or (b)(1)(ii) of this section.
    (i) One or more of the chemicals listed in table 1 of this subpart; 
or
    (ii) One or more of the chemicals listed in paragraphs (b)(1)(ii)(A) 
or (b)(1)(ii)(B) of this section:
    (A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or
    (B) Crotonaldehyde (CAS Number 123-73-9).
    (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) 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

[[Page 113]]

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), (d)(3), and (d)(4) 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 producing one or more chemicals 
listed in table 1 of this subpart, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following April 22, 1994 and for new sources based on the 
expected utilization for the first five years after initial start-up.
    (i) If the predominant use of the flexible operation unit, as 
described in paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section, 
is to produce one or more chemicals listed in table 1 of this subpart, 
then the flexible operation unit shall be subject to the provisions of 
subparts F, G, and H of this part.
    (A) If the flexible operation unit produces one product for the 
greatest annual operating time, then that product shall represent the 
primary product of the flexible operation unit.
    (B) If the flexible operation unit produces multiple chemicals 
equally based on operating time, then the product with the greatest 
annual production on a mass basis shall represent the primary product of 
the flexible operation unit.
    (ii) The determination of applicability of this subpart to chemical 
manufacturing process units that are designed and operated as flexible 
operation units shall be reported as part of an operating permit 
application or as otherwise specified by the permitting authority.
    (4) Notwithstanding the provisions of paragraph (d)(3) of this 
section, for chemical manufacturing process units that are designed and 
operated as flexible operation units producing a chemical listed in 
paragraph (b)(1)(ii) of this section, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following May 12, 1998 and for new sources based on the 
expected utilization for the first five years after initial start-up.
    (i) The predominant use of the flexible operation unit shall be 
determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this 
section. If the predominant use is to produce one of the chemicals 
listed in paragraph (b)(1)(ii) of this section, then the flexible 
operation unit shall be subject to the provisions of this subpart and 
subparts G and H of this part.
    (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.

[[Page 114]]

    (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 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

[[Page 115]]

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 
according to the criteria in paragraphs (g)(2)(iii)(A) and 
(g)(2)(iii)(B) of this section, as applicable. This determination shall 
be reported as part of an operating permit application or as otherwise 
specified by the permitting authority.
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
12-month period preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section and 
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
12-month period preceding May 12, 1998.
    (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

[[Page 116]]

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.
    (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 ceases 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) and (g)(2)(ii) 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

[[Page 117]]

part of the source to which this subpart applies.
    (iii) If a loading arm or loading hose is shared among chemical 
manufacturing process units so that there is no single predominant use 
as described in paragraph (h)(2)(ii) of this section and at least one of 
those chemical manufacturing process units is subject to this subpart, 
then the loading arm or hose is part of the chemical manufacturing 
process unit that is subject to this subpart. If more than one of the 
chemical manufacturing process units is subject to this subpart, the 
owner or operator may assign the loading arm or loading hose to any of 
the chemical manufacturing process units subject to this subpart.
    (iv) If the predominant use of a loading arm or loading hose varies 
from year to year, then the applicability of this subpart shall be 
determined according to the criteria in paragraphs (h)(2)(iv)(A) and 
(h)(2)(iv)(B) of this section, as applicable. This determination shall 
be reported as part of an operating permit application or as otherwise 
specified by the permitting authority.
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
12-month period preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section and 
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
year preceding May 12, 1998.
    (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)(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 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

[[Page 118]]

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 
according to the criteria in paragraphs (i)(2)(iv)(A) and (i)(2)(iv)(B), 
as applicable. This determination shall be included as part of an 
operating permit application or as otherwise specified by the permitting 
authority.
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
year preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section and 
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
year preceding May 12, 1998.
    (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 (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)(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 
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), (m), and (p) of this 
section, sources subject to subparts F, G, or H of this

[[Page 119]]

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.
    (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

[[Page 120]]

(k)(4)(iv) of this section, if the work can be accomplished without a 
process unit shutdown, as defined in Sec. 63.161 in subpart H.
    (i) The seal system will be replaced;
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes to 
the existing barrier fluid system; or
    (iv) The compressor must be modified to permit connecting the 
compressor to a closed vent system.
    (5) Existing chemical manufacturing process units shall be in 
compliance with the requirements of Sec. 63.164 in subpart H no later 
than 1 year after the applicable compliance date specified in paragraph 
(k)(3) of this section, for any compressor meeting the criteria in 
paragraphs (k)(5)(i) through (k)(5)(iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (k)(4) (i) through (iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown as 
defined in Sec. 63.161 of subpart H;
    (iii) The additional time is actually necessary due to the 
unavailability of parts beyond the control of the owner or operator; and
    (iv) The owner or operator submits a request to the appropriate EPA 
Regional Office at the addresses listed in Sec. 63.13 of subpart A of 
this part no later than 45 days before the applicable compliance date in 
paragraph (k)(3) of this section, but in no event earlier than May 10, 
1995. The request shall include the information specified in paragraphs 
(k)(5)(iv)(A) through (k)(5)(iv)(E) of this section. Unless the EPA 
Regional Office objects to the request within 30 days after receipt, the 
request shall be deemed approved.
    (A) The name and address of the owner or operator and the address of 
the existing source if it differs from the address of the owner or 
operator;
    (B) The name, address, and telephone number of a contact person for 
further information;
    (C) An identification of the chemical manufacturing process unit, 
and of the specific equipment for which additional compliance time is 
required;
    (D) The reason compliance can not reasonably be achieved by the 
applicable date specified in paragraphs (k)(3)(i) through (k)(3)(v) of 
this section; and
    (E) The date by which the owner or operator expects to achieve 
compliance.
    (6)(i) If compliance with the compressor provisions of Sec. 63.164 
of subpart H of this part can not reasonably be achieved without a 
process unit shutdown, as defined in Sec. 63.161 of subpart H, the owner 
or operator shall achieve compliance no later than April 22, 1996, 
except as provided for in paragraph (k)(6)(ii) of this section. The 
owner or operator who elects to use this provision shall comply with the 
requirements of Sec. 63.103(g) of this subpart.
    (ii) If compliance with the compressor provisions of Sec. 63.164 of 
subpart H of this part can not be achieved without replacing the 
compressor or recasting the distance piece, the owner or operator shall 
achieve compliance no later 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

[[Page 121]]

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.
    (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)(A) Such construction commenced after December 31, 1992 for 
chemical manufacturing process units that produce as a primary product 
one or more of the chemicals listed in table 1 of this subpart;
    (B) Such construction commenced after August 22, 1997 for chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section; 
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)(A) Such reconstruction commenced after December 31, 1992 for 
chemical manufacturing process units that produce as a primary product 
one or more of the chemicals listed in table 1 of this subpart; and
    (B) Such construction commenced after August 22, 1997 for chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section.
    (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:

[[Page 122]]

    (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 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

[[Page 123]]

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.
    (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).
    (p) Compliance dates for chemical manufacturing process units that 
produce crotonaldehyde or tetrahydrobenzaldehyde. Notwithstanding the 
provisions of paragraph (k) of this section, chemical manufacturing 
process units that meet the criteria in paragraphs (b)(1)(ii), (b)(2), 
and (b)(3) of this section shall be in compliance with this subpart and 
subparts G and H of this part by the dates specified in paragraphs 
(p)(1) and (p)(2) of this section, as applicable.
    (1) If the source consists only of chemical manufacturing process 
units that produce as a primary product one or more of the chemicals 
listed in paragraph (b)(1)(ii) of this section, new sources shall comply 
by the date specified in paragraph (p)(1)(i) of this section and 
existing sources shall comply by the dates specified in paragraphs 
(p)(1)(ii) and (p)(1)(iii) of this section.
    (i) Upon initial start-up or May 12, 1998, whichever is later.
    (ii) This subpart and subpart G of this part by May 14, 2001, unless 
an extension has been granted by the Administrator as provided in 
Sec. 63.151(a)(6) or granted by the permitting authority as provided in 
Sec. 63.6(i) of subpart A of this part. When April 22, 1994 is referred 
to in this subpart and subpart G of this part, May 12, 1998 shall be 
used

[[Page 124]]

as the applicable date for that provision. When December 31, 1992 is 
referred to in this subpart and subpart G of this part, August 22, 1997 
shall be used as the applicable date for that provision.
    (iii) Subpart H of this part by May 12, 1999, unless an extension 
has been granted by the Administrator as provided in Sec. 63.151(a)(6) 
or granted by the permitting authority as provided in Sec. 63.6(i) of 
subpart A of this part. When April 22, 1994 is referred to in subpart H 
of this part, May 12, 1998 shall be used as the applicable date for that 
provision. When December 31, 1992 is referred to in subpart H of this 
part, August 22, 1997 shall be used as the applicable date for that 
provision.
    (2) If the source consists of a combination of chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraphs (b)(1)(i) and (b)(1)(ii) of 
this section, new chemical manufacturing process units that meet the 
criteria in paragraph (b)(1)(ii) of this section shall comply by the 
date specified in paragraph (p)(1)(i) of this section and existing 
chemical manufacturing process units producing crotonaldehyde and/or 
tetrahydrobenzaldehyde shall comply by the dates specified in paragraphs 
(p)(1)(ii) and (p)(1)(iii) of this section.

[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; 63 FR 26081, 
May 12, 1998; 64 FR 20191, Apr. 26, 1999]



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

[[Page 125]]

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.
    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 connector, 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.
    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

[[Page 126]]

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 
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;

[[Page 127]]

water formed during a chemical reaction or used as a reactant; water 
used to wash impurities from organic products or reactants; water used 
to cool or quench organic vapor streams through direct contact; and 
condensed steam from jet ejector systems pulling vacuum on vessels 
containing organics.
    Product means a compound or chemical which is manufactured as the 
intended product of the chemical manufacturing process unit. By-
products, isolated intermediates, impurities, wastes, and trace 
contaminants are not considered products.
    Product separator means phase separators, flash drums, knock-out 
drums, decanters, degassers, and condenser(s) including ejector-
condenser(s) associated with a reactor or an air oxidation reactor.
    Reactor means a device or vessel in which one or more chemicals or 
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

[[Page 128]]

this subpart. Storage vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels storing organic liquids that contain organic hazardous 
air pollutants only as impurities;
    (5) Bottoms receiver tanks;
    (6) Surge control vessels; or
    (7) Wastewater storage tanks. Wastewater storage tanks are covered 
under the wastewater provisions.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a chemical 
manufacturing process unit when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production of 
a product.
    Transfer operation means the loading, into a tank truck or railcar, 
of organic liquids that contain one or more of the organic hazardous air 
pollutants listed in table 2 of this subpart from a transfer rack (as 
defined in this section). Transfer operations do not include loading at 
an operating pressure greater than 204.9 kilopascals.
    Transfer rack means the collection of loading arms and loading 
hoses, at a single loading rack, that are assigned to a chemical 
manufacturing process unit subject to this subpart according to the 
procedures specified in Sec. 63.100(h) of this subpart and are used to 
fill tank trucks and/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)

[[Page 129]]

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; 65 FR 26497, May 
8, 2000]

    Effective Date Note: At 65 FR 26497, May 8, 2000, Sec. 63.101 was 
amended by revising the definition of Equipment leak, effective July 7, 
2000. For the convenience of the user, the superseded text is set forth 
as follows:

Sec. 63.101  Definitions.

                                * * * * *

    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.

                                * * * * *



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 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

[[Page 130]]

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 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

[[Page 131]]

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.
    (6) The owner or operator of a flexible operation unit shall conduct 
all required compliance demonstrations during production of the primary 
product. The owner or operator is not required to conduct compliance 
demonstrations for operating conditions during production of a product 
other than the primary product. Except as otherwise provided in this 
subpart or in subpart G or subpart H of this part, as applicable, the 
owner or operator shall operate each control device, recovery device, 
and/or recapture device that is required or used for compliance, and 
associated monitoring systems, without regard for whether the product 
that is being produced is the primary product or a different product. 
Except as otherwise provided in this subpart, subpart G and/or subpart H 
of this part, as applicable, operation of a control device, recapture 
device and/or recovery device required or used for compliance such that 
the daily average of monitored parameter values is outside the parameter 
range established pursuant to Sec. 63.152(b)(2), or such that the 
monitoring data show operation inconsistent with the monitoring plan 
established pursuant to Sec. 63.120(d)(2) or Sec. 63.181(g)(1)(iv), 
shall constitute a violation of the required operating conditions.
    (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 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

[[Page 132]]

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 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

[[Page 133]]

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; 63 FR 26082, May 
12, 1998]



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;
    (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.

[[Page 134]]

    (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 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

[[Page 135]]

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 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

[[Page 136]]

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.
    (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.

[[Page 137]]

    (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
Acetamide...............................        60355  II
Acetanilide.............................       103844  II
Acetic acid.............................        64197  II
Acetic anhydride........................       108247  II
Acetoacetanilide........................       102012  III
Acetone.................................        67641  I
Acetone cyanohydrin.....................        75865  V
Acetonitrile............................        75058  I
Acetophenone............................        98862  I
Acrolein................................       107028  IV
Acrylamide..............................        79061  I
Acrylic acid............................        79107  IV
Acrylonitrile...........................       107131  I
Adiponitrile............................       111693  I
Alizarin................................        72480  V
Alkyl anthraquinones....................          008  V
Allyl alcohol...........................       107186  I
Allyl chloride..........................       107051  IV
Allyl cyanide...........................       109751  IV
Aminophenol sulfonic acid...............         0010  V
Aminophenol (p-)........................       123308  I
Aniline.................................        62533  I
Aniline hydrochloride...................       142041  III
Anisidine (o-)..........................        90040  II
Anthracene..............................       120127  V
Anthraquinone...........................        84651  III
Azobenzene..............................       103333  I
Benzaldehyde............................       100527  III
Benzene.................................        71432  I
Benzenedisulfonic acid..................        98486  I
Benzenesulfonic acid....................        98113  I
Benzil..................................       134816  III
Benzilic acid...........................        76937  III
Benzoic acid............................        65850  III
Benzoin.................................       119539  III
Benzonitrile............................       100470  III
Benzophenone............................       119619  I
Benzotrichloride........................        98077  III
Benzoyl chloride........................        98884  III
Benzyl acetate..........................       140114  III
Benzyl alcohol..........................       100516  III
Benzyl benzoate.........................       120514  III
Benzyl chloride.........................       100447  III
Benzyl dichloride.......................        98873  III
Biphenyl................................        92524  I
Bisphenol A.............................        80057  III
Bis(Chloromethyl) Ether.................       542881  I
Bromobenzene............................       108861  I
Bromoform...............................        75252  V
Bromonaphthalene........................     27497514  IV
Butadiene (1,3-)........................       106990  II
Butanediol (1,4-).......................       110634  I
Butyl acrylate (n-).....................       141322  V
Butylene glycol (1,3-)..................       107880  II
Butyrolactone...........................        96480  I
Caprolactam.............................       105602  II
Carbaryl................................        63252  V
Carbazole...............................        86748  V
Carbon disulfide........................        75150  IV
Carbon tetrabromide.....................       558134  II
Carbon tetrachloride....................        56235  I
Carbon tetrafluoride....................        75730  II
Chloral.................................        75876  II
Chloroacetic acid.......................        79118  II
Chloroacetophenone (2-).................       532274  I
Chloroaniline (p-)......................       106478  II
Chlorobenzene...........................       108907  I
2-Chloro-1,3-butadiene (Chloroprene)....       126998  II
Chlorodifluoroethane....................     25497294  V
Chlorodifluoromethane...................        75456  I
Chloroform..............................        67663  I
Chloronaphthalene.......................     25586430  IV
Chloronitrobenzene                             121733  I
  (m-).
Chloronitrobenzene                              88733  I
  (o-).
Chloronitrobenzene                             100005  I
  (p-).
Chlorophenol (m-).......................       108430  II
Chlorophenol (o-).......................        95578  II
Chlorophenol (p-).......................       106489  II
Chlorotoluene (m-)......................       108418  III
Chlorotoluene (o-)......................        95498  III
Chlorotoluene (p-)......................       106434  III
Chlorotrifluoromethane..................        75729  II
Chrysene................................       218019  V
Cresol and cresylic acid (m-)...........       108394  III
Cresol and cresylic acid (o-)...........        95487  III
Cresol and cresylic acid (p-)...........       106445  III
Cresols and cresylic acids (mixed)......      1319773  III
Cumene..................................        98828  I
Cumene hydroperoxide....................        80159  I
Cyanoacetic acid........................       372098  II
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

[[Page 138]]

 
Diethylene glycol diethyl ether.........       112367  I
Diethylene glycol dimethyl ether........       111966  I
Diethylene glycol monobutyl ether              124174  I
 acetate.
Diethylene glycol monobutyl ether.......       112345  I
Diethylene glycol monoethyl ether              112152  I
 acetate.
Diethylene glycol monoethyl ether.......       111900  I
Diethylene glycol monohexyl ether.......       112594  V
Diethylene glycol monomethyl ether             629389  V
 acetate.
Diethylene glycol monomethyl ether......       111773  I
Dihydroxybenzoic acid (Resorcylic acid).     27138574  V
 Dimethylbenzidine                             119937  II
  (3,3'-).
Dimethyl ether..........................       115106  IV
Dimethylformamide (N,N-)................        68122  II
 Dimethylhydrazine                              57147  II
  (1,1-).
Dimethyl sulfate........................        77781  I
Dimethyl terephthalate..................       120616  II
Dimethylamine...........................       124403  IV
Dimethylaminoethanol (2-)...............       108010  I
Dimethylaniline (N,N")..................       121697  III
Dinitrobenzenes (NOS) c.................     25154545  I
Dinitrophenol (2,4-)....................        51285  III
Dinitrotoluene (2,4-)...................       121142  III
Dioxane (1,4-) (1,4-Diethyleneoxide)....         1239  11I
Dioxolane (1,3-)........................       646060  I
Diphenyl methane........................       101815  I
Diphenyl oxide..........................       101848  I
Diphenyl thiourea.......................       102089  III
Diphenylamine...........................       122394  III
Dipropylene glycol......................       110985  I
Di-o-tolyguanidine......................        97392  III
Dodecanedioic acid......................       693232  I
Dodecyl benzene (branched)..............       123013  V
Dodecyl phenol (branched)...............    121158585  V
Dodecylaniline..........................     28675174  V
Dodecylbenzene (n-).....................       121013  I
Dodecylphenol...........................     27193868  III
Epichlorohydrin (1-chloro-2,3-                 106898  I
 epoxypropane).
Ethanolamine............................       141435  I
Ethyl acrylate..........................       140885  II
Ethylbenzene............................       100414  I
Ethyl chloride (Chloroethane)...........        75003  IV
Ethyl chloroacetate.....................       105395  II
Ethylamine..............................        75047  V
Ethylaniline (N-).......................       103695  III
Ethylaniline (o-).......................       578541  III
Ethylcellulose..........................      9004573  V
Ethylcyanoacetate.......................       105566  V
Ethylene carbonate......................        96491  I
Ethylene dibromide (Dibromoethane)......       106934  I
Ethylene glycol.........................       107211  I
Ethylene glycol diacetate...............       111557  I
Ethylene glycol dibutyl ether...........       112481  V
 Ethylene glycol diethyl ether                 629141  I
  (1,2-diethoxyethane).
 Ethylene glycol                               110714  I
  dimethyl ether
Ethylene glycol monoacetate.............       542596  V
 Ethylene glycol monobutyl ether               112072  I
  acetate.
Ethylene glycol monobutyl ether.........       111762  I
 Ethylene glycol monoethyl ether               111159  I
  acetate.
Ethylene glycol monoethyl ether.........       110805  I
Ethylene glycol monohexyl ether.........       112254  V
Ethylene glycol monomethyl ether acetate       110496  I
Ethylene glycol monomethyl ether........       109864  I
Ethylene glycol monooctyl ether.........          002  V
Ethylene glycol monophenyl ether........       122996  I
Ethylene glycol monopropyl ether........      2807309  I
Ethylene oxide..........................        75218  I
Ethylenediamine.........................       107153  II
Ethylenediamine tetraacetic acid........        60004  V
Ethylenimine (Aziridine)................       151564  II
Ethylhexyl acrylate (2-isomer)..........       103117  II
Fluoranthene............................       206440  V
Formaldehyde............................        50000  I
Formamide...............................        75127  II
Formic acid.............................        64186  II
Fumaric acid............................       110178  I
Glutaraldehyde..........................       111308  IV
Glyceraldehyde..........................       367475  V
Glycerol................................        56815  II
Glycine.................................        56406  II
Glyoxal.................................       107222  II
Hexachlorobenzene.......................       118741  II
Hexachlorobutadiene.....................        87683  II
Hexachloroethane........................        67721  II
Hexadiene (1,4-)........................       592450  II
 Hexamethylene-                                100970  I
  tetramine.
Hexane..................................       110543  V
Hexanetriol (1,2,6-)....................       106694  IV
Hydroquinone............................       123319  I
Hydroxyadipaldehyde.....................       141311  V
Isobutyl acrylate.......................       106638  V
Isobutylene.............................       115117  V
Isophorone..............................        78591  IV
Isophorone nitrile......................         0017  V
Isophthalic acid........................       121915  III
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).

[[Page 139]]

 
Methylionones (a-)......................        79696  V
Methylpentynol..........................        77758  V
Methylstyrene (a-)......................        98839  I
Naphthalene.............................        91203  IV
Naphthalene sulfonic acid (a-)..........        85472  IV
Naphthalene sulfonic acid (b-)..........       120183  IV
Naphthol (a-)...........................        90153  IV
Naphthol (b-)...........................       135193  IV
Naphtholsulfonic acid (1-)..............       567180  V
Naphthylamine sulfonic acid (1,4-)......        84866  V
Naphthylamine sulfonic acid (2,1-)......        81163  V
Naphthylamine (1-)......................       134327  V
Naphthylamine (2-)......................        91598  V
Nitroaniline (m-).......................        99092  II
Nitroaniline (o-).......................        88744  I
Nitroanisole (o-).......................        91236  III
Nitroanisole (p-).......................       100174  III
Nitrobenzene............................        98953  I
Nitronaphthalene (1-)...................        86577  IV
Nitrophenol (p-)........................       100027  III
Nitrophenol (o-)........................        88755  III
Nitropropane (2-).......................        79469  II
Nitrotoluene (all isomers)..............      1321126  III
Nitrotoluene (o-).......................        88722  III
Nitrotoluene (m-).......................        99081  III
Nitrotoluene (p-).......................        99990  III
Nitroxylene.............................     25168041  V
Nonylbenzene (branched).................      1081772  V
Nonylphenol.............................     25154523  V
Octene-1................................       111660  I
Octylphenol.............................     27193288  III
Paraformaldehyde........................     30525894  I
Paraldehyde.............................       123637  II
Pentachlorophenol.......................        87865  III
Pentaerythritol.........................       115775  I
Peracetic acid..........................        79210  II
Perchloromethyl mercaptan...............       594423  IV
Phenanthrene............................        85018  V
Phenetidine (p-)........................       156434  III
Phenol..................................       108952  III
Phenolphthalein.........................        77098  III
Phenolsulfonic acids (all isomers)......      1333397  III
Phenyl anthranilic acid (all isomers)...        91407  III
Phenylenediamine (p-)...................       106503  I
Phloroglucinol..........................       108736  III
Phosgene................................        75445  IV
Phthalic acid...........................        88993  III
Phthalic anhydride......................        85449  III
Phthalimide.............................        85416  III
Phthalonitrile..........................        91156  III
Picoline (b-)...........................       108996  II
Piperazine..............................       110850  I
Propiolactone (beta-)...................        57578  I
Propionaldehyde.........................       123386  IV
Propionic acid..........................        79094  I
Propylene carbonate.....................       108327  V
Propylene dichloride (1,2-                      78875  IV
 dichloropropane).
Propylene glycol........................        57556  I
Propylene glycol monomethyl ether.......       107982  I
Propylene oxide.........................        75569  I
Pyrene..................................       129000  V
Pyridine................................       110861  II
p-tert-Butyl toluene....................        98511  III
Quinone.................................       106514  III
Resorcinol..............................       108463  I
Salicylic acid..........................        69727  III
Sodium methoxide........................       124414  IV
Sodium phenate..........................       139026  III
Stilbene................................       588590  III
Styrene.................................       100425  I
Succinic acid...........................       110156  I
Succinonitrile..........................       110612  I
Sulfanilic acid.........................       121573  III
Sulfolane...............................       126330  II
Tartaric acid...........................       526830  I
Terephthalic acid.......................       100210  II
Tetrabromophthalic anhydride............       632791  III
Tetrachlorobenzene (1,2,4,5-)...........        95943  I
Tetrachloroethane (1,1,2,2-)............        79345  II
Tetrachloroethylene (Perchloroethylene).       127184  I
 Tetrachlorophthalic-                          117088  III
  anhydride.
Tetraethyl lead.........................        78002  IV
Tetraethylene glycol....................       112607  I
 Tetraethylene-                                112572  V
  pentamine.
Tetrahydrofuran.........................       109999  I
Tetrahydronapthalene....................       119642  IV
Tetrahydrophthalic anhydride............        85438  II
 Tetramethylene-                               110601  II
  diamine.
Tetramethylethylenediamine..............       110189  V
Tetramethyllead.........................        75741  V
Toluene.................................       108883  I
Toluene 2,4 diamine.....................        95807  II
Toluene 2,4 diisocyanate................       584849  II
Toluene diisocyanates (mixture).........     26471625  II
Toluene sulfonic acids..................       104154  III
Toluenesulfonyl chloride................        98599  III
Toluidine (o-)..........................        95534  II
 Trichloroaniline-                             634935  III
   (2,4,6-).
Trichlorobenzene (1,2,3-)...............        87616  V
Trichlorobenzene (1,2,4-)...............       120821  I
 Trichloroethane                                71556  II
  (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

[[Page 140]]

 
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; 63 FR 26082, May 12, 1998]

         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
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

[[Page 141]]

 
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-(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
Polymers are excluded from the glycol category.


[62 FR 2735, Jan. 17, 1997]

[[Page 142]]

Pt. 63, Subpt. F, Table 3

                                    Table 3.--General Provisions Applicability to Subparts F, G, and Ha to Subpart F
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           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 143]]

 
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).
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.

[[Page 144]]

 
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.
63.8(b)(3).....................................................  Yes.................................

[[Page 145]]

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

[[Page 146]]

 
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.


[62 FR 2737, Jan. 17, 1997]

[[Page 147]]


    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 of this part, 
a Group 1 or Group 2 storage vessel that is also subject to the

[[Page 148]]

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.
    (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

[[Page 149]]

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;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart

[[Page 150]]

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 monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.

[[Page 151]]

    (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.
    (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

[[Page 152]]

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 
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

[[Page 153]]

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 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

[[Page 154]]

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, and any 
associated vacuum pump or steam jet.
    Duct work means a conveyance system such as those commonly used for

[[Page 155]]

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, thoroughly mixed 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 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. A 
thoroughly mixed treatment unit is a unit that is designed and operated 
to approach or achieve uniform biomass distribution and organic compound 
concentration throughout the aeration unit by quickly dispersing the 
recycled biomass and the wastewater entering the unit.
    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.

[[Page 156]]

    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 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

[[Page 157]]

the ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporative Loss From External Floating-Roof 
Tanks (incorporated by reference as specified in Sec. 63.14 of subpart A 
of this part); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-83 (incorporated by reference as specified in Sec. 63.14 of 
subpart A of this part); or
    (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,

[[Page 158]]

plastic) which provide structural support. This term has the same 
meaning as a product storage vessel.
    Product tank drawdown means any material or mixture of materials 
discharged from a product tank for the purpose of removing water or 
other contaminants from the product tank.
    Rack-weighted average partial pressure means the throughput weighted 
average of the average maximum true vapor pressure of liquids containing 
organic HAP transferred at a transfer rack. The rack-weighted average 
partial pressure shall be calculated using the equation below:
Where:

P = Rack-weighted average partial pressure, kilopascals.
[GRAPHIC] [TIFF OMITTED] TR12DE95.001

Pi = Individual HAP maximum true vapor pressure, kilopascals, 
= Xi*P, where Xi is the mole fraction of compound 
i in the liquid.
Gi = Yearly volume of each liquid that contains organic HAP 
that is transferred at the rack, liters.
i = Each liquid that contains HAP that is transferred at the rack.

    Reactor means a device or vessel in which one or more chemicals or 
reactants, other than air, are combined or decomposed in such a way that 
their molecular structures are altered and one or more new organic 
compounds are formed. Reactor includes the product separator and any 
associated vacuum pump or steam jet.
    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 159]]

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 160]]

    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; 63 FR 
67792, Dec. 9, 1998]



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 = 0.02 EPV1 +  
EPV2 + 0.05 ES1 +  
ES2 + 0.02 ETR1 +  
ETR2 +  EWW1C +  EWW2

where:

EA = Emission rate, megagrams per year, allowed for the 
source.
0.02 EPV1 = 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.
0.05 ES1 = Sum of the residual emissions, megagrams 
per year, from all Group 1 storage vessels, as defined in Sec. 63.111 of 
this subpart.

[[Page 161]]

 ES2 = Sum of the emissions, megagrams per year, 
from all Group 2 storage vessels, as defined in Sec. 63.111 of this 
subpart.
0.02 ETR1 = 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 162]]

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 163]]

    (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 164]]

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 165]]

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 166]]

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 167]]

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 168]]

    (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

[[Page 169]]

Materials D2382-76 if published values are not available or cannot be 
calculated.

    (iv) The emission rate of TOC (minus methane and ethane) 
(ETOC) and the emission rate of total organic HAP 
(EHAP) in the vent stream shall both be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.203


where:

E=Emission rate of TOC (minus methane and ethane) or emission rate of 
total organic HAP in the sample, kilograms per hour.
K2=Constant, 2.494 x 10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minutes/hour), where standard temperature for (gram-mole per 
standard cubic meter) is 20  deg.C.
Cj=Concentration on a dry basis of organic compound j in 
parts per million as measured by Method 18 of 40 CFR part 60, appendix A 
as indicated in paragraph (d)(2)(ii) of this section. If the TOC 
emission rate is being calculated, Cj includes all organic 
compounds measured minus methane and ethane; if the total organic HAP 
emission rate is being calculated, only organic HAP compounds listed in 
table 2 in subpart F of this part are included.
Mj=Molecular weight of organic compound j, gram/gram-mole.
Qs=Vent stream flow rate, dry standard cubic meter per 
minute, at a temperature of 20  deg.C.

    (v) In order to determine whether a vent stream is halogenated, the 
mass emission rate of halogen atoms contained in organic compounds shall 
be calculated.
    (A) The vent stream concentration of each organic compound 
containing halogen atoms (parts per million by volume, by compound) 
shall be determined based on the following procedures:
    (1) Process knowledge that no halogen or hydrogen halides are 
present in the process, or
    (2) Applicable engineering assessment as discussed in paragraph 
(d)(1)(iii) of this section, or
    (3) Concentration of organic compounds containing halogens measured 
by Method 18 of 40 CFR part 60, appendix A, or
    (4) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (B) The following equation shall be used to calculate the mass 
emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR22AP94.204


where:

E=mass of halogen atoms, dry basis, kilogram per hour.
K2=Constant, 2.494 x 10-6 (parts per 
million)-1 (kilogram-mole per standard cubic meter) (minute/
hour), where standard temperature is 20  deg.C.
Cj=Concentration of halogenated compound j in the gas stream, 
dry basis, parts per million by volume.
Mji=Molecular weight of halogen atom i in compound j of the 
gas stream, kilogram per kilogram-mole.
Lji=Number of atoms of halogen i in compound j of the gas 
stream.
Q=Flow rate of gas stream, dry standard cubic meters per minute, 
determined according to paragraph (d)(1) or (d)(2)(i) of this section.
j=Halogenated compound j in the gas stream.
i=Halogen atom i in compound j of the gas stream.
n=Number of halogenated compounds j in the gas stream.
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 170]]

[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 171]]

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 172]]

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 the following equation:
[GRAPHIC] [TIFF OMITTED] TR26AP99.003

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.
%02d=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:

[[Page 173]]

[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.
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

[[Page 174]]

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 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; 64 
FR 20191, Apr. 26, 1999]



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);

[[Page 175]]

    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.116(a) of this subpart; and
    (iii) All periods during the compliance determination when the pilot 
flame is absent.
    (6) Record and report the following when using a scrubber following 
a combustion device to control a halogenated process vent stream:
    (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

[[Page 176]]

the following records up-to-date and readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.114(a) of this subpart and 
listed in table 3 of this subpart or specified by the Administrator in 
accordance with Sec. 63.114(c) and Sec. 63.117(e) of this subpart. For 
flares, the hourly records and records of pilot flame outages specified 
in table 3 of this subpart shall be maintained in place of continuous 
records.
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day 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

[[Page 177]]

    (3) If the organic HAP concentration increases to 50 parts per 
million by volume or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec. 63.115(d) of 
this subpart.
    (f) Each owner or operator who elects to comply with the 
requirements of Sec. 63.113 of this subpart shall submit to the 
Administrator Periodic Reports of the following recorded information 
according to the schedule in Sec. 63.152 of this subpart.
    (1) Reports of daily average values of monitored parameters for all 
operating days when the daily average values recorded under paragraphs 
(a) and (b) of this section were outside the ranges established in the 
Notification of Compliance Status or operating permit.
    (2) For Group 1 points, reports of the duration of periods when 
monitoring data is not collected for each excursion caused by 
insufficient monitoring data as defined in Sec. 63.152(c)(2)(ii)(A) of 
this subpart.
    (3) Reports of the times and durations of all periods recorded under 
paragraph (a)(3) of this section when the vent stream is diverted from 
the control device through a bypass line.
    (4) Reports of all periods recorded under paragraph (a)(4) of this 
section in which the seal mechanism is broken, the bypass line valve 
position has changed, or the key to unlock the bypass line valve was 
checked out.
    (5) Reports of the times and durations of all periods recorded under 
paragraph (a)(2)(v) of this section in which all pilot flames of a flare 
were absent.
    (6) Reports of all carbon bed regeneration cycles during which the 
parameters recorded under paragraph (b)(2)(v) of this section were 
outside the ranges established in the Notification of Compliance Status 
or operating permit.
    (g) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent to become a Group 1 
process vent, the owner or operator shall submit a report within 180 
calendar days after the process change as specified in Sec. 63.151(j) of 
this subpart. The report shall include:
    (1) A description of the process change;
    (2) The results of the recalculation of the flow rate, organic HAP 
concentration, and TRE index value required 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

[[Page 178]]

made that causes a Group 2 process vent with an organic HAP 
concentration less than 50 parts per million by volume to become a Group 
2 process vent with an organic HAP concentration of 50 parts per million 
by volume or greater and a TRE index value less than or equal to 4.0, 
the owner or operator shall submit a report within 180 calendar days 
after the process change. The report may be submitted as part of the 
next periodic report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the organic HAP 
concentration and the TRE determination required under Sec. 63.115(e) of 
this subpart and recorded under paragraph (e) of this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (k) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in paragraph (k)(1), 
(k)(2), (k)(3), or (k)(4) of this section is met.
    (1) The process change does not meet the definition of a process 
change in Sec. 63.115(e) of this subpart, or
    (2) The vent stream flow rate is recalculated according to 
Sec. 63.115(e) of this subpart and the recalculated value is less than 
0.005 standard cubic meter per minute, or
    (3) The organic HAP concentration of the vent stream is recalculated 
according to Sec. 63.115(e) of this subpart and the recalculated value 
is less than 50 parts per million by volume, or
    (4) The TRE index value is recalculated according to Sec. 63.115(e) 
of this subpart and the recalculated value is greater than 4.0.

[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

[[Page 179]]

section shall comply with the requirements specified in paragraphs 
(b)(1) through (b)(6) of this section.
    Note: The intent of paragraphs (b)(1) and (b)(2) of this section is 
to avoid having a vapor space between the floating roof and the stored 
liquid for extended periods. Storage vessels may be emptied for purposes 
such as routine storage vessel maintenance, inspections, petroleum 
liquid deliveries, or transfer operations. Storage vessels where liquid 
is left on walls, as bottom clingage, or in pools due to floor 
irregularity are considered completely empty.
    (1) The internal floating roof shall be floating on the liquid 
surface at all times except when the floating roof must be supported by 
the leg supports during the periods specified in paragraphs (b)(1)(i) 
through (b)(1)(iii) of this section.
    (i) During the initial fill.
    (ii) After the vessel has been completely emptied and degassed.
    (iii) When the vessel is completely emptied before being 
subsequently refilled.
    (2) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as 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.

[[Page 180]]

    (B) No later than 10 years after April 22, 1994.
    (6) Each cover or lid on any opening in the internal floating roof 
shall be closed (i.e., no visible gaps), except when the cover or lid 
must be open for access. Covers on each access hatch and each gauge 
float well shall be bolted or fastened so as to be air-tight when they 
are closed. Rim space vents are to be set to open only when the internal 
floating roof is not floating or when the pressure beneath the rim seal 
exceeds the manufacturer's recommended setting.
    (c) The owner or operator who elects to use an external floating 
roof, as defined in Sec. 63.111 of this subpart, to comply with the 
requirements of paragraph (a)(1) of this section shall comply with the 
requirements specified in paragraphs (c)(1) through (c)(4) of this 
section.
    (1) Each external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge.
    (i) Except as provided in paragraph (c)(1)(iv) of this section, the 
closure device is to consist of two seals, one above the other. The 
lower seal is referred to as the primary seal and the upper seal is 
referred to as the secondary seal.
    (ii) Except as provided in paragraph (c)(1)(v) of this section, the 
primary seal shall be either a metallic shoe seal or a liquid-mounted 
seal.
    (iii) Except during the inspections required by Sec. 63.120(b) of 
this subpart, both the primary seal and the secondary seal shall 
completely cover the annular space between the external floating roof 
and the wall of the storage vessel in a continuous fashion.
    (iv) If the external floating roof is equipped with a liquid-mounted 
or metallic shoe primary seal as of December 31, 1992, the requirement 
for a secondary seal in paragraph (c)(1)(i) of this section does not 
apply until the earlier of the dates specified in paragraphs 
(c)(1)(iv)(A) and (c)(1)(iv)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (v) If the external floating roof is equipped with a vapor-mounted 
primary seal and a secondary seal as of December 31, 1992, the 
requirement for a liquid-mounted or metallic shoe primary seal in 
paragraph (c)(1)(ii) of this section does not apply until the earlier of 
the dates specified in paragraphs (c)(1)(v)(A) and (c)(1)(v)(B) of this 
section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (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

[[Page 181]]

cap which is closed at all times except when gauging the liquid level or 
taking liquid samples.
    (ix) Each slotted guide pole well shall have a gasketed sliding 
cover or a flexible fabric sleeve seal.
    (x) Each slotted guide pole shall have a gasketed float or other 
device which closes off the liquid surface from the atmosphere.
    (xi) Each gauge hatch/sample well shall have a gasketed cover which 
is closed at all times except when the hatch or well must be open for 
access.
    (xii) If each opening in a noncontact external floating roof except 
for automatic bleeder vents (vacuum breaker vents) and rim space vents 
does not provide a projection below the liquid surface as of December 
31, 1992, the requirement for providing these projections below the 
liquid surface does not apply until the earlier of the dates specified 
in paragraphs (c)(2)(xii)(A) and (c)(2)(xii)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    Note: The intent of paragraphs (c)(3) and (c)(4) of this section is 
to avoid having a vapor space between the floating roof and the stored 
liquid for extended periods. Storage vessels may be emptied for purposes 
such as routine storage vessel maintenance, inspections, petroleum 
liquid deliveries, or transfer operations. Storage vessels where liquid 
is left on walls, as bottom clingage, or in pools due to floor 
irregularity are considered completely empty.
    (3) The external floating roof shall be floating on the liquid 
surface at all times except when the floating roof must be supported by 
the leg supports during the periods specified in paragraphs (c)(3)(i) 
through (c)(3)(iii) of this section.
    (i) During the initial fill.
    (ii) After the vessel has been completely emptied and degassed.
    (iii) When the vessel is completely emptied before being 
subsequently refilled.
    (4) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as 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.

[[Page 182]]

    (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.
    (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

[[Page 183]]

and degassed, and at least once every 10 years after the compliance date 
specified in Sec. 63.100 of subpart F of this part.
    (3) For vessels equipped with a double-seal system as specified in 
Sec. 63.119(b)(3)(iii) of this subpart, the owner or operator shall 
perform either the inspection required in paragraph (a)(3)(i) of this 
section or the inspections required in both paragraphs (a)(3)(ii) and 
(a)(3)(iii) of this section.
    (i) The owner or operator shall visually inspect the internal 
floating roof, the primary seal, the secondary seal, gaskets, slotted 
membranes, and sleeve seals (if any) each time the storage vessel is 
emptied and degassed and at least once every 5 years after the 
compliance date specified in Sec. 63.100 of subpart F of this part; or
    (ii) The owner or operator shall visually inspect the internal 
floating roof and the secondary seal through manholes and roof hatches 
on the fixed roof at least once every 12 months after initial fill, or 
at least once every 12 months after the compliance date specified in 
Sec. 63.100 of subpart F of this part, and
    (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

[[Page 184]]

paragraphs (b)(1) through (b)(10) of this section.
    (1) Except as provided in paragraph (b)(7) of this section, the 
owner or operator shall determine the gap areas and maximum gap widths 
between the primary seal and the wall of the storage vessel, and the 
secondary seal and the wall of the storage vessel according to the 
frequency specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section.
    (i) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
primary seal shall be performed during the hydrostatic testing of the 
vessel or by the compliance date specified in Sec. 63.100 of subpart F 
of this part, whichever occurs last, and at least once every 5 years 
thereafter.
    (ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as 
provided for in Sec. 63.119(c)(1)(iv) of this subpart, measurements of 
gaps between the vessel 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.

[[Page 185]]

    (5) The primary seal shall meet the additional requirements 
specified in paragraphs (b)(5)(i) and (b)(5)(ii) of this section.
    (i) Where a metallic shoe seal is in use, one end of the metallic 
shoe shall extend into the stored liquid and the other end shall extend 
a minimum vertical distance of 61 centimeters above the stored liquid 
surface.
    (ii) There shall be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (6) The secondary seal shall meet the additional requirements 
specified in paragraphs (b)(6)(i) and (b)(6)(ii) of this section.
    (i) The secondary seal shall be installed above the primary seal so 
that it completely covers the space between the roof edge and the vessel 
wall except as provided in paragraph (b)(4) of this section.
    (ii) There shall be no holes, tears, or other openings in the seal 
or seal fabric.
    (7) If the owner or operator determines that it is unsafe to perform 
the 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.

[[Page 186]]

    (ii) Except as provided in paragraph (b)(10)(iii) of this section, 
for all the inspections required by paragraph (b)(10) of this section, 
the owner or operator shall notify the Administrator in writing at least 
30 calendar days prior to filling or refilling of each storage vessel 
with organic HAP to afford the Administrator the opportunity to inspect 
the storage vessel prior to refilling.
    (iii) If the inspection required by paragraph (b)(10) of this 
section is not planned and the owner or operator could not have known 
about the inspection 30 calendar days in advance of refilling the vessel 
with organic HAP, the owner or operator shall notify the Administrator 
at least 7 calendar days prior to refilling of the storage vessel. 
Notification may be made by telephone and immediately followed by 
written documentation demonstrating why the inspection was unplanned. 
Alternatively, this notification including the written documentation may 
be made in writing and sent so that it is received by the Administrator 
at least 7 calendar days prior to the refilling.
    (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

[[Page 187]]

not required to prepare a design evaluation for the control device as 
described in paragraph (d)(1)(i) of this section, if the performance 
tests meets the criteria specified in paragraphs (d)(1)(ii)(A) and 
(d)(1)(ii)(B) of this section.
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 63.119 (e)(1) or (e)(2) of this subpart, as 
applicable; and
    (B) The performance test is submitted as part of the Notification of 
Compliance Status required by Sec. 63.151(b) of this subpart.
    (2) The owner or operator shall submit, as part of the 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

[[Page 188]]

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 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.

[[Page 189]]



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]
    (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

[[Page 190]]

specified in Sec. 63.120(a)(4) of this subpart; and describe the date 
the storage vessel was emptied and the nature of and date the repair was 
made.
    (2) For vessels for which inspections are required under Sec. 63.120 
(a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this subpart, the 
specifications and requirements listed in paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section apply.
    (i) A failure is defined as any time in which the internal floating 
roof has defects; or the primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or the gaskets no longer close off the liquid surface 
from the atmosphere; or the slotted membrane has more than 10 percent 
open area.
    (ii) Each Periodic Report required under Sec. 63.152(c) of this 
subpart shall include the date of the inspection, identification of each 
storage vessel in which a failure was detected, and a description of the 
failure. The Periodic Report shall also describe the nature of and date 
the repair was made.
    (e) An owner or operator who elects to comply with Sec. 63.119(c) of 
this subpart by using an external floating roof shall meet the periodic 
reporting requirements specified in paragraphs (e)(1), (e)(2), and 
(e)(3) of this section.
    (1) The owner or operator shall submit, as part of the Periodic 
Report required under Sec. 63.152(c) of this subpart, documentation of 
the results of each seal gap measurement made in accordance with 
Sec. 63.120(b) of this subpart in which the requirements of Sec. 63.120 
(b)(3), (b)(4), (b)(5), or (b)(6) of this subpart are not met. This 
documentation shall include the information specified in paragraphs 
(e)(1)(i) through (e)(1)(iv) of this section.
    (i) The date of the seal gap measurement.
    (ii) The raw data obtained in the seal gap measurement and the 
calculations described in Sec. 63.120 (b)(3) and (b)(4) of this subpart.
    (iii) A description of any condition specified in Sec. 63.120 (b)(5) 
or (b)(6) of this subpart that is not met.
    (iv) A description of the nature of and date the repair was made, or 
the date the storage vessel was emptied.
    (2) If an extension is utilized in accordance with 
Sec. 63.120(b)(7)(ii) or (b)(8) of this subpart, the owner or operator 
shall, in the next Periodic Report, identify the vessel; include the 
documentation specified in Sec. 63.120(b)(7)(ii) or (b)(8) of this 
subpart, as applicable; and describe the date the vessel was emptied and 
the nature of and date the repair was made.
    (3) The owner or operator shall submit, as part of the Periodic 
Report required under Sec. 63.152(c) of this subpart, documentation of 
any failures that are identified during visual inspections required by 
Sec. 63.120(b)(10) of this subpart. This documentation shall meet the 
specifications and requirements in paragraphs (e)(3)(i) and (e)(3)(ii) 
of this section.
    (i) A failure is defined as any time in which the external floating 
roof has defects; or the primary seal has holes, or other openings in 
the seal or the seal fabric; or the secondary seal has holes, 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

[[Page 191]]

planned routine maintenance operations that would require the control 
device not to meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of 
this subpart, as applicable.
    (i) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (ii) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable, due to planned routine maintenance.
    (2) If a control device other than a flare is used, the Periodic 
Report shall describe each occurrence when the monitored parameters were 
outside of the parameter ranges documented in the Notification of 
Compliance Status in accordance with Sec. 63.120(d)(3)(i) of this 
subpart. The description shall include the information specified in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (i) Identification of the control device for which the measured 
parameters were outside of the established ranges, and
    (ii) Cause for the measured parameters to be outside of the 
established ranges.
    (3) If a flare is used, the Periodic Report shall describe each 
occurrence when the flare does not meet the general control device 
requirements specified in Sec. 63.11(b) of subpart A of this part and 
shall include the information specified in paragraphs (g)(3)(i) and 
(g)(3)(ii) of this section.
    (i) Identification of the flare which does not meet the general 
requirements specified in Sec. 63.11(b) of subpart A of this part, and
    (ii) Reason the flare did not meet the general requirements 
specified in Sec. 63.11(b) of subpart A of this part.
    (h) An owner or operator who elects to comply with Sec. 63.119 (b), 
(c), or (d) of this subpart shall submit, as applicable, the reports 
specified in paragraphs (h)(1) and (h)(2) of this section.
    (1) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator shall notify the Administrator 
of the refilling of a storage vessel that has been emptied and degassed.
    (i) If the storage vessel is equipped with an internal floating roof 
as specified in Sec. 63.119(b) of this subpart, the notification shall 
meet the requirements of either Sec. 63.120 (a)(5) or (a)(6) of this 
subpart, as applicable.
    (ii) If the storage vessel is equipped with an external floating 
roof as specified in Sec. 63.119(c) of this subpart, the notification 
shall meet the requirements of either Sec. 63.120 (b)(10)(ii) or 
(b)(10)(iii) of this subpart, as applicable.
    (iii) If the storage vessel is equipped with an external floating 
roof converted into an internal floating roof as 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

[[Page 192]]

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.
    (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

[[Page 193]]

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 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

[[Page 194]]

    (C) Concentration of organic compounds containing halogens measured 
by Method 18 of 40 CFR part 60, appendix A, or
    (D) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (ii) The following equation shall be used to calculate the mass 
emission rate of halogen atoms:
[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

[[Page 195]]

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.
    (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.

[[Page 196]]

    (1) Where an absorber is used, a scrubbing liquid temperature 
monitoring device equipped with a continuous recorder shall be used; and 
a specific gravity monitoring device equipped with a continuous recorder 
shall be used.
    (2) Where a condenser is used, a condenser exit (product side) 
temperature monitoring device equipped with a continuous recorder shall 
be used.
    (3) Where a carbon adsorber is used, an integrating regeneration 
stream flow monitoring device having an accuracy of 10 
percent 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.

[[Page 197]]

    (4) For control devices shared between multiple arms that load 
simultaneously, the minimum sampling time for each run shall be 1 hour 
in which either an integrated sample or a minimum of four grab samples 
shall be taken. If grab sampling is used, then the samples shall be 
taken at approximately equal intervals in time, such as 15-minute 
intervals during the run.
    (5) For control devices that are capable of continuous vapor 
processing but do not meet the conditions in (a)(7)(i)(B) of this 
section.
    (A) Sampling sites shall be located at the inlet and outlet of the 
control device, except as provided in paragraph (a)(7)(i)(B) of this 
section.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of paragraph (a)(1) or (a)(4) of this 
section, each run shall represent at least one complete filling period, 
during which liquid organic HAP's are loaded, and samples shall be 
collected using integrated sampling or grab samples taken at least four 
times per hour at approximately equal intervals of time, such as 15-
minute intervals.
    (6) For intermittent vapor processing systems that do not meet the 
conditions in paragraph (a)(1) or (a)(4) of this section, each run shall 
represent at least one complete control device cycle, and samples shall 
be collected using integrated sampling or grab samples taken at least 
four times per hour at approximately equal intervals of time, such as 
15-minute intervals.
    (7) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of sampling sites.
    (i) For an owner or operator complying with the 98-percent total 
organic HAP reduction requirements in Sec. 63.126(b)(1) of this subpart, 
sampling sites shall be located as specified in paragraph (a)(7)(i)(A) 
or (a)(7)(i)(B) of this section.
    (A) Sampling sites shall be located at the inlet and outlet of the 
control device, except as provided in paragraph (a)(7)(i)(B) of this 
section.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of the location of the inlet sampling 
sites shall ensure the measurement of total organic HAP or TOC (minus 
methane and ethane) concentrations in all vent streams and primary and 
secondary fuels introduced into the boiler or process heater. A sampling 
site shall also be located at the outlet of the boiler or process 
heater.
    (ii) For an owner or operator complying with the 20 parts per 
million by volume limit in Sec. 63.126(b)(1) of this subpart, the 
sampling site shall be located at the outlet of the control device.
    (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

[[Page 198]]

and shall be computed for each run using the following equation:

[GRAPHIC] [TIFF OMITTED] TR22AP94.212


where:

CT=Total concentration of organic compounds (minus methane 
and ethane), dry basis, parts per million by volume.
Cj=Concentration of sample components j, dry basis, parts per 
million by volume.
n=Number of components in the sample.
    (iii) If an owner or operator uses Method 18 of 40 CFR part 60, 
appendix A to compute total organic HAP concentration rather than 
organic compounds concentration, the equation in paragraph (a)(9)(ii) of 
this section shall be used except that only organic HAP species shall be 
summed. The list of organic HAP's is provided in table 2 of subpart F of 
this part.
    (iv) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration. The 
sampling site shall be the same as that of the organic 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=FKVs CT

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.


[[Page 199]]


    (D) The organic compound mass emission rates at the inlet and outlet 
of the control device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.214

[GRAPHIC] [TIFF OMITTED] TR22AP94.215


where:

Ei, Eo=Mass flow rate of organic compounds at the 
inlet (i) and outlet (o) of the combustion or recovery device, kilograms 
per hour.
Mij, Moj=Mass of organic compounds at the inlet 
(i) or outlet (o) during testing interval j, kilograms.
T=Total time of all testing intervals, hours.
n=Number of testing intervals.

    (iii) If Method 18 of 40 CFR part 60, appendix A is used to measure 
organic compounds, the mass rates of organic compounds (Ei, 
Eo) shall be computed using the following equations:

[GRAPHIC] [TIFF OMITTED] TR22AP94.216

[GRAPHIC] [TIFF OMITTED] TR22AP94.217


where:

Cij, Coj=Concentration of sample component j of 
the gas stream at the inlet and outlet of the control device, 
respectively, dry basis, parts per million by volume.
MWij, MWoj=Molecular weight of sample component j 
of the gas stream at the inlet and outlet of the control device, 
respectively, gram/gram-mole.
Qi, Qo=Flow rate of gas stream at the inlet and 
outlet of the control device, respectively, dry standard cubic meter per 
minute.
K2=Constant, 2.494  x  10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature for (gram-mole per 
standard cubic meter) is 20  deg.C.

    (iv) Where Method 18 or 25A of 40 CFR part 60, appendix A is used to 
measure the percent reduction in organic compounds, the percent 
reduction across the control device shall be calculated as follows:

[GRAPHIC] [TIFF OMITTED] TR22AP94.218


where:

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.

[[Page 200]]

    (2) An owner or operator is not required to conduct a performance 
test to determine the percent emission reduction or outlet total HAP or 
TOC concentration when a flare is used.
    (c) An owner or operator is not required to conduct a performance 
test when any of the conditions specified in 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

[[Page 201]]

demonstrate compliance with Sec. 63.126(b)(1) of this subpart.
    (3) For each vapor collection system that is operated and maintained 
under negative pressure, the owner or operator is not required to comply 
with the requirements specified in Sec. 63.148 of this subpart.
    (f) For the purposes of demonstrating vapor tightness to determine 
compliance with Sec. 63.126(e)(2) of this subpart, the following 
procedures and equipment shall be used:
    (1) The pressure test procedures specified in Method 27 of 40 CFR 
part 60, appendix A; and
    (2) A pressure measurement device which has a precision of 1B2.5 
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

[[Page 202]]

within the ranges specified in the Notification of Compliance Status, 
except 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) The percent reduction of total organic HAP or TOC achieved by 
the control device determined as specified in Sec. 63.128(a) of this 
subpart, or the concentration of total organic HAP or TOC (parts per 
million by volume, by compound) determined as specified in 
Sec. 63.128(a) of this subpart at the outlet of the control device. 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

[[Page 203]]

paragraph (b) of this section, the owner or operator shall establish a 
range for the parameter that indicates proper operation of the control 
device. In order to establish the range, the information required in 
Sec. 63.152(b)(2) of this subpart shall be submitted in the Notification 
of Compliance Status or the operating permit application or amendment.
    (d) Each owner or operator shall maintain a record describing in 
detail the vent system used to vent each affected transfer vent stream 
to a control device. This document shall list all valves and vent pipes 
that could vent the stream to the atmosphere, thereby by-passing the 
control device; identify which valves are secured by car-seals or lock-
and-key type configurations; and indicate the position (open or closed) 
of those valves which have car-seals. Equipment leaks such as low leg 
drains, high point bleeds, analyzer vents, open-ended valves or lines, 
and pressure relief valves needed for safety purposes are not subject to 
this paragraph.
    (e) An owner or operator meeting the requirements of Sec. 63.128(h) 
of this subpart shall submit, as part of the 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; 64 FR 20191, Apr. 26, 1999]



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

[[Page 204]]

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 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]

[[Page 205]]



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 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.

[[Page 206]]

    (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.
    (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.

[[Page 207]]

    (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 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

[[Page 208]]

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 
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

[[Page 209]]

Group 1 wastewater stream except when it is necessary to use the opening 
for wastewater sampling, removal, or for equipment inspection, 
maintenance, or repair.
    (2) The control device shall be designed, operated, and inspected in 
accordance with the requirements of Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with the 
requirements of Sec. 63.148 of this subpart.
    (4) For any fixed roof tank and closed-vent system that is operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (c) If the owner or operator elects to comply with the requirements 
of paragraph (a)(2)(ii) of this section, the floating roof shall be 
inspected according to the procedures specified in Sec. 63.120(a)(2) and 
(a)(3) of this subpart.
    (d) Except as provided in paragraph (e) of this section, if the 
owner or operator elects to comply with the requirements of 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

[[Page 210]]

the width of any portion of any gap between the primary seal and the 
tank wall exceeds 3.81 centimeters.
    (vii) There are gaps between the secondary seal of an external 
floating roof and the wall of the wastewater tank that exceed 21.2 
square centimeters per meter of tank diameter or the width of any 
portion of any gap between the secondary seal and the tank wall exceeds 
1.27 centimeters.
    (viii) Where a metallic shoe seal is used on an external floating 
roof, one end of the metallic shoe does not extend into the stored 
liquid or one end of the metallic shoe does not extend a minimum 
vertical distance of 61 centimeters above the surface of the stored 
liquid.
    (ix) A gasket, joint, lid, cover, or door 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 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.

[62 FR 2753, Jan. 17, 1997, as amended at 64 FR 20191, Apr. 26, 1999]



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.

[[Page 211]]

    (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)(ii)(A) 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 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, as amended at 64 FR 20191, Apr. 26, 1999]



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

[[Page 212]]

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 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]

[[Page 213]]



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 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

[[Page 214]]

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 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

[[Page 215]]

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
    (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.

[[Page 216]]

    (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.
    (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

[[Page 217]]

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 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

[[Page 218]]

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 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

[[Page 219]]

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 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.

[[Page 220]]

    (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 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

[[Page 221]]

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 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

[[Page 222]]

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 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

[[Page 223]]

the vent stream composition, constituent concentrations, and flow rate; 
shall establish the design minimum and average flame zone temperatures 
and combustion zone residence time; and shall describe the method and 
location where the vent stream is introduced into the flame zone.
    (iv) For a condenser, the design evaluation shall consider the vent 
stream composition, constituent concentrations, flow rate, relative 
humidity, and temperature and shall establish the design outlet organic 
compound concentration level, design average temperature of the 
condenser exhaust vent stream, and the design average temperatures of 
the coolant fluid at the condenser inlet and outlet.
    (v) For a carbon adsorption system that regenerates the carbon bed 
directly on-site in the control device such as a fixed-bed adsorber, the 
design evaluation shall consider the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature and shall establish the design exhaust vent stream organic 
compound concentration level, adsorption cycle time, number and capacity 
of carbon beds, type and working capacity of activated carbon used for 
carbon beds, design total regeneration stream 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, and 
from the requirements of paragraph (e) 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 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.

[[Page 224]]

    (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, as amended at 64 FR 20192, Apr. 26, 1999]



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

    (a) 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 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

[[Page 225]]

requirements specified in paragraph (e)(1), (e)(2), or (e)(3) of this 
section.
    (1) The owner or operator shall comply with the monitoring 
requirements specified in table 13 of this subpart; or
    (2) The owner or operator shall use an organic monitoring device 
installed at the outlet of the control device and equipped with a 
continuous recorder. Continuous recorder is defined in Sec. 63.111 of 
this subpart; or
    (3) The owner or operator shall request approval to monitor 
parameters other than those specified in paragraphs (e)(1) and (e)(2) of 
this section. The request shall be submitted according to the procedures 
specified in Sec. 63.151(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

[[Page 226]]

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 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.

[[Page 227]]

    (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 
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

[[Page 228]]

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 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

[[Page 229]]

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 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

[[Page 230]]

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 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

[[Page 231]]

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 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).

[[Page 232]]

    (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 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

[[Page 233]]

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 measurement 
devices, respectively. 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 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.

[[Page 234]]

    (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 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.

[[Page 235]]

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 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:
     (Eqn WW5) [Reserved]
    [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 236]]

[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 237]]

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

[[Page 238]]

mass removal for each Group 1 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 239]]

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.
=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 240]]

[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 two 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 and 2 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. If a biological treatment process 
does not meet the requirement specified in paragraph (h)(1)(i) 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)(ii) of this section. If a biological treatment 
process meets the requirements of paragraph (h)(1)(i) of this section 
but does not meet the

[[Page 241]]

requirement specified 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) of this section.
    (i) Enhanced biological treatment processes. If the biological 
treatment process meets the definition of ``enhanced biological 
treatment process'' in Sec. 63.111 of this subpart and the wastewater 
streams include one or more compounds on list 2 of table 36 of this 
subpart that do not meet the criteria in paragraph (h)(1)(ii) of this 
section, 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) Biological treatment processes that are not enhanced biological 
treatment processes. For biological treatment processes that do not meet 
the definition for ``enhanced biological treatment process'' in 
Sec. 63.111 of this subpart, the owner or operator shall determine the 
fbio for the list 1 and 2 compounds using any of the 
procedures in appendix C to part 63, except procedure 3 (inlet and 
outlet concentration measurements). (The symbol ``fbio'' 
represents the site specific fraction of an individual Table 8 or Table 
9 compound that is biodegraded.)
    (i) 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.
    (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 for each run using the following equation:

[[Page 242]]

[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 shall be summed using Equations WW16 and WW17.

[[Page 243]]

[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.
    (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, as amended at 63 FR 67793, Dec. 9, 1998; 64 
FR 20192, Apr. 26, 1999]

[[Page 244]]



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), (c)(1), (d), (e), (f), or (g) 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. An owner or operator 
using the design steam stripper compliance option specified 
Sec. 63.138(d) of this subpart does not have to submit the information 
specified in paragraph (b)(8)(i)(A) or (b)(8)(i)(B) of this section. 
However, the monitoring requirements specified in Item 2 of table 12 of 
this subpart still apply.
    (A) The information on parameter ranges specified in 
Sec. 63.152(b)(2) of this subpart for the parameters approved by

[[Page 245]]

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 246]]

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, as amended at 64 FR 20192, Apr. 26, 1999]



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 3 of table 12 of this subpart, the owner or 
operator shall keep the records approved by the Administrator.
    (5) Except as provided in paragraph (e) of this section, continuous 
records of the monitored parameters specified in Item 2 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 247]]

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, as amended at 64 FR 20192, Apr. 26, 1999]



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 conduct initial visual inspections and semi-annual visual 
inspections for visible, audible, or olfactory indications of leaks as 
specified in Secs. 63.133 through 63.137 of this subpart.
    (c) Each vapor collection system and closed vent system 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 248]]

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 (c)(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 249]]

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 250]]

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; 64 FR 20192, Apr. 26, 1999]



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 251]]

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 252]]

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 253]]

[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 254]]


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 255]]

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,
[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.

[[Page 256]]

    (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.
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:


[[Page 257]]


[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.
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:


[[Page 258]]


[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.

    (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:


[[Page 259]]


[GRAPHIC] [TIFF OMITTED] TR22AP94.268


where:

Tj = Average annual bulk temperature of individual organic 
HAP loaded at the transfer rack, Kelvin (  deg.C + 273).

G, Gj, and n as defined in paragraph (g)(4)(ii) of this 
section.
    (v) The following procedures and equations shall be used to 
calculate ETRiACTUAL:
    (A) If the transfer rack is not controlled, ETRiACTUAL = 
ETRiu, where ETRiu is calculated using the 
equations specified in paragraphs (g)(4)(i) through (g)(4)(iv) of this 
section.
    (B) If the transfer rack is controlled using a control device or a 
pollution prevention measure achieving less than the 98-percent 
reduction,

[GRAPHIC] [TIFF OMITTED] TR22AP94.269

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec. 63.128(a) 
of this subpart. For a flare meeting the criteria in Sec. 63.128(b) of 
this subpart or a boiler or process heater meeting the criteria in 
Sec. 63.128(c) of this subpart, the percent reduction shall be 98 
percent. If testing is not feasible, percent reduction shall be 
determined through a design evaluation according to the procedures 
specified in Sec. 63.128(h) of this subpart.
    (2) Procedures for calculating the percent reduction for pollution 
prevention measures are specified in paragraph (j) of this section.
    (5) Emissions from wastewater shall be calculated as follows:
    (i) The following equation shall be used for each wastewater stream 
i to calculate EWWic:

[GRAPHIC] [TIFF OMITTED] TR26AP99.004

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 table 9 HAP in wastewater stream i.
Frm = Fraction removed of table 9 HAP m in wastewater, from 
table 9, dimensionless.
Fem = Fraction emitted of table 9 HAP m in wastewater, from 
table 34, dimensionless.
HAPim = Average concentration of table 9 HAP m in wastewater 
stream i, parts per million by weight.

    (A) HAPim shall be determined for the point of 
determination or, at a location downstream of the point of determination 
and adjusted according as specified in Sec. 63.144(b)(6) of this 
subpart, by developing and using the sampling plan specified in 
Sec. 63.144(b)(5)(ii) of this subpart. The samples collected may be 
analyzed by any of the methods specified in Sec. 63.144(b)(5)(i)(B) 
through (b)(5)(i)(F) of this subpart. Concentration measurements based 
on Method 305 shall be adjusted by dividing each concentration by the 
compound-specific Fm factor listed on table 34 of this subpart. 
Concentration measurements other than Method 305 shall not be adjusted 
by the compound-specific Fm factor listed in table 34 of this subpart.
    (B) Values for Qi, HAPim, and Cim 
shall be determined during a performance test conducted under 
representative conditions as specified in Sec. 63.145(a)(3)

[[Page 260]]

and (a)(4) of this subpart. 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 of this subpart, as applicable, which specify equipment 
and work practices for suppressing and controlling vapors. 
Qi, Hi, s, Fem, and HAPim 
are as defined and determined according to paragraph (g)(5)(i) of this 
section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.005

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.
    (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 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). Qi, 
Hi, s, Fem, and HAPim are as defined 
and determined according to paragraph (g)(5)(i) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.006

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 table 9 HAP m in wastewater, dimensionless, as 
calculated by:
[GRAPHIC] [TIFF OMITTED] TR26AP99.007

Where:
HAPim-in = Average concentration of table 9 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 table 9 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(i) or (j) of this subpart.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2

[[Page 261]]

emission point and the actual emissions from a Group 1 or Group 2 
emission point that has been controlled after November 15, 1990 to a 
level more stringent than what is required by this subpart or any other 
State or Federal rule or statute. Credits shall be calculated as 
follows:
    (1) The overall equation for calculating source-wide credits is:

    [GRAPHIC] [TIFF OMITTED] TR22AP94.550
    


where: Credits and all terms of the equation are in units of megagrams 
per month, the baseline date is November 15, 1990, and:

D=Discount factor=0.9 for all credit generating emission points except 
those controlled by a pollution prevention measure, which will not be 
discounted.
EPV1iACTUAL=Emissions for each Group 1 process vent i that is 
controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(2) of this section.
(0.02) EPV1iu=Emissions from each Group 1 process vent i if 
the reference control technology had been 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.

[[Page 262]]

EWW1ic = Emissions from each Group 1 wastewater stream i if 
the reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (h)(5) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater stream i 
that is controlled, calculated according to paragraph (h)(5) of this 
section.
EWW2iBASE = Emissions from each Group 2 wastewater stream i 
at the baseline date, calculated according to paragraph (h)(5) of this 
section.
n = Number of Group 1 emission points included in the emissions average. 
The value of n is not necessarily the same for process vents, storage 
vessels, transfer racks, and wastewater.
m = Number of Group 2 emission points included in the emissions average. 
The value of m is not necessarily the same for process vents, storage 
vessels, transfer racks, and wastewater.

    (i) For an emission point controlled using a reference control 
technology, the percent reduction for calculating credits shall be no 
greater than the nominal efficiency associated with the reference 
control technology, unless a higher nominal efficiency is assigned as 
specified in paragraph (h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent than 
the reference control technology, the nominal efficiency for calculating 
credits shall be assigned as described in paragraph (i) of this section. 
A reference control technology may be approved for use in a different 
manner and assigned a higher nominal efficiency according to the 
procedures in paragraph (i) of this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be as 
determined as described in paragraph (j) of this section.
    (2) Emissions from process vents shall be determined as follows:
    (i) Uncontrolled emissions from Group 1 process vents, 
EPV1iu, shall be calculated according to the procedures and 
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section.
    (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

[[Page 263]]

in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of this 
section, except as provided in paragraph (h)(2)(iii)(A)(4) of this 
section.
    (3) If a recovery device was added as part of a pollution prevention 
project, EPV2iu shall be calculated prior to that recovery 
device. The equation for EPViu in paragraph (g)(2)(ii) of 
this section shall be used to calculate EPV2iu; however, the 
sampling site for measurement of vent stream flow rate and organic HAP 
concentration shall be at the inlet of the recovery device.
    (4) If a recovery device was added as part of a pollution prevention 
project, the percent reduction shall be demonstrated by conducting a 
performance test at the inlet and outlet of that recovery device.
    (B) For a Group 2 process vent controlled using a technology with an 
approved nominal efficiency greater than 98 percent or a pollution 
prevention measure achieving greater than 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.277

    (iv) Emissions from Group 2 process vents at baseline, 
EPV2iBASE, shall be calculated as follows:
    (A) If the process vent was uncontrolled on November 15, 1990, 
EPV2iBASE=EPV2iu and shall be 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


[[Page 264]]


    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 storage vessels, ES2iACTUAL:
    (A) For a Group 2 storage vessel controlled using a control device 
or a pollution prevention measure (other than an internal or external 
floating roof) achieving a percent reduction less than or equal to 95-
percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.280

    (1) ES2iu is calculated according to the equations and 
procedures for ESiu in paragraph (g)(3)(i) of this section.
    (2) The percent reduction shall be calculated according to the 
procedures in paragraphs (g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) of this 
section.
    (3) If an internal or external floating roof meeting the 
specifications of Sec. 63.119 (b), (c), or (d) of this subpart is used 
to control the vessel, the percent reduction shall be 95 percent.
    (B) If a Group 2 storage vessel is controlled with an internal or 
external floating roof not meeting the specifications of Sec. 63.119 
(b), (c), or (d) of this subpart, ES2iACTUAL shall be 
calculated as specified for ESiACTUAL in paragraph 
(g)(3)(iii) or (g)(3)(iv) of this section.
    (C) For a Group 2 storage vessel controlled using a technology with 
an approved nominal efficiency greater than 95 percent or a pollution 
prevention measure achieving greater than 95 percent reduction,
[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


[[Page 265]]



where ES2iu shall be calculated according to the equations 
for ESiu in paragraph (g)(3)(i) of this section. The percent 
reduction shall be calculated according to the procedures in paragraphs 
(g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) of this section.
    (4) Emissions from transfer racks shall be determined as follows:
    (i) Uncontrolled emissions from Group 1 transfer racks, 
ETR1iu, shall be calculated according to the procedures and 
equations for ETRiu as described in paragraphs (g)(4)(i) 
through (g)(4)(iv) of this section.
    (ii) Actual emissions from Group 1 transfer racks controlled using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than 98 percent 
emission reduction, ETRiACTUAL, shall be calculated according 
to the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.283

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 transfer racks, ETR2iACTUAL:
    (A) For a Group 2 transfer rack controlled by a control device or a 
pollution prevention measure achieving a percent reduction less than or 
equal to 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.284

    (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,

[[Page 266]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.286


where ETR2iu is calculated according to the procedures and 
equations for ETRiu in paragraphs (g)(4)(i) through 
(g)(4)(iv) of this section. Percent reduction shall be calculated 
according to the procedures in paragraphs (g)(4)(v)(B)(1) and 
(g)(4)(v)(B)(2) of this section.
    (5) Emissions from wastewater shall be determined as follows:
    (i) EWW1ic shall be calculated according to the equation 
for EWWic in paragraph (g)(5)(i) of this section.
    (ii) EWW2iBASE shall be calculated according to the 
equation for EWWiACTUAL in paragraph (g)(5)(ii) of this 
section for each Group 2 wastewater stream i, which on November 15, 
1990, was not managed according to the requirements of Secs. 63.133 
through 63.137 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 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 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 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 concentration of table 9 HAP for 
stream i greater than that of the design steam stripper specified in 
Sec. 63.138(d) of this subpart, and the control device used to reduce 
table 9 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. All terms in this equation are as 
defined and determined in paragraph (g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.008

    (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 table 9 HAP concentration greater than that 
of the design steam stripper specified in Sec. 63.138(d) of this 
subpart, but the vapor stream(s) vented from

[[Page 267]]

the treatment process(es) are controlled using a device with an approved 
nominal efficiency greater than 95 percent, the following equation shall 
be used. All terms other than nominal efficiency are as defined and 
determined in paragraph (g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.009

    (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 table 9 HAP concentration greater 
than that of the design steam stripper specified in Sec. 63.138(d) 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. All terms 
other than nominal efficiency are as defined and determined in paragraph 
(g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.010

    (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.

[[Page 268]]

    (iv) A description of the parameter or parameters to be monitored to 
ensure that the control technology will be operated in conformance with 
its design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) The Administrator shall determine within 120 calendar days 
whether an application presents sufficient information to determine 
nominal efficiency. The Administrator reserves the right to request 
specific data in addition to the items listed in paragraph (i)(1) of 
this section.
    (3) The Administrator shall determine within 120 calendar days of 
the submittal of sufficient data whether a control technology shall have 
a nominal efficiency and the level of that nominal efficiency. If, in 
the Administrator's judgment, the control technology achieves a level of 
emission reduction greater than the reference control technology for a 
particular kind of emission point, the Administrator will publish a 
Federal Register notice establishing a nominal efficiency for the 
control technology.
    (4) The Administrator may condition permission to take emission 
credits for use of the control technology on requirements that may be 
necessary to ensure operation and maintenance to achieve the specified 
nominal efficiency.
    (5) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology and the different 
control technology will be used in no more than three applications at a 
single plant site, the information listed in paragraphs (i)(1)(i) 
through (i)(1)(iv) can be submitted to the permitting authority for the 
source 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. When the term 
``organic HAP'' is used in

[[Page 269]]

Sec. 63.150(j)(2) in reference to wastewater emission points, the term 
``table 9 HAP'' shall apply for the purposes of this paragraph.
    (i) For pollution prevention measures, the percent reduction used in 
the equations in paragraphs (g)(2) through (g)(5) of this section and 
paragraphs (h)(2) through (h)(5) of this section is the percent 
difference between the monthly organic HAP emissions for each emission 
point after the pollution prevention measure for the most recent month 
versus monthly emissions from the same emission point before the 
pollution prevention measure, adjusted by the volume of product produced 
during the two monthly periods.
    (ii) The following equation shall be used to calculate the percent 
reduction of a pollution prevention measure for each emission point.
[GRAPHIC] [TIFF OMITTED] TR22AP94.290


where:

Percent reduction=Efficiency of pollution prevention measure (percent 
organic HAP reduction).
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] TR26AP99.011
    
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 table 9 HAP in wastewater stream i.
Fem = Fraction emitted of table 9 HAP m in wastewater of this 
subpart, dimensionless.
HAPBim = Average concentration of table 9 HAP m in wastewater 
stream i, defined and determined according to paragraph (g)(5)(i) of 
this section, before the pollution prevention measure, parts per million 
by weight, as measured before the implementation of the pollution 
measure.
    (C) If the pollution prevention measure was implemented prior to 
April 22, 1994, records may be used to determine EB.
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance

[[Page 270]]

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
    (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.

[[Page 271]]

    (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 emission points, as appropriate to the control techniques:
    (i) For wastewater treatment processes, conduct tests as specified 
in Sec. 63.138(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.

[[Page 272]]

    (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; 
64 FR 20192, Apr. 26, 1999]



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 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.

[[Page 273]]

    (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 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.

[[Page 274]]

    (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.
    (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.

[[Page 275]]

    (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, 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

[[Page 276]]

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.
    (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.

[[Page 277]]

    (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, written information specified under 
paragraphs (e)(1) through (e)(5) of this section, containing information 
on the new emission point(s) shall be submitted to the EPA regional 
office where the source is located.

[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; 64 FR 20195, Apr. 
26, 1999]

[[Page 278]]



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 
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.

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    (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.
    (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.

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    (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) A monitored parameter that is outside its established range or 
monitoring data that are not collected are excursions. However, if the 
conditions in paragraph (c)(2)(ii)(C)(1) or (c)(2)(ii)(C)(2) of this 
section are met, these excursions are not violations and do not count 
toward the number of excused excursions for determining compliance.
    (1) Periods of start-up, shutdown, or malfunction. During periods of 
start-up, shutdown, or malfunction when 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.
    (2) Periods of nonoperation. During periods of nonoperation of the 
chemical manufacturing process unit, or portion thereof, that results in 
cessation of the emissions to which the monitoring applies.
    (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 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.

[[Page 281]]

    (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 required under paragraph (c)(1) of this section.

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    (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 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) 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 operating day, the 15-
minute or more frequent average values and readings

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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 
throughout each operating day, a running average of the monitoring 
values that have been obtained during that

[[Page 284]]

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 period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (g)(2)(iv) of this section,

[[Page 285]]

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; 64 FR 20195, Apr. 
26, 1999]

                Appendix to Subpart G--Tables and Figures

[[Page 286]]



         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 287]]


  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 288]]

 
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 d.............................  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 or volumetric flow for each carbon
                                           during carbon bed            bed regeneration cycle.
                                           regeneration cycle(s)       2. Record and report the total
                                           [63.114(b)(3)], and.         regeneration stream mass or volumetric
                                                                        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 or volumetric 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.
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
                                           (b)].

[[Page 289]]

 
                                                                       3. Record the daily average concentration
                                                                        level or reading for each operating day
                                                                        e.
                                                                       4. Report all daily average concentration
                                                                        levels or readings that are outside the
                                                                        range established in the NCS or
                                                                        operating permit--PR.
----------------------------------------------------------------------------------------------------------------
aRegulatory 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  capacity151...................  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
----------------------------------------------------------------------------------------------------------------
                                                                        Recordkeeping and reporting requirements
             Control device               Parameters to be monitoreda          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--PRg
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 290]]

 
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 collectedf--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 291]]

 
Carbon adsorberh........................  Total regeneration stream    1. Record of total regeneration stream
                                           mass or volumetric or        mass or volumetric flow for each carbon
                                           volumetric flow during       bed regeneration cycle.
                                           carbon bed regeneration     2. Record and report the total
                                           cycle(s) [63.127(b)(3)],     regeneration stream mass or volumetric
                                           and.                         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 or volumetric flow is
                                                                        outside the range established in the NCS
                                                                        or operating permit and all operating
                                                                        days when insufficient monitoring data
                                                                        are collectedf--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 collectedf--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
                                           [63.127(b)].
                                                                       3. Record the daily average concentration
                                                                        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).

[[Page 292]]

 
Xylene (m-).............................................          108383
Xylene (p-).............................................          106423
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number
  assigned to specific compounds, isomers, or mixtures of compounds.
Note.--The list of organic HAP's on table 8 is a subset of the list of
  organic HAP's on table 9 of this subpart.


Table 9.--Organic HAP's Subject to the Wastewater Provisions for Process
  Units at New and Existing Sources and Corresponding Fraction Removed
                               (Fr) Values
------------------------------------------------------------------------
                    Chemical name                      CAS No.a     Fr
------------------------------------------------------------------------
Acetaldehyde........................................      75070     0.95
Acetonitrile........................................      75058     0.62
Acetophenone........................................      98862     0.72
Acrolein............................................     107028     0.96
Acrylonitrile.......................................     107131     0.96
Allyl chloride......................................     107051     0.99
Benzene.............................................      71432     0.99
Benzyl chloride.....................................     100447     0.99
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

[[Page 293]]

 
Styrene.............................................     100425     0.99
Tetrachloroethane (1,1,2,2-)........................      79345     0.99
Tetrachloroethylene (Perchloroethylene).............     127184     0.99
Toluene.............................................     108883     0.99
Toluidine (o-)......................................      95534     0.44
Trichlorobenzene (1,2,4-)...........................     120821     0.99
Trichloroethane (1,1,1-) (Methyl chloroform)........      71556     0.99
Trichloroethane (1,1,2-) (Vinyl trichloride)........      79005     0.99
Trichloroethylene...................................      79016     0.99
Trichlorophenol (2,4,5-)............................      95954     0.96
Triethylamine.......................................     121448     0.99
Trimethylpentane (2,2,4-)...........................     540841     0.99
Vinyl acetate.......................................     108054     0.99
Vinyl chloride (Chloroethylene).....................      75014     0.99
Vinylidene chloride (1,1-Dichloroethylene)..........      75354     0.99
Xylene (m-).........................................     108383     0.99
Xylene (o-).........................................      95476     0.99
Xylene (p-).........................................     106423     0.99
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number
  assigned to specific compounds, isomers, or mixtures of compounds.


     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)
------------------------------------------------------------------------


            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.

[[Page 294]]

 
    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.
                                     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 295]]


                       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 296]]


                        Table 14-14b  [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 297]]

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


   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  1. Report all daily averagea firebox
 a design heat input capacity   temperatures that are outside the range
 less than 44 megawatts and     established in the NCS b or operating
 vent stream is not mixed       permit and all operating days when
 with the primary fuel.         insufficient monitoring data are
                                collected.c
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.


 Table 21.--Average Storage Temperature (Ts) as a Function of Tank Paint
                                  Color
------------------------------------------------------------------------
                                                               Average
                                                               Storage
                         Tank Color                          Temperature
                                                                 (Ts)
------------------------------------------------------------------------
White......................................................     TA a = 0
Aluminum...................................................     TA = 2.5
Gray.......................................................     TA = 3.5
Black......................................................      TA= 5.0
------------------------------------------------------------------------
a TA is the average annual ambient temperature in degrees Fahrenheit.


[[Page 298]]


                                  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.


 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).

[[Page 299]]

 
    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.
b SD=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.
d SD=(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
    With rim-mounted secondary seal.....     0.2     2.6      NA      NA
------------------------------------------------------------------------
a NA=Not applicable.


[[Page 300]]


           Table 30.--Roof Fitting Loss Factors, KFa, KFb, and m,a and Typical Number of Fittings, NT
----------------------------------------------------------------------------------------------------------------
                                                    Loss factorsb
   Fitting type and construction   ----------------------------------------------
              details               KFa (lb-mole/ KFb (lb-mole/         m         Typical number of 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-  ............  .............  ...............  (d).
 in-diameter unslotted pole, 21-in-
 diameter well).
    Ungasketed sliding cover,               0           310                1.2
     without float.
    Ungasketed sliding cover, with          0            29                2.0
     float.
    Gasketed sliding cover,                 0           260                1.2
     without float.
    Gasketed sliding cover, with            0             8.5              1.4
     float.
Gauge-float well (20-inch           ............  .............  ...............  1.
 diameter).
    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      ............  .............  ...............  NF6 (Table 31).
 well).
    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
 
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 301]]


 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 302]]

 
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             107062   1.00       0.64
 dichloride)...........................
Dichloroethyl ether (Bis(2-Chloroethyl      111444   0.76       0.21
 ether))...............................
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-               106898   0.94       0.35
 epoxypropane).........................
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            110496   0.093      0.048
 acetate...............................
Ethylene oxide.........................      75218   1.00       0.50
Ethylidene dichloride (1,1-                  75343   1.00       0.79
 Dichloroethane).......................
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-                   78875   1.00       0.72
 Dichloropropane)......................
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             71556   1.00       0.91
 chloroform)...........................
Trichloroethane (1,1,2-) (Vinyl              79005   1.00       0.60
 Trichloride)..........................
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-                    75354   1.00       0.94
 Dichloroethylene).....................
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 303]]


  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(h))
----------------------------------------------------------------------------------------------------------------
               List 1                                                   List 2
----------------------------------------------------------------------------------------------------------------
Acetonitrile........................  Acetaldehyde.
Acetophenone........................  Acrolein.
Acrylonitrile.......................  Allyl Chloride.
Biphenyl............................  Benzene.
Chlorobenzene.......................  Benzyl Chloride,
Dichloroethyl Ether.................  Bromoform.
Diethyl Sulfate.....................  Bromomethane.
Dimethyl Sulfate....................  Butadiene 1,3.
Dimethyl Hydrazine 1,1..............  Carbon Disulfide.
Dinitrophenol 2,4...................  Carbon Tetrachloride
Dinitrotoluene 2,4..................  Chloroethane (ethyl chloride).
Dioxane 1,4.........................  Chloroform.
Ethylene Glycol Monobutyl...........  Chloroprene.
Ether Acetate.......................
Ethylene Glycol Monomethyl..........  Cumene (isopropylbenzene).
Ether Acetate.......................
Ethylene Glycol Dimethyl Ether......  Dibromoethane 1,2.
Hexachlorobenzene...................  Dichlorobenzene 1,4.
Isophorone..........................  Dichloroethane 1,2.
Methanol............................  Dichloroethane 1,1 (ethylidene dichloride).
Methyl Methacrylate.................  Dichloroethene 1,1 (vinylidene chloride).
Nitrobenzene........................  Dichloropropane 1,2.
Toluidine...........................  Dichloropropene 1,3.
Trichlorobenzene 1,2,4..............  Dimethylaniline N,N.

[[Page 304]]

 
Trichlorophenol 2,4,6...............  Epichlorohydrin.
Triethylamine.......................  Ethyl Acrylate.
                                      Ethylbenzene.
                                      Ethylene Oxide.
                                      Ethylene Dibromide.
                                      Hexachlorobutadiene.
                                      Hexachloroethane.
                                      Hexane-n.
                                      Methyl Isobutyl Ketone.
                                      Methyl Tertiary Butyl Ether.
                                      Methyl Ethyl Ketone, (2-butanone).
                                      Methyl Chloride.
                                      Methylene Chloride (dichloromethane).
                                      Naphthalene.
                                      Nitropropane 2
                                      Phosgene.
                                      Propionaldehyde.
                                      Propylene Oxide.
                                      Styrene.
                                      Tetrachloroethane 1,1,2,2.
                                      TolueneTrichloroethane 1,1,1 (methyl chloroform).
                                      Trichloroethane 1,1,2.
                                      Trichloroethylene.
                                      Trimethylpentane 2,2,4.
                                      Vinyl Chloride.
                                      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
------------------------------------------------------------------------


[[Page 305]]

      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.
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; 63 FR 67793, 
Dec. 9, 1998; 64 FR 20195, Apr. 26, 1999]



    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 
closed vent 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.

[[Page 306]]

    (2) 40 CFR part 61 will be required to comply only with the 
provisions of this subpart.
    (c) If a process unit subject to the provisions of this subpart has 
equipment to which this subpart does not apply, but which is subject to 
a standard identified in paragraph (c)(1), (c)(2), or (c)(3) of this 
section, the owner or operator may elect to apply this subpart to all 
such equipment in the process unit. If the owner or operator elects this 
method of compliance, all VOC in such equipment shall be considered, for 
purposes of applicability and compliance with this subpart, as if it 
were organic hazardous air pollutant (HAP). Compliance with the 
provisions of this subpart, in the manner described in this paragraph, 
shall be deemed to constitute compliance with the standard identified in 
paragraph (c)(1), (c)(2), or (c)(3) of this section.
    (1) 40 CFR part 60, subpart VV, GGG, or KKK; (2) 40 CFR part 61, 
subpart F or J; or (3) 40 CFR part 264, subpart BB or 40 CFR part 265, 
subpart BB.
    (2) [Reserved]
    (d) The provisions in Sec. 63.1(a)(3) of subpart A of this part do 
not alter the provisions in paragraph (b) of this section.
    (e) Except as provided in any subpart that references this subpart, 
lines and equipment not containing process fluids are not subject to the 
provisions of this subpart. Utilities, and other non-process lines, such 
as heating and cooling systems which do not combine their materials with 
those in the processes they serve, are not considered to be part of a 
process unit.
    (f) The provisions of this subpart do not apply to research and 
development facilities or to bench-scale batch processes, regardless of 
whether the facilities or processes are located at the same plant site 
as a process subject to the provisions of this subpart.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
59 FR 53360, Oct. 24, 1994; 60 FR 18029, Apr. 10, 1995; 61 FR 31439, 
June 20, 1996; 64 FR 20198, Apr. 26, 1999]



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.

[[Page 307]]

    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.
    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,

[[Page 308]]

    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
deg.C is equal to or greater than 20 percent by weight of the total 
process stream, and
    (3) The fluid is a liquid at operating conditions.
    Note: Vapor pressures may be determined by the methods described in 
40 CFR 60.485(e)(1).
    In liquid service means that a piece of equipment in organic 
hazardous air pollutant service is not in gas/vapor service.
    In organic hazardous air pollutant or in organic HAP service means 
that a piece of equipment either contains or contacts a fluid (liquid or 
gas) that is at least 5 percent by weight of total organic HAP's as 
determined according to the provisions of Sec. 63.180(d) of this 
subpart. The provisions of Sec. 63.180(d) of this subpart also specify 
how to determine that a piece of equipment is not in organic HAP 
service.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    In volatile organic compound or in VOC service means, for the 
purposes of this subpart, that:
    (1) The piece of equipment contains or contacts a process fluid that 
is at least 10 percent VOC by weight (see 40 CFR 60.2 for the definition 
of VOC, and 40 CFR 60.485(d) to determine whether a piece of equipment 
is not in VOC service); and
    (2) The piece of equipment is not in heavy liquid service as defined 
in 40 CFR 60.481.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    Initial start-up means the first time a new or reconstructed source 
begins production. Initial start-up does not include operation solely 
for testing equipment. Initial start-up does not include subsequent 
start-ups (as defined in this section) of process units following 
malfunctions or process unit shutdowns.
    Instrumentation system means a group of equipment components used to 
condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are the 
predominant type of equipment used in instrumentation systems; however, 
other types of equipment may also be included in these systems. Only 
valves nominally 0.5 inches and smaller, and connectors nominally 0.75 
inches and smaller in diameter are considered instrumentation systems 
for the purposes of this subpart. Valves greater than nominally 0.5 
inches and connectors greater than nominally 0.75 inches associated with 
instrumentation systems are not considered part of instrumentation 
systems and must be monitored individually.
    Liquids dripping means any visible leakage from the seal including 
dripping, spraying, misting, clouding, and ice formation. Indications of 
liquid dripping include puddling or new stains that are indicative of an 
existing evaporated drip.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a process 
unit shutdown.
    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

[[Page 309]]

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 
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

[[Page 310]]

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.
    (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

[[Page 311]]

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 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 
(j) of this section.
    (2) The instrument reading, as determined by the method as specified 
in

[[Page 312]]

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 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

[[Page 313]]

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 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; 64 FR 20198, Apr. 
26, 1999]



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

[[Page 314]]

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 (g) 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 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; 64 FR 20198, Apr. 26, 1999]



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]

[[Page 315]]



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.
    (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

[[Page 316]]

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.
    (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.


[[Page 317]]


    (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 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.

[[Page 318]]

    (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 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]

[[Page 319]]



Sec. 63.171  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
is allowed if the repair is technically infeasible without a process 
unit shutdown. Repair of this equipment shall occur by the end of the 
next process unit shutdown.
    (b) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that does 
not remain in organic HAP service.
    (c) Delay of repair for valves, connectors, and agitators is also 
allowed if:
    (1) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec. 63.172 of this subpart.
    (d) Delay of repair for pumps is also allowed if:
    (1) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined under the provisions of 
Sec. 63.176(d) of this subpart will provide better performance or:
    (i) A dual mechanical seal system that meets the requirements of 
Sec. 63.163(e) of this subpart,
    (ii) A pump that meets the requirements of Sec. 63.163(f) of this 
subpart, or
    (iii) A closed-vent system and control device that meets the 
requirements of Sec. 63.163(g) of this subpart; and
    (2) Repair is completed as soon as practicable, but not later than 6 
months after the leak was detected.
    (e) Delay of repair beyond a process unit shutdown will be allowed 
for a valve if valve assembly replacement is necessary during the 
process unit shutdown, valve assembly supplies have been depleted, and 
valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay of repair beyond the second process unit 
shutdown will not be allowed unless the third process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994]



Sec. 63.172  Standards: Closed-vent systems and control devices.

    (a) Owners or operators of closed-vent systems and control devices 
used to comply with provisions of this subpart shall comply with the 
provisions of this section, except as provided in Sec. 63.162(b) of this 
subpart.
    (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:

[[Page 320]]

    (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 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

[[Page 321]]

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 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

[[Page 322]]

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 (a) through (d) of this 
section if:
    (1) The owner or operator of the agitator determines that the 
agitator is unsafe to monitor because monitoring personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (a) through (d) of this section; and
    (2) The owner or operator of the agitator has a written plan that 
requires monitoring of the agitator as frequently as practical during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable.

[59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31440, June 20, 1996; 
62 FR 2791, Jan. 17, 1997; 64 FR 20198, Apr. 26, 1999]



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:

[[Page 323]]

    (i) Once per year (i.e., 12-month period), if the percent leaking 
connectors in the process unit was 0.5 percent or greater during the 
last required annual or biennial monitoring period.
    (ii) Once every 2 years, if the percent leaking connectors was less 
than 0.5 percent during the last required monitoring period. An owner or 
operator may comply with this paragraph by monitoring at least 40 
percent of the connectors in the first year and the remainder of the 
connectors in the second year. The percent leaking connectors will be 
calculated for the total of all monitoring performed during the 2-year 
period.
    (iii) If the owner or operator of a process unit in a biennial leak 
detection and repair program calculates less than 0.5 percent leaking 
connectors from the 2-year monitoring period, the owner or operator may 
monitor the connectors one time every 4 years. An owner or operator may 
comply with the requirements of this paragraph by monitoring at least 20 
percent of the connectors each year until all connectors have been 
monitored within 4 years.
    (iv) If a process unit complying with the requirements of paragraph 
(b) of this section using a 4-year monitoring interval program has 
greater than or equal to 0.5 percent but less than 1 percent leaking 
connectors, the owner or operator shall increase the monitoring 
frequency to one time every 2 years. An owner or operator may comply 
with the requirements of this paragraph by monitoring at least 40 
percent of the connectors in the first year and the remainder of the 
connectors in the second year. The owner or operator may again elect to 
use the provisions of paragraph (b)(3)(iii) of this section when the 
percent leaking connectors decreases to less than 0.5 percent.
    (v) If a process unit complying with requirements of paragraph 
(b)(3)(iii) of this section using a 4-year monitoring interval program 
has 1 percent or greater leaking connectors, the owner or operator shall 
increase the monitoring frequency to one time per year. The owner or 
operator may again elect to use the provisions of paragraph (b)(3)(iii) 
of this section when the percent leaking connectors decreases to less 
than 0.5 percent.
    (4) The use of monitoring data generated before April 22, 1994 to 
qualify for less frequent monitoring is governed by the provisions of 
Sec. 63.180(b)(6).
    (c)(1)(i) Except as provided in paragraph (c)(1)(ii) of this 
section, each connector that has been opened or has otherwise had the 
seal broken shall be monitored for leaks 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

[[Page 324]]

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:
    (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.

[[Page 325]]

    (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 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

[[Page 326]]

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 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.

[[Page 327]]

    (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, 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

[[Page 328]]

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 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

[[Page 329]]

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 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

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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 
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

[[Page 331]]

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
    (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

[[Page 332]]

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 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

[[Page 333]]

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.
    (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

[[Page 334]]

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 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.

[[Page 335]]

    (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 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.

[[Page 336]]

    (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 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)

[[Page 337]]

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.
    (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

[[Page 338]]

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.
    (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:

[[Page 339]]

    (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 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) and (g) 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

[[Page 340]]

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 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

[[Page 341]]

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 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 of this subpart, as specified in paragraphs 
(g)(3)(i) and (g)(3)(ii) 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

[[Page 342]]

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.
    (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.

[[Page 343]]

    (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; 64 FR 20198, Apr. 26, 1999]



Sec. 63.182  Reporting requirements.

    (a) Each owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (a)(1) through (a)(5) of this 
section. Owners or operators requesting an extension of compliance shall 
also submit the report listed in paragraph (a)(6) of this section.
    (1) An Initial Notification described in paragraph (b) of this 
section, and
    (2) A Notification of Compliance Status described in paragraph (c) 
of this section,
    (3) Periodic Reports described in paragraph (d) of this section, and
    (4)-(5) [Reserved]
    (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing an existing source up to 1 
additional year beyond the compliance date specified in the subpart that 
references this subpart.
    (i) For purposes of this subpart, a request for an extension shall 
be submitted to the operating permit authority as part of the operating 
permit application. If the State in which the source is 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

[[Page 344]]

paragraph (b)(2)(i), (b)(2)(ii), or (b)(2)(iii) of this section, as 
applicable.
    (i) For an existing source, the Initial Notification shall be 
submitted within 120 days after the date of promulgation of the subpart 
that references this subpart.
    (ii) For a new source that has an initial start-up 90 days after the 
date of promulgation of this subpart or later, the application for 
approval of construction or reconstruction required by Sec. 63.5(d) of 
subpart A of this part shall be submitted in lieu of the Initial 
Notification. The application shall be submitted as soon as practicable 
before the construction or reconstruction is planned to commence (but it 
need not be sooner than 90 days after the date of promulgation of the 
subpart that references this subpart).
    (iii) For a new source that has an initial start-up prior to 90 days 
after the date of promulgation of the applicable subpart, the Initial 
Notification shall be submitted within 90 days after the date of 
promulgation of the subpart that references this subpart.
    (c) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status within 90 days after the 
compliance dates specified in the subpart in 40 CFR part 63 that 
references this subpart, except as provided in paragraph (c)(4) of this 
section.
    (1) The notification shall provide the information listed in 
paragraphs (c)(1)(i) through (c)(1)(iv) of this section for each process 
unit subject to the requirements of Sec. 63.163 through Sec. 63.174 of 
this subpart.
    (i) Process unit identification.
    (ii) Number of each equipment type (e.g., valves, pumps) excluding 
equipment in vacuum service.
    (iii) Method of compliance with the standard (for example, ``monthly 
leak detection and repair'' or ``equipped with dual mechanical seals'').
    (iv) Planned schedule for each phase of the requirements in 
Sec. 63.163 and Sec. 63.168 of this subpart.
    (2) The notification shall provide the information listed in 
paragraphs (c)(2)(i) and (c)(2)(ii) of this section for each process 
unit subject to the requirements of Sec. 63.178(b) of this subpart.
    (i) Batch products or product codes subject to the provisions of 
this subpart, and
    (ii) Planned schedule for pressure testing when equipment is 
configured for production of products subject to the provisions of this 
subpart.
    (3) The notification shall provide the information listed in 
paragraphs (c)(3)(i) and (c)(3)(ii) of this section for each process 
unit subject to the requirements in Sec. 63.179 of this subpart.
    (i) Process unit identification.
    (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;

[[Page 345]]

    (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;
    (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.
----------------------------------------------------------------------------------------------------------------


[[Page 346]]


  Table 2 to Subpart H--Surge Control Vessels and Bottoms Receivers at
                            Existing Sources
------------------------------------------------------------------------
                                                  Vapor pressure\1\
       Vessel capacity (cubic meters)               (kilopascals)
------------------------------------------------------------------------
75  capacity  151...............   13.1
151  capacity...................   5.2a
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total organic HAP at operating
  temperature as defined in subpart G of this part.


[60 FR 18025, Apr. 10, 1995]

Table 3 to Subpart H--Surge Control Vessels and Bottoms Receivers at New
                                 Sources
------------------------------------------------------------------------
                                                  Vapor pressure\1\
       Vessel capacity (cubic meters)               (kilopascals)
------------------------------------------------------------------------
38  capacity  151...............   13.1
151  capacity...................   0.7
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total organic HAP at operating
  temperature as defined in subpart G of this part.


[60 FR 18025, Apr. 10, 1995]



    Subpart I--National Emission Standards for Organic Hazardous Air 
 Pollutants for Certain Processes Subject to the Negotiated Regulation 
                           for Equipment Leaks

    Source: 59 FR 19587, Apr. 22, 1994, unless otherwise noted.



Sec. 63.190  Applicability and designation of source.

    (a) This subpart provides applicability provisions, definitions, and 
other general provisions that are applicable to sources subject to this 
subpart.
    (b) Except as provided in paragraph (b)(7) of this section, the 
provisions of subparts I and H of this part apply to emissions of the 
designated organic HAP from the processes specified in paragraphs (b)(1) 
through (b)(6) of this section that are located at a plant site that is 
a major source as defined in section 112(a) of the Act. The specified 
processes are further defined in Sec. 63.191.
    (1) Styrene-butadiene rubber production (butadiene and styrene 
emissions only).
    (2) Polybutadiene rubber production (butadiene emissions only).
    (3) The processes producing the agricultural chemicals listed in 
paragraphs (b)(3)(i) through (b)(3)(v) of this section (butadiene, 
carbon tetrachloride, methylene chloride, and ethylene dichloride 
emissions only).
    (i) Captafol,
    (ii) Captan,
    (iii) Chlorothalonil,
    (iv) Dacthal, and
    (v) TordonTM acid.
    (4) Processes producing the polymers/resins or other chemical 
products listed in paragraphs (b)(4)(i) through (b)(4)(vi) of this 
section (carbon tetrachloride, methylene chloride, tetrachloroethylene, 
chloroform, and ethylene dichloride emissions only).
    (i) Hypalon,
    (ii) Oxybisphenoxarsine/1,3-diisocyanate (OBPA),
    (iii) Polycarbonates,
    (iv) Polysulfide rubber,
    (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

[[Page 347]]

not federally enforceable (as defined in subpart A of this part), the 
owner or operator shall document the basis for the determination as 
specified in paragraphs (b)(7)(i)(A) through (b)(7)(i)(C).
    (A) The owner or operator shall identify all HAP emission points at 
the plant site, including those emission points subject to and emission 
points not subject to subparts F, G, and H of this part;
    (B) The owner or operator shall calculate the amount of annual HAP 
emissions released from each emission point at the plant site, using 
acceptable measurement or estimating techniques for maximum expected 
operating conditions at the plant site. Examples of estimating 
procedures that are considered acceptable include the calculation 
procedures in Sec. 63.150 of subpart G, the early reduction 
demonstration procedures specified in Secs. 63.74(c)(2), (c)(3), (d)(2), 
(d)(3), and (g), or accepted engineering practices. If the total annual 
HAP emissions for the plant site are annually reported under EPCRA 
section 313, then such reported annual emissions may be used to satisfy 
the requirements of this paragraph.
    (C) The owner or operator shall sum the amount of annual HAP 
emissions from all emission points on the plant site. If the total 
emissions of any one HAP are less than 10 tons per year and the total 
emissions of any combination of HAP are less than 25 tons per year, the 
plant site qualifies for the exemption described in paragraph (b)(7) of 
this section, provided that emissions are kept below these thresholds.
    (ii) If such a determination is based on limitations and conditions 
that are federally enforceable, and the plant site is not a major source 
(as defined in subpart A of this part), the owner or operator is not 
subject to the provisions of paragraph (b)(7) of this section.
    (c) The owner or operator of a process listed in paragraph (b) of 
this section that does not have the designated organic hazardous air 
pollutants present in the process shall comply only with the 
requirements of Sec. 63.192(k) of this subpart. To comply with this 
subpart, such processes shall not be required to comply with the 
provisions of subpart A of this part.
    (d) For the purposes of subparts I and H of this part, the source 
includes pumps, compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, surge control vessels, bottoms receivers, and 
instrumentation systems that are associated with the processes 
identified in paragraph (b) of this section and are intended to operate 
in organic hazardous air pollutant service (as defined in Sec. 63.191 of 
this subpart) for 300 hours or more during the calendar year. 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;

[[Page 348]]

    (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 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

[[Page 349]]

made to a process unit and the addition or change is determined to be 
subject to the new source requirements according to paragraphs (g)(1) or 
(g)(2) of this section:
    (i) The new or reconstructed source shall be in compliance with the 
new source requirements of subparts H and I of this part upon initial 
start-up of the new or reconstructed source or by April 22, 1994, 
whichever is later; and
    (ii) The owner or operator of the new or reconstructed source shall 
comply with the reporting and recordkeeping requirements in subparts H 
and I of this part that are applicable to new sources. The applicable 
reports include, but are not limited to:
    (A) Reports required by Sec. 63.182(b), if not previously submitted, 
Sec. 63.182 (c) and (d) of subpart H of this part; and
    (B) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts H and I of this part, as 
identified in Sec. 63.192(a) of this subpart.
    (4) If an additional process unit is added to a plant site, if a 
surge control vessel or bottoms receiver becomes subject to Sec. 63.170 
of subpart H, or if a compressor becomes subject to Sec. 63.164 of 
subpart H, and if the addition or change is not subject to the new 
source requirements as determined according to paragraphs (g)(1) or 
(g)(2) of this section, the requirements in paragraphs (g)(4)(i) through 
(g)(4)(iii) of this section shall apply. Examples of process changes 
include, but are not limited to, changes in production capacity, 
feedstock type, or catalyst type, or whenever there is replacement, 
removal, or addition of recovery equipment. For purposes of this 
paragraph, process changes do not include: process upsets, unintentional 
temporary process changes, and changes that are within the equipment 
configuration and operating conditions documented in the Notification of 
Compliance Status required by Sec. 63.182(c) of subpart H of this part.
    (i) The added emission point(s) and any emission point(s) within the 
added or changed process unit are subject to the requirements of 
subparts H and I of this part for an existing source;
    (ii) The added emission point(s) and any emission point(s) within 
the added or changed process unit shall be in compliance with subparts H 
and I of this part by the dates specified in paragraphs (g)(4)(ii)(A) or 
(g)(4)(ii)(B) of this section, as applicable.
    (A) If a process unit is added to a plant site or an emission 
point(s) is added to an existing process unit, the added process unit or 
emission point(s) shall be in compliance upon initial start-up of the 
added process unit or emission point(s) or by April 22, 1997, whichever 
is later.
    (B) If a surge control vessel or bottoms receiver becomes subject to 
Sec. 63.170 of subpart H, if a compressor becomes subject to Sec. 63.164 
of subpart H, or if a deliberate operational process change causes 
equipment to become subject to subpart H of this part, the owner or 
operator shall be in compliance upon initial start-up or by April 22, 
1997, whichever is later, unless the owner or operator demonstrates to 
the Administrator that achieving compliance will take longer than making 
the change. The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule. The Administrator shall approve the compliance schedule or 
request 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

[[Page 350]]

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 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

[[Page 351]]

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 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

[[Page 352]]

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.
    (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),

[[Page 353]]

(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 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.

[[Page 354]]

    (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, 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

[[Page 355]]

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) 
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.

[[Page 356]]



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 
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.

[[Page 357]]

    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, 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

[[Page 358]]

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 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

[[Page 359]]

    (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 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

[[Page 360]]

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 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

[[Page 361]]

    (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 
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.

[[Page 362]]

    (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:
    (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.


[[Page 363]]


    (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 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.

[[Page 364]]

    (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 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.

[[Page 365]]

    (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 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

[[Page 366]]

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 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

[[Page 367]]

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:
    (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

[[Page 368]]

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 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,

[[Page 369]]

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 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

[[Page 370]]

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 (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

[[Page 371]]

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 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

[[Page 372]]

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 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.

[[Page 373]]

    (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 
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/

[[Page 374]]

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 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);

[[Page 375]]

    (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
    (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,

[[Page 376]]

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 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

[[Page 377]]

 
                                                  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.
    (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

[[Page 378]]

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 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) If you are the owner or operator of a source subject to the 
provisions of this subpart, you are also subject to title V permitting 
requirements under 40 CFR parts 70 or 71, as applicable. Your title V 
permitting authority may defer your source from these permitting 
requirements until December 9, 2004, if your source is not a major 
source and is not located at a major source as defined under 40 CFR 
63.2, 70.2, or 71.2, and is not otherwise required to obtain a title V 
permit. If you receive a deferral under this section, you must submit a 
title V permit application by December 9, 2005. You must continue to 
comply with the provisions of this subpart applicable to

[[Page 379]]

area sources, even if you receive a deferral from title V permitting 
requirements.

[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; 64 FR 69643, 
Dec. 14, 1999]



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 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.

[[Page 380]]

    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.
    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

[[Page 381]]

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
    (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.

[[Page 382]]

    (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, 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

[[Page 383]]

    (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 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

[[Page 384]]

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 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

[[Page 385]]

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 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) If you are the owner or operator of a source subject to the 
provisions of this subpart, you are also subject to title V permitting 
requirements under 40 CFR parts 70 or 71, as applicable. Your title V 
permitting authority may defer your source from these permitting 
requirements until December 9, 2004, if your source is not a major 
source and is not located at a major source as defined under 40 CFR 
63.2, 70.2, or 71.2, and is not otherwise required to obtain a title V 
permit. If you receive a deferral under this section, you must submit a 
title V permit application by December 9, 2005. You must continue to 
comply with the provisions of this subpart applicable to

[[Page 386]]

area sources, even if you receive a deferral from title V permitting 
requirements.

[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 64 
FR 69643, Dec. 14, 1999]



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.
    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

[[Page 387]]

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.
    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:

[[Page 388]]

    (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 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

[[Page 389]]

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 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

[[Page 390]]

(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 paragraph (f) of this 
section shall prepare an operation and maintenance plan to be 
implemented no later than the compliance date, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998. The plan shall be incorporated by reference 
into the source's title V permit, if and when a title V permit is 
required. The plan shall include the following elements:
    (A) The plan shall specify the operation and maintenance criteria 
for the affected source, the add-on air pollution control device (if 
such a device is used to comply with the emission limits), and the 
process and control system monitoring equipment, and shall include a 
standardized checklist to document the operation and maintenance of this 
equipment;
    (B) For sources using an add-on air pollution control device or 
monitoring equipment to comply with this subpart, the plan shall 
incorporate the work practice standards for that device or monitoring 
equipment, as identified in Table 1 of this section, if the specific 
equipment used is identified in Table 1 of this section;
    (C) If the specific equipment used is not identified in Table 1 of 
this section, the plan shall incorporate proposed work practice 
standards. These proposed work practice standards shall be submitted to 
the Administrator for approval as part of the submittal required under 
Sec. 63.343(d);
    (D) The plan shall specify procedures to be followed to ensure that 
equipment or process malfunctions due to poor maintenance or other 
preventable conditions do not occur; and
    (E) The plan shall include a systematic procedure for identifying 
malfunctions of process equipment, add-on air pollution control devices, 
and process and control system monitoring equipment and for implementing 
corrective actions to address such malfunctions.
    (ii) If the operation and maintenance plan fails to address or 
inadequately addresses an event that meets the characteristics of a 
malfunction at the time the plan is initially developed, the owner or 
operator shall revise the operation and maintenance plan within

[[Page 391]]

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.

[[Page 392]]



                          Table 1 to Sec.  63.342.--Summary of Work Practice Standards
----------------------------------------------------------------------------------------------------------------
        Control technique                    Work practice standards                        Frequency
----------------------------------------------------------------------------------------------------------------
Composite mesh-pad (CMP) system.  1. Visually inspect device to ensure there    1. 1/quarter.
                                   is 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  2. 1/quarter.
                                   pad closest to the fan to ensure there is
                                   no breakthrough of chromic acid mist.
                                  3. Visually inspect ductwork from tank to     3. 1/quarter.
                                   the control device to ensure there are no
                                   leaks.
                                  4. Perform washdown of the composite mesh-    4. Per manufacturer.
                                   pads in accordance with manufacturers
                                   recommendations.
Packed-bed scrubber (PSB).......  1. Visually inspect device to ensure there    1. 1/quarter.
                                   is 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       2. 1/quarter.
                                   chevron 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   4. Whenever makeup is added.
                                   packed 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        1. 1/quarter.
                                   prefiltering 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     2. 1/quarter.
                                   tanks to the control device to ensure there
                                   are no leaks.
                                  3. Perform washdown of fiber elements in      3. Per manufacturer.
                                   accordance with manufacturers
                                   recommendations.
Air pollution control device      To be proposed by the source for approval by  To be proposed by the source for
 (APCD) not listed in rule.        the Administrator.                            approval by the Administrator.
 
----------------------------------------------------------------------------------------------------------------
                                              Monitoring Equipment
 
----------------------------------------------------------------------------------------------------------------
Pitot tube......................  Backflush with water, or remove from the      1/quarter.
                                   duct and 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.

[60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 27, 1995, as amended at 61 
FR 27787, June 3, 1996; 62 FR 42920, Aug. 11, 1997]

[[Page 393]]



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 394]]

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, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998, using the procedures and test methods 
listed in Secs. 63.7 and 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, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998, 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

[[Page 395]]

Sec. 63.344(d) (4) and (5). An owner or operator may conduct multiple 
performance tests to establish a range of compliant operating parameter 
values. Alternatively, the owner or operator may set as the compliant 
value the average pressure drop and inlet velocity pressure measured 
over the three test runs of one performance test, and accept 
1 inch of water column from the pressure drop value and 
10 percent from the velocity pressure value as the compliant 
range.
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998, 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 system 
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, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998, 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

[[Page 396]]

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, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998, the owner or operator of an affected source 
shall monitor the surface tension of the electroplating or anodizing 
bath. Operation of the affected source at a surface tension greater than 
the value established during the performance test, or greater than 45 
dynes/cm if the owner or operator is using this value in accordance with 
paragraph (c)(5)(i) of this section, shall constitute noncompliance with 
the standards. The surface tension shall be monitored according to the 
following schedule:
    (A) The surface tension shall be measured once every 4 hours during 
operation of the tank with a stalagmometer or a tensiometer as specified 
in Method 306B, appendix A of this part.
    (B) The time between monitoring can be increased if there have been 
no exceedances. The surface tension shall be measured once every 4 hours 
of tank operation for the first 40 hours of tank operation after the 
compliance date. Once there are no exceedances during 40 hours of tank 
operation, surface tension measurement may be conducted 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, except for hard chromium 
electroplaters and chromium anodizing operations in California which 
have until January 25, 1998, the owner or operator of an affected source 
shall monitor the foam blanket thickness of the electroplating

[[Page 397]]

or anodizing bath. Operation of the affected source at a foam blanket 
thickness less than the value established during the performance test, 
or less than 2.54 cm (1 inch) if the owner or operator is using this 
value in accordance with paragraph (c)(6)(i) of this section, shall 
constitute noncompliance with the standards. The foam blanket thickness 
shall be measured according to the following schedule:
    (A) The foam blanket thickness shall be measured once every 1 hour 
of tank operation.
    (B) The time between monitoring can be increased if there have been 
no exceedances. The foam blanket thickness shall be measured once every 
hour of tank operation for the first 40 hours of tank operation after 
the compliance date. Once there are no exceedances for 40 hours of tank 
operation, foam blanket thickness measurement may be conducted once 
every 4 hours of tank operation. Once there are no exceedances during 40 
hours of tank operation, foam blanket thickness measurement may be 
conducted once every 8 hours of tank operation on an ongoing basis, 
until an exceedance occurs. The minimum frequency of monitoring allowed 
by this subpart is once per 8 hours of tank operation.
    (C) Once an exceedance occurs as indicated through foam blanket 
thickness monitoring, the original monitoring schedule of once every 
hour must be resumed. A subsequent decrease in frequency shall follow 
the schedule laid out in paragraph (c)(6)(ii)(B) of this section. For 
example, if an owner or operator had been monitoring an affected source 
once every 8 hours and an exceedance occurs, subsequent monitoring would 
take place once every hour of tank operation. Once an exceedance does 
not occur for 40 hours of tank operation, monitoring can 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

[[Page 398]]

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, as amended at 62 
FR 42920, Aug. 11, 1997]



Sec. 63.344  Performance test requirements and test methods.

    (a) Performance test requirements. Performance tests shall be 
conducted using the test methods and procedures in this section and 
Sec. 63.7. Performance test results shall be documented in complete test 
reports that contain the information required by paragraphs (a)(1) 
through (a)(9) of this section. The test plan to be followed shall be 
made available to the Administrator prior to the testing, if requested.
    (1) A brief process description;
    (2) Sampling location description(s);
    (3) A description of sampling and analytical procedures and any 
modifications to standard procedures;
    (4) Test results;
    (5) Quality assurance procedures and results;
    (6) Records of operating conditions during the test, preparation of 
standards, and calibration procedures;
    (7) Raw data sheets for field sampling and field and laboratory 
analyses;
    (8) Documentation of calculations; and
    (9) Any other information required by the test method.
    (b)(1) If the owner or operator of an affected source conducts 
performance testing at startup to obtain an operating permit in the 
State in which the affected source is located, the results of such 
testing may be used to demonstrate compliance with this subpart if:
    (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

[[Page 399]]

chromium anodizing tanks if the following conditions are met:
    (i) If a colorimetric analysis method is used, the sampling time and 
volume shall be sufficient to result in 33 to 66 micrograms of catch in 
the sampling train.
    (ii) If Atomic Absorption Graphite Furnace (AAGF) or Ion 
Chromatography with a Post-column Reactor (ICPCR) analyses were used, 
the sampling time and volume should be sufficient to result in a sample 
catch that is 5 to 10 times the minimum detection limit of the 
analytical method (i.e., 1.0 microgram per liter of sample for AAGF and 
0.5 microgram per liter of sample for ICPCR).
    (iii) In the case of either paragraph (c)(2) (i) or (ii) of this 
section, a minimum of 3 separate runs must be conducted. The other 
requirements of Sec. 63.7 that apply to affected sources, as indicated 
in Table 1 of this subpart, must also be met.
    (3) Method 306B, ``Surface Tension Measurement and Recordkeeping for 
Tanks Used at Decorative Chromium Electroplating and Anodizing 
Facilities,'' appendix A of this part shall be used to measure the 
surface tension of electroplating and anodizing baths.
    (4) Alternate test methods may also be used if the method has been 
validated using Method 301, appendix A of this part and if approved by 
the Administrator. Procedures for requesting and obtaining approval are 
contained in Sec. 63.7(f).
    (d) Establishing site-specific operating parameter values. (1) Each 
owner or operator required to establish site-specific operating 
parameters shall follow the procedures in this section.
    (2) All monitoring equipment shall be installed such that 
representative measurements of emissions or process parameters from the 
affected source are obtained. For monitoring equipment purchased from a 
vendor, verification of the operational status of the monitoring 
equipment shall include execution of the manufacturer's 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

[[Page 400]]

square root of the individual velocity point  p values and 
average. The point with the square root value that comes closest to the 
average square root value is the point of average velocity. The 
 p value measured for this point during the performance test 
will be used as the reference for future monitoring.
    (5) The owner or operator of a source required to measure the 
pressure drop across the add-on air pollution control device in 
accordance with Sec. 63.343(c) (1) through (4) may establish the 
pressure drop in accordance with the following guidelines:
    (i) Pressure taps shall be installed at any of the following 
locations:
    (A) At the inlet and outlet of the control system. The inlet tap 
should be installed in the ductwork just prior to the control device and 
the corresponding outlet pressure tap should be installed on the outlet 
side of the control device prior to the blower or on the downstream side 
of the blower;
    (B) On each side of the packed bed within the control system or on 
each side of each mesh pad within the control system; or
    (C) On the front side of the first mesh pad and back side of the 
last mesh pad within the control system.
    (ii) Pressure taps shall be sited at locations that are:
    (A) Free from pluggage as possible and away from any flow 
disturbances such as cyclonic demisters.
    (B) Situated such that no air infiltration at measurement site will 
occur that could bias the measurement.
    (iii) Pressure taps shall be constructed of either polyethylene, 
polybutylene, or other nonreactive materials.
    (iv) Nonreactive plastic tubing shall be used to connect the 
pressure taps to the device used to measure pressure drop.
    (v) Any of the following pressure gauges can be used to monitor 
pressure drop: a magnehelic gauge, an inclined manometer, or a ``U'' 
tube manometer.
    (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

[[Page 401]]

associated with affected sources; IAtotal is the sum of all 
inlet duct areas from both affected and nonaffected sources; and 
VRinlet is the total ventilation rate from all inlet ducts 
associated with affected sources.
    (v) Establish the allowable mass emission rate of the system 
(AMRsys) in milligrams of total chromium per hour (mg/hr) 
using equation 2:
[GRAPHIC] [TIFF OMITTED] TR25JA95.001


where  VRinlet is the total ventilation rate in 
dscm/min from the affected sources, and EL is the applicable emission 
limitation from Sec. 63.342 in mg/dscm. The allowable mass emission rate 
(AMRsys) calculated from equation 2 should be equal to or 
more than the outlet three-run average mass emission rate determined 
from Method 306 testing in order for the source to be in compliance with 
the standard.
    (4) When multiple affected sources performing different types of 
operations (e.g., hard chromium electroplating, decorative chromium 
electroplating, or chromium anodizing) are controlled by a common add-on 
air pollution control device that may or may not also be controlling 
emissions from sources not affected by these standards, or if the 
affected sources controlled by the common add-on air pollution control 
device perform the same operation but are subject to different emission 
limitations (e.g., because one is a new hard chromium plating tank 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

[[Page 402]]

each type of affected source as appropriate:

AMRhc1 + AMRhc2 + AMRdc + 
AMRca = AMRsys    (8)

The allowable mass emission rate calculated from equation 8 should be 
equal to or more than the outlet three-run average mass emission rate 
determined from Method 306 testing in order for the source to be in 
compliance with the standards.
    (5) Each owner or operator that uses the special compliance 
provisions of this paragraph to demonstrate compliance with the emission 
limitations of Sec. 63.342 shall submit the measurements and 
calculations to support these compliance methods with the notification 
of compliance status required by Sec. 63.347(e).
    (6) Each owner or operator that uses the special compliance 
provisions of this section to demonstrate compliance with the emission 
limitations of Sec. 63.342 shall repeat these procedures if a tank is 
added or removed from the control system regardless of whether that tank 
is a nonaffected source. If the new nonaffected tank replaces an 
existing nonaffected tank of the same size and is connected to the 
control system through the same size inlet duct then this procedure does 
not have to be repeated.

[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996]



Sec. 63.345  Provisions for new and reconstructed sources.

    (a) This section identifies the preconstruction review requirements 
for new and reconstructed affected sources that are subject to, or 
become subject to, this subpart.
    (b) New or reconstructed affected sources. The owner or operator of 
a new or reconstructed affected source is subject to Sec. 63.5(a), 
(b)(1), (b)(5), (b)(6), and (f)(1), as well as the provisions of this 
paragraph.
    (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:

[[Page 403]]

    (i) A brief description of the affected source and the components to 
be replaced;
    (ii) A brief description of the present and proposed emission 
control technique, including the information required by paragraphs 
(b)(2) (viii) and (ix) of this section;
    (iii) An estimate of the fixed capital cost of the replacements and 
of constructing a comparable entirely new source;
    (iv) The estimated life of the affected source after the 
replacements; and
    (v) A discussion of any economic or technical limitations the source 
may have in complying with relevant standards or other requirements 
after the proposed replacements. The discussion shall be sufficiently 
detailed to demonstrate to the Administrator's satisfaction that the 
technical or economic limitations affect the source's ability to comply 
with the relevant standard and how they do so.
    (vi) If in the notification of reconstruction, the owner or operator 
designates the affected source as a reconstructed source and declares 
that there are no economic or technical limitations to prevent the 
source from complying with all relevant standards or requirements, the 
owner or operator need not submit the information required in paragraphs 
(b)(3) (iii) through (v) of this section.
    (4) The owner or operator of a new or reconstructed affected source 
that submits a notification in accordance with paragraphs (b) (1) 
through (3) of this section is not subject to approval by the 
Administrator. Construction or reconstruction is subject only to 
notification and can begin upon submission of a complete notification.
    (5) Submittal timeframes. After January 25, 1995, whether or not an 
approved permit program is effective in the State in which an affected 
source is (or would be) located, an owner or operator of a new or 
reconstructed affected 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;

[[Page 404]]

    (7) All measurements as may be necessary to determine the conditions 
of performance tests, including measurements necessary to determine 
compliance with the special compliance procedures of Sec. 63.344(e);
    (8) Records of monitoring data required by Sec. 63.343(c) that are 
used to demonstrate compliance with the standard including the date and 
time the data are collected;
    (9) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions, as 
indicated by monitoring data, that occurs during malfunction of the 
process, add-on air pollution control, or monitoring equipment;
    (10) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions, as 
indicated by monitoring data, that occurs during periods other than 
malfunction of the process, add-on air pollution control, or monitoring 
equipment;
    (11) The total process operating time of the affected source during 
the reporting period;
    (12) Records of the actual cumulative rectifier capacity of hard 
chromium electroplating tanks at a facility expended during each month 
of the reporting period, and the total capacity expended to date for a 
reporting period, if the owner or operator is using the actual 
cumulative rectifier capacity to determine facility size in accordance 
with Sec. 63.342(c)(2);
    (13) For sources using fume suppressants to comply with the 
standards, records of the date and time that fume suppressants are added 
to the electroplating or anodizing bath;
    (14) For sources complying with Sec. 63.342(e), records of the bath 
components purchased, with the wetting agent clearly identified as a 
bath constituent contained in one of the components;
    (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;

[[Page 405]]

    (v) A brief description of each affected source, including the type 
of process operation performed;
    (vi) For sources performing hard chromium electroplating, the 
maximum potential cumulative potential rectifier capacity;
    (vii) For sources performing hard chromium electroplating, a 
statement of whether the affected source(s) is located at a small or a 
large, hard chromium electroplating facility and whether this will be 
demonstrated through actual or maximum potential cumulative rectifier 
capacity;
    (viii) For sources performing hard chromium electroplating tanks, a 
statement of whether the owner or operator of an affected source(s) will 
limit the maximum potential cumulative rectifier capacity in accordance 
with Sec. 63.342(c)(2) such that the hard chromium electroplating 
facility is considered small; and
    (ix) A statement of whether the affected source is located at a 
major source or an area source as defined in Sec. 63.2.
    (2) The owner or operator of a new or reconstructed affected source 
that has an initial startup after January 25, 1995 shall submit an 
initial notification (in addition to the notification of construction or 
reconstruction required by Sec. 63.345(b) as follows:
    (i) A notification of the date when construction or reconstruction 
was commenced, shall be submitted simultaneously with the notification 
of construction or reconstruction, if construction or reconstruction was 
commenced before January 25, 1995;
    (ii) A notification of the date when construction or reconstruction 
was commenced, shall be submitted no later than 30 calendar days after 
such date, if construction or reconstruction was commenced after January 
25, 1995; and
    (iii) A notification of the actual date of startup of the source 
shall be submitted within 30 calendar days after such date.
    (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

[[Page 406]]

Sec. 63.343(b), the surface tension measurement may fulfill this 
requirement;
    (iv) For each monitored parameter for which a compliant value is to 
be established under Sec. 63.343(c), the specific operating parameter 
value, or range of values, that corresponds to compliance with the 
applicable emission limit;
    (v) The methods that will be used to determine continuous 
compliance, including a description of monitoring and reporting 
requirements, if methods differ from those identified in this subpart;
    (vi) A description of the air pollution control technique for each 
emission point;
    (vii) A statement that the owner or operator has completed and has 
on file the operation and maintenance plan as required by the work 
practice standards in Sec. 63.342(f);
    (viii) If the owner or operator is determining facility size based 
on actual cumulative rectifier capacity in accordance with 
Sec. 63.342(c)(2), records to support that the facility is small. For 
existing sources, records from any 12-month period preceding the 
compliance date shall be used or a description of how operations will 
change to meet a small designation shall be provided. For new sources, 
records of projected rectifier capacity for the first 12-month period of 
tank operation shall be used;
    (ix) A statement by the owner or operator of the affected source as 
to whether the source has complied with the provisions of this subpart.
    (3) For sources required to conduct a performance test by 
Sec. 63.343(b), the notification of compliance status shall be submitted 
to the Administrator no later than 90 calendar days following completion 
of the compliance demonstration required by Sec. 63.7 and 
Sec. 63.343(b).
    (4) For sources that are not required to complete a performance test 
in accordance with Sec. 63.343(b), the notification of compliance status 
shall be submitted to the Administrator no later than 30 days after the 
compliance date specified in Sec. 63.343(a), except the date on which 
sources in California shall monitor the surface tension of the anodizing 
bath is extended to January 25, 1998.
    (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

[[Page 407]]

demonstrate that the affected source is in compliance with the relevant 
emission limit;
    (B) The owner or operator continues to comply with all applicable 
recordkeeping and monitoring requirements of subpart A of this part and 
this subpart; and
    (C) The Administrator does not object to a reduced reporting 
frequency for the affected source, as provided in paragraphs (g)(2) (ii) 
and (iii) of this section.
    (ii) The frequency of submitting ongoing compliance status reports 
may be reduced only after the owner or operator notifies the 
Administrator in writing of his or her intention to make such a change, 
and the Administrator does not object to the intended change. In 
deciding whether to approve a reduced reporting frequency, the 
Administrator may review information concerning the source's entire 
previous performance history during the 5-year recordkeeping period 
prior to the intended change, or the recordkeeping period since the 
source's compliance date, whichever is shorter. Records subject to 
review may include performance test results, monitoring data, and 
evaluations of an owner or operator's conformance with emission 
limitations and work practice standards. Such information may be used by 
the Administrator to make a judgment about the source's potential for 
noncompliance in the future. If the Administrator disapproves the owner 
or operator's request to reduce reporting frequency, the Administrator 
will notify the owner or operator in writing within 45 days after 
receiving notice of the owner or operator's intention. The notification 
from the Administrator to the owner or operator will specify the grounds 
on which the disapproval is based. In the absence of a notice of 
disapproval within 45 days, approval is automatically granted.
    (iii) As soon as the monitoring data required by Sec. 63.343(c) show 
that the source is not in compliance with the relevant emission limit, 
the frequency of reporting shall revert to quarterly, and the owner 
shall state this exceedance in the ongoing compliance status report for 
the next reporting period. After demonstrating ongoing 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

[[Page 408]]

work practice standards in Sec. 63.342(f) were followed in accordance 
with the operation and maintenance plan for the source;
    (x) If the operation and maintenance plan required by 
Sec. 63.342(f)(3) was not followed, an explanation of the reasons for 
not following the provisions, an assessment of whether any excess 
emission and/or parameter monitoring exceedances are believed to have 
occurred, and a copy of the report(s) required by Sec. 63.342(f)(3)(iv) 
documenting that the operation and maintenance plan was not followed;
    (xi) A description of any changes in monitoring, processes, or 
controls since the last reporting period;
    (xii) The name, title, and signature of the responsible official who 
is certifying the accuracy of the report; and
    (xiii) The date of the report.
    (4) When more than one monitoring device is used to comply with the 
continuous compliance monitoring required by Sec. 63.343(c), the owner 
or operator shall report the results as required for each monitoring 
device. However, when one monitoring device is used as a backup for the 
primary monitoring device, the owner or operator shall only report the 
results from the monitoring device used to meet the monitoring 
requirements of this subpart. If both devices are used to meet these 
requirements, then the owner or operator shall report the results from 
each monitoring device for the relevant compliance period.
    (h) Ongoing compliance status reports for area sources. The 
requirements of this paragraph do not alleviate affected area sources 
from complying with the requirements of State or Federal operating 
permit programs under 40 CFR part 71.
    (1) The owner or operator of an affected source that is located at 
an area source site shall prepare a summary report to document the 
ongoing compliance status of the affected source. The report shall 
contain the information identified in paragraph (g)(3) of this section, 
shall be completed annually and retained on site, and made available to 
the Administrator upon request. The report shall be completed annually 
except as provided in paragraph (h)(2) of this section.
    (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

[[Page 409]]

paragraphs (h)(3) (ii) and (iii) of this section.
    (ii) The frequency of submitting ongoing compliance status reports 
may be reduced only after the owner or operator notifies the 
Administrator in writing of his or her intention to make such a change, 
and the Administrator does not object to the intended change. In 
deciding whether to approve a reduced reporting frequency, the 
Administrator may review information concerning the source's previous 
performance history during the 5-year recordkeeping period prior to the 
intended change, or the recordkeeping period since the source's 
compliance date, whichever is shorter. Records subject to review may 
include performance test results, monitoring data, and evaluations of an 
owner or operator's conformance with emission limitations and work 
practice standards. Such information may be used by the Administrator to 
make a judgement about the source's potential for noncompliance in the 
future. If the Administrator disapproves the owner or operator's request 
to reduce reporting frequency, the Administrator will notify the owner 
or operator in writing within 45 days after receiving notice of the 
owner or operator's intention. The notification from the Administrator 
to the owner or operator will specify the grounds on which the 
disapproval is based. In the absence of a notice of disapproval within 
45 days, approval is automatically granted.
    (iii) As soon as the monitoring data required by Sec. 63.343(c) show 
that the source is not in compliance with the relevant emission limit, 
the frequency of reporting shall revert to semiannual, and the owner 
shall state this exceedance in the ongoing compliance status report for 
the next reporting period. After demonstrating ongoing compliance with 
the relevant emission limit for another full year, the owner or operator 
may again request approval from the Administrator to reduce the 
reporting frequency as allowed by paragraph (h)(3) of this section.
    (i) Reports associated with trivalent chromium baths. The 
requirements of this paragraph do not alleviate affected 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, 62 FR 42921, Aug. 11, 1997]

[[Page 410]]



                 Table 1 to Subpart N of Part 63--General Provisions Applicability to Subpart N
----------------------------------------------------------------------------------------------------------------
         General provisions  reference               Applies to subpart N                   Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)....................................  Yes..........................  Additional terms defined in Sec.
                                                                                63.341; when overlap between
                                                                                subparts A and N occurs, subpart
                                                                                N takes precedence.
63.1(a)(2)....................................  Yes
63.1(a)(3)....................................  Yes
63.1(a)(4)....................................  Yes..........................  Subpart N clarifies the
                                                                                applicability of each paragraph
                                                                                in subpart A to sources subject
                                                                                to subpart N.
63.1(a)(6)....................................  Yes
63.1(a)(7)....................................  Yes
63.1(a)(8)....................................  Yes
63.1(a)(10)...................................  Yes
63.1(a)(11)...................................  Yes..........................  Sec.  63.347(a) of subpart N also
                                                                                allows report submissions via
                                                                                fax and on electronic media.
63.1(a)(12)-(14)..............................  Yes
63.1(b)(1)....................................  No...........................  Sec.  63.340 of subpart N
                                                                                specifies applicability.
63.1(b)(2)....................................  Yes
63.1(b)(3)....................................  No...........................  This provision in subpart A is
                                                                                being deleted. Also, all
                                                                                affected area and major sources
                                                                                are subject to subpart N; there
                                                                                are no exemptions.
63.1(c)(1)....................................  Yes..........................  Subpart N clarifies the
                                                                                applicability of each paragraph
                                                                                in subpart A to sources subject
                                                                                to subpart N.
63.1(c)(2)....................................  Yes..........................  Subpart N specifies permit
                                                                                requirements for area sources.
63.1(c)(4)....................................  Yes
63.1(c)(5)....................................  No...........................  Subpart N clarifies that an area
                                                                                source that becomes a major
                                                                                source is subject to the
                                                                                requirements for major sources.
63.1(e).......................................  Yes
63.2..........................................  Yes..........................  Additional terms defined in Sec.
                                                                                63.341; when overlap between
                                                                                subparts A and N occurs, subpart
                                                                                N takes precedence.
63.3..........................................  Yes..........................  Other units used in subpart N are
                                                                                defined in that subpart.
63.4..........................................  Yes
63.5(a).......................................  Yes..........................  Except replace the term
                                                                                ``source'' and ``stationary
                                                                                source'' in Sec.  63.5(a) (1)
                                                                                and (2) of subpart A with
                                                                                ``affected sources.''
63.5(b)(1)....................................  Yes
63.5(b)(3)....................................  Yes..........................  Applies only to major affected
                                                                                sources.
63.5(b)(4)....................................  No...........................  Subpart N (Sec.  63.345)
                                                                                specifies requirements for the
                                                                                notification of construction or
                                                                                reconstruction for affected
                                                                                sources that are not major.
63.5(b)(5)....................................  Yes
63.5(b)(6)....................................  Yes
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.

[[Page 411]]

 
63.6(f)(2)(iv)................................  Yes
63.6(f)(2)(v).................................  Yes
63.6(f)(3)....................................  Yes
63.6(g).......................................  Yes
63.6(h).......................................  No...........................  Subpart N does not contain any
                                                                                opacity or visible emission
                                                                                standards.
63.6(i)(1)....................................  Yes
63.6(i)(2)....................................  Yes..........................  Except replace ``source'' in Sec.
                                                                                 63.6(i)(2)(i) and (ii) of
                                                                                subpart A with ``affected
                                                                                source.''
63.6(i)(3)....................................  Yes
63.6(i)(4)(i).................................  No...........................  Sec.  63.343(a)(6) of subpart N
                                                                                specifies the procedures for
                                                                                obtaining an extension of
                                                                                compliance and the date by which
                                                                                such requests must be submitted.
63.6(i)(4)(ii)................................  Yes
63.6(i)(5)....................................  Yes
63.6(i)(6)(i).................................  Yes..........................  This paragraph only references
                                                                                ``paragraph (i)(4) of this
                                                                                section'' for compliance
                                                                                extension provisions. But, Sec.
                                                                                63.343(a)(6) of subpart N also
                                                                                contains provisions for
                                                                                requesting a compliance
                                                                                extension.
63.6(i)(6)(ii)................................  Yes
63.6(i)(7)....................................  Yes
63.6(i)(8)....................................  Yes..........................  This paragraph only references
                                                                                ``paragraphs (i)(4) through
                                                                                (i)(6) of this section'' for
                                                                                compliance extension provisions.
                                                                                But, Sec.  63.343(a)(6) of
                                                                                subpart N also contains
                                                                                provisions for requesting a
                                                                                compliance extension.
63.6(i)(9)....................................  Yes..........................  This paragraph only references
                                                                                ``paragraphs (i)(4) through
                                                                                (i)(6) of this section'' and
                                                                                ``paragraphs (i)(4) and (i)(5)
                                                                                of this section'' for compliance
                                                                                extension provisions. But, Sec.
                                                                                63.343(a)(6) of subpart N also
                                                                                contains provisions for
                                                                                requesting a compliance
                                                                                extension.
63.6(i)(10)(i)-(iv)...........................  Yes
63.6(i)(10)(v)(A).............................  Yes..........................  This paragraph only references
                                                                                `'paragraph (i)(4)'' for
                                                                                compliance extension provisions.
                                                                                But, Sec.  63.343(a)(6) of
                                                                                subpart N also contains
                                                                                provisions for requesting a
                                                                                compliance extension.
63.6(i)(10)(v)(B).............................  Yes
63.6(i)(11)...................................  Yes
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

[[Page 412]]

 
63.8(a)(1)....................................  Yes
63.8(a)(2)....................................  No...........................  Work practice standards are
                                                                                contained in Sec.  63.342(f) of
                                                                                subpart N.
63.8(a)(4)....................................  No
63.8(b)(1)....................................  Yes
63.8(b)(2)....................................  No...........................  Sec.  63.344(d) of subpart N
                                                                                specifies the monitoring
                                                                                location when there are multiple
                                                                                sources.
63.8(b)(3)....................................  No...........................  Sec.  63.347(g)(4) of subpart N
                                                                                identifies reporting
                                                                                requirements when multiple
                                                                                monitors are used.
63.8(c)(1)(i).................................  No...........................  Subpart N requires proper
                                                                                maintenance of monitoring
                                                                                devices expected to be used by
                                                                                sources subject to subpart N.
63.8(c)(1)(ii)................................  No...........................  Sec.  63.342(f)(3)(iv) of subpart
                                                                                N specifies reporting when the
                                                                                O&M plan is not followed.
63.8(c)(1)(iii)...............................  No...........................  Sec.  63.343(f)(2) identifies the
                                                                                criteria for whether O&M
                                                                                procedures are acceptable.
63.8(c)(2)-(3)................................  No...........................  Sec.  63.344(d)(2) requires
                                                                                appropriate use of monitoring
                                                                                devices.
63.8(c)(4)-(7)................................  No
63.8(d).......................................  No...........................  Maintenance of monitoring devices
                                                                                is required by Secs.  63.342(f)
                                                                                and 63.344(d)(2) of subpart N.
63.8(e).......................................  No...........................  There are no performance
                                                                                evaluation procedures for the
                                                                                monitoring devices expected to
                                                                                be used to comply with subpart
                                                                                N.
63.8(f)(1)....................................  Yes
63.8(f)(2)....................................  No...........................  Instances in which the
                                                                                Administrator may approve
                                                                                alternatives to the monitoring
                                                                                methods and procedures of
                                                                                subpart N are contained in Sec.
                                                                                63.343(c)(8) of subpart N.
63.8(f)(3)....................................  Yes
63.8(f)(4)....................................  Yes
63.8(f)(5)....................................  Yes
63.8(f)(6)....................................  No...........................  Subpart N does not require the
                                                                                use of CEM's.
63.8(g).......................................  No...........................  Monitoring data does not need to
                                                                                be reduced for reporting
                                                                                purposes because subpart N
                                                                                requires measurement once/day.
63.9(a).......................................  Yes
63.9(b)(1)(i)-(ii)............................  No...........................  Sec.  63.343(a)(3) of subpart N
                                                                                requires area sources to comply
                                                                                with major source provisions if
                                                                                an increase in HAP emissions
                                                                                causes them to become major
                                                                                sources.
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.

[[Page 413]]

 
63.10(d)(1)...................................  Yes
63.10(d)(2)...................................  No...........................  Sec.  63.347(f) of subpart N
                                                                                specifies the timeframe for
                                                                                reporting performance test
                                                                                results.
63.10(d)(3)...................................  No...........................  Subpart N does not contain
                                                                                opacity or visible emissions
                                                                                standards.
63.10(d)(4)...................................  Yes
63.10(d)(5)...................................  No...........................  Sec.  63.342(f)(3)(iv) and Sec.
                                                                                63.347(g)(3) of subpart N
                                                                                specify reporting associated
                                                                                with malfunctions.
63.10(e)......................................  No...........................  Sec.  63.347(g) and (h) of
                                                                                subpart N specify the frequency
                                                                                of periodic reports of
                                                                                monitoring data used to
                                                                                establish compliance. Applicable
                                                                                requirements of Sec.  63.10(e)
                                                                                have been incorporated into Sec.
                                                                                 63.347(g) and (h).
63.10(f)......................................  Yes
63.11.........................................  No...........................  Flares will not be used to comply
                                                                                with the emission limits.
63.12-63.15...................................  Yes
----------------------------------------------------------------------------------------------------------------



[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996]



    Subpart O--Ethylene Oxide Emissions Standards for Sterilization 
                               Facilities

    Source: 59 FR 62589, Dec. 6, 1994, unless otherwise noted.



Sec. 63.360  Applicability.

    (a) All sterilization sources using 1 ton (see definition) in 
sterilization or fumigation operations are subject to the emissions 
standards in Sec. 63.362, except as specified in paragraphs (b) through 
(e) of this section. Owners or operators of sources using 1 ton (see 
definition) subject to the provisions of this subpart must comply with 
the requirements of subpart A, of this part 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).............................                       Yes                      Additional terms defined
                                                                                        in Sec.  63.361; when
                                                                                        overlap between subparts
                                                                                        A and O occurs, subpart
                                                                                        O takes precedence.
63.1(a)(2).............................                       Yes                      .........................
63.1(a)(3).............................                       Yes                      .........................
63.1(a)(4).............................                       Yes                      Subpart O clarifies the
                                                                                        applicability of each
                                                                                        paragraph in subpart A
                                                                                        to sources subject to
                                                                                        subpart O.
63.1(a)(5).............................                       No                       Reserved.
63.1(a)(6).............................                       Yes                      .........................
63.1(a)(7).............................                       Yes                      .........................
63.1.1(a)(8)...........................                       Yes                      .........................
63.1(a)(9).............................                       No                       Reserved.
63.1(a)(10)............................                       Yes                      .........................
63.1(a)(11)............................                       Yes                      Sec.  63.366(a) of
                                                                                        subpart O also allows
                                                                                        report submissions via
                                                                                        fax and on electronic
                                                                                        media.
63.1(a)(12)-(14).......................                       Yes                      .........................
63.1(b)(1)-(2).........................                       Yes                      .........................
63.1(b)(3).............................                       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).............................                       Yes                      Subpart O clarifies the
                                                                                        applicability of each
                                                                                        paragraph in subpart A
                                                                                        to sources subject to
                                                                                        subpart O in this table.

[[Page 414]]

 
63.1(c)(2).............................                       Yes                      Subpart O also specifies
                                                                                        which sources are
                                                                                        required to obtain a
                                                                                        Title V permit in Sec.
                                                                                        63.360.
63.1(c)(3).............................                       No                       Reserved.
63.1(c)(4).............................                       Yes                      .........................
63.1(c)(5).............................                       No                       Sec.  63.360 specifies
                                                                                        applicability.
63.1(d)................................                       No                       Reserved.
63.1(e)................................                       Yes                      .........................
63.2...................................                       Yes                      Additional terms defined
                                                                                        in Sec.  63.361; when
                                                                                        overlap between subparts
                                                                                        A and O occurs, subpart
                                                                                        O takes precedence.
63.3...................................                       Yes                      Other units used in
                                                                                        subpart O are defined in
                                                                                        the text of subpart O.
63.4(a)(1)-(3).........................                       Yes                      .........................
63.4(a)(4).............................                        No                      Reserved.
63.4(a)(5).............................                       Yes                      .........................
63.4(b)................................                       Yes                      .........................
63.4(c)................................                       Yes                      .........................
63.5(a)................................                        No                      Sec.  63.366(b)(1)
                                                                                        contains applicability
                                                                                        requirements for
                                                                                        constructed or
                                                                                        reconstructed sources.
63.5(b)(1).............................  Yes..................  No...................  .........................
63.5(b)(2).............................                        No                      Reserved.
63.5(b)(3).............................                        No                      See Sec.  63.366(b)(2).
63.5(b)(4).............................  Yes..................  No...................  .........................
63.5(b)(5).............................  Yes..................  No...................  .........................
63.5(b)(6).............................  Yes..................  No...................  .........................
63.5(c)................................                        No                      Reserved.
63.5(d)(1)-(2).........................                        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).....................                        No                      See Sec.  63.366(b)(4).
63.6(a)(1).............................                       Yes                      .........................
63.6(a)(2).............................                        No                      Sec.  63.360 specifies
                                                                                        applicability.
63.6(b) and (c)........................                        No                      Sec.  63.360(g) specifies
                                                                                        compliance dates for
                                                                                        sources.
63.6(d)................................                        No                      Reserved.
63.6(e)................................                        No                      Subpart O does not
                                                                                        contain any operation
                                                                                        and maintenance plan
                                                                                        requirements.
63.6(f)(1).............................                        No                      Sec.  63.362(b) specifies
                                                                                        when the standards
                                                                                        apply.
63.6(f)(2)(i)..........................                       Yes                      .........................
63.6(f)(2)(ii).........................                        No                      Sec.  63.363 specifies
                                                                                        parameters for
                                                                                        determining compliance.
63.6(f)(2)(iii)-(iv)...................                       Yes                      .........................
63.6(f)(2)(v)..........................                        No                      .........................
63.6(f)(3).............................                       Yes
63.6(g)................................                       Yes
63.6(h)................................                        No                      Subpart O does not
                                                                                        contain any opacity or
                                                                                        visible emission
                                                                                        standards.
63.6(i)(1)-(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).............................                        No                      Sec.  63.365(a)(2)
                                                                                        specifies performance
                                                                                        test dates.
63.7(a)(3).............................                       Yes
63.7(b)................................                       Yes
63.7(c)................................  Yes..................  No...................
63.7(d)................................  Yes..................  No...................
63.7(e)................................                       Yes                      Sec.  63.365 also
                                                                                        contains test methods
                                                                                        specific to sources
                                                                                        subject to the emissions
                                                                                        standards.
63.7(f)................................                       Yes
63.7(g)(1).............................                       Yes
63.7(g)(2).............................                        No                      Reserved
63.7(g)(3).............................                       Yes
63.7(h)................................                       Yes

[[Page 415]]

 
63.8(a)(1).............................                       Yes
63.8(a)(2).............................                       Yes
63.8(a)(3).............................                        No                      Reserved
63.8(a)(4).............................                       Yes
63.8(b)(1).............................                       Yes
63.8(b)(2).............................                       Yes
63.8(b)(3).............................                        No
63.8(c)(1) (i) and (ii)................                        No                      A startup, shutdown, and
                                                                                        malfunction plan is not
                                                                                        required for these
                                                                                        standards.
63.8(c)(1)(iii)........................                       Yes
63.8(c)(2)-(3).........................                       Yes
63.8(c)(4)-(5).........................                        No                      Frequency of monitoring
                                                                                        measurements is provided
                                                                                        in Sec.  63.364; opacity
                                                                                        monitors are not
                                                                                        required for these
                                                                                        standards.
63.8(c)(6).............................                        No                      Performance
                                                                                        specifications for gas
                                                                                        chromatographs and
                                                                                        temperature monitors are
                                                                                        contained in Sec.
                                                                                        63.365.
63.8(c)(7)(i)(A)-(B)...................                        No                      Performance
                                                                                        specifications for gas
                                                                                        chromatographs and
                                                                                        temperature monitors are
                                                                                        contained in Sec.
                                                                                        63.365.
63.8(c)(7)(i)(C).......................                        No                      Opacity monitors are not
                                                                                        required for these
                                                                                        standards.
63.8(c)(7)(ii).........................                        No                      Performance
                                                                                        specifications for gas
                                                                                        chromatographs and
                                                                                        temperature monitors are
                                                                                        contained in Sec.
                                                                                        63.365.
63.8(c)(8).............................                        No
63.8(d)................................  Yes..................  No...................
63.8(e)(1).............................                       Yes
63.8(e)(2).............................                       Yes
63.8(e)(3).............................  Yes..................  No...................
63.8(e)(4).............................                       Yes
63.8(e)(5)(i)..........................                       Yes
63.8(e)(5)(ii).........................                        No                      Opacity monitors are not
                                                                                        required for these
                                                                                        standards.
63.8(f)(1)-(5).........................                       Yes
63.8(f)(6).............................                        No
63.8(g)(1).............................                       Yes
63.8(g)(2).............................                        No
63.8(g)(3)-(5).........................                       Yes
63.9(a)................................                       Yes
63.9(b)(1)-(i).........................                       Yes
63.9(b)(1)(ii)-(iii)...................                        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).........................                       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).........................                       No                       Sec.  63.366(c)(1)(ii)
                                                                                        and (iii) contains
                                                                                        requirements for new or
                                                                                        reconstructed sources
                                                                                        subject to the emissions
                                                                                        standards.
63.9(c)................................                       Yes
63.9(d)................................                       No
63.9(e)................................                       Yes
63.9(f)................................                       No                       Opacity monitors are not
                                                                                        required for these
                                                                                        standards.
63.9(g)(1).............................                       Yes
63.9(g)(2)-(3).........................                       No                       Opacity monitors and
                                                                                        relative accuracy
                                                                                        testing are not required
                                                                                        for these standards.
63.9(h)(1)-(3).........................                       Yes
63.9(h)(4).............................                       No                       Reserved.
63.9(h)(5).............................                       No                       Sec.  63.366(c)(2)
                                                                                        instructs sources to
                                                                                        submit actual data.
63.9(h)(6).............................                       Yes
63.9(i)................................                       Yes
63.9(j)................................                       Yes

[[Page 416]]

 
63.10(a)...............................                       Yes
63.10(b)(1)............................                       Yes
63.10(b)(2)(i).........................                       No                       Not applicable due to
                                                                                        batch nature of the
                                                                                        industry.
63.10(b)(2)(ii)........................                       Yes
63.10(b)(2)(iii).......................                       No
63.10(b)(2)(iv)-(v)....................                       No                       A startup, shutdown, and
                                                                                        malfunction plan is not
                                                                                        required for these
                                                                                        standards.
63.10(b)(2)(vi)-(xii)..................                       Yes
63.10(b)(2)(xiii)......................                       No
63.10(b)(2)(xiv).......................                       Yes
63.10(b)(3)............................                       No                       Sec.  63.367 (b) and (c)
                                                                                        contains applicability
                                                                                        determination
                                                                                        requirements.
63.10(c)(1)............................                       Yes
63.10(c)(2)-(4)........................                       No                       Reserved.
63.10(c)(5)............................                       Yes
63.10(c)(6)............................                       No
63.10(c)(7)............................                       No                       Not applicable due to
                                                                                        batch nature of the
                                                                                        industry.
63.10(c)(8)............................                       Yes
63.10(c)(9)............................                       No                       Reserved.
63.10(c)(10)-(13)......................                       Yes
63.10(c)(14)...........................  Yes..................  No...................
63.10(c)(15)...........................                       No                       A startup, shutdown, and
                                                                                        malfunction plan is not
                                                                                        required for these
                                                                                        standards.
63.10(d)(1)............................                       Yes
63.10(d)(2)............................                       Yes
63.10(d)(3)............................                       No                       Subpart O does not
                                                                                        contain opacity or
                                                                                        visible emissions
                                                                                        standards.
63.10(d)(4)............................                       Yes
63.10(d)(5)............................                       No                       A startup, shutdown, and
                                                                                        malfunction plan is not
                                                                                        required for these
                                                                                        standards.
63.10(e)(1)............................                       Yes
63.10(e)(2)(i).........................                       Yes
63.10(e)(2)(ii)........................                       No                       Opacity monitors are not
                                                                                        required for these
                                                                                        standards.
63.10(e)(3)(i)-(iv)....................                       Yes
63.10(e)(3)(v).........................                       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).................                       Yes
63.10(e)(4)............................                       No                       Opacity monitors are not
                                                                                        required for these
                                                                                        standards.
63.10(f)...............................                       Yes
63.11..................................                       Yes
63.12-63.15............................                       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) If you are the owner or operator of a source subject to the 
provisions of this subpart, you are also subject to title V permitting 
requirements under 40 CFR parts 70 or 71, as applicable.

[[Page 417]]

Your title V permitting authority may defer your source from these 
permitting requirements until December 9, 2004, if your source is not a 
major source and is not located at a major source as defined under 40 
CFR 63.2, 70.2, or 71.2, and is not otherwise required to obtain a title 
V permit. If you receive a deferral under this section, you must submit 
a title V permit application by December 9, 2005. You must continue to 
comply with the provisions of this subpart applicable to area sources, 
even if you receive a deferral from title V permitting requirements.
    (g) The owner or operator shall comply with the provisions of this 
subpart as follows:
    (1) All sterilization chamber vents subject to the emissions 
standards in Sec. 63.362 with an initial startup date before December 6, 
1998, no later than December 6, 1998.
    (2) All sterilization chamber vents subject to the emissions 
standards in Sec. 63.362 with an initial startup date on or after 
December 6, 1998, immediately upon initial startup of the source.
    (3) All sterilization chamber vents at sources using less than 1 ton 
of ethylene oxide that increase their ethylene oxide usage after 
December 6, 1998 such that the sterilization chamber vent becomes 
subject to the emissions standards in Sec. 63.362(c), immediately upon 
becoming subject to the emission standards.
    (4) All aeration room vents subject to the emissions standards in 
Sec. 63.362 with an initial startup date before December 6, 2000, no 
later than December 6, 2000.
    (5) All aeration room vents subject to the emissions standards in 
Sec. 63.362 with an initial startup date on or after December 6, 2000, 
immediately upon initial startup of the source.
    (6) All aeration room vents at sources using less than 10 tons that 
increase their ethylene oxide usage after December 6, 2000, such that 
the aeration room vents become subject to the emissions standards in 
Sec. 63.362, immediately upon becoming subject to the emission 
standards.
    (7) All chamber exhaust vents subject to the emissions standards in 
Sec. 63.362 with an initial startup date before December 6, 2001, no 
later than December 6, 2001.
    (8) All chamber exhaust vents subject to the emissions standards in 
Sec. 63.362 with an initial startup date on or after December 6, 2001, 
immediately upon initial startup of the source.
    (9) All chamber exhaust vents at sources using less than 1 ton that 
increase their ethylene oxide usage after December 6, 2001, such that 
the chamber exhaust vents become subject to the emissions standards in 
Sec. 63.362, immediately upon becoming subject to the emission 
standards.
    (10) All chamber exhaust vents at sources using less than 10 tons 
that increase their ethylene oxide usage after December 6, 2001, such 
that the chamber exhaust vents become subject to the emissions standards 
in Sec. 63.362(e)(1), immediately upon becoming subject to the emission 
standards.

[59 FR 62589, Dec. 6, 1994, as amended at 61 FR 27788, June 3, 1996; 63 
FR 66994, Dec. 4, 1998; 64 FR 67793, Dec. 3, 1999; 64 FR 69643, Dec. 14, 
1999]



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-

[[Page 418]]

laden air is removed from the sterilization chamber during chamber 
unloading following the completion of sterilization and associated air 
washes.
    Compliance date means the date by which a source subject to the 
emissions standards in Sec. 63.362 is required to be in compliance with 
the standard.
    Effective date means the date of promulgation in the Federal 
Register notice.
    Initial startup date means the date when a source subject to the 
emissions standards in Sec. 63.362 first begins operation of a 
sterilization process.
    Manifolding emissions means combining ethylene oxide emissions from 
two or more different vent types for the purpose of controlling these 
emissions with a single control device.
    Maximum ethylene glycol concentration means any concentration of 
ethylene glycol in the scrubber liquor of an acid-water scrubber control 
device established during a performance test when the scrubber achieves 
at least 99-percent control of ethylene oxide emissions.
    Maximum liquor tank level means any level of scrubber liquor in the 
acid-water scrubber liquor recirculation tank established during a 
performance test when the scrubber achieves at least 99-percent control 
of ethylene oxide emissions.
    Oxidation temperature means the temperature at the outlet point of a 
catalytic oxidation unit control device or at the exhaust point from the 
combustion chamber for a thermal oxidation unit control device.
    Parametric monitoring means monitoring of a specific operating 
parameter of the control device that demonstrates that the control 
device is operating under conditions that meet the standard.
    Source(s) using less than 1 ton means source(s) using less than 907 
kg (1 ton) of ethylene oxide within all consecutive 12-month periods 
after December 6, 1996.
    Source(s) using 1 ton means source(s) using 907 kg (1 ton) or more 
of ethylene oxide within any consecutive 12-month period after December 
6, 1996.
    Source(s) using 1 to 10 tons means source(s) using 907 kg (1 ton) or 
more of ethylene oxide in any consecutive 12-month period but less than 
9,070 kg (10 tons) of ethylene oxide in all consecutive 12-month periods 
after December 6, 1996.
    Source(s) using less than 10 tons means source(s) using less than 
9,070 kg (10 tons) of ethylene oxide in all consecutive 12-month periods 
after December 6, 1996.
    Source(s) using 10 tons means source(s) using 9,070 kg (10 tons) or 
more of ethylene oxide in any consecutive 12-month period after December 
6, 1996.
    Sterilization chamber means any enclosed vessel or room that is 
filled with ethylene oxide gas, or an ethylene oxide/inert gas mixture, 
for the purpose of sterilizing and/or fumigating at a sterilization 
facility.
    Sterilization chamber vent means the point (prior to the vacuum 
pump) through which the evacuation of ethylene oxide from the 
sterilization chamber occurs following sterilization or fumigation, 
including any subsequent air washes.
    Sterilization facility means any stationary source where ethylene 
oxide is used in the sterilization or fumigation of materials.
    Sterilization operation means any time when ethylene oxide is 
removed from the sterilization chamber through the sterilization chamber 
vent or the chamber exhaust vent or when ethylene oxide is removed from 
the aeration room through the aeration room vent.



Sec. 63.362  Standards.

    (a) Each owner or operator of a source subject to the provisions of 
this subpart shall comply with these requirements on and after the 
compliance date specified in Sec. 63.360(g). The standards of this 
section are summarized in Table 1 of this section.

[[Page 419]]



                             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).............  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 420]]

    (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 421]]

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 422]]

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 423]]



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 owner or operator will install, 
calibrate, operate, and maintain a gas

[[Page 424]]

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 425]]


    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\ LTOTALGAS 
(ft\3\EO/10\6\ ft\3\ TOTALGAS)

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 426]]

    (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 427]]

[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 428]]

    (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 429]]

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 430]]

    (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 431]]

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 432]]

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 433]]

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 434]]

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 435]]

    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. The owner or operator of an 
IPCT may demonstrate compliance through recordkeeping in accordance with 
paragraph (c) of this section in lieu of a water sample analysis. 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

[[Page 436]]

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 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 equal to or less than 
0.5 parts per million by weight shall indicate compliance with 
Sec. 63.402. Alternatively, an owner or operator may demonstrate 
compliance through record keeping in accordance with paragraph (c).
    (c) To demonstrate compliance with Sec. 63.402, in lieu of the water 
sample analysis provided for in paragraph (a) of this section, the owner 
or operator of each IPCT may maintain records of water treatment 
chemical purchases, including invoices and other documentation that 
includes invoices and other documentation that includes date(s) of 
purchase or shipment, trade name or other information to identify 
composition of the product, and quantity of the product.
    (d) Following a request, by the Administrator or delegated 
authority, under paragraph (a) for a water sample analysis, failure to 
either meet the concentration level specified in paragraph (b) or 
provide the records specified in paragraph (c) shall indicate a 
violation of Sec. 63.402.

[59 FR 46350, Sept. 8, 1994, as amended at 63 FR 39519, July 23, 1998]



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;

[[Page 437]]

    (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......................
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;

[[Page 438]]

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 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)

[[Page 439]]

or (b)(1) of this section is exceeded in any rolling 30-day period; and
    (2) Maintain records and provide reports in accordance with the 
provisions of Sec. 63.428(j).
    (e) The provisions of paragraphs (a)(1) and (b)(1) of this section 
shall not be used to determine applicability to bulk gasoline terminals 
or pipeline breakout stations that are either:
    (1) Located within a contiguous area and under common control with 
another bulk gasoline terminal or pipeline breakout station, or
    (2) Located within a contiguous area and under common control with 
other sources not specified in paragraphs (a)(1) or (b)(1) of this 
section, that emit or have the potential to emit a hazardous air 
pollutant.
    (f) Upon request by the Administrator, the owner or operator of a 
bulk gasoline terminal or pipeline breakout station subject to the 
provisions of any paragraphs in this section 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

[[Page 440]]

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.
    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

[[Page 441]]

Sec. 60.112b(a)(2)(ii) of this chapter if such storage vessel does not 
currently meet the requirements in paragraph (a) of this section.
    (c) Each gasoline storage vessel at existing bulk gasoline terminals 
and pipeline breakout stations shall be in compliance with the 
requirements in paragraphs (a) and (b) of this section as expeditiously 
as practicable, but no later than December 15, 1997. At new bulk 
gasoline terminals and pipeline breakout stations, compliance shall be 
achieved upon startup.



Sec. 63.424  Standards: Equipment leaks.

    (a) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart shall perform 
a monthly leak inspection of all equipment in gasoline service. For this 
inspection, detection methods incorporating sight, sound, and smell are 
acceptable. Each piece of equipment shall be inspected during the 
loading of a gasoline cargo tank.
    (b) A log book shall be used and shall be signed by the owner or 
operator at the completion of each inspection. A section of the log 
shall contain a list, summary description, or diagram(s) showing the 
location of all equipment in gasoline service at the facility.
    (c) Each detection of a liquid or vapor leak shall be recorded in 
the log book. When a leak is detected, an initial attempt at repair 
shall be made as soon as practicable, but no later than 5 calendar days 
after the leak is detected. Repair or replacement of leaking equipment 
shall be completed within 15 calendar days after detection of each leak, 
except as provided in paragraph (d) of this section.
    (d) Delay of repair of leaking equipment will be allowed upon a 
demonstration to the Administrator that repair within 15 days is not 
feasible. The owner or operator shall provide the reason(s) a delay is 
needed and the date by which each repair is expected to be completed.
    (e) Initial compliance with the requirements in paragraphs (a) 
through (d) of this section shall be achieved by existing sources as 
expeditiously as practicable, but no later than December 15, 1997. For 
new sources, initial 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

[[Page 442]]

    (3) Provide for the Administrator's approval the rationale for the 
selected operating parameter value, and monitoring frequency and 
averaging time, including data and calculations used to develop the 
value and a description of why the value, monitoring frequency, and 
averaging time demonstrate continuous compliance with the emission 
standard in Sec. 63.422(b) or Sec. 60.112b(a)(3)(ii) of this chapter.
    (c) For performance tests performed after the initial test, the 
owner or operator shall document the reasons for any change in the 
operating parameter value since the previous performance test.
    (d) The owner or operator of each gasoline storage vessel subject to 
the provisions of Sec. 63.423 shall comply with Sec. 60.113b of this 
chapter. If a closed vent system and control device are used, as 
specified in Sec. 60.112b(a)(3) of this chapter, to comply with the 
requirements in Sec. 63.423, the owner or operator shall also comply 
with the requirements in paragraph (b) of this section.
    (e) Annual certification test. The annual certification test for 
gasoline cargo tanks shall consist of the following test methods and 
procedures:
    (1) Method 27, appendix A, 40 CFR part 60. Conduct the test using a 
time period (t) for the pressure and vacuum tests of 5 minutes. The 
initial pressure (Pi) for the pressure test shall be 460 mm 
H2 O (18 in. H2 O), gauge. The initial vacuum 
(Vi) for the vacuum test shall be 150 mm H2 O (6 
in. H2 O), 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)    time, mm H2 O
                                           in 5 minutes,    (in. H2 O)
                                           mm H2 O (in.
                                               H2 O)
------------------------------------------------------------------------
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 H2 O (18 in. H2 O), 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 H2 O (5 in. H2 
O).
    (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

[[Page 443]]

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 H2 O (18.0 in. 
H2 O), gauge by releasing pressure or by adding commercial 
grade nitrogen gas from a high pressure cylinder capable of maintaining 
a pressure of 2,000 psig.
    (i) The cylinder shall be equipped with a compatible two-stage 
regulator with a relief valve and a flow control metering valve. The 
flow rate of the nitrogen shall be no less than 2 cfm. The maximum 
allowable time to pressurize cargo tanks with headspace volumes of 1,000 
gallons or less to the appropriate pressure is 4 minutes. For cargo 
tanks with a headspace of greater than 1,000 gallons, use as a maximum 
allowable time to pressurize 4 minutes or the result from the equation 
below, whichever is greater.

T = Vh  x  0.004

where:

T = maximum allowable time to pressurize the cargo tank, min;
Vh = cargo tank headspace volume during testing, gal.

    (2) It is recommended that after the cargo tank headspace pressure 
reaches approximately 460 mm H2 O (18 in. H20), 
gauge, a fine adjust valve be used to adjust the headspace pressure to 
460 mm H2 O (18.0 in. H2 O), 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. 
H2 O, 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. H2 O, gauge;
N = 5-minute continuous performance standard at any time from the third 
column of Table 2 of Sec. 63.425(e)(i), inches H2 O.

    (4) Conduct the internal vapor valve portion of this test by 
repressurizing the cargo tank headspace with nitrogen to 460 mm 
H2 O (18 in. H2 O), 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
                                                              H2 O (in.
                                                                H2 O)
------------------------------------------------------------------------
After 1 minute.............................................     28 (1.1)
After 2 minutes............................................     56 (2.2)
After 3 minutes............................................     84 (3.3)

[[Page 444]]

 
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 H2 O (18 in. H2 
O), gauge. The maximum allowable 5-minute pressure change ( p) 
which shall be met at any time is shown in the third column of Table 2 
of Sec. 63.425(e)(1).

[59 FR 64318, Dec. 14, 1994; 60 FR 7627, Feb. 8, 1995; 60 FR 32913, June 
26, 1995]



Sec. 63.426  Alternative means of emission limitation.

    For determining the acceptability of alternative means of emission 
limitation for storage vessels under Sec. 63.423, the provisions of 
Sec. 60.114b of this chapter apply.



Sec. 63.427  Continuous monitoring.

    (a) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall install, calibrate, certify, 
operate, and maintain, according to the manufacturer's specifications, a 
continuous monitoring system (CMS) as specified in paragraph (a)(1), 
(a)(2), (a)(3), or (a)(4) of this section, except as allowed in 
paragraph (a)(5) of this section.
    (1) Where a carbon adsorption system is used, a continuous emission 
monitoring system (CEMS) capable of measuring organic compound 
concentration shall be installed in the exhaust air stream.
    (2) Where a refrigeration condenser system is used, a continuous 
parameter monitoring system (CPMS) capable of 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

[[Page 445]]

this chapter, to comply with the requirements in Sec. 63.423, the owner 
or operator shall also comply with the requirements in paragraph (a) of 
this section.



Sec. 63.428  Reporting and recordkeeping.

    (a) The initial notifications required for existing affected sources 
under Sec. 63.9(b)(2) shall be submitted by 1 year after an affected 
source becomes subject to the provisions of this subpart or by December 
16, 1996, whichever is later. Affected sources that are major sources on 
December 16, 1996 and plan to be area sources by December 15, 1997 shall 
include in this notification a brief, non-binding description of and 
schedule for the action(s) that are planned to achieve area source 
status.
    (b) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall keep records of the test results 
for each gasoline cargo tank loading at the facility as follows:
    (1) Annual certification testing performed under Sec. 63.425(e); and
    (2) Continuous performance testing performed at any time at that 
facility under Sec. 63.425 (f), (g), and (h).
    (3) The documentation file shall be kept up-to-date for each 
gasoline cargo tank loading at the facility. The documentation for each 
test shall include, as a minimum, the following information:
    (i) Name of test:

Annual Certification Test--Method 27 (Sec. 63.425(e)(1)),
Annual Certification Test--Internal Vapor Valve (Sec. 63.425(e)(2)),
Leak Detection Test (Sec. 63.425(f)),
Nitrogen Pressure Decay Field Test (Sec. 63.425(g)), or
Continuous Performance Pressure Decay Test (Sec. 63.425(h)).

    (ii) Cargo tank owner's name and address.
    (iii) Cargo tank identification number.
    (iv) Test location and date.
    (v) Tester name and signature.
    (vi) Witnessing inspector, if any: Name, signature, and affiliation.
    (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:

[[Page 446]]

    (1) The equipment type and identification number;
    (2) The nature of the leak (i.e., vapor or liquid) and the method of 
detection (i.e., sight, sound, or smell);
    (3) The date the leak was detected and the date of each attempt to 
repair the leak;
    (4) Repair methods applied in each attempt to repair the leak;
    (5) ``Repair delayed'' and the reason for the delay if the leak is 
not repaired within 15 calendar days after discovery of the leak;
    (6) The expected date of successful repair of the leak if the leak 
is not repaired within 15 days; and
    (7) The date of successful repair of the leak.
    (f) Each owner or operator subject to the provisions of Sec. 63.424 
shall report to the Administrator a description of the types, 
identification numbers, and locations of all equipment in gasoline 
service. For facilities electing to implement an instrument program 
under Sec. 63.424(f), the report shall contain a full description of the 
program.
    (1) In the case of an existing source or a new source that has an 
initial startup date before the effective date, the report shall be 
submitted with the notification of compliance status required under 
Sec. 63.9(h), unless an extension of compliance is granted under 
Sec. 63.6(i). If an extension of compliance is granted, the report shall 
be submitted on a date scheduled by the Administrator.
    (2) In the case of new sources that did not have an initial startup 
date before the effective date, the report shall be submitted with the 
application for approval of construction, as described in Sec. 63.5(d).
    (g) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart shall include 
in a semiannual report to the Administrator the following information, 
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

[[Page 447]]

16, 1996 for existing facilities, within 30 days for existing facilities 
subject to Sec. 63.420(c) after December 16, 1996, or at startup for new 
facilities the methods, procedures, and assumptions supporting the 
calculations for determining criteria in Sec. 63.420(c);
    (2) Maintain records to document that the facility parameters 
established under Sec. 63.420(c) have not been exceeded; and
    (3) Report annually to the Administrator that the facility 
parameters established under Sec. 63.420(c) have not been exceeded.
    (4) At any time following the notification required under paragraph 
(i)(1) of this section and approval by the Administrator of the facility 
parameters, and prior to any of the parameters being exceeded, the owner 
or operator may submit a report to request modification of any facility 
parameter to the Administrator for approval. Each such request shall 
document any expected HAP emission change resulting from the change in 
parameter.
    (j) Each owner or operator of a facility meeting the criteria in 
Sec. 63.420(d) shall perform the requirements of this paragraph (j), all 
of which will be available for public inspection:
    (1) Document and report to the Administrator not later than December 
16, 1996 for existing facilities, within 30 days for existing facilities 
subject to Sec. 63.420(d) after December 16, 1996, or at startup for new 
facilities the use of the emission screening equations in 
Sec. 63.420(a)(1) or (b)(1) and the calculated value of ET or 
EP;
    (2) Maintain a record of the calculations in Sec. 63.420 (a)(1) or 
(b)(1), including methods, procedures, and assumptions supporting the 
calculations for determining criteria in Sec. 63.420(d); and
    (3) At any time following the notification required under paragraph 
(j)(1) of this section, and prior to any of the parameters being 
exceeded, the owner or operator may notify the Administrator of 
modifications to the facility parameters. Each such notification shall 
document any expected HAP emission change resulting from the change in 
parameter.

[59 FR 64318, Dec. 14, 1994, as amended at 61 FR 7723, Feb. 29, 1996; 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

[[Page 448]]

 
63.1(e)...........................................  Yes                      ...................................
63.2..............................................  Yes                      Additional definitions in Sec.
                                                                              63.421
63.3(a)-(c).......................................  Yes                      ...................................
63.4(a)(1)-(a)(3).................................  Yes                      ...................................
63.4(a)(4)........................................  No                       Section reserved
63.4(a)(5)........................................  Yes                      ...................................
63.4(b)...........................................  Yes                      ...................................
63.4(c)...........................................  Yes                      ...................................
63.5(a)(1)........................................  Yes                      ...................................
63.5(a)(2)........................................  Yes                      ...................................
63.5(b)(1)........................................  Yes                      ...................................
63.5(b)(2)........................................  No                       Section reserved
63.5(b)(3)........................................  Yes                      ...................................
63.5(b)(4)........................................  Yes                      ...................................
63.5(b)(5)........................................  Yes                      ...................................
63.5(b)(6)........................................  Yes                      ...................................
63.5(c)...........................................  No                       Section reserved
63.5(d)(1)........................................  Yes                      ...................................
63.5(d)(2)........................................  Yes                      ...................................
63.5(d)(3)........................................  Yes                      ...................................
63.5(d)(4)........................................  Yes                      ...................................
63.5(e)...........................................  Yes                      ...................................
63.5(f)(1)........................................  Yes                      ...................................
63.5(f)(2)........................................  Yes                      ...................................
63.6(a)...........................................  Yes                      ...................................
63.6(b)(1)........................................  Yes                      ...................................
63.6(b)(2)........................................  Yes                      ...................................
63.6(b)(3)........................................  Yes                      ...................................
63.6(b)(4)........................................  Yes                      ...................................
63.6(b)(5)........................................  Yes                      ...................................
63.6(b)(6)........................................  No                       Section reserved
63.6(b)(7)........................................  Yes                      ...................................
63.6(c)(1)........................................  No                       Subpart R specifies the compliance
                                                                              date
63.6(c)(2)........................................  Yes                      ...................................
63.6(c)(3)-(c)(4).................................  No                       Sections reserved
63.6(c)(5)........................................  Yes                      ...................................
63.6(d)...........................................  No                       Section reserved
63.6(e)...........................................  Yes                      ...................................
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                      ...................................

[[Page 449]]

 
63.8(c)(2)........................................  Yes                      ...................................
63.8(c)(3)........................................  Yes                      ...................................
63.8(c)(4)........................................  Yes                      ...................................
63.8(c)(5)........................................  No                       Subpart R does not require COMS
63.8(c)(6)-(c)(8).................................  Yes                      ...................................
63.8(d)...........................................  Yes                      ...................................
63.8(e)...........................................  Yes                      ...................................
63.8(f)(1)-(f)(5).................................  Yes                      ...................................
63.8(f)(6)........................................  Yes                      ...................................
63.8(g)...........................................  Yes                      ...................................
63.9(a)...........................................  Yes                      ...................................
63.9(b)(1)........................................  Yes                      ...................................
63.9(b)(2)........................................  No                       Subpart R allows additional time
                                                                              for existing sources to submit
                                                                              initial notification. Sec.
                                                                              63.428(a) specifies submittal by 1
                                                                              year after being subject to the
                                                                              rule or December 16, 1996,
                                                                              whichever is later.
63.9(b)(3)........................................  Yes                      ...................................
63.9(b)(4)........................................  Yes                      ...................................
63.9(b)(5)........................................  Yes                      ...................................
63.9(c)...........................................  Yes                      ...................................
63.9(d)...........................................  Yes                      ...................................
63.9(e)...........................................  Yes                      ...................................
63.9(f)...........................................  Yes                      ...................................
63.9(g)...........................................  Yes                      ...................................
63.9(h)(1)-(h)(3).................................  Yes                      ...................................
63.9(h)(4)........................................  No                       Section reserved
63.9(h)(5)-(h)(6).................................  Yes                      ...................................
63.9(i)...........................................  Yes                      ...................................
63.9(j)...........................................  Yes                      ...................................
63.10(a)..........................................  Yes                      ...................................
63.10(b)(1).......................................  Yes                      ...................................
63.10(b)(2).......................................  Yes                      ...................................
63.10(b)(3).......................................  Yes                      ...................................
63.10(c)(1).......................................  Yes                      ...................................
63.10(c)(2)-(c)(4)................................  No                       Sections reserved
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--National Emission Standards for Hazardous Air Pollutants from 
                       the Pulp and Paper Industry

    Source: 63 FR 18617, Apr. 15, 1998, unless otherwise noted.

[[Page 450]]



Sec. 63.440  Applicability.

    (a) The provisions of this subpart apply to the owner or operator of 
processes that produce pulp, paper, or paperboard; that are located at a 
plant site that is a major source as defined in Sec. 63.2 of subpart A 
of this part; and that use the following processes and materials:
    (1) Kraft, soda, sulfite, or semi-chemical pulping processes using 
wood; or
    (2) Mechanical pulping processes using wood; or
    (3) Any process using secondary or non-wood fibers.
    (b) The affected source to which the existing sourceprovisions of 
this subpart apply is as follows:
    (1) For the processes specified in paragraph (a)(1) of this section, 
the affected source is the total of all HAP emission points in the 
pulping and bleaching systems; or
    (2) For the processes specified in paragraphs (a)(2) or (a)(3) of 
this section, the affected source is the total of all HAP emission 
points in the bleaching system.
    (c) The new source provisions of this subpart apply to the total of 
all HAP emission points at new or existing sources as follows:
    (1) Each affected source defined in paragraph (b)(1) of this section 
that commences construction or reconstruction after December 17, 1993;
    (2) Each pulping system or bleaching system for the processes 
specified in paragraph (a)(1) of this section that commences 
construction or reconstruction after December 17, 1993;
    (3) Each additional pulping or bleaching line at the processes 
specified in paragraph (a)(1) of this section, that commences 
construction after December 17, 1993;
    (4) Each affected source defined in paragraph (b)(2) of this section 
that commences construction or reconstruction after March 8, 1996; or
    (5) Each additional bleaching line at the processes specified in 
paragraphs (a)(2) or (a)(3) of this section, that commences construction 
after March 8, 1996.
    (d) Each existing source shall achieve compliance no later than 
April 16, 2001, except as provided in paragraphs (d)(1) through (d)(3) 
of this section.
    (1) Each kraft pulping system shall achieve compliance with the 
pulping system provisions of Sec. 63.443 for the equipment listed in 
Sec. 63.443(a)(1)(ii) through (a)(1)(v) as expeditiously as practicable, 
but in no event later than April 17, 2006 and the owners and operators 
shall establish dates, update dates, and report the dates for the 
milestones specified in Sec. 63.455(b).
    (2) Each dissolving-grade bleaching system at either kraft or 
sulfite pulping mills shall achieve compliance with the bleach plant 
provisions of Sec. 63.445 of this subpart as expeditiously as 
practicable, but in no event later than 3 years after the promulgation 
of the revised effluent limitation guidelines and standards under 40 CFR 
430.14 through 430.17 and 40 CFR 430.44 through 430.47.
    (3) Each bleaching system complying with the Voluntary Advanced 
Technology Incentives Program for Effluent Limitation Guidelines in 40 
CFR 430.24, shall comply with the requirements specified in either 
paragraph (d)(3)(i) or (d)(3)(ii) of this section for the effluent 
limitation guidelines and standards in 40 CFR 430.24.
    (i) Comply with the bleach plant provisions of Sec. 63.445 of this 
subpart as expeditiously as practicable, but in no event later than 
April 16, 2001.
    (ii) Comply with paragraphs (d)(3)(ii)(A), (d)(3)(ii)(B), and 
(d)(3)(ii)(C) of this section.
    (A) The owner or operator of a bleaching system shall comply with 
the bleach plant provisions of Sec. 63.445 of this subpart as 
expeditiously as practicable, but in no event later than April 15, 2004.
    (B) The owner or operator of a bleaching system shall comply with 
the requirements specified in either paragraph (d)(3)(ii)(B)(1) or 
(d)(3)(ii)(B)(2) of this section.
    (1) Not increase the application rate of chlorine or hypochlorite in 
kilograms (kg) of bleaching agent per megagram of ODP, in the bleaching 
system above the average daily rates used over the three months prior to 
June 15, 1998 until the requirements of paragraph (d)(3)(ii)(A) of this 
section are met and record application rates as specified in 
Sec. 63.454(c).

[[Page 451]]

    (2) Comply with enforceable effluent limitations guidelines for 
2,3,7,8-tetrachloro-dibenzo-p-dioxin and adsorbable organic halides at 
least as stringent as the baseline BAT levels set out in 40 CFR 
430.24(a)(1) as expeditiously as possible, but in no event later than 
April 16, 2001.
    (C) Owners and operators shall establish dates, update dates, and 
report the dates for the milestones specified in Sec. 63.455(b).
    (e) Each new source, specified as the total of all HAP emission 
points for the sources specified in paragraph (c) of this section, shall 
achieve compliance upon start-up or June 15, 1998, whichever is later, 
as provided in Sec. 63.6(b) of subpart A of this part.
    (f) Each owner or operator of an affected source with affected 
process equipment shared by more than one type of pulping process, shall 
comply with the applicable requirement in this subpart that achieves the 
maximum degree of reduction in HAP emissions.
    (g) Each owner or operator of an affected source specified in 
paragraphs (a) through (c) of this section must comply with the 
requirements of subpart A--General Provisions of this part, as indicated 
in table 1 to this subpart.

[63 FR 18617, Apr. 15, 1998, as amended at 63 FR 71389, Dec. 28, 1998]



Sec. 63.441  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the CAA, in subpart A of this part, and in this section as follows:
    Acid condensate storage tank means any storage tank containing 
cooking acid following the sulfur dioxide gas fortification process.
    Black liquor means spent cooking liquor that has been separated from 
the pulp produced by the kraft, soda, or semi-chemical pulping process.
    Bleaching means brightening of pulp by the addition of oxidizing 
chemicals or reducing chemicals.
    Bleaching line means a group of bleaching stages arranged in series 
such that bleaching of the pulp progresses as the pulp moves from one 
stage to the next.
    Bleaching stage means all process equipment associated with a 
discrete step of chemical application and removal in the bleaching 
process including chemical and steam mixers, bleaching towers, washers, 
seal (filtrate) tanks, vacuum pumps, and any other equipment serving the 
same function as those previously listed.
    Bleaching system means all process equipment after high-density pulp 
storage prior to the first application of oxidizing chemicals or 
reducing chemicals following the pulping system, up to and including the 
final bleaching stage.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam. A boiler is not considered a thermal 
oxidizer.
    Chip steamer means a vessel used for the purpose of preheating or 
pretreating wood chips prior to the digester, using flash steam from the 
digester or live steam.
    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, including 
but not limited to, a thermal oxidizer, lime kiln, recovery furnace, 
process heater, or boiler, used for the thermal oxidation of organic 
hazardous air pollutant vapors.
    Decker system means all equipment used to thicken the pulp slurry or 
reduce its liquid content after the pulp washing system and prior to 
high-density pulp storage. The decker system includes decker vents, 
filtrate tanks, associated vacuum pumps, and any other equipment serving 
the same function as those previously listed.
    Digester system means each continuous digester or each batch 
digester used for the chemical treatment of wood or non-wood fibers. The 
digester system equipment includes associated flash tank(s), blow 
tank(s), chip steamer(s) not using fresh steam, blow heat recovery 
accumulator(s), relief gas condenser(s), prehydrolysis unit(s) preceding 
the pulp washing system, and any other equipment serving the same 
function as those previously listed. The digester system includes any of 
the liquid streams or condensates associated

[[Page 452]]

with batch or continuous digester relief, blow, or flash steam 
processes.
    Emission point means any part of a stationary source that emits 
hazardous air pollutants regulated under this subpart, including 
emissions from individual process vents, stacks, open pieces of process 
equipment, equipment leaks, wastewater and condensate collection and 
treatment system units, and those emissions that could reasonably be 
conveyed through a stack, chimney, or duct where such emissions first 
reach the environment.
    Evaporator system means all equipment associated with increasing the 
solids content and/or concentrating spent cooking liquor from the pulp 
washing system including pre-evaporators, multi-effect evaporators, 
concentrators, and vacuum systems, as well as associated condensers, 
hotwells, and condensate streams, and any other equipment serving the 
same function as those previously listed.
    Flow indicator means any device that indicates gas or liquid flow in 
an enclosed system.
    HAP means a hazardous air pollutant as defined in Sec. 63.2 of 
subpart A of this part.
    High volume, low concentration or HVLC collection system means the 
gas collection and transport system used to convey gases from the HVLC 
system to a control device.
    High volume, low concentration or HVLC system means the collection 
of equipment including the pulp washing, knotter, screen, decker, and 
oxygen delignification systems, weak liquor storage tanks, and any other 
equipment serving the same function as those previously listed.
    Knotter system means equipment where knots, oversized material, or 
pieces of uncooked wood are removed from the pulp slurry after the 
digester system and prior to the pulp washing system. The knotter system 
equipment includes the knotter, knot drainer tanks, ancillary tanks, and 
any other equipment serving the same function as those previously 
listed.
    Kraft pulping means a chemical pulping process that uses a mixture 
of sodium hydroxide and sodium sulfide as the cooking liquor.
    Lime kiln means an enclosed combustion device used to calcine lime 
mud, which consists primarily of calcium carbonate, into calcium oxide.
    Low volume, high concentration or LVHC collection system means the 
gas collection and transport system used to convey gases from the LVHC 
system to a control device.
    Low volume, high concentration or LVHC system means the collection 
of equipment including the digester, turpentine recovery, evaporator, 
steam stripper systems, and any other equipment serving the same 
function as those previously listed.
    Mechanical pulping means a pulping process that only uses mechanical 
and thermo-mechanical processes to reduce wood to a fibrous mass. The 
mechanical pulping processes include, but are not limited to, stone 
groundwood, pressurized groundwood, refiner mechanical, thermal refiner 
mechanical, thermo-mechanical, and tandem thermo-mechanical.
    Non-wood pulping means the production of pulp from fiber sources 
other than trees. The non-wood fiber sources include, but are not 
limited to, bagasse, cereal straw, cotton, flax straw, hemp, jute, 
kenaf, and leaf fibers.
    Oven-dried pulp or ODP means a pulp sample at zero percent moisture 
content by weight. Pulp samples for applicability or compliance 
determinations for both the pulping and bleaching systems shall be 
unbleached pulp. For purposes of complying with mass emission limits in 
this subpart, megagram of ODP shall be measured to represent the amount 
of pulp entering and processed by the equipment system under the 
specified mass limit. For equipment that does not process pulp, megagram 
of ODP shall be measured to represent the amount of pulp that was 
processed to produce the gas and liquid streams.
    Oxygen delignification system means the equipment that uses oxygen 
to remove lignin from pulp after high-density stock storage and prior to 
the bleaching system. The oxygen delignification system equipment 
includes the blow tank, washers, filtrate tanks, any interstage pulp 
storage tanks, and any other equipment serving the same function as 
those previously listed.

[[Page 453]]

    Primary fuel means the fuel that provides the principal heat input 
to the combustion device. To be considered primary, the fuel must be 
able to sustain operation of the combustion device without the addition 
of other fuels.
    Process wastewater treatment system means a collection of equipment, 
a process, or specific technique that removes or destroys the HAPs in a 
process wastewater stream. Examples include, but are not limited to, a 
steam stripping unit, wastewater thermal oxidizer, or biological 
treatment unit.
    Pulp washing system means all equipment used to wash pulp and 
separate spent cooking chemicals following the digester system and prior 
to the bleaching system, oxygen delignification system, or paper machine 
system (at unbleached mills). The pulp washing system equipment includes 
vacuum drum washers, diffusion washers, rotary pressure washers, 
horizontal belt filters, intermediate stock chests, and their associated 
vacuum pumps, filtrate tanks, foam breakers or tanks, and any other 
equipment serving the same function as those previously listed. The pulp 
washing system does not include deckers, screens, knotters, stock 
chests, or pulp storage tanks following the last stage of pulp washing.
    Pulping line means a group of equipment arranged in series such that 
the wood chips are digested and the resulting pulp progresses through a 
sequence of steps that may include knotting, refining, washing, 
thickening, blending, storing, oxygen delignification, and any other 
equipment serving the same function as those previously listed.
    Pulping process condensates means any HAP-containing liquid that 
results from contact of water with organic compounds in the pulping 
process. Examples of process condensates include digester system 
condensates, turpentine recovery system condensates, evaporator system 
condensates, LVHC system condensates, HVLC system condensates, and any 
other condensates from equipment serving the same function as those 
previously listed. Liquid streams that are intended for byproduct 
recovery are not considered process condensate streams.
    Pulping system means all process equipment, beginning with the 
digester system, and up to and including the last piece of pulp 
conditioning equipment prior to the bleaching system, including 
treatment with ozone, oxygen, or peroxide before the first application 
of a chemical bleaching agent intended to brighten pulp. The pulping 
system includes pulping process condensates and can include multiple 
pulping lines.
    Recovery furnace means an enclosed combustion device where 
concentrated spent liquor is burned to recover sodium and sulfur, 
produce steam, and dispose of unwanted dissolved wood components in the 
liquor.
    Screen system means equipment in which oversized particles are 
removed from the pulp slurry prior to the bleaching or papermaking 
system washed stock storage.
    Secondary fiber pulping means a pulping process that converts a 
fibrous material, that has previously undergone a manufacturing process, 
into pulp stock through the addition of water and mechanical energy. The 
mill then uses that pulp as the raw material in another manufactured 
product. These mills may also utilize chemical, heat, and mechanical 
processes to remove ink particles from the fiber stock.
    Semi-chemical pulping means a pulping process that combines both 
chemical and mechanical pulping processes. The semi-chemical pulping 
process produces intermediate yields ranging from 55 to 90 percent.
    Soda pulping means a chemical pulping process that uses sodium 
hydroxide as the active chemical in the cooking liquor.
    Spent liquor means process liquid generated from the separation of 
cooking liquor from pulp by the pulp washing system containing dissolved 
organic wood materials and residual cooking compounds.
    Steam stripper system means a column (including associated stripper 
feed tanks, condensers, or heat exchangers) used to remove compounds 
from wastewater or condensates using steam. The steam stripper system 
also contains all equipment associated with a methanol rectification 
process including rectifiers, condensers, decanters, storage

[[Page 454]]

tanks, and any other equipment serving the same function as those 
previously listed.
    Strong liquor storage tanks means all storage tanks containing 
liquor that has been concentrated in preparation for combustion or 
oxidation in the recovery process.
    Sulfite pulping means a chemical pulping process that uses a mixture 
of sulfurous acid and bisulfite ion as the cooking liquor.
    Temperature monitoring device means a piece of equipment used to 
monitor temperature and having an accuracy of 1.0 percent of 
the temperature being monitored expressed in degrees Celsius or 
0.5 degrees Celsius (  deg.C), whichever is greater.
    Thermal oxidizer means an enclosed device that destroys organic 
compounds by thermal oxidation.
    Turpentine recovery system means all equipment associated with 
recovering turpentine from digester system gases including condensers, 
decanters, storage tanks, and any other equipment serving the same 
function as those previously listed. The turpentine recovery system 
includes any liquid streams associated with the turpentine recovery 
process such as turpentine decanter underflow. Liquid streams that are 
intended for byproduct recovery are not considered turpentine recovery 
system condensate streams.
    Weak liquor storage tank means any storage tank except washer 
filtrate tanks containing spent liquor recovered from the pulping 
process and prior to the evaporator system.

[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999]



Sec. 63.442  [Reserved]



Sec. 63.443  Standards for the pulping system at kraft, soda, and semi-chemical processes.

    (a) The owner or operator of each pulping system using the kraft 
process subject to the requirements of this subpart shall control the 
total HAP emissions from the following equipment systems, as specified 
in paragraphs (c) and (d) of this section.
    (1) At existing affected sources, the total HAP emissions from the 
following equipment systems shall be controlled:
    (i) Each LVHC system;
    (ii) Each knotter or screen system with total HAP mass emission 
rates greater than or equal to the rates specified in paragraphs 
(a)(1)(ii)(A) or (a)(1)(ii)(B) of this section or the combined rate 
specified in paragraph (a)(1)(ii)(C) of this section.
    (A) Each knotter system with emissions of 0.05 kilograms or more of 
total HAP per megagram of ODP (0.1 pounds per ton).
    (B) Each screen system with emissions of 0.10 kilograms or more of 
total HAP per megagram of ODP (0.2 pounds per ton).
    (C) Each knotter and screen system with emissions of 0.15 kilograms 
or more of total HAP per megagram of ODP (0.3 pounds per ton).
    (iii) Each pulp washing system;
    (iv) Each decker system that:
    (A) Uses any process water other than fresh water or paper machine 
white water; or
    (B) Uses any process water with a total HAP concentration greater 
than 400 parts per million by weight; and
    (v) Each oxygen delignification system.
    (2) At new affected sources, the total HAP emissions from the 
equipment systems listed in paragraphs (a)(1)(i), (a)(1)(iii), and 
(a)(1)(v) of this section and the following equipment systems shall be 
controlled:
    (i) Each knotter system;
    (ii) Each screen system;
    (iii) Each decker system; and
    (iv) Each weak liquor storage tank.
    (b) The owner or operator of each pulping system using a semi-
chemical or soda process subject to the requirements of this subpart 
shall control the total HAP emissions from the following equipment 
systems as specified in paragraphs (c) and (d) of this section.
    (1) At each existing affected source, the total HAP emissions from 
each LVHC system shall be controlled.
    (2) At each new affected source, the total HAP emissions from each 
LVHC system and each pulp washing system shall be controlled.
    (c) Equipment systems listed in paragraphs (a) and (b) of this 
section shall

[[Page 455]]

be enclosed and vented into a closed-vent system and routed to a control 
device that meets the requirements specified in paragraph (d) of this 
section. The enclosures and closed-vent system shall meet the 
requirements specified in Sec. 63.450.
    (d) The control device used to reduce total HAP emissions from each 
equipment system listed in paragraphs (a) and (b) of this section shall:
    (1) Reduce total HAP emissions by 98 percent or more by weight; or
    (2) Reduce the total HAP concentration at the outlet of the thermal 
oxidizer to 20 parts per million or less by volume, corrected to 10 
percent oxygen on a dry basis; or
    (3) Reduce total HAP emissions using a thermal oxidizer designed and 
operated at a minimum temperature of 871  deg.C (1600  deg.F) and a 
minimum residence time of 0.75 seconds; or
    (4) Reduce total HAP emissions using a boiler, lime kiln, or 
recovery furnace by introducing the HAP emission stream with the primary 
fuel or into the flame zone.
    (e) Periods of excess emissions reported under Sec. 63.455 shall not 
be a violation of Sec. 63.443 (c) and (d) provided that the time of 
excess emissions (excluding periods of startup, shutdown, or 
malfunction) divided by the total process operating time in a semi-
annual reporting period does not exceed the following levels:
    (1) One percent for control devices used to reduce the total HAP 
emissions from the LVHC system; and
    (2) Four percent for control devices used to reduce the total HAP 
emissions from the HVLC system; and
    (3) Four percent for control devices used to reduce the total HAP 
emissions from both the LVHC and HVLC systems.

[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999]



Sec. 63.444  Standards for the pulping system at sulfite processes.

    (a) The owner or operator of each sulfite process subject to the 
requirements of this subpart shall control the total HAP emissions from 
the following equipment systems as specified in paragraphs (b) and (c) 
of this section.
    (1) At existing sulfite affected sources, the total HAP emissions 
from the following equipment systems shall be controlled:
    (i) Each digester system vent;
    (ii) Each evaporator system vent; and
    (iii) Each pulp washing system.
    (2) At new affected sources, the total HAP emissions from the 
equipment systems listed in paragraph (a)(1) of this section and the 
following equipment shall be controlled:
    (i) Each weak liquor storage tank;
    (ii) Each strong liquor storage tank; and
    (iii) Each acid condensate storage tank.
    (b) Equipment listed in paragraph (a) of this section shall be 
enclosed and vented into a closed-vent system and routed to a control 
device that meets the requirements specified in paragraph (c) of this 
section. The enclosures and closed-vent system shall meet the 
requirements specified in Sec. 63.450. Emissions from equipment listed 
in paragraph (a) of this section that is not necessary to be reduced to 
meet paragraph (c) of this section is not required to be routed to a 
control device.
    (c) The total HAP emissions from both the equipment systems listed 
in paragraph (a) of this section and the vents, wastewater, and 
condensate streams from the control device used to reduce HAP emissions, 
shall be controlled as follows.
    (1) Each calcium-based or sodium-based sulfite pulping process 
shall:
    (i) Emit no more than 0.44 kilograms of total HAP or methanol per 
megagram (0.89 pounds per ton) of ODP; or
    (ii) Remove 92 percent or more by weight of the total HAP or 
methanol.
    (2) Each magnesium-based or ammonium-based sulfite pulping process 
shall:
    (i) Emit no more than 1.1 kilograms of total HAP or methanol per 
megagram (2.2 pounds per ton) of ODP; or
    (ii) Remove 87 percent or more by weight of the total HAP or 
methanol.



Sec. 63.445  Standards for the bleaching system.

    (a) Each bleaching system that does not use any chlorine or 
chlorinated

[[Page 456]]

compounds for bleaching is exempt from the requirements of this section. 
Owners or operators of the following bleaching systems shall meet all 
the provisions of this section:
    (1) Bleaching systems that use chlorine;
    (2) Bleaching systems bleaching pulp from kraft, sulfite, or soda 
pulping processes that use any chlorinated compounds; or
    (3) Bleaching systems bleaching pulp from mechanical pulping 
processes using wood or from any process using secondary or non-wood 
fibers, that use chlorine dioxide.
    (b) The equipment at each bleaching stage, of the bleaching systems 
listed in paragraph (a) of this section, where chlorinated compounds are 
introduced shall be enclosed and vented into a closed-vent system and 
routed to a control device that meets the requirements specified in 
paragraph (c) of this section. The enclosures and closed-vent system 
shall meet the requirements specified in Sec. 63.450. If process 
modifications are used to achieve compliance with the emission limits 
specified in paragraphs (c)(2) or (c)(3), enclosures and closed-vent 
systems are not required, unless appropriate.
    (c) The control device used to reduce chlorinated HAP emissions (not 
including chloroform) from the equipment specified in paragraph (b) of 
this section shall:
    (1) Reduce the total chlorinated HAP mass in the vent stream 
entering the control device by 99 percent or more by weight;
    (2) Achieve a treatment device outlet concentration of 10 parts per 
million or less by volume of total chlorinated HAP; or
    (3) Achieve a treatment device outlet mass emission rate of 0.001 kg 
of total chlorinated HAP mass per megagram (0.002 pounds per ton) of 
ODP.
    (d) The owner or operator of each bleaching system subject to 
paragraph (a)(2) of this section shall comply with paragraph (d)(1) or 
(d)(2) of this section to reduce chloroform air emissions to the 
atmosphere, except the owner or operator of each bleaching system 
complying with extended compliance under Sec. 63.440(d)(3)(ii) shall 
comply with paragraph (d)(1) of this section.
    (1) Comply with the following applicable effluent limitation 
guidelines and standards specified in 40 CFR part 430:
    (i) Dissolving-grade kraft bleaching systems and lines, 40 CFR 
430.14 through 430.17;
    (ii) Paper-grade kraft and soda bleaching systems and lines, 40 CFR 
430.24(a)(1) and (e), and 40 CFR 430.26 (a) and (c);
    (iii) Dissolving-grade sulfite bleaching systems and lines, 40 CFR 
430.44 through 430.47; or
    (iv) Paper-grade sulfite bleaching systems and lines, 40 CFR 
430.54(a) and (c), and 430.56(a) and (c).
    (2) Use no hypochlorite or chlorine for bleaching in the bleaching 
system or line.

[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999



Sec. 63.446  Standards for kraft pulping process condensates.

    (a) The requirements of this section apply to owners or operators of 
kraft processes subject to the requirements of this subpart.
    (b) The pulping process condensates from the following equipment 
systems shall be treated to meet the requirements specified in 
paragraphs (c), (d), and (e) of this section:
    (1) Each digester system;
    (2) Each turpentine recovery system;
    (3) Each evaporator system condensate from:
    (i) The vapors from each stage where weak liquor is introduced (feed 
stages); and
    (ii) Each evaporator vacuum system for each stage where weak liquor 
is introduced (feed stages).
    (4) Each HVLC collection system; and
    (5) Each LVHC collection system.
    (c) One of the following combinations of HAP-containing pulping 
process condensates generated, produced, or associated with the 
equipment systems listed in paragraph (b) of this section shall be 
subject to the requirements of paragraphs (d) and (e) of this section:
    (1) All pulping process condensates from the equipment systems 
specified in paragraphs (b)(1) through (b)(5) of this section.
    (2) The combined pulping process condensates from the equipment 
systems specified in paragraphs (b)(4) and

[[Page 457]]

(b)(5) of this section, plus pulping process condensate stream(s) that 
in total contain at least 65 percent of the total HAP mass from the 
pulping process condensates from equipment systems listed in paragraphs 
(b)(1) through (b)(3) of this section.
    (3) The pulping process condensates from equipment systems listed in 
paragraphs (b)(1) through (b)(5) of this section that in total contain a 
total HAP mass of 3.6 kilograms or more of total HAP per megagram (7.2 
pounds per ton) of ODP for mills that do not perform bleaching or 5.5 
kilograms or more of total HAP per megagram (11.1 pounds per ton) of ODP 
for mills that perform bleaching.
    (d) The pulping process condensates from the equipment systems 
listed in paragraph (b) of this section shall be conveyed in a closed 
collection system that is designed and operated to meet the requirements 
specified in paragraphs (d)(1) and (d)(2) of this section.
    (1) Each closed collection system shall meet the individual drain 
system requirements specified in Secs. 63.960, 63.961, and 63.962 of 
subpart RR of this part, except closed-vent systems and control devices 
shall be designed and operated in accordance with Secs. 63.443(d) and 
63.450, instead of in accordance with Sec. 63.962(a)(3)(ii), 
(b)(3)(ii)(A), and (b)(3)(ii)(B)(5)(iii); and
    (2) If a condensate tank is used in the closed collection system, 
the tank shall meet the following requirements:
    (i) The fixed roof and all openings (e.g., access hatches, sampling 
ports, gauge wells) shall be designed and operated with no detectable 
leaks as indicated by an instrument reading of less than 500 parts per 
million above background, and vented into a closed-vent system that 
meets the requirements in Sec. 63.450 and routed to a control device 
that meets the requirements in Sec. 63.443(d); and
    (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 tank contains pulping process condensates or any HAP removed from a 
pulping process condensate stream except when it is necessary to use the 
opening for sampling, removal, or for equipment inspection, maintenance, 
or repair.
    (e) Each pulping process condensate from the equipment systems 
listed in paragraph (b) of this section shall be treated according to 
one of the following options:
    (1) Recycle the pulping process condensate to an equipment system 
specified in Sec. 63.443(a) meeting the requirements specified in 
Sec. 63.443(c) and (d); or
    (2) Discharge the pulping process condensate below the liquid 
surface of a biological treatment system meeting the requirement 
specified in paragraph (e)(3) of this section; or
    (3) Treat the pulping process condensates to reduce or destroy the 
total HAPs by at least 92 percent or more by weight; or
    (4) At mills that do not perform bleaching, treat the pulping 
process condensates to remove 3.3 kilograms or more of total HAP per 
megagram (6.6 pounds per ton) of ODP, or achieve a total HAP 
concentration of 210 parts per million or less by weight at the outlet 
of the control device; or
    (5) At mills that perform bleaching, treat the pulping process 
condensates to remove 5.1 kilograms or more of total HAP per megagram 
(10.2 pounds per ton) of ODP, or achieve a total HAP concentration of 
330 parts per million or less by weight at the outlet of the control 
device.
    (f) Each HAP removed from a pulping process condensate stream during 
treatment and handling under paragraphs (d) or (e) of this section, 
except for those treated according to paragraph (e)(2) of this section, 
shall be controlled as specified in Sec. 63.443(c) and (d).
    (g) For each control device (e.g. steam stripper system or other 
equipment serving the same function) used to treat pulping process 
condensates to comply with the requirements specified in paragraphs 
(e)(3) through (e)(5) of this section, periods of excess emissions 
reported under Sec. 63.455 shall not be a violation of paragraphs (d), 
(e)(3) through (e)(5), and (f) of this section provided that the time of 
excess emissions (including periods of startup, shutdown, or 
malfunction) divided by the total process operating time in a semi-
annual reporting period does not exceed 10 percent. The 10 percent 
excess emissions allowance does not

[[Page 458]]

apply to treatment of pulping process condensates according to paragraph 
(e)(2) of this section (e.g. the biological wastewater treatment system 
used to treat multiple (primarily non-condensate) wastewater streams to 
comply with the Clean Water Act).
    (h) Each owner or operator of a new or existing affected source 
subject to the requirements of this section shall evaluate all new or 
modified pulping process condensates or changes in the annual bleached 
or non-bleached ODP used to comply with paragraph (i) of this section, 
to determine if they meet the applicable requirements of this section.
    (i) For the purposes of meeting the requirements in paragraphs 
(c)(3), (e)(4), or (e)(5) of this section at mills producing both 
bleached and unbleached pulp products, owners and operators may meet a 
prorated mass standard that is calculated by prorating the applicable 
mass standards (kilograms of total HAP per megagram of ODP) for bleached 
and unbleached pulp products specified in paragraphs (c)(3), (e)(4), or 
(e)(5) of this section by the ratio of annual megagrams of bleached and 
unbleached ODP.

[63 FR 18617, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 63 
FR 49459, Sept. 16, 1998; 64 FR 17563, Apr. 12, 1999]



Sec. 63.447  Clean condensate alternative.

    As an alternative to the requirements specified in 
Sec. 63.443(a)(1)(ii) through (a)(1)(v) for the control of HAP emissions 
from pulping systems using the kraft process, an owner or operator must 
demonstrate to the satisfaction of the Administrator, by meeting all the 
requirements below, that the total HAP emissions reductions achieved by 
this clean condensate alternative technology are equal to or greater 
than the total HAP emission reductions that would have been achieved by 
compliance with Sec. 63.443(a)(1)(ii) through (a)(1)(v).
    (a) For the purposes of this section only the following additional 
definitions apply.
    (1) Clean condensate alternative affected source means the total of 
all HAP emission points in the pulping, bleaching, causticizing, and 
papermaking systems (exclusive of HAP emissions attributable to 
additives to paper machines and HAP emission points in the LVHC system).
    (2) Causticizing system means all equipment associated with 
converting sodium carbonate into active sodium hydroxide. The equipment 
includes smelt dissolving tanks, lime mud washers and storage tanks, 
white and mud liquor clarifiers and storage tanks, slakers, slaker grit 
washers, lime kilns, green liquor clarifiers and storage tanks, and dreg 
washers ending with the white liquor storage tanks prior to the digester 
system, and any other equipment serving the same function as those 
previously listed.
    (3) Papermaking system means all equipment used to convert pulp into 
paper, paperboard, or market pulp, including the stock storage and 
preparation systems, the paper or paperboard machines, and the paper 
machine white water system, broke recovery systems, and the systems 
involved in calendering, drying, on-machine coating, slitting, winding, 
and cutting.
    (b) Each owner or operator shall install and operate a clean 
condensate alternative technology with a continuous monitoring system to 
reduce total HAP emissions by treating and reducing HAP concentrations 
in the pulping process water used within the clean condensate 
alternative affected source.
    (c) Each owner or operator shall calculate HAP emissions on a 
kilogram per megagram of ODP basis and measure HAP emissions according 
to the appropriate procedures contained in Sec. 63.457.
    (d) Each owner or operator shall determine the baseline HAP 
emissions for each equipment system and the total of all equipment 
systems in the clean condensate alternative affected source based on the 
following:
    (1) Process and air pollution control equipment installed and 
operating on December 17, 1993, and
    (2) Compliance with the following requirements that affect the level 
of HAP emissions from the clean condensate alternative affected source:
    (i) The pulping process condensates requirements in Sec. 63.446;
    (ii) The applicable effluent limitation guidelines and standards in 
40 CFR part 430, subparts A, B, D, and E; and

[[Page 459]]

    (iii) All other applicable requirements of local, State, or Federal 
agencies or statutes.
    (e) Each owner or operator shall determine the following HAP 
emission reductions from the baseline HAP emissions determined in 
paragraph (d) of this section for each equipment system and the total of 
all equipment systems in the clean condensate alternative affected 
source:
    (1) The HAP emission reduction occurring by complying with the 
requirements of Sec. 63.443(a)(1)(ii) through (a)(1)(v); and
    (2) The HAP emissions reduction occurring by complying with the 
clean condensate alternative technology.
    (f) For the purposes of all requirements in this section, each owner 
or operator may use as an alternative, individual equipment systems 
(instead of total of all equipment systems) within the clean condensate 
alternative affected source to determine emissions and reductions to 
demonstrate equal or greater than the reductions that would have been 
achieved by compliance with Sec. 63.443(a)(1)(ii) through (a)(1)(v).
    (g) The initial and updates to the control strategy report specified 
in Sec. 63.455(b) shall include to the extent possible the following 
information:
    (1) A detailed description of:
    (i) The equipment systems and emission points that comprise the 
clean condensate alternative affected source;
    (ii) The air pollution control technologies that would be used to 
meet the requirements of Sec. 63.443(a)(1)(ii) through (a)(1)(v); and
    (iii) The clean condensate alternative technology to be used.
    (2) Estimates and basis for the estimates of total HAP emissions and 
emission reductions to fulfill the requirements of paragraphs (d), (e), 
and (f) of this section.
    (h) Each owner or operator shall report to the Administrator by the 
applicable compliance date specified in Sec. 63.440(d) or (e) the 
rationale, calculations, test procedures, and data documentation used to 
demonstrate compliance with all the requirements of this section.

[63 FR 18617, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 64 
FR 17563, Apr. 12, 1999]



Secs. 63.448-63.449  [Reserved]



Sec. 63.450  Standards for enclosures and closed-vent systems.

    (a) Each enclosure and closed-vent system specified in 
Secs. 63.443(c), 63.444(b), and 63.445(b) for capturing and transporting 
vent streams that contain HAP shall meet the requirements specified in 
paragraphs (b) through (d) of this section.
    (b) Each enclosure shall maintain negative pressure at each 
enclosure or hood opening as demonstrated by the procedures specified in 
Sec. 63.457(e). Each enclosure or hood opening closed during the initial 
performance test specified in Sec. 63.457(a) shall be maintained in the 
same closed and sealed position as during the performance test at all 
times except when necessary to use the opening for sampling, inspection, 
maintenance, or repairs.
    (c) Each component of the closed-vent system used to comply with 
Secs. 63.443(c), 63.444(b), and 63.445(b) that is operated at positive 
pressure and located prior to a control device shall be designed for and 
operated with no detectable leaks as indicated by an instrument reading 
of less than 500 parts per million by volume above background, as 
measured by the procedures specified in Sec. 63.457(d).
    (d) Each bypass line in the closed-vent system that could divert 
vent streams containing HAP to the atmosphere without meeting the 
emission limitations in Secs. 63.443, 63.444, or 63.445 shall comply 
with either of the following requirements:
    (1) On each bypass line, the owner or operator shall install, 
calibrate, maintain, and operate according to manufacturer's 
specifications a flow indicator that provides a record of the presence 
of gas stream flow in the bypass line at least once every 15 minutes. 
The flow indicator shall be installed in the bypass line in such a way 
as to indicate flow in the bypass line; or
    (2) For bypass line valves that are not computer controlled, the 
owner or operator shall maintain the bypass line valve in the closed 
position with a car seal or a seal placed on the valve or closure 
mechanism in such a way that

[[Page 460]]

valve or closure mechanism cannot be opened without breaking the seal.

[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999]



Secs. 63.451-63.452  [Reserved]



Sec. 63.453  Monitoring requirements.

    (a) Each owner or operator subject to the standards specified in 
Secs. 63.443(c) and (d), 63.444(b) and (c), 63.445(b) and (c), 
63.446(c), (d), and (e), 63.447(b) or Sec. 63.450(d), shall install, 
calibrate, certify, operate, and maintain according to the 
manufacturer's specifications, a continuous monitoring system (CMS, as 
defined in Sec. 63.2 of this part) as specified in paragraphs (b) 
through (m) of this section, except as allowed in paragraph (m) of this 
section. The CMS shall include a continuous recorder.
    (b) A CMS shall be operated to measure the temperature in the 
firebox or in the ductwork immediately downstream of the firebox and 
before any substantial heat exchange occurs for each thermal oxidizer 
used to comply with the requirements of Sec. 63.443(d)(1) through 
(d)(3). Owners and operators complying with the HAP concentration 
requirements in Sec. 63.443(d)(2) may install a CMS to monitor the 
thermal oxidizer outlet total HAP or methanol concentration, as an 
alternative to monitoring thermal oxidizer operating temperature.
    (c) A CMS shall be operated to measure the following parameters for 
each gas scrubber used to comply with the bleaching system requirements 
of Sec. 63.445(c) or the sulfite pulping system requirements of 
Sec. 63.444(c).
    (1) The pH or the oxidation/reduction potential of the gas scrubber 
effluent;
    (2) The gas scrubber vent gas inlet flow rate; and
    (3) The gas scrubber liquid influent flow rate.
    (d) As an option to the requirements specified in paragraph (c) of 
this section, a CMS shall be operated to measure the chlorine outlet 
concentration of each gas scrubber used to comply with the bleaching 
system outlet concentration requirement specified in Sec. 63.445(c)(2).
    (e) The owner or operator of a bleaching system complying with 40 
CFR 430.24, shall monitor the chlorine and hypochlorite application 
rates, in kg of bleaching agent per megagram of ODP, of the bleaching 
system during the extended compliance period specified in 
Sec. 63.440(d)(3).
    (f) A CMS shall be operated to measure the gas scrubber parameters 
specified in paragraphs (c)(1) through (c)(3) of this section or those 
site specific parameters determined according to the procedures 
specified in paragraph (n) of this section to comply with the sulfite 
pulping system requirements specified in Sec. 63.444(c).
    (g) A CMS shall be operated to measure the following parameters for 
each steam stripper used to comply with the treatment requirements in 
Sec. 63.446(e) (3), (4), or (5):
    (1) The process wastewater feed rate;
    (2) The steam feed rate; and
    (3) The process wastewater column feed temperature.
    (h) As an option to the requirements specified in paragraph (g) of 
this section, a CMS shall be operated to measure the methanol outlet 
concentration to comply with the steam stripper outlet concentration 
requirement specified in Sec. 63.446 (e)(4) or (e)(5).
    (i) A CMS shall be operated to measure the appropriate parameters 
determined according to the procedures specified in paragraph (n) of 
this section to comply with the condensate applicability requirements 
specified in Sec. 63.446(c).
    (j) Each owner or operator using a biological treatment system to 
comply with Sec. 63.446(e)(2) shall perform the following monitoring 
procedures.
    (1) On a daily basis, monitor the following parameters for each 
biological treatment unit:
    (i) Composite daily sample of outlet soluble BOD5 
concentration to monitor for maximum daily and maximum monthly average;
    (ii) Mixed liquor volatile suspended solids;
    (iii) Horsepower of aerator unit(s);
    (iv) Inlet liquid flow; and
    (v) Liquid temperature.
    (2) Obtain daily inlet and outlet liquid grab samples from each 
biological treatment unit to have HAP data available to perform 
quarterly percent reduction tests specified in paragraph

[[Page 461]]

(j)(2)(ii) of this section and the compliance percent reduction tests 
specified in paragraph (p)(1)(i) of this section. Perform the following 
procedures with the liquid samples:
    (i) Store the samples for 5 days as specified in Sec. 63.457(n). The 
5 day storage requirement is required since the soluble BOD5 
test requires 5 days to obtain results. If the results of the soluble 
BOD5 test are outside of the range established during the 
initial performance test, then the archive sample shall be used to 
perform the percent reduction test specified in Sec. 63.457(1).
    (ii) Perform the percent reduction test procedures specified in 
Sec. 63.457(l) within 45 days after the beginning of each quarter as 
follows.
    (A) The percent reduction test performed in the first quarter 
(annually) shall be performed for total HAP and the percent reduction 
obtained from the test shall be at least as great as the total HAP 
reduction specified in Sec. 63.446(e)(2).
    (B) The remaining quarterly percent reduction tests shall be 
performed for methanol and the percent reduction obtained from the test 
shall be at least as great as the methanol reduction determined in the 
previous first-quarter test specified in paragraph (j)(2)(ii)(A) of this 
section.
    (C) The parameter values used to calculate the percent reductions 
required in paragraphs (j)(2)(ii)(A) and (j)(2)(ii)(B) of this section 
shall be parameter values measured and samples taken in paragraph (j)(1) 
of this section.
    (k) Each enclosure and closed-vent system used to comply with 
Sec. 63.450(a) shall comply with the requirements specified in 
paragraphs (k)(1) through (k)(6) of this section.
    (1) For each enclosure opening, a visual inspection of the closure 
mechanism specified in Sec. 63.450(b) shall be performed at least once 
every 30 days to ensure the opening is maintained in the closed position 
and sealed.
    (2) Each closed-vent system required by Sec. 63.450(a) shall be 
visually inspected every 30 days and at other times as requested by the 
Administrator. The visual inspection shall include inspection of 
ductwork, piping, enclosures, and connections to covers for visible 
evidence of defects.
    (3) For positive pressure closed-vent systems or portions of closed-
vent systems, demonstrate no detectable leaks as specified in 
Sec. 63.450(c) measured initially and annually by the procedures in 
Sec. 63.457(d).
    (4) Demonstrate initially and annually that each enclosure opening 
is maintained at negative pressure as specified in Sec. 63.457(e).
    (5) The valve or closure mechanism specified in Sec. 63.450(d)(2) 
shall be inspected at least once every 30 days to ensure that the valve 
is maintained in the closed position and the emission point gas stream 
is not diverted through the bypass line.
    (6) If an inspection required by paragraphs (k)(1) through (k)(5) of 
this section identifies visible defects in ductwork, piping, enclosures 
or connections to covers required by Sec. 63.450, or if an instrument 
reading of 500 parts per million by volume or greater above background 
is measured, or if enclosure openings are not maintained at negative 
pressure, then the following corrective actions shall be taken as soon 
as practicable.
    (i) A first effort to repair or correct the closed-vent system shall 
be made as soon as practicable but no later than 5 calendar days after 
the problem is identified.
    (ii) The repair or corrective action shall be completed no later 
than 15 calendar days after the problem is identified. Delay of repair 
or corrective action is allowed if the repair or corrective action is 
technically infeasible without a process unit shutdown or if the owner 
or operator determines that the emissions resulting from immediate 
repair would be greater than the emissions likely to result from delay 
of repair. Repair of such equipment shall be completed by the end of the 
next process unit shutdown.
    (l) Each pulping process condensate closed collection system used to 
comply with Sec. 63.446(d) shall comply with the requirements specified 
in paragraphs (l)(1) through (l)(3) of this section.
    (1) Each pulping process condensate closed collection system shall 
be visually inspected every 30 days and shall

[[Page 462]]

comply with the inspection and monitoring requirements specified in 
Sec. 63.964 of subpart RR of this part, except:
    (i) Owners or operators shall comply with the recordkeeping 
requirements of Sec. 63.454 instead of the requirements specified in 
Sec. 63.964(a)(1)(vi) and (b)(3) of subpart RR of this part.
    (ii) Owners or operators shall comply with the inspection and 
monitoring requirements for closed-vent systems and control devices 
specified in paragraphs (a) and (k) of this section instead of the 
requirements specified in Sec. 63.964(a)(2) of subpart RR of this part.
    (2) Each condensate tank used in the closed collection system shall 
be operated with no detectable leaks as specified in 
Sec. 63.446(d)(2)(i) measured initially and annually by the procedures 
specified in Sec. 63.457(d).
    (3) If an inspection required by this section identifies visible 
defects in the closed collection system, or if an instrument reading of 
500 parts per million or greater above background is measured, then 
corrective actions specified in Sec. 63.964(b) of subpart RR of this 
part shall be taken.
    (m) Each owner or operator using a control device, technique or an 
alternative parameter other than those specified in paragraphs (b) 
through (l) of this section shall install a CMS and establish 
appropriate operating parameters to be monitored that demonstrate, to 
the Administrator's satisfaction, continuous compliance with the 
applicable control requirements.
    (n) To establish or reestablish, the value for each operating 
parameter required to be monitored under paragraphs (b) through (j), 
(l), and (m) of this section or to establish appropriate parameters for 
paragraphs (f), (i), and (m) of this section, each owner or operator 
shall use the following procedures:
    (1) During the initial performance test required in Sec. 63.457(a) 
or any subsequent performance test, continuously record the operating 
parameter;
    (2) Determinations shall be based on the control performance and 
parameter data monitored during the performance test, supplemented if 
necessary by engineering assessments and the manufacturer's 
recommendations;
    (3) The owner or operator shall provide for the Administrator's 
approval the rationale for selecting the monitoring parameters necessary 
to comply with paragraphs (f), (i), and (m) of this section; and
    (4) Provide for the Administrator's approval the rationale for the 
selected operating parameter value, and monitoring frequency, and 
averaging time. Include all 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 applicable 
emission standard.
    (o) 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 or maximum (as appropriate) 
operating parameter value or procedure required to be monitored under 
paragraphs (a) through (n) of this section and established under this 
subpart. Except as provided in paragraph (p) of this section, 
Sec. 63.443(e), or Sec. 63.446(g), operation of the control device below 
minimum operating parameter values or above maximum operating parameter 
values established under this subpart or failure to perform procedures 
required by this subpart shall constitute a violation of the applicable 
emission standard of this subpart and be reported as a period of excess 
emissions.
    (p) Each owner or operator of a biological treatment system 
complying with paragraph (j) of this section shall perform all the 
following requirements when the monitoring parameters specified in 
paragraphs (j)(1)(i) through (j)(1)(iii) of this section are below 
minimum operating parameter values or above maximum operating parameter 
values established in paragraph (n) of this section.
    (1) The following shall occur and be recorded as soon as practical:
    (i) Determine compliance with Sec. 63.446(e)(2) using the percent 
reduction test procedures specified in Sec. 63.457(l) and the monitoring 
data specified in paragraph (j)(1) of this section that coincide with 
the time period of the parameter excursion;
    (ii) Steps shall be taken to repair or adjust the operation of the 
process to end the parameter excursion period; and

[[Page 463]]

    (iii) Steps shall be taken to minimize total HAP emissions to the 
atmosphere during the parameter excursion period.
    (2) A parameter excursion is not a violation of the applicable 
emission standard if the percent reduction test specified in paragraph 
(p)(1)(i) of this section demonstrates compliance with 
Sec. 63.446(e)(2), and no maintenance or changes have been made to the 
process or control device after the beginning of a parameter excursion 
that would influence the results of the determination.

[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999]



Sec. 63.454  Recordkeeping requirements.

    (a) The owner or operator of each affected source subject to the 
requirements of this subpart shall comply with the recordkeeping 
requirements of Sec. 63.10 of subpart A of this part, as shown in table 
1, and the requirements specified in paragraphs (b) through (d) of this 
section for the monitoring parameters specified in Sec. 63.453.
    (b) For each applicable enclosure opening, closed-vent system, and 
closed collection system, the owner or operator shall prepare and 
maintain a site-specific inspection plan including a drawing or 
schematic of the components of applicable affected equipment and shall 
record the following information for each inspection:
    (1) Date of inspection;
    (2) The equipment type and identification;
    (3) Results of negative pressure tests for enclosures;
    (4) Results of leak detection tests;
    (5) The nature of the defect or leak and the method of detection 
(i.e., visual inspection or instrument detection);
    (6) The date the defect or leak was detected and the date of each 
attempt to repair the defect or leak;
    (7) Repair methods applied in each attempt to repair the defect or 
leak;
    (8) The reason for the delay if the defect or leak is not repaired 
within 15 days after discovery;
    (9) The expected date of successful repair of the defect or leak if 
the repair is not completed within 15 days;
    (10) The date of successful repair of the defect or leak;
    (11) The position and duration of opening of bypass line valves and 
the condition of any valve seals; and
    (12) The duration of the use of bypass valves on computer controlled 
valves.
    (c) The owner or operator of a bleaching system complying with 
Sec. 63.440(d)(3)(ii)(B) shall record the daily average chlorine and 
hypochlorite application rates, in kg of bleaching agent per megagram of 
ODP, of the bleaching system until the requirements specified in 
Sec. 63.440(d)(3)(ii)(A) are met.
    (d) The owner or operator shall record the CMS parameters specified 
in Sec. 63.453 and meet the requirements specified in paragraph (a) of 
this section for any new affected process equipment or pulping process 
condensate stream that becomes subject to the standards in this subpart 
due to a process change or modification.



Sec. 63.455  Reporting requirements.

    (a) Each owner or operator of a source subject to this subpart shall 
comply with the reporting requirements of subpart A of this part as 
specified in table 1 and all the following requirements in this section. 
The initial notification report specified under Sec. 63.9(b)(2) of 
subpart A of this part shall be submitted by April 15, 1999.
    (b) Each owner or operator of a kraft pulping system specified in 
Sec. 63.440(d)(1) or a bleaching system specified in 
Sec. 63.440(d)(3)(ii) shall submit, with the initial notification report 
specified under Sec. 63.9(b)(2) of subpart A of this part and paragraph 
(a) of this section and update every two years thereafter, a non-binding 
control strategy report containing, at a minimum, the information 
specified in paragraphs (b)(1) through (b)(3) of this section in 
addition to the information required in Sec. 63.9(b)(2) of subpart A of 
this part.
    (1) A description of the emission controls or process modifications 
selected for compliance with the control requirements in this standard.
    (2) A compliance schedule, including the dates by which each step 
toward compliance will be reached for each emission point or sets of 
emission points. At a minimum, the list of dates shall include:

[[Page 464]]

    (i) The date by which the major study(s) for determining the 
compliance strategy will be completed;
    (ii) The date by which contracts for emission controls or process 
modifications will be awarded, or the date by which orders will be 
issued for the purchase of major components to accomplish emission 
controls or process changes;
    (iii) The date by which on-site construction, installation of 
emission control equipment, or a process change is to be initiated;
    (iv) The date by which on-site construction, installation of 
emissions control equipment, or a process change is to be completed;
    (v) The date by which final compliance is to be achieved;
    (vi) For compliance with paragraph Sec. 63.440(d)(3)(ii), the 
tentative dates by which compliance with effluent limitation guidelines 
and standards intermediate pollutant load effluent reductions and as 
available, all the dates for the best available technology's milestones 
reported in the National Pollutant Discharge Elimination System 
authorized under section 402 of the Clean Water Act and for the best 
professional milestones in the Voluntary Advanced Technology Incentives 
Program under 40 CFR 430.24 (b)(2); and
    (vii) The date by which the final compliance tests will be 
performed.
    (3) Until compliance is achieved, revisions or updates shall be made 
to the control strategy report required by paragraph (b) of this section 
indicating the progress made towards completing the installation of the 
emission controls or process modifications during the 2-year period.
    (c) The owner or operator of each bleaching system complying with 
Sec. 63.440(d)(3)(ii)(B) shall certify in the report specified under 
Sec. 63.10(e)(3) of subpart A of this part that the daily application 
rates of chlorine and hypochlorite for that bleaching system have not 
increased as specified in Sec. 63.440(d)(3)(ii)(B) until the 
requirements of Sec. 63.440(d)(3)(ii)(A) are met.
    (d) The owner or operator shall meet the requirements specified in 
paragraph (a) of this section upon startup of any new affected process 
equipment or pulping process condensate stream that becomes subject to 
the standards of this subpart due to a process change or modification.



Sec. 63.456  [Reserved]



Sec. 63.457  Test methods and procedures.

    (a) Initial performance test. An initial performance test is 
required for all emission sources subject to the limitations in 
Secs. 63.443, 63.444, 63.445, 63.446, and 63.447, except those 
controlled by a combustion device that is designed and operated as 
specified in Sec. 63.443(d)(3) or (d)(4).
    (b) Vent sampling port locations and gas stream properties. For 
purposes of selecting vent sampling port locations and determining vent 
gas stream properties, required in Secs. 63.443, 63.444, 63.445, and 
63.447, each owner or operator shall comply with the applicable 
procedures in paragraphs (b)(1) through (b)(6) of this section.
    (1) Method 1 or 1A of part 60, appendix A, as appropriate, shall be 
used for selection of the sampling site as follows:
    (i) To sample for vent gas concentrations and volumetric flow rates, 
the sampling site shall be located prior to dilution of the vent gas 
stream and prior to release to the atmosphere;
    (ii) For determining compliance with percent reduction requirements, 
sampling sites shall be located prior to the inlet of the control device 
and at the outlet of the control device; measurements shall be performed 
simultaneously at the two sampling sites; and
    (iii) For determining compliance with concentration limits or mass 
emission rate limits, the sampling site shall be located at the outlet 
of the control device.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter (4.0 inches) in diameter.
    (3) The vent gas volumetric flow rate shall be determined using 
Method 2, 2A, 2C, or 2D of part 60, appendix A, as appropriate.
    (4) The moisture content of the vent gas shall be measured using 
Method 4 of part 60, appendix A.
    (5) To determine vent gas concentrations, the owner or operator 
shall conduct a minimum of three test runs that

[[Page 465]]

are representative of normal conditions and average the resulting 
pollutant concentrations using the following procedures.
    (i) Method 308 in Appendix A of this part shall be used to determine 
the methanol concentration.
    (ii) Except for the modifications specified in paragraphs 
(b)(5)(ii)(A) through (b)(5)(ii)(K) of this section, Method 26A of part 
60, appendix A shall be used to determine chlorine concentration in the 
vent stream.
    (A) Probe/Sampling Line. A separate probe is not required. The 
sampling line shall be an appropriate length of 0.64 cm (0.25 in) OD 
Teflon tubing. The sample inlet end of the sampling line 
shall be inserted into the stack in such a way as to not entrain liquid 
condensation from the vent gases. The other end shall be connected to 
the impingers. The length of the tubing may vary from one sampling site 
to another, but shall be as short as possible in each situation. If 
sampling is conducted in sunlight, opaque tubing shall be used. 
Alternatively, if transparent tubing is used, it shall be covered with 
opaque tape.
    (B) Impinger Train. Three 30 milliliter (ml) capacity midget 
impingers shall be connected in series to the sampling line. The 
impingers shall have regular tapered stems. Silica gel shall be placed 
in the third impinger as a desiccant. All impinger train connectors 
shall be glass and/or Teflon.
    (C) Critical orifice. The critical orifice shall have a flow rate of 
200 to 250 ml/min and shall be followed by a vacuum pump capable of 
providing a vacuum of 640 millimeters of mercury (mm Hg). A 45 
millimeter diameter in-line Teflon 0.8 micrometer filter shall follow 
the impingers to protect the critical orifice and vacuum pump.
    (D) The following are necessary for the analysis apparatus:
    (1) Wash bottle filled with deionized water;
    (2) 25 or 50 ml graduated burette and stand;
    (3) Magnetic stirring apparatus and stir bar;
    (4) Calibrated pH Meter;
    (5) 150-250 ml beaker or flask; and
    (6) A 5 ml pipette.
    (E) The procedures listed in paragraphs (b)(5)(ii)(E)(1) through 
(b)(5)(ii)(E)(7) of this section shall be used to prepare the reagents.
    (1) To prepare the 1 molarity (M) potassium dihydrogen phosphate 
solution, dissolve 13.61 grams (g) of potassium dihydrogen phosphate in 
water and dilute to 100 ml.
    (2) To prepare the 1 M sodium hydroxide solution (NaOH), dissolve 
4.0 g of sodium hydroxide in water and dilute to 100 ml.
    (3) To prepare the buffered 2 percent potassium iodide solution, 
dissolve 20 g of potassium iodide in 900 ml water. Add 50 ml of the 1 M 
potassium dihydrogen phosphate solution and 30 ml of the 1 M sodium 
hydroxide solution. While stirring solution, measure the pH of solution 
electrometrically and add the 1 M sodium hydroxide solution to bring pH 
to between 6.95 and 7.05.
    (4) To prepare the 0.1 normality (N) sodium thiosulfate solution, 
dissolve 25 g of sodium thiosulfate, pentahydrate, in 800 ml of freshly 
boiled and cooled distilled water in a 1-liter volumetric flask. Dilute 
to volume. To prepare the 0.01 N sodium thiosulfate solution, add 10.0 
ml standardized 0.1 N sodium thiosulfate solution to a 100 ml volumetric 
flask, and dilute to volume with water.
    (5) To standardize the 0.1 N sodium thiosulfate solution, dissolve 
3.249 g of anhydrous potassium bi-iodate, primary standard quality, or 
3.567 g potassium iodate dried at 103 =/-2 degrees Centigrade for 1 
hour, in distilled water and dilute to 1000 ml to yield a 0.1000 N 
solution. Store in a glass-stoppered bottle. To 80 ml distilled water, 
add, with constant stirring, 1 ml concentrated sulfuric acid, 10.00 ml 
0.1000 N anhydrous potassium bi-iodate, and 1 g potassium iodide. 
Titrate immediately with 0.1 n sodium thiosulfate titrant until the 
yellow color of the liberated iodine is almost discharged. Add 1 ml 
starch indicator solution and continue titrating until the blue color 
disappears. The normality of the sodium thiosulfate solution is 
inversely proportional to the ml of sodium thiosulfate solution 
consumed:


[[Page 466]]


[GRAPHIC] [TIFF OMITTED] TR15AP98.000

    (6) To prepare the starch indicator solution, add a small amount of 
cold water to 5 g starch and grind in a mortar to obtain a thin paste. 
Pour paste into 1 L of boiling distilled water, stir, and let settle 
overnight. Use clear supernate for starch indicator solution.
    (7) To prepare the 10 percent sulfuric acid solution, add 10 ml of 
concentrated sulfuric acid to 80 ml water in a 100 ml volumetric flask. 
Dilute to volume.
    (F) The procedures specified in paragraphs (b)(5)(ii)(F)(1) through 
(b)(5)(ii)(F)(5) of this section shall be used to perform the sampling.
    (1) Preparation of Collection Train. Measure 20 ml buffered 
potassium iodide solution into each of the first two impingers and 
connect probe, impingers, filter, critical orifice, and pump. The 
sampling line and the impingers shall be shielded from sunlight.
    (2) Leak and Flow Check Procedure. Plug sampling line inlet tip and 
turn on pump. If a flow of bubbles is visible in either of the liquid 
impingers, tighten fittings and adjust connections and impingers. A 
leakage rate not in excess of 2 percent of the sampling rate is 
acceptable. Carefully remove the plug from the end of the probe. Check 
the flow rate at the probe inlet with a bubble tube flow meter. The flow 
should be comparable or slightly less than the flow rate of the critical 
orifice with the impingers off-line. Record the flow and turn off the 
pump.
    (3) Sample Collection. Insert the sampling line into the stack and 
secure it with the tip slightly lower than the port height. Start the 
pump, recording the time. End the sampling after 60 minutes, or after 
yellow color is observed in the second in-line impinger. Record time and 
remove the tubing from the vent. Recheck flow rate at sampling line 
inlet and turn off pump. If the flow rate has changed significantly, 
redo sampling with fresh capture solution. A slight variation (less than 
5 percent) in flow may be averaged. With the inlet end of the line 
elevated above the impingers, add about 5 ml water into the inlet tip to 
rinse the line into the first impinger.
    (4) Sample Analysis. Fill the burette with 0.01 N sodium thiosulfate 
solution to the zero mark. Combine the contents of the impingers in the 
beaker or flask. Stir the solution and titrate with thiosulfate until 
the solution is colorless. Record the volume of the first endpoint (TN, 
ml). Add 5 ml of the 10 percent sulfuric acid solution, and continue the 
titration until the contents of the flask are again colorless. Record 
the total volume of titrant required to go through the first and to the 
second endpoint (TA, ml). If the volume of neutral titer is less than 
0.5 ml, repeat the testing for a longer period of time. It is important 
that sufficient lighting be present to clearly see the endpoints, which 
are determined when the solution turns from pale yellow to colorless. A 
lighted stirring plate and a white background are useful for this 
purpose.
    (5) Interferences. Known interfering agents of this method are 
sulfur dioxide and hydrogen peroxide. Sulfur dioxide, which is used to 
reduce oxidant residuals in some bleaching systems, reduces formed 
iodine to iodide in the capture solution. It is therefore a negative 
interference for chlorine, and in some cases could result in erroneous 
negative chlorine concentrations. Any agent capable of reducing iodine 
to iodide could interfere in this manner. A chromium trioxide 
impregnated filter will capture sulfur dioxide and pass chlorine and 
chlorine dioxide. Hydrogen peroxide, which is commonly used as a 
bleaching agent in modern bleaching systems, reacts with iodide to form 
iodine and thus can cause a positive interference in the chlorine 
measurement. Due to the chemistry involved, the precision of the 
chlorine analysis will decrease as the ratio of chlorine dioxide to 
chlorine increases. Slightly negative calculated concentrations of 
chlorine may occur when sampling a vent gas with high concentrations of

[[Page 467]]

chlorine dioxide and very low concentrations of chlorine.
    (G) The following calculation shall be performed to determine the 
corrected sampling flow rate:

[GRAPHIC] [TIFF OMITTED] TR15AP98.001

Where:

SC=Corrected (dry standard) sampling flow rate, liters per 
          minute;
SU=Uncorrected sampling flow rate, L/min;
BP=Barometric pressure at time of sampling;
PW=Saturated partial pressure of water vapor, mm Hg at temperature; and
t=Ambient temperature,  deg.C.

    (H) The following calculation shall be performed to determine the 
moles of chlorine in the sample:

[GRAPHIC] [TIFF OMITTED] TR15AP98.002

Where:

TN=Volume neutral titer, ml;
TA=Volume acid titer (total), ml; and
NThio=Normality of sodium thiosulfate titrant.

    (I) The following calculation shall be performed to determine the 
concentration of chlorine in the sample:

[GRAPHIC] [TIFF OMITTED] TR15AP98.003

Where:

SC=Corrected (dry standard) sampling flow rate, liters per 
          minute;
tS=Time sampled, minutes;
TN=Volume neutral titer, ml;
TA=Volume acid titer (total), ml; and
NThio=Normality of sodium thiosulfate titrant.

    (J) The following calculation shall be performed to determine the 
moles of chlorine dioxide in the sample:

[GRAPHIC] [TIFF OMITTED] TR15AP98.004

Where:

TA=Volume acid titer (total), ml;
TN=Volume neutral titer, ml; and
NThio=Normality of sodium thiosulfate titrant.

    (K) The following calculation shall be performed to determine the 
concentration of chlorine dioxide in the sample:

[GRAPHIC] [TIFF OMITTED] TR15AP98.005

Where:

SC=Corrected (dry standard) sampling flow rate, liters per 
          minute;
tS=Time sampled, minutes;
TA=Volume acid titer (total), ml;
TN=Volume neutral titer, ml; and
NThio=Normality of sodium thiosulfate titrant.

    (iii) Any other method that measures the total HAP or methanol 
concentration that has been demonstrated to the Administrator's 
satisfaction.
    (6) The minimum sampling time for each of the three test runs 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 test run.
    (c) Liquid sampling locations and properties. For purposes of 
selecting liquid sampling locations and for determining properties of 
liquid streams such as wastewaters, process waters, and condensates 
required in Secs. 63.444, 63.446, and 63.447, the owner or operator 
shall comply with the following procedures:
    (1) Samples shall be collected using the sampling procedures 
specified in Method 305 of part 60, appendix A;
    (i) Where feasible, samples shall be taken from an enclosed pipe 
prior to the liquid stream being exposed to the atmosphere; and
    (ii) When sampling from an enclosed pipe is not feasible, samples 
shall be collected in a manner to minimize exposure of the sample to the 
atmosphere and loss of HAP compounds prior to sampling.
    (2) The volumetric flow rate of the entering and exiting liquid 
streams shall be determined using the inlet and outlet flow meters or 
other methods demonstrated to the Administrator's satisfaction. The 
volumetric flow rate measurements to determine actual mass removal shall 
be taken at the same time as the concentration measurements.
    (3) The owner or operator shall conduct a minimum of three test runs 
that

[[Page 468]]

are representative of normal conditions and average the resulting 
pollutant concentrations. The minimum sampling time for each test run 
shall be 1 hour and the grab or composite samples shall be taken at 
approximately equally spaced intervals over the 1-hour test run period. 
The owner or operator shall use one of the following procedures to 
determine total HAP or methanol concentration:
    (i) Method 305 in Appendix A of this part, adjusted using the 
following equation:

[GRAPHIC] [TIFF OMITTED] TR15AP98.006

Where:

C=Pollutant concentration for the liquid stream, parts per million by 
          weight.
Ci=Measured concentration of pollutant i in the liquid stream 
          sample determined using Method 305, parts per million by 
          weight.
fmi=Pollutant-specific constant that adjusts concentration 
          measured by Method 305 to actual liquid concentration; the fm 
          for methanol is 0.85. Additional pollutant fm values can be 
          found in table 34, subpart G of this part.
n=Number of individual pollutants, i, summed to calculate total HAP.

    (ii) For determining methanol concentrations, NCASI Method DI/MEOH-
94.02, Methanol in Process Liquids by GC/FID, August 1998, Methods 
Manual, NCASI, Research Triangle Park, NC. This test method is 
incorporated by reference in Sec. 63.14(f) of subpart A of this part.
    (iii) Any other method that measures total HAP concentration that 
has been demonstrated to the Administrator's satisfaction.
    (4) To determine soluble BOD5 in the effluent stream from 
a biological treatment unit used to comply with Secs. 63.446(e)(2) and 
63.453(j), the owner or operator shall use Method 405.1, of part 136, 
with the following modifications:
    (i) Filter the sample through the filter paper, into an Erlenmeyer 
flask by applying a vacuum to the flask sidearm. Minimize the time for 
which vacuum is applied to prevent stripping of volatile organics from 
the sample. Replace filter paper as often as needed in order to maintain 
filter times of less than approximately 30 seconds per filter paper. No 
rinsing of sample container or filter bowl into the Erlenmeyer flask is 
allowed.
    (ii) Perform Method 405.1 on the filtrate obtained in paragraph 
(c)(4) of this section. Dilution water shall be seeded with 1 milliliter 
of final effluent per liter of dilution water. Dilution ratios may 
require adjustment to reflect the lower oxygen demand of the filtered 
sample in comparison to the total BOD5. Three BOD bottles and 
different dilutions shall be used for each sample.
    (d) Detectable leak procedures. To measure detectable leaks for 
closed-vent systems as specified in Sec. 63.450 or for pulping process 
wastewater collection systems as specified in Sec. 63.446(d)(2)(i), the 
owner or operator shall comply with the following:
    (1) Method 21, of part 60, appendix A; and
    (2) The instrument specified in Method 21 shall be calibrated before 
use according to the procedures specified in Method 21 on each day that 
leak checks are performed. The following calibration gases shall be 
used:
    (i) Zero air (less than 10 parts per million by volume of 
hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 parts per million by volume methane 
or n-hexane.
    (e) Negative pressure procedures. To demonstrate negative pressure 
at process equipment enclosure openings as specified in Sec. 63.450(b), 
the owner or operator shall use one of the following procedures:
    (1) An anemometer to demonstrate flow into the enclosure opening;
    (2) Measure the static pressure across the opening;
    (3) Smoke tubes to demonstrate flow into the enclosure opening; or
    (4) Any other industrial ventilation test method demonstrated to the 
Administrator's satisfaction.
    (f) HAP concentration measurements. For purposes of complying with 
the requirements in Secs. 63.443, 63.444, and 63.447, the owner or 
operator shall measure the total HAP concentration as one of the 
following:

[[Page 469]]

    (1) As the sum of all individual HAPs; or
    (2) As methanol.
    (g) Condensate HAP concentration measurement. For purposes of 
complying with the kraft pulping condensate requirements in Sec. 63.446, 
the owner or operator shall measure the total HAP concentration as 
methanol except for the purposes of complying with the initial 
performance test specified in Sec. 63.457(a) for Sec. 63.446(e)(2) and 
as specified in Sec. 63.453(j)(2)(ii).
    (h) Bleaching HAP concentration measurement. For purposes of 
complying with the bleaching system requirements in Sec. 63.445, the 
owner or operator shall measure the total HAP concentration as the sum 
of all individual chlorinated HAPs or as chlorine.
    (i) Vent gas stream calculations. To demonstrate compliance with the 
mass emission rate, mass emission rate per megagram of ODP, and percent 
reduction requirements for vent gas streams specified in Secs. 63.443, 
63.444, 63.445, and 63.447, the owner or operator shall use the 
following:
    (1) The total HAP mass emission rate shall be calculated using the 
following equation:

[GRAPHIC] [TIFF OMITTED] TR15AP98.007

Where:

E=Mass emission rate of total HAP from the sampled vent, kilograms per 
          hour.
K2=Constant, 2.494 x 10-6 (parts per million by 
          volume)-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 pollutant j in parts per 
          million by volume as measured by the test methods specified in 
          paragraph (b) of this section.
Mj=Molecular weight of pollutant j, gram/gram-mole.
Qs=Vent gas stream flow rate (dry standard cubic meter per 
          minute) at a temperature of 20  deg.C as indicated in 
          paragraph (b) of this section.
n=Number of individual pollutants, i, summed to calculate total HAP.

    (2) The total HAP mass emission rate per megagram of ODP shall be 
calculated using the following equation:

[GRAPHIC] [TIFF OMITTED] TR15AP98.008

Where:

F=Mass emission rate of total HAP from the sampled vent, in kilograms 
          per megagram of ODP.
E=Mass emission rate of total HAP from the sampled vent, in kilograms 
          per hour determined as specified in paragraph (i)(1) of this 
          section.
P=The production rate of pulp during the sampling period, in megagrams 
          of ODP per hour.

    (3) The total HAP percent reduction shall be calculated using the 
following equation:

[GRAPHIC] [TIFF OMITTED] TR15AP98.009

Where:

R=Efficiency of control device, percent.
Ei=Inlet mass emission rate of total HAP from the sampled vent, in 
          kilograms of pollutant per hour, determined as specified in 
          paragraph (i)(1) of this section.
Eo=Outlet mass emission rate of total HAP from the sampled 
          vent, in kilograms of pollutant per hour, determined as 
          specified in paragraph (i)(1) of this section.

    (j) Liquid stream calculations. To demonstrate compliance with the 
mass flow rate, mass per megagram of ODP, and percent reduction 
requirements for liquid streams specified in Sec. 63.446, the owner or 
operator shall use the following:
    (1) The mass flow rates of total HAP or methanol entering and 
exiting the treatment process shall be calculated using the following 
equations:

[GRAPHIC] [TIFF OMITTED] TR15AP98.010

Where:

Eb=Mass flow rate of total HAP or methanol in the liquid 
          stream entering the treatment process, kilograms per hour.
Ea=Mass flow rate of total HAP or methanol in the liquid 
          exiting the treatment process, kilograms per hour.
K=Density of the liquid stream, kilograms per cubic meter.

[[Page 470]]

Vbi=Volumetric flow rate of liquid stream entering the 
          treatment process during each run i, cubic meters per hour, 
          determined as specified in paragraph (c) of this section.
Vai=Volumetric flow rate of liquid stream exiting the 
          treatment process during each run i, cubic meters per hour, 
          determined as specified in paragraph (c) of this section.
Cbi=Concentration of total HAP or methanol in the stream 
          entering the treatment process during each run i, parts per 
          million by weight, determined as specified in paragraph (c) of 
          this section.
Cai=Concentration of total HAP or methanol in the stream 
          exiting the treatment process during each run i, parts per 
          million by weight, determined as specified in paragraph (c) of 
          this section.
n=Number of runs.

    (2) The mass of total HAP or methanol per megagram ODP shall be 
calculated using the following equation:

[GRAPHIC] [TIFF OMITTED] TR15AP98.011

Where:

F=Mass loading of total HAP or methanol in the sample, in kilograms per 
          megagram of ODP.
Ea=Mass flow rate of total HAP or methanol in the wastewater 
          stream in kilograms per hour as determined using the 
          procedures in paragraph (j)(1) of this section.
P=The production rate of pulp during the sampling period in megagrams of 
          ODP per hour.

    (3) The percent reduction of total HAP across the applicable 
treatment process shall be calculated using the following equation:

[GRAPHIC] [TIFF OMITTED] TR15AP98.012

Where:

R=Control efficiency of the treatment process, percent.
Eb=Mass flow rate of total HAP in the stream entering the 
          treatment process, kilograms per hour, as determined in 
          paragraph (j)(1) of this section.
Ea=Mass flow rate of total HAP in the stream exiting the 
          treatment process, kilograms per hour, as determined in 
          paragraph (j)(1) of this section.

    (4) Compounds that meet the requirements specified in paragraphs 
(j)(4)(i) or (4)(ii) of this section are not required to be included in 
the mass flow rate, mass per megagram of ODP, or the mass percent 
reduction determinations.
    (i) Compounds with concentrations at the point of determination that 
are below 1 part per million by weight; or
    (ii) 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.
    (k) Oxygen concentration correction procedures. To demonstrate 
compliance with the total HAP concentration limit of 20 ppmv in 
Sec. 63.443(d)(2), the concentration measured using the methods 
specified in paragraph (b)(5) of this section shall be corrected to 10 
percent oxygen using the following procedures:
    (1) The emission rate correction factor and excess air integrated 
sampling and analysis procedures of Methods 3A or 3B of part 60, 
appendix A shall be used to determine the oxygen concentration. The 
samples shall be taken at the same time that the HAP samples are taken.
    (2) The concentration corrected to 10 percent oxygen shall be 
computed using the following equation:

[GRAPHIC] [TIFF OMITTED] TR15AP98.013

Where:

Cc=Concentration of total HAP corrected to 10 percent oxygen, 
          dry basis, parts per million by volume.
Cm=Concentration of total HAP dry basis, parts per million by 
          volume, as specified in paragraph (b) of this section.
%02d=Concentration of oxygen, dry basis, percent by volume.

    (l) Biological treatment system percent reduction calculation. To 
determine compliance with an open biological treatment system option 
specified in Sec. 63.446(e)(2) and the monitoring requirements specified 
in Sec. 63.453(j)(2), the percent reduction due to destruction in the 
biological treatment system shall be calculated using the following 
equation:

R=fbio x 100

Where:

R=Destruction of total HAP or methanol in the biological treatment 
          process, percent.

[[Page 471]]

fbio=The fraction of total HAP or methanol removed in the 
          biological treatment system. The site-specific biorate 
          constants shall be determined using the procedures specified 
          and as limited in appendix C of part 63.

    (m) Condensate segregation procedures. The following procedures 
shall be used to demonstrate compliance with the condensate segregation 
requirements specified in Sec. 63.446(c).
    (1) To demonstrate compliance with the percent mass requirements 
specified in Sec. 63.446(c)(1), the procedures specified in paragraphs 
(m)(1)(i) through (m)(1)(iii) of this section shall be performed.
    (i) Determine the total HAP mass of all condensates from each 
equipment system listed in Sec. 63.446 (b)(1) through (b)(3) using the 
procedures specified in paragraphs (c) and (j) of this section.
    (ii) Multiply the total HAP mass determined in paragraph (m)(1)(i) 
of this section by 0.65 to determine the target HAP mass for the high-
HAP fraction condensate stream or streams.
    (iii) Compliance with the segregation requirements specified in 
Sec. 63.446(c)(1) is demonstrated if the condensate stream or streams 
from each equipment system listed in Sec. 63.446 (b)(1) through (b)(3) 
being treated as specified in Sec. 63.446(e) contain at least as much 
total HAP mass as the target total HAP mass determined in paragraph 
(m)(1)(ii) of this section.
    (2) To demonstrate compliance with the percent mass requirements 
specified in Sec. 63.446(c)(2), the procedures specified in paragraphs 
(m)(2)(i) through (m)(2)(ii) of this section shall be performed.
    (i) Determine the total HAP mass contained in the high-HAP fraction 
condensates from each equipment system listed in Sec. 63.446(b)(1) 
through (b)(3) and the total condensates streams from the equipment 
systems listed in Sec. 63.446(b)(4) and (b)(5), using the procedures 
specified in paragraphs (c) and (j) of this section.
    (ii) Compliance with the segregation requirements specified in 
Sec. 63.446(c)(2) is demonstrated if the total HAP mass determined in 
paragraph (m)(2)(i) of this section is equal to or greater than the 
appropriate mass requirements specified in Sec. 63.446(c)(2).
    (n) Biological treatment system monitoring sampling storage. The 
inlet and outlet grab samples required to be collected in 
Sec. 63.453(j)(2) shall be stored at 4  deg.C (40  deg.F) to minimize 
the biodegradation of the organic compounds in the samples.

[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17564, Apr. 12, 1999]



Sec. 63.458  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) 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:
    (1) Section 63.6(g)--Use of an alternative nonopacity emission 
standard;
    (2) Section 63.453(m)--Use of an alternative monitoring parameter;
    (3) Section 63.457(b)(5)(iii)--Use of an alternative test method for 
total HAP or methanol in vents; and
    (4) Section 63.457(c)(3)(ii)--Use of an alternative test method for 
total HAP or methanol in wastewater.



Sec. 63.459  [Reserved]

  Table 1 to Subpart S--General Provisions Applicability to Subpart S a
------------------------------------------------------------------------
                              Applies to Subpart
          Reference                    S                  Comment
------------------------------------------------------------------------
63.1(a)(1)-(3)..............  Yes...............
63.1(a)(4)..................  Yes...............  Subpart S (this table)
                                                   specifies
                                                   applicability of each
                                                   paragraph in subpart
                                                   A to subpart S.
63.1(a)(5)..................  No................  Section reserved.
63.1(a)(6)-(8)..............  Yes...............
63.1(a)(9)..................  No................  Section reserved.
63.1(a)(10).................  No................  Subpart S and other
                                                   cross-referenced
                                                   subparts specify
                                                   calendar or operating
                                                   day.
63.1(a)(11)-(14)............  Yes...............
63.1(b)(1)..................  No................  Subpart S specifies
                                                   its own
                                                   applicability.
63.1(b)(2)-(3)..............  Yes...............

[[Page 472]]

 
63.1(c)(1)-(2)..............  Yes...............
63.1(c)(3)..................  No................  Section reserved.
63.1(c)(4)-(5)..............  Yes...............
63.1(d).....................  No................  Section reserved.
63.1(e).....................  Yes...............
63.2........................  Yes...............
63.3........................  Yes...............
63.4(a)(1)..................  Yes...............
63.4(a)(3)..................
63.4(a)(4)..................  No................  Section 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................  Section reserved.
63.5(b)(3)..................  Yes...............
63.5(b)(4)-(6)..............  Yes...............
63.5(c).....................  No................  Section reserved.
63.5(d).....................  Yes...............
63.5(e).....................  Yes...............
63.5(f).....................  Yes...............
63.6(a).....................  Yes...............
63.6(b).....................  No................  Subpart S specifies
                                                   compliance dates for
                                                   sources subject to
                                                   subpart S.
63.6(c).....................  No................  Subpart S specifies
                                                   compliance dates for
                                                   sources subject to
                                                   subpart S.
63.6(d).....................  No................  Section reserved.
63.6(e).....................  Yes...............
63.6(f).....................  Yes...............
63.6(g).....................  Yes...............
63.6(h).....................  No................  Pertains to continuous
                                                   opacity monitors that
                                                   are not part of this
                                                   standard.
63.6(i).....................  Yes...............
63.6(j).....................  Yes...............
63.7........................  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)..................  No................  Subpart S specifies
                                                   locations to conduct
                                                   monitoring.
63.8(b)(3)..................  Yes...............
63.8(c)(1)..................  Yes...............
63.8(c)(2)..................  Yes...............
63.8(c)(3)..................  Yes...............
63.8(c)(4)..................  No................  Subpart S allows site
                                                   specific
                                                   determination of
                                                   monitoring frequency
                                                   in Sec.
                                                   63.453(n)(4).
63.8(c)(5)..................  No................  Pertains to continuous
                                                   opacity monitors that
                                                   are not part of this
                                                   standard.
63.8(c)(6)..................  Yes...............
63.8(c)(7)..................  Yes...............
63.8(c)(8)..................  Yes...............
63.8(d).....................  Yes...............
63.8(e).....................  Yes...............
63.8(f)(1)-(5)..............  Yes...............
63.8(f)(6)..................  No................  Subpart S does not
                                                   specify relative
                                                   accuracy test for
                                                   CEMs.
63.8(g).....................  Yes...............
63.9(a).....................  Yes...............
63.9(b).....................  Yes...............  Initial notifications
                                                   must be submitted
                                                   within one year after
                                                   the source becomes
                                                   subject to the
                                                   relevant standard.
63.9(c).....................  Yes...............
63.9(d).....................  No................  Special compliance
                                                   requirements are only
                                                   applicable to kraft
                                                   mills.
63.9(e).....................  Yes...............
63.9(f).....................  No................  Pertains to continuous
                                                   opacity monitors that
                                                   are not part of this
                                                   standard.
63.9(g)(1)..................  Yes...............
63.9(g)(2)..................  No................  Pertains to continuous
                                                   opacity monitors that
                                                   are not part of this
                                                   standard.
63.9(g)(3)..................  No................  Subpart S does not
                                                   specify relative
                                                   accuracy tests,
                                                   therefore no
                                                   notification is
                                                   required for an
                                                   alternative.
63.9(h).....................  Yes...............
63.9(i).....................  Yes...............
63.9(j).....................  Yes...............
63.10(a)....................  Yes...............
63.10(b)....................  Yes...............
63.10(c)....................  Yes...............

[[Page 473]]

 
63.10(d)(1).................  Yes...............
63.10(d)(2).................  Yes...............
63.10(d)(3).................  No................  Pertains to continuous
                                                   opacity monitors that
                                                   are not part of this
                                                   standard.
63.10(d)(4).................  Yes...............
63.10(d)(5).................  Yes...............
63.10(e)(1).................  Yes...............
63.10(e)(2)(i)..............  Yes...............
63.10(e)(2)(ii).............  No................  Pertains to continuous
                                                   opacity monitors that
                                                   are not part of this
                                                   standard.
63.10(e)(3).................  Yes...............
63.10(e)(4).................  No................  Pertains to continuous
                                                   opacity monitors that
                                                   are not part of this
                                                   standard.
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.


[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17564, Apr. 12, 1999]



 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) Except as provided in paragraph (g) of this section, 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 start-up 
or by December 2, 1994, whichever is later.
    (d) Except as provided in paragraph (g) of this section, each 
solvent cleaning machine subject to this subpart that commenced 
construction or reconstruction on or before November 29, 1993 shall 
achieve compliance with the provisions of this subpart no later than 
December 2, 1997.
    (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.
    (g) Each continuous web cleaning machine subject to this subpart 
shall achieve compliance with the provisions of this subpart no later 
than December 2, 1999.

[59 FR 61805, Dec. 2, 1994; 59 FR 67750, Dec. 30, 1994, as amended at 60 
FR 29485, June 5, 1995; 63 FR 68400, Dec. 11, 1998]



Sec. 63.461  Definitions.

    Unless defined below, all terms used in this subpart are used as 
defined in

[[Page 474]]

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.
    Air knife system means a device that directs forced air at high 
pressure, high volume, or a combination of high pressure and high 
volume, through a small opening directly at the surface of a continuous 
web part. The purpose of this system is to remove the solvent film from 
the surfaces of the continuous web part.
    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.
    Combined squeegee and air-knife system means a system consisting of 
a combination of a squeegee system and an air-knife system within a 
single enclosure.
    Consumption means the amount of halogenated hazardous air pollutant 
solvent added to the solvent cleaning machine.
    Continuous web cleaning machine means a solvent cleaning machine in 
which parts such as film, coils, wire, and metal strips are cleaned at 
speeds typically in excess of 11 feet per minute. Parts are generally 
uncoiled, cleaned such that the same part is simultaneously entering and 
exiting the solvent application area of the solvent cleaning machine, 
and then recoiled or cut. For the purposes of this subpart, all 
continuous web cleaning machines are considered to be a subset of in-
line solvent cleaning machines.
    Cover means a lid, top, or portal cover that shields the solvent 
cleaning machine openings from air disturbances when in place and is 
designed to be easily opened and closed without disturbing the vapor 
zone. Air disturbances include, but are not limited to, lip exhausts, 
ventilation fans, and general room drafts. Types of covers include, but 
are not limited to, sliding, biparting, and rolltop covers.
    Cross-rod solvent cleaning machine means a batch solvent cleaning 
machine in which parts baskets are suspended from ``cross-rods'' as they 
are moved through the machine. In a cross-rod cleaning machine, parts 
are loaded semi-continuously, and enter and exit the machine from a 
single portal.
    Downtime mode means the time period when a solvent cleaning machine 
is not cleaning parts and the sump heating coils, if present, are turned 
off.

[[Page 475]]

    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.
    In-line cleaning machine or continuous cleaning machine means a 
solvent cleaning machine that uses an automated

[[Page 476]]

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 parts cleaned in a continuous web cleaning machine (i.e., 
continuous sheets of metal, film).
    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.
    Remote reservoir continuous web cleaning machine means a continuous 
web cleaning machine in which there is no exposed solvent sump. In these 
units, the solvent is pumped from an enclosed chamber and is typically 
applied to the continuous web part through a nozzle or series of 
nozzles. The solvent then drains from the part and is collected and 
recycled through the machine, allowing no solvent to pool in the work or 
cleaning 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.

[[Page 477]]

    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.
    Squeegee system means a system that uses a series of pliable 
surfaces to remove the solvent film from the surfaces of the continuous 
web part. These pliable surfaces, called squeegees, are typically made 
of rubber or plastic media, and need to be periodically replaced to 
ensure continued proper function.
    Sump means the part of a solvent cleaning machine where the liquid 
solvent is located.
    Sump heater coils means the heating system on a cleaning machine 
that uses steam, electricity, or hot water to heat or boil the liquid 
solvent.
    Superheated part technology means a system that is part of the 
continuous web process that heats the continuous web part either 
directly or indirectly to a temperature above the boiling point of the 
cleaning solvent. This could include a process step, such as a tooling 
die that heats the part as it is processed, as long as the part remains 
superheated through the cleaning machine.
    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, as amended at 63 
FR 24751, May 5, 1998; 64 FR 67798, Dec. 3, 1999]



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 paragraph (a)(2) or (b) of this section shall comply with 
the work and operational practice requirements specified in paragraphs 
(c)(1) through (c)(9) of this section as applicable.
    (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.

[[Page 478]]

    (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) Except as provided in paragraph (c)(9) of this section, sponges, 
fabric, wood, and paper products shall not be cleaned.
    (9) The prohibition in paragraph (c)(8) of this section does not 
apply to the cleaning of porous materials that are part of 
polychlorinated biphenyl (PCB) laden transformers if those transformers 
are handled throughout the cleaning process and disposed of in 
compliance with an approved PCB disposal permit issued in accordance 
with the Toxic Substances Control Act.
    (d) Each owner or operator of a batch cold cleaning machine shall 
submit an initial notification report as described in Sec. 63.468 (a) 
and (b) and a compliance report as described in Sec. 63.468(c).

[59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 64 
FR 67799, Dec. 3, 1999]



Sec. 63.463  Batch vapor and in-line cleaning machine standards.

    (a) Except as provided in Sec. 63.464 for all cleaning machines, 
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 (7) of this section. The owner or operator of a 
continuous web cleaning machine shall comply with the requirements of 
paragraph (g) or (h) of this section, as appropriate, in lieu of 
complying with this paragraph.
    (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

[[Page 479]]

(13 square feet) or less shall comply with the requirements specified in 
either paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (i) Employ one of the control combinations listed in table 1 of this 
subpart or other equivalent methods of control as determined using the 
procedure in Sec. 63.469, equivalent methods of control.

 Table 1--Control Combinations for Batch Vapor Solvent Cleaning Machines
With a Solvent/Air Interface Area of 1.21 Square Meters (13 Square Feet)
                                 or Less
------------------------------------------------------------------------
            Option                        Control combinations
------------------------------------------------------------------------
 1............................  Working-mode cover, freeboard ratio of
                                 1.0, superheated vapor.
 2............................  Freeboard refrigeration device,
                                 superheated vapor.
 3............................  Working-mode cover, freeboard
                                 refrigeration device.
 4............................  Reduced room draft, freeboard ratio of
                                 1.0, superheated vapor.
 5............................  Freeboard refrigeration device, reduced
                                 room draft.
 6............................  Freeboard refrigeration device,
                                 freeboard ratio of 1.0.
 7............................  Freeboard refrigeration device, dwell.
 8............................  Reduced room draft, dwell, freeboard
                                 ratio of 1.0.
 9............................  Freeboard refrigeration device, carbon
                                 adsorber.
 10...........................  Freeboard ratio of 1.0, superheated
                                 vapor, carbon adsorber.
------------------------------------------------------------------------
Note: Unlike most of the control techniques available for complying with
  this rule, carbon adsorbers are not considered to be a pollution
  prevention measure. Use of such units may impose additional cost and
  burden for a number of reasons. First, carbon adsorption units are
  generally more expensive than other controls listed in the options.
  Second, these units may present cross-media impacts such as effluent
  discharges if not properly operated and maintained, and spent carbon
  beds have to be disposed of as hazardous waste. When making decisions
  about what controls to install on halogenated solvent cleaning
  machines to meet the requirements of this rule, all of these factors
  should be weighed and pollution prevention measures are encouraged
  wherever possible.

    (ii) Demonstrate that their solvent cleaning machine can achieve and 
maintain an idling emission limit of 0.22 kilograms per hour per square 
meter (0.045 pounds per hour per square foot) of solvent/air interface 
area as determined using the procedures in Sec. 63.465(a) and appendix A 
to this part.
    (2) Each owner or operator of a batch vapor cleaning machine with a 
solvent/air interface area greater than 1.21 square meters (13 square 
feet) shall comply with the requirements specified in either paragraph 
(b)(2)(i) or (b)(2)(ii) of this section.
    (i) Employ one of the control combinations listed in table 2 of this 
subpart or other equivalent methods of control as determined using the 
procedure in Sec. 63.469, equivalent methods of control.

 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 for all cleaning machines, 
each owner or operator of an in-line cleaning machine shall comply with 
paragraph (c)(1) or (2) of this section as appropriate. The owner or 
operator of a continuous web cleaning machine shall comply with the 
requirements of paragraph (g) or (h) of this section, as appropriate, in 
lieu of complying with this paragraph.
    (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

[[Page 480]]

control as determined using the procedure in Sec. 63.469, equivalent 
methods of control.

   Table 3--Control Combinations for Existing In-Line Solvent Cleaning
                                Machines
------------------------------------------------------------------------
            Option                        Control combinations
------------------------------------------------------------------------
1.............................  Superheated vapor, freeboard ratio of
                                 1.0.
2.............................  Freeboard refrigeration device,
                                 freeboard ratio of 1.0.
3.............................  Dwell, freeboard refrigeration device.
4.............................  Dwell, carbon adsorber.
------------------------------------------------------------------------
Note: Unlike most of the control techniques available for complying with
  this rule, carbon adsorbers are not considered to be a pollution
  prevention measure. Use of such units may impose additional cost and
  burden for a number of reasons. First, carbon adsorption units are
  generally more expensive than other controls listed in the options.
  Second, these units may present cross-media impacts such as effluent
  discharges if not properly operated and maintained, and spent carbon
  beds have to be disposed of as hazardous waste. When making decisions
  about what controls to install on halogenated solvent cleaning
  machines to meet the requirements of this rule, all of these factors
  should be weighed and pollution prevention measures are encouraged
  wherever possible.

    (ii) Demonstrate that their solvent cleaning machine can achieve and 
maintain an idling emission limit of 0.10 kilograms per hour per square 
meter (0.021 pounds per hour per square foot) of solvent/air interface 
area as determined using the procedures in Sec. 63.465(a) and appendix A 
to this part.
    (2) Each owner or operator of a new in-line cleaning machine shall 
comply with the requirements specified in either paragraph (c)(2)(i) or 
(c)(2)(ii) of this section.
    (i) Employ one of the control combinations listed in table 4 of this 
subpart or other equivalent methods of control as determined using the 
procedure in Sec. 63.469, equivalent methods of control section.

 Table 4--Control Combinations for New In-Line Solvent Cleaning Machines
------------------------------------------------------------------------
            Option                        Control combinations
------------------------------------------------------------------------
1.............................  Superheated vapor, freeboard
                                 refrigeration device.
2.............................  Freeboard refrigeration device, carbon
                                 adsorber.
3.............................  Superheated vapor, carbon adsorber.
------------------------------------------------------------------------
Note: Unlike most of the control techniques available for complying with
  this rule, carbon adsorbers are not considered to be a pollution
  prevention measure. Use of such units may impose additional cost and
  burden for a number of reasons. First, carbon adsorption units are
  generally more expensive than other controls listed in the options.
  Second, these units may present cross-media impacts such as effluent
  discharges if not properly operated and maintained, and spent carbon
  beds have to be disposed of as hazardous waste. When making decisions
  about what controls to install on halogenated solvent cleaning
  machines to meet the requirements of this rule, all of these factors
  should be weighed and pollution prevention measures are encouraged
  wherever possible.

    (ii) Demonstrate that their solvent cleaning machine can achieve and 
maintain an idling emission limit of 0.10 kilograms per hour per square 
meter (0.021 pounds per hour per square 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 for all cleaning machines, 
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 paragraphs (d)(1) through (12) of 
this section as applicable. The owner or operator of a continuous web 
cleaning machine shall comply with the requirements of paragraph (g) or 
(h) of this section, as appropriate, in lieu of complying with this 
paragraph.
    (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.

[[Page 481]]

    (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 paragraph (b), (c), or (g) of this section shall comply with the 
requirements specified in paragraphs (e)(1) through (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 (xi) 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.

[[Page 482]]

    (A) Determine the appropriate dwell time for each type of part or 
parts basket, or determine the maximum dwell time using the most complex 
part type or parts basket, as described in Sec. 63.465(d).
    (B) Ensure that, after cleaning, each part is held in the solvent 
cleaning machine freeboard area above the vapor zone for the dwell time 
determined for that particular part or parts basket, or for the maximum 
dwell time determined using the most complex part type or parts basket.
    (vi) If a superheated vapor system is used to comply with these 
standards, the owner or operator shall comply with the requirements 
specified in paragraphs (e)(2)(vi)(A) through (e)(2)(vi)(C) of this 
section.
    (A) Ensure that the temperature of the solvent vapor at the center 
of the superheated vapor zone is at least 10  deg.F above the solvent's 
boiling point.
    (B) Ensure that the manufacturer's specifications for determining 
the minimum proper dwell time within the superheated vapor system is 
followed.
    (C) Ensure that parts remain within the superheated vapor for at 
least the minimum proper dwell time.
    (vii) If a carbon adsorber in conjunction with a lip exhaust is used 
to comply with these standards, the owner or operator shall comply with 
the requirements specified in paragraphs (e)(2)(vii)(A) through 
(e)(2)(vii)(C) of this section.
    (A) Ensure that the concentration of organic solvent in the exhaust 
from this device does not exceed 100 parts per million of any 
halogenated HAP compound as measured using the procedure in 
Sec. 63.466(e). If the halogenated HAP solvent concentration in the 
carbon adsorber exhaust exceeds 100 parts per million, the owner or 
operator shall adjust the desorption schedule or replace the disposable 
canister, if not a regenerative system, so that the exhaust 
concentration of halogenated HAP solvent is brought below 100 parts per 
million.
    (B) Ensure that the carbon adsorber bed is not bypassed during 
desorption.
    (C) Ensure that the lip exhaust is located above the solvent 
cleaning machine cover so that the cover closes below the lip exhaust 
level.
    (viii) If a superheated part system is used to comply with the 
standards for continuous web cleaning machines in paragraph (g) of this 
section, the owner or operator shall ensure that the temperature of the 
continuous web part is at least 10 degrees Fahrenheit above the solvent 
boiling point while the part is traveling through the cleaning machine.
    (ix) If a squeegee system is used to comply with the continuous web 
cleaning requirements of paragraph (g)(3)(iii) of this section, the 
owner or operator shall comply with the following requirements.
    (A) Determine the appropriate maximum product throughput for the 
squeegees used in the squeegee system, as described in Sec. 63.465(f).
    (B) Conduct the weekly monitoring required by Sec. 63.466(a)(3). 
Record both the results of the visual inspection and the length of 
continuous web product cleaned during the previous week.
    (C) Calculate the total amount of continuous web product processed 
since the squeegees were replaced and compare to the maximum product 
throughput for the squeegees.
    (D) Ensure squeegees are replaced at or before the maximum product 
throughput is attained.
    (E) Redetermine the maximum product throughput for the squeegees if 
any solvent film is visible on the continuous web part immediately after 
it exits the cleaning machine.
    (x) If an air knife system is used to comply with the continuous web 
cleaning requirements of paragraph (g)(3)(iii) of this section, the 
owner or operator shall comply with the following requirements.
    (A) Determine the air knife parameter and parameter value that 
demonstrate to the Administrator's satisfaction that the air knife is 
properly operating. An air knife is properly operating if no visible 
solvent film remains on the continuous web part after it exits the 
cleaning machine.
    (B) Maintain the selected air knife parameter value at the level 
determined in paragraph (a) of this section.
    (C) Conduct the weekly monitoring required by Sec. 63.466(a)(3).
    (D) Redetermine the proper air knife parameter value if any solvent 
film is

[[Page 483]]

visible on the continuous web part immediately after it exits the 
cleaning machine.
    (xi) If a combination squeegee and air knife system is used to 
comply with the continuous web cleaning requirements of paragraph 
(g)(3)(iii) of this section, the owner or operator shall comply with the 
following requirements.
    (A) Determine the system parameter and value that demonstrate to the 
Administrator's satisfaction that the system is properly operating.
    (B) Maintain the selected parameter value at the level determined in 
paragraph (a) of this section.
    (C) Conduct the weekly monitoring required by Sec. 63.466(a)(3).
    (D) Redetermine the proper parameter value if any solvent film is 
visible on the continuous web part immediately after it exits the 
cleaning machine.
    (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).
    (g) Except as provided in Sec. 63.464 and in paragraph (h) of this 
section for remote reservoir continuous web cleaning machines, each 
owner or operator of a continuous web cleaning machine shall comply with 
paragraphs (g)(1)

[[Page 484]]

through (4) of this section for each continuous web cleaning machine.
    (1) Except as provided in paragraph (g)(2) of this section, install, 
maintain, and operate one of the following control combinations on each 
continuous web cleaning machine.
    (i) For each existing continuous web cleaning machine, the following 
control combinations are allowed:
    (A) Superheated vapor or superheated part technology, and a 
freeboard ratio of 1.0 or greater.
    (B) Freeboard refrigeration device and a freeboard ratio of 1.0 or 
greater.
    (C) Carbon adsorption system meeting the requirements of paragraph 
(e)(2)(vii) of this section.
    (ii) For each new continuous web cleaning machine, the following 
control combinations are allowed:
    (A) Superheated vapor or superheated part technology, and a 
freeboard refrigeration device.
    (B) A freeboard refrigeration device and a carbon adsorber meeting 
the requirements of paragraph (e)(2)(vii) of this section.
    (C) Superheated vapor or superheated part technology, and a carbon 
adsorber meeting the requirements of paragraph (e)(2)(vii) of this 
section.
    (2) If a carbon adsorber system can be demonstrated to the 
Administrator's satisfaction to have an overall solvent control 
efficiency (i.e., capture efficiency removal efficiency) of 70 percent 
or greater, this system is equivalent to the options in paragraph (g) of 
this section.
    (3) In lieu of complying with the provisions of paragraph (a) of 
this section, the owner or operator of a continuous web cleaning machine 
shall comply with the following provisions:
    (i) Each cleaning machine shall meet one of the following control 
equipment or technique requirements:
    (A) An idling and downtime mode cover, as described in paragraph 
(d)(1)(i) of this section, 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. A continuous web part that 
completely occupies an entry or exit port when the machine is idle is 
considered to meet this requirement.
    (B) A reduced room draft as described in paragraph (e)(2)(ii) of 
this section.
    (C) Gasketed or leakproof doors that separate both the continuous 
web part feed reel and take-up reel from the room atmosphere if the 
doors are checked according to the requirements of paragraph (e)(2)(iii) 
of this section.
    (D) A cleaning machine that is demonstrated to the Administrator's 
satisfaction to be under negative pressure during idling and downtime 
and is vented to a carbon adsorption system that meets the requirements 
of either paragraph (e)(2)(vii) of this section or paragraph (g)(2) of 
this section.
    (ii) Each continuous web cleaning machine shall have a freeboard 
ratio of 0.75 or greater unless that cleaning machine is a remote 
reservoir continuous web cleaning machine.
    (iii) 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, unless the cleaning machine is a 
continuous web cleaning machine that has a squeegee system or air knife 
system installed, maintained, and operated on the continuous web 
cleaning machine meeting the requirements of paragraph (e) of this 
section.
    (iv) 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.
    (v) 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.
    (vi) Each vapor cleaning machine shall have a primary condenser.
    (vii) Each cleaning machine that uses an 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)(ii) of this section.
    (4) In lieu of complying with the provisions of paragraph (d) of 
this section, the owner or operator of a continuous

[[Page 485]]

web cleaning machine shall comply with the following provisions:
    (i) Control air disturbances across the cleaning machine opening(s) 
by incorporating one of the following control equipment or techniques:
    (A) 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) in place. A continuous web 
part that completely occupies an entry or exit port when the machine is 
idle is considered to meet this requirement.
    (B) A reduced room draft as described in paragraph (e)(2)(ii) of 
this section.
    (C) Gasketed or leakproof doors or covers that separate both the 
continuous web part feed reel and take-up reel from the room atmosphere 
if the doors are checked according to the requirements of paragraph 
(e)(2)(iii) of this section.
    (D) A cleaning machine that is demonstrated to the Administrator's 
satisfaction to be under negative pressure during idling and downtime 
and is vented to a carbon adsorption system that meets either the 
requirements of paragraph (e)(2)(vii) of this section or paragraph 
(g)(2) of this section.
    (ii) Any spraying operations shall be conducted in 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) or 
within a machine having a door or cover that meets the requirements of 
paragraph (g)(4)(i)(C) of this section.
    (iii) During startup of each vapor cleaning machine, the primary 
condenser shall be turned on before the sump heater.
    (iv) 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.
    (v) 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.
    (vi) 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.
    (vii) Waste solvent, still bottoms, sump bottoms, and waste 
absorbent materials used in the cleaning process for continuous web 
cleaning machines shall be collected and stored in waste containers. The 
closed containers may contain a device that would allow pressure relief, 
but would not allow liquid solvent to drain from the container.
    (viii) Except as provided in paragraph (g)(4)(ix) of this section, 
sponges, fabric, wood, and paper products shall not be cleaned.
    (ix) The prohibition in paragraph (g)(4)(viii) of this section does 
not apply to absorbent materials that are used as part of the cleaning 
process of continuous web cleaning machines, including rollers and 
roller covers.
    (h) Except as provided in Sec. 63.464, each owner or operator of a 
remote reservoir continuous web cleaning machine shall comply with 
paragraphs (h)(1) through (4) of this section.
    (1) Except as provided in paragraph (h)(2) of this section, install, 
maintain, and operate one of the following controls on each new remote 
reservoir continuous web cleaning machine.
    (i) Superheated vapor or superheated part technology.
    (ii) A carbon adsorber meeting the requirements of paragraph 
(e)(2)(vii) of this section.
    (iii) If a carbon adsorber system can be demonstrated to the 
Administrator's satisfaction to have an overall solvent control 
efficiency (i.e., capture efficiency removal efficiency) of 70 percent 
or greater, this system is equivalent to the options in paragraphs 
(h)(1)(i) and (h)(1)(ii) of this section.
    (2) In lieu of complying with the provisions of paragraph (a) of 
this section, the owner or operator of a remote reservoir continuous web 
cleaning machine shall comply with the following provisions:
    (i) Each cleaning machine shall have an automated parts handling 
system

[[Page 486]]

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, unless the cleaning machine is a 
continuous web cleaning machine that has a squeegee system or air knife 
system installed, maintained, and operated on the continuous web 
cleaning machine meeting the requirements of paragraph (e) of this 
section.
    (ii) 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.
    (iii) 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.
    (iv) Each vapor cleaning machine shall have a primary condenser.
    (v) Each cleaning machine that uses an 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 
either paragraph (e)(2)(vii) of this section or paragraph (g)(2) of this 
section.
    (3) In lieu of complying with the provisions of paragraph (d) of 
this section, the owner or operator of a remote reservoir continuous web 
cleaning machine shall comply with the following provisions:
    (i) Any spraying operations shall be conducted in 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) or 
within a machine having a door or cover that meets the requirements of 
paragraph (g)(4)(i)(C) of this section.
    (ii) During startup of each vapor cleaning machine, the primary 
condenser shall be turned on before the sump heater.
    (iii) 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.
    (iv) 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.
    (v) 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.
    (vi) Waste solvent, still bottoms, sump bottoms, and waste absorbent 
materials used in the cleaning process for continuous web cleaning 
machines shall be collected and stored in waste containers. The closed 
containers may contain a device that would allow pressure relief, but 
would not allow liquid solvent to drain from the container.
    (vii) Except as provided in paragraph (h)(3)(viii) of this section, 
sponges, fabric, wood, and paper products shall not be cleaned.
    (viii) The prohibition in paragraph (h)(3)(vii) of this section does 
not apply to absorbent materials that are used as part of the cleaning 
process of continuous web cleaning machines, including rollers and 
roller covers.

[59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 64 
FR 67799, Dec. 3, 1999]



Sec. 63.464  Alternative standards.

    (a) As an alternative to meeting the requirements in Sec. 63.463, 
each owner or operator of a batch vapor or in-line solvent cleaning 
machine can elect to comply with the requirements of Sec. 63.464. An 
owner or operator of a solvent cleaning machine who elects to comply 
with Sec. 63.464 shall comply with the requirements specified in either 
paragraph (a)(1) or (a)(2) of this section.
    (1) If the cleaning machine has a solvent/air interface, as defined 
in Sec. 63.461, the owner or operator shall comply with the requirements 
specified in paragraphs (a)(1)(i) and (a)(1)(ii) of this section.
    (i) Maintain a log of solvent additions and deletions for each 
solvent cleaning machine.
    (ii) Ensure that the emissions from each solvent cleaning machine 
are

[[Page 487]]

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 488]]


    (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).
    (d) As an alternative to meeting the requirements in Sec. 63.463, 
each owner or operator of a continuous web cleaning machine can 
demonstrate an overall cleaning system control efficiency of 70 percent 
using the procedures in Sec. 63.465(g).

[59 FR 61805, Dec. 2, 1994, as amended at 64 FR 67801, Dec. 3, 1999]



Sec. 63.465  Test methods.

    (a) Except as provided in paragraphs (f) and (g) of this section for 
continuous web cleaning machines, 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 of 
this part.
    (b) Except as provided in paragraphs (f) and (g) of this section for 
continuous web cleaning machines, 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 paragraph (c) of this section. The solvent cleaning machine does not 
have to be emptied and filled with fresh unused solvent prior to the 
calculations.
    (c) Except as provided in paragraphs (f) and (g) of this section for 
continuous web cleaning machines, 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 (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).


[[Page 489]]


    (2) Determine SSRi using the method specified in 
paragraph (c)(2)(i) or (c)(2)(ii) of this section.
    (i) From tests conducted using EPA reference method 25d.
    (ii) By engineering calculations included in the compliance report.
    (3) Determine the monthly rolling average, EA, for the 3-month 
period ending with the most recent reporting period using equation 4 for 
cleaning machines with a solvent/air interface or equation 5 for 
cleaning machines without a solvent/air interface:
[GRAPHIC] [TIFF OMITTED] TR02DE94.002

      
    [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.


[[Page 490]]


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.
    (f) Each owner or operator of a continuous web cleaning machine 
using a squeegee system to comply with Sec. 63.463(g)(3) shall determine 
the maximum product throughput using the method in this paragraph. The 
maximum product throughput for each squeegee type used at a facility 
must be determined prior to December 2, 1999, the compliance date for 
these units.
    (1) Conduct daily visual inspections of the continuous web part. 
This monitoring shall be conducted at the point where the continuous web 
part exits the squeegee system. It is not necessary for the squeegees to 
be new at the time monitoring is begun if the following two conditions 
are met:
    (i) The continuous web part leaving the squeegee system has no 
visible solvent film.
    (ii) The amount of continuous web that has been processed through 
the squeegees since the last replacement is known.
    (2) Continue daily monitoring until a visible solvent film is noted 
on the continuous web part.
    (3) Determine the length of continuous web product that has been 
cleaned using the squeegee since it was installed.
    (4) The maximum product throughput for the purposes of this rule is 
equal to the time it takes to clean 95 percent of the length of product 
determined in paragraph (f)(3) of this section. This time period, in 
days, may vary depending on the amount of continuous web product cleaned 
each day.
    (g) Each owner or operator of a continuous web cleaning machine 
demonstrating compliance with the alternative standard of Sec. 63.464(d) 
shall, on the first day of every month, ensure that the solvent cleaning 
machine 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 with the 
machine must be returned to the same fill-line each month, immediately 
prior to calculating overall cleaning system control efficiency 
emissions as specified in paragraph (h) in this section. The solvent 
cleaning machine does not need to be emptied and filled with fresh 
unused solvent prior to the calculation.
    (h) Each owner or operator of a continuous web cleaning machines 
complying with Sec. 63.464(d) shall, on the first operating day of the 
month, comply with the following requirements.
    (1) Using the records of all solvent additions, solvent deletions, 
and solvent recovered for the previous monthly reporting period required 
under Sec. 63.467(e), determine overall cleaning system control 
efficiency (Eo) using Equation 8 as follows:
[GRAPHIC] [TIFF OMITTED] TR03DE99.024

Where:

Eo = overall cleaning system control efficiency
Ri = the total amount of halogenated HAP liquid solvent 
          recycled to 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).
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).


[59 FR 61805, Dec. 2, 1994, as amended at 64 FR 67801, Dec. 3, 1999]



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), (c)(2)(i), (g)(1), or (g)(2) shall conduct 
monitoring and

[[Page 491]]

record the results on a weekly basis for the control devices, as 
appropriate, specified in paragraphs (a)(1) through (5) 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.
    (3) If a squeegee system, air knife system, or combination squeegee 
and air knife system is used to comply with the requirements of 
Sec. 63.463(g) or (h), the owner or operator shall visually inspect the 
continuous web part exiting the solvent cleaning machine to ensure that 
no solvent film is visible on the part.
    (4) Except as provided in paragraph (a)(5) of this section, if a 
superheated part system is used to comply with the requirements of 
Sec. 63.463(g) or (h), the owner or operator shall use a thermometer, 
thermocouple, or other temperature measurement device to measure the 
temperature of the continuous web part while it is in the solvent 
cleaning machine. This measurement can also be taken at the exit of the 
solvent cleaning machine.
    (5) As an alternative to complying with paragraph (a)(4) of this 
section, the owner or operator can provide data, sufficient to satisfy 
the Administrator, that demonstrate that the part temperature remains 
above the boiling point of the solvent at all times that the part is 
within the continuous web solvent cleaning machine. This data could 
include design and operating conditions such as information supporting 
any exothermic reaction inherent in the processing.
    (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),

[[Page 492]]

(b)(2)(i), (c)(1)(i), or (c)(2)(i) using a reduced room draft shall 
conduct monitoring and record the results as specified in 
paragraph(d)(1) or (d)(2) of this section.
    (1) If the reduced room draft is maintained by controlling room 
parameters (i.e., redirecting fans, closing doors and windows, etc.), 
the owner or operator shall conduct an initial monitoring test of the 
windspeed and of room parameters, quarterly monitoring of windspeed, and 
weekly monitoring of room parameters as specified in paragraphs 
(d)(1)(i) and (d)(1)(ii) of this section.
    (i) Measure the windspeed within 6 inches above the top of the 
freeboard area of the solvent cleaning machine using the procedure 
specified in paragraphs (d)(1)(i)(A) through (d)(1)(i)(D) of this 
section.
    (A) Determine the direction of the wind current by slowly rotating a 
velometer or similar device until the maximum speed is located.
    (B) Orient a velometer in the direction of the wind current at each 
of the four corners of the machine.
    (C) Record the reading for each corner.
    (D) Average the values obtained at each corner and record the 
average wind speed.
    (ii) Monitor on a weekly basis the room parameters established 
during 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.

[59 FR 61805, Dec. 2, 1994, as amended at 64 FR 67802, Dec. 3, 1999]

[[Page 493]]



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 (7) of this section for the lifetime of the machine.
    (1) Owner's manuals, or if not available, written maintenance and 
operating procedures, for the solvent cleaning machine and control 
equipment.
    (2) The date of installation for the solvent cleaning machine and 
all of its control devices. If the exact date for installation is not 
known, a letter certifying that the cleaning machine and its control 
devices were installed prior to, or on, November 29, 1993, or after 
November 29, 1993, may be substituted.
    (3) If a dwell is used to comply with these standards, records of 
the tests required in Sec. 63.465(d) to determine an appropriate dwell 
time for each part or parts basket.
    (4) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the idling emission limit standards of 
Sec. 63.463(b)(1)(ii), (b)(2)(ii), (c)(1)(ii), or (c)(2)(ii) shall 
maintain records of the initial performance test, including the idling 
emission rate and values of the monitoring parameters measured during 
the test.
    (5) Records of the halogenated HAP solvent content for each solvent 
used in a solvent cleaning machine subject to the provisions of this 
subpart.
    (6) If a squeegee system is used to comply with these standards, 
records of the test required by Sec. 63.466(f) to determine the maximum 
product throughput for the squeegees.
    (7) If an air knife system or a combination squeegee and air knife 
system is used to comply with these standards, records of the 
determination of the proper operating parameter and parameter value for 
the air knife system.
    (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) Except as provided in paragraph (e) of this section for 
continuous web cleaning machines, 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 (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.
    (e) Each owner or operator of a continuous web cleaning machine 
complying with the provisions of Sec. 63.464(d) shall maintain the 
following records in either 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.

[[Page 494]]

    (2) The dates and amounts of solvent that are recovered from the 
desorption of the carbon adsorber system.
    (3) The solvent composition of wastes removed from each cleaning 
machine as determined using the procedures in Sec. 63.465(c)(2).
    (4) Calculation sheets showing the calculation and results of 
determining the overall cleaning system control efficiency, as required 
by Sec. 63.465.

[59 FR 61805, Dec. 2, 1994, as amended at 64 FR 67802, Dec. 3, 1999]



Sec. 63.468  Reporting requirements.

    (a) Each owner or operator of an existing solvent cleaning machine 
subject to the provisions of this subpart shall submit an initial 
notification report to the Administrator no later than August 29, 1995. 
This report shall include the information specified in paragraphs (a)(1) 
through (a)(6) of this section.
    (1) The name and address of the owner or operator.
    (2) The address (i.e., physical location) of the solvent cleaning 
machine(s).
    (3) A brief description of each solvent cleaning machine including 
machine type (batch vapor, batch cold, vapor in-line or cold in-line), 
solvent/air interface area, and existing controls.
    (4) The date of installation for each solvent cleaning machine or a 
letter certifying that the solvent cleaning machine was installed prior 
to, or after, November 29, 1993.
    (5) The anticipated compliance approach for each solvent cleaning 
machine.
    (6) An estimate of annual halogenated HAP solvent consumption for 
each solvent cleaning machine.
    (b) Each owner or operator of a new solvent cleaning machine subject 
to the provisions of this subpart shall submit an initial notification 
report to the Administrator. New sources for which construction or 
reconstruction had commenced and initial startup had not occurred before 
December 2, 1994, shall submit this report as soon as practicable before 
startup but no later than January 31, 1995. New sources for which the 
construction or reconstruction commenced after December 2, 1994, shall 
submit this report as soon as practicable before the construction or 
reconstruction is planned to commence. This report shall include all of 
the information required in Sec. 63.5(d)(1) of subpart A (General 
Provisions), with the revisions and additions in paragraphs (b)(1) 
through (b)(3) of this section.
    (1) The report shall include a brief description of each solvent 
cleaning machine including machine type (batch vapor, batch cold, vapor 
in-line, or cold-line), solvent/air interface area, and existing 
controls.
    (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

[[Page 495]]

compliance date specified in Sec. 63.460(d). For new sources, this 
report shall be submitted to the Administrator no later than 150 days 
after startup or May 1, 1995, whichever is later. This statement shall 
include the requirements specified in paragraphs (d)(1) through (d)(6) 
of this section.
    (1) The name and address of the owner or operator.
    (2) The address (i.e., physical location) of the solvent cleaning 
machine(s).
    (3) A list of the control equipment used to achieve compliance for 
each solvent cleaning machine.
    (4) For each piece of control equipment required to be monitored, a 
list of the parameters that are monitored and the values of these 
parameters measured on or during the first month after the compliance 
date.
    (5) Conditions to maintain the wind speed requirements of 
Sec. 63.463(e)(2)(ii), if applicable.
    (6) Each owner or operator of a solvent cleaning machine complying 
with the idling emission limit standards of Sec. 63.463(b)(1)(ii), 
(b)(2)(ii), (c)(1)(ii), and (c)(2)(ii) shall submit a test report for 
tests of idling emissions meeting the specifications in Method 307 of 
appendix A to this subpart. This report shall comply with the 
requirements specified in paragraphs (d)(6)(i) through (d)(6)(iv) of 
this section.
    (i) This test must be on the same specific model cleaner used at the 
source. The test can be done by the owner or operator of the affected 
machine or can be supplied by the vendor of that solvent cleaning 
machine or a third party.
    (ii) This report must clearly state the monitoring parameters, 
monitoring frequency and the delineation of exceedances for each 
parameter.
    (iii) If a solvent cleaning machine vendor or third party test 
report is used to demonstrate compliance, it shall include the following 
for the solvent cleaning machine tested: Name of person(s) or company 
that performed the test, model name, the date the solvent cleaning 
machine was tested, serial number, and a diagram of the solvent cleaning 
machine tested.
    (iv) If a solvent cleaning machine vendor or third party test report 
is used, the owner or operator of the solvent cleaning machine shall 
comply with the requirements specified in either paragraphs 
(d)(6)(iv)(A) and (d)(6)(iv)(B) of this section.
    (A) Submit a statement by the solvent cleaning machine vendor that 
the unit tested is the same as the unit the report is being submitted 
for.
    (B) Demonstrate to the Administrator's satisfaction that the solvent 
emissions from the solvent cleaning machine for which the test report is 
being submitted are equal to or less 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

[[Page 496]]

made. This report shall include the requirements specified in paragraphs 
(f)(1) through (f)(3) of this section.
    (1) A signed statement from the facility owner or his designee 
stating that, ``All operators of solvent cleaning machines have received 
training on the proper operation of solvent cleaning machines and their 
control devices sufficient to pass the test required in 
Sec. 63.463(d)(10).''
    (2) An estimate of solvent consumption for each solvent cleaning 
machine during the reporting period.
    (3) The reports required under paragraphs (f) and (g) of this 
section can be combined into a single report for each facility.
    (g) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec. 63.464 shall 
submit a solvent emission report every year. This solvent emission 
report shall contain the requirements specified in paragraphs (g)(1) 
through (g)(4) of this section.
    (1) The size and type of each unit subject to this subpart (solvent/
air interface area or cleaning capacity).
    (2) The average monthly solvent consumption for the solvent cleaning 
machine in kilograms per month.
    (3) The 3-month monthly rolling average solvent emission estimates 
calculated each month using the method as described in Sec. 63.465(c).
    (4) The reports required under paragraphs (f) and (g) of this 
section can be combined into a single report for each facility.
    (h) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine shall submit an exceedance report to the Administrator 
semiannually except when, the Administrator determines on a case-by-case 
basis that more frequent reporting is necessary to accurately assess the 
compliance status of the source or, an exceedance occurs. Once an 
exceedance has occurred the owner or operator shall follow a quarterly 
reporting format until a request to reduce reporting frequency under 
paragraph (i) of this section is approved. Exceedance reports shall be 
delivered or postmarked by the 30th day following the end of each 
calendar half or quarter, as appropriate. The exceedance report shall 
include the applicable information in paragraphs (h) (1) through (3) of 
this section.
    (1) Information on the actions taken to comply with Sec. 63.463 (e) 
and (f). This information shall include records of written or verbal 
orders for replacement parts, a description of the repairs made, and 
additional monitoring conducted to demonstrate that monitored parameters 
have returned to accepted levels.
    (2) If an exceedance has occurred, the reason for the exceedance and 
a description of the actions taken.
    (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 section 502(a) of 
the Act, that if you are an owner or operator of any batch cold solvent 
cleaning machine that is not a major source and is not located at a 
major source, as defined under 40 CFR 63.2, 70.2, or 71.2, you are 
exempt from title V permitting requirements under 40 CFR parts 70 or 71, 
as applicable, for that source, provided you are not otherwise required 
to obtain a title V permit. If you own or operate any other solvent 
cleaning machine subject to the provisions of this subpart, you are also 
subject to title V permitting requirements. Your title V permitting 
authority may defer your source from these permitting requirements until 
December 9, 2004, if your source is not a major source and is not

[[Page 497]]

located at a major source as defined under 40 CFR 63.2, 70.2, or 71.2, 
and is not otherwise required to obtain a title V permit. If you receive 
a deferral under this section, you must submit a title V permit 
application by December 9, 2005. You must continue to comply with the 
provisions of this subpart applicable to area sources, even if you 
receive a deferral from title V permitting requirements.
    (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, as amended at 64 
FR 69643, Dec. 14, 1999]



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.



Sec. 63.470  [Reserved]

      Appendix A to Subpart T--Test of Solvent Cleaning Procedures

                            General Questions

______ 1. What is the maximum allowable speed for parts entry and 
          removal?
    A. 8.5 meters per minute (28 feet per minute).
    B. 3.4 meters per minute (11 feet per minute).
    C. 11 meters per minute (36 feet per minute).
    D. No limit.
______ 2. How do you ensure that parts enter and exit the solvent 
          cleaning machine at the speed required in the regulation?
    A. Program on computerized hoist monitors speed.
    B. Can judge the speed by looking at it.
    C. Measure the time it takes the parts to travel a measured 
distance.
______ 3. Identify the sources of air disturbances.
    A. Fans
    B. Open doors
    C. Open windows
    D. Ventilation vents
    E. All of the above
______ 4. What are the three operating modes?
    A. Idling, working and downtime
    B. Precleaning, cleaning, and drying
    C. Startup, shutdown, off
    D. None of the above
______ 5. When can parts or parts baskets be removed from the solvent 
          cleaning machine?
    A. When they are clean
    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

[[Page 498]]

______ 11. What types of materials are prohibited from being cleaned in 
          solvent cleaning machines using halogenated HAP solvents?
    A. Sponges
    B. Fabrics
    C. Paper
    D. All of the above

                    Control Device Specific Questions

                   [  ] Freeboard Refrigeration Device

______ 1. What temperature must the FRD achieve?
    A. Below room temperature
    B. 50  deg.F
    C. Below the solvent boiling point
    D. 30 percent below the solvent boiling point

                         [  ] Working-Mode Cover

______ 2. When can a cover be open?
    A. While parts are in the cleaning machine
    B. During parts entry and removal
    C. During maintenance
    D. During measurements for compliance purposes
    E. A and C
    F. B, C, and D
______ 3. Covers must be maintained in what condition?
    A. Free of holes
    B. Free of cracks
    C. So that they completely seal cleaner opening
    D. All of the above

                               [  ] Dwell

______ 4. Where must the parts be held for the appropriate dwell time?
    A. In the vapor zone
    B. In the freeboard area above the vapor zone
    C. Above the cleaning machine
    D. In the immersion sump

                                 Answers

                            General Questions

 1. B
 2. A or C
 3. E
 4. A
 5. C
 6. C
 7. A
 8. B
 9. D
10. B
11. D

                    Control Device Specific Questions

 1. D
 2. F
 3. D
 4. B

[59 FR 61818, Dec. 2, 1994; 60 FR 29485, June 5, 1995]

                     Appendix B to Subpart T--General Provisions Applicability to Subpart T
----------------------------------------------------------------------------------------------------------------
                                         Applies to subpart T
            Reference            -----------------------------------                   Comments
                                         BCC              BVI
----------------------------------------------------------------------------------------------------------------
63.1(a) (1)-(3).................  Yes.............  Yes............
63.1(a)(4)......................  Yes.............  Yes............  Subpart T (this appendix) specifies
                                                                      applicability of each paragraph in subpart
                                                                      A to subpart T.
63.1(a)(5)......................  No..............  No.............
63.1(a) (6)-(8).................  Yes.............  Yes............
63.1(a)(9)......................  No..............  No.............
63.1(a)(10).....................  Yes.............  Yes............
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............

[[Page 499]]

 
63.1(c)(5)......................  Yes.............  Yes............  Subpart T does not require continuous
                                                                      monitoring systems (CMS) or continuous
                                                                      opacity monitoring systems. Therefore,
                                                                      notifications and requirements for CMS and
                                                                      COMS specified in subpart A do not apply
                                                                      to subpart T.
63.1(d).........................  No..............  No.............
63.1(e).........................  No..............  Yes............
63.2............................  Yes.............  Yes............  Subpart T definitions (Sec.  63.461) for
                                                                      existing and new overlap with the
                                                                      definitions for existing source and new
                                                                      source in subpart A (Sec.  63.2). Both
                                                                      subpart A and T also define Administrator.
63.3(a)-(c).....................  Yes.............  Yes............
63.4(a) (1)-(3).................  Yes.............  Yes............
63.4(a)(4)......................  No..............  No.............
63.4(a)(5)......................  Yes.............  Yes............
63.4(b)-(c).....................  Yes.............  Yes............
63.5(a)(1)......................  Yes.............  Yes............
63.5(a)(2)......................  Yes.............  Yes............
63.5(b)(1)......................  Yes.............  Yes............
63.5(b)(2)......................  No..............  No.............
63.5(b)(3)......................  No..............  No.............  Subpart T overrides the requirement for
                                                                      approval prior to constructing a new or
                                                                      reconstructing an existing major source.
63.5(b)(4)-(6)..................  Yes.............  Yes............
63.5(c).........................  No..............  No.............
63.5 (d)-(f)....................  No..............  No.............  Subpart T overrides the requirement to
                                                                      submit an application for approval of
                                                                      construction or reconstruction of a
                                                                      halogenated solvent cleaning machine.
63.6(a).........................  Yes.............  Yes............
63.6(b) (1)-(5).................  Yes.............  Yes............  Subpart T, Sec.  63.460, specifies
                                                                      compliance dates.
63.6(b)(6)......................  No..............  No.............
63.6(b)(7)......................  No..............  No.............  Subpart T has the same requirements for
                                                                      affected halogenated HAP solvent cleaning
                                                                      machine subcategories that are located at
                                                                      area sources as it does for those located
                                                                      at major sources.
63.6(c)(1)-(2)..................  Yes.............  Yes............  Subpart T allows 3 years from the date of
                                                                      promulgation for both area and major
                                                                      existing sources to comply.
63.6(c) (3)-(4).................  No..............  No.............
63.6(c)(5)......................  Yes.............  Yes............  Subpart T has the same requirements for
                                                                      affected halogenated HAP solvent cleaning
                                                                      machine subcategories that are located at
                                                                      area sources as it does for those located
                                                                      at major sources.
                                                                     Subpart T allows 3 years from the date of
                                                                      promulgation for both area and major
                                                                      existing sources to comply.
63.6(d).........................  No..............  No.............
63.6(e)(1)-(2)..................  Yes.............  Yes............
63.6(e)(3)......................  No..............  No.............  Subpart T overrides the requirement of a
                                                                      startup, shutdown, and malfunction plan.
                                                                      Subpart T specifies startup and shutdown
                                                                      procedures to be followed by an owner or
                                                                      operator for batch vapor and in-line
                                                                      cleaning machines.
63.6(f)-(g).....................  Yes.............  Yes............
63.6(h).........................  No..............  No.............  Subpart T does not require compliance with
                                                                      an opacity or visible emission standard.
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............

[[Page 500]]

 
63.7(g).........................  No..............  Yes............  Subpart T specifies what is required to
                                                                      demonstrate idling emission standard
                                                                      compliance through the use of the
                                                                      Environmental Protection Agency test
                                                                      method 307 and control device monitoring.
                                                                      Reports and records of testing and
                                                                      monitoring are required for compliance
                                                                      verification. Three runs of the test are
                                                                      required for compliance, as specified in
                                                                      Sec.  63.7(e) of subpart A.
63.7(h).........................  No..............  No.............  Subpart T does not require the use of a
                                                                      performance test to comply with the
                                                                      standard. The idling emission standard
                                                                      option (which requires an idling emission
                                                                      performance test) is an alternative option
                                                                      offered to owners or operators of batch
                                                                      vapor and in-line cleaning machines for
                                                                      compliance flexibility.
63.8 (a)-(b)....................  Yes.............  Yes............
63.8 (c)-(e)....................  No..............  No.............  Subpart T does not require the use of
                                                                      continuous monitoring systems to
                                                                      demonstrate compliance.
63.8(f).........................  Yes.............  Yes............
63.8(g).........................  No..............  No.............  Subpart T does not require continuous
                                                                      opacity monitoring systems and continuous
                                                                      monitoring systems data.
63.9(a) (1)-(4).................  Yes.............  Yes............
63.9(b)(1)......................  Yes.............  Yes............
63.9(b)(2)......................  Yes.............  Yes............  Subpart T includes all of those
                                                                      requirements stated in subpart A, except
                                                                      that subpart A also requires a statement
                                                                      as to whether the affected source is a
                                                                      major or an area source, and an
                                                                      identification of the relevant standard
                                                                      (including the source's compliance date).
                                                                      Subpart T also has some more specific
                                                                      information requirements specific to the
                                                                      affected source (see subpart T, Secs.
                                                                      63.468(a)-(b)).
63.9(b)(3)......................  Yes.............  Yes............  The subpart A and subpart T initial
                                                                      notification reports differ (see above).
63.9(b)(4)......................  No..............  No.............  Subpart T does not require an application
                                                                      for approval of construction or
                                                                      reconstruction.
63.9(b)(5)......................  Yes.............  Yes............  ...........................................
63.9(c).........................  Yes.............  Yes............  ...........................................
63.9(d).........................  Yes.............  Yes............  ...........................................
63.9(e).........................  Yes.............  Yes............  Under subpart T, this requirement only
                                                                      applies to owners or operators choosing to
                                                                      comply with the idling emissions standard.
63.9(f).........................  No..............  No.............  Subpart T does not require opacity or
                                                                      visible emission observations.
63.9(g)(1)......................  No..............  No.............  Subpart T does not require the use of
                                                                      continuous monitoring systems or
                                                                      continuous opacity monitoring systems.
63.9(h).........................  No..............  No.............  Section 63.468 of subpart T requires an
                                                                      initial statement of compliance for
                                                                      existing sources to be submitted to the
                                                                      Administrator no later than 150 days after
                                                                      the compliance date specified in Sec.
                                                                      63.460(d) of subpart T. For new sources,
                                                                      this report is to be submitted to the
                                                                      Administrator no later than 150 days from
                                                                      the date specified in Sec.  63.460(c).
63.9(i).........................  Yes.............  Yes............
63.9(j).........................  Yes.............  Yes............
63.10(a)........................  Yes.............  Yes............
63.10(b)........................  No..............  No.............  Recordkeeping requirements are specified in
                                                                      subpart T.
63.10(c) (1)-(15)...............  No..............  No.............  Subpart T does not require continuous
                                                                      monitoring systems.
63.10(d)(1).....................  Yes.............  Yes............
63.10(d)(2).....................  No..............  No.............  Reporting requirements are specified in
                                                                      subpart T.
63.10(e) (l)-(2)................  No..............  No.............  Subpart T does not require continuous
                                                                      emissions monitoring systems.
63.10(e)(3).....................  No..............  No.............  Subpart T does not require continuous
                                                                      monitoring systems.
63.10(e)(4).....................  No..............  No.............  Subpart T does not require continuous
                                                                      opacity monitoring systems.
63.10(f)........................  Yes.............  Yes............
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]

[[Page 501]]



   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. Affected sources are described in 
paragraphs (a)(1) through (a)(4) of this section.
    (1) An affected source is either an existing affected source or a 
new affected source. Existing affected source is defined in paragraph 
(a)(2) of this section, and new affected source is defined in paragraph 
(a)(3) of this section.
    (2) An existing affected source is defined as each group of one or 
more elastomer product process units (EPPU) and associated equipment, as 
listed in paragraph (a)(4) of this section, that is not part of a new 
affected source, as defined in paragraph (a)(3) of this section, that is 
manufacturing the same primary product and that is located at a plant 
site that is a major source.
    (3) A new affected source is defined by the criteria in paragraph 
(a)(3)(i), (a)(3)(ii), or (a)(3)(iii) of this section. The situation 
described in paragraph (a)(3)(i) of this section is distinct from those 
situations described in paragraphs (a)(3)(ii) and (a)(3)(iii) of this 
section and from any situation described in paragraph (i) of this 
section.
    (i) At a site without HAP emission points before June 12, 1995 
(i.e., a ``greenfield'' site), each group of one or more EPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, 
that is manufacturing the same primary product and that is part of a 
major source on which construction commenced after June 12, 1995;
    (ii) A group of one or more 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.
    (4) Emission points and equipment. The affected source also includes 
the emission points and equipment specified in paragraphs (a)(4)(i) 
through (a)(4)(iv) of this section that are associated with each 
applicable group of one or more EPPU constituting an affected source.
    (i) Each waste management unit.
    (ii) Maintenance wastewater.
    (iii) Each heat exchange system.
    (iv) Equipment required by, or utilized as a method of compliance 
with, this subpart which may include control devices and recovery 
devices.
    (5) EPPUs and associated equipment, as listed in paragraph (a)(4) of 
this section, that are located at plant sites that are not major sources 
are neither affected sources nor part of an affected source.
    (b) EPPUs without organic HAP. The owner or operator of an EPPU that 
is part of an affected source, as defined in paragraph (a) of this 
section, but that does not use or manufacture any organic HAP shall 
comply with the requirements of either paragraph (b)(1) or (b)(2) of 
this section. Such an EPPU is not subject to any other provision of this 
subpart and is not required to comply with the provisions of subpart A 
of this part.
    (1) Retain information, data, and analyses used to document the 
basis for the determination that the EPPU does not use or manufacture 
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, 
engineering calculations, or process knowledge.
    (2) When requested by the Administrator, demonstrate that the EPPU 
does not use or manufacture any organic HAP.
    (c) Emission points not subject to the provisions of this subpart. 
The affected source includes the emission points listed in paragraphs 
(c)(1) through (c)(9) of this section, but these emission points are not 
subject to the requirements of this subpart or to the provisions of 
subpart A of this part.
    (1) Equipment that does not contain organic HAP and is located at an 
EPPU that is part of an affected source;
    (2) Stormwater from segregated sewers;
    (3) Water from fire-fighting and deluge systems in segregated 
sewers;
    (4) Spills;

[[Page 502]]

    (5) Water from safety showers;
    (6) Water from testing of deluge systems;
    (7) Water from testing of firefighting systems;
    (8) Vessels and equipment storing and/or handling material that 
contains no organic HAP or organic HAP as impurities only; and
    (9) 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. Research and 
development facilities are exempted from the affected source.
    (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 JJJ of this part, and at least 50 percent of the 
elastomer is used in the production of the product manufactured by the 
subpart JJJ process unit, the unit operations involved in the production 
of the elastomer are considered part of the process unit that is subject 
to subpart JJJ, and not this subpart.
    (f) Primary product determination and applicability. An owner or 
operator of a process unit that produces or plans to produce an 
elastomer product shall determine if the process unit is subject to this 
subpart in accordance with this paragraph. The owner or operator shall 
initially determine whether a process unit is designated as an EPPU and 
subject to the provisions of this subpart in accordance with either 
paragraph (f)(1) or (f)(2) of this section. The owner or operator of a 
flexible operation unit that was not initially designated as an EPPU, 
but in which an elastomer product is produced, shall conduct an annual 
re-determination of the applicability of this subpart in accordance with 
paragraph (f)(3) of this section. Owners or operators that anticipate 
the production of an elastomer product in a process unit that was not 
initially designated as an EPPU, and in which no elastomer products are 
currently produced, shall determine if the process unit is subject to 
this subpart in accordance with paragraph (f)(4) of this section. 
Paragraphs (f)(3) and (f)(5) through (f)(7) of this section discuss 
compliance only for flexible operation units. Other paragraphs apply to 
all process units, including flexible operation units, unless otherwise 
noted. Paragraph (f)(8) of this section contains reporting requirements 
associated with the applicability determinations. Paragraphs (f)(9) and 
(f)(10) describe criteria for removing the EPPU designation from a 
process unit.
    (1) Initial determination. The owner or operator shall initially 
determine if a process unit is subject to the provisions of this subpart 
based on the primary product of the process unit in accordance with 
paragraphs (f)(1)(i) through (iii) of this section. If the process unit 
never uses or manufactures any organic HAP, regardless of the outcome of 
the primary product determination, the only requirements of this subpart 
that might apply to the process unit are contained in paragraph (b) of 
this section. If a flexible operation unit does not use or manufacture 
any organic HAP during the manufacture of one or more products, 
paragraph (f)(5)(i) of this section applies to that flexible operation 
unit.
    (i) If a process unit only manufactures one product, then that 
product shall represent the primary product of the process unit.
    (ii) If a process unit produces more than one intended product at 
the same time, the primary product shall be determined in accordance 
with paragraph (f)(1)(ii)(A) or (B) of this section.
    (A) The product for which the process unit has the greatest annual 
design capacity on a mass basis shall represent the primary product of 
the process unit, or
    (B) If a process unit has the same maximum annual design capacity on 
a mass basis for two or more products, and if one of those products is 
an elastomer product, then the elastomer product shall represent the 
primary product of the process unit.
    (iii) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraphs (f)(1)(iii)(A) or (B) of this section based on the 
anticipated operations for the 5 years following September 5, 1996 at 
existing process units, or for the first

[[Page 503]]

year after the process unit begins production of any product for new 
process units. If operations cannot be anticipated sufficiently to allow 
the determination of the primary product for the specified period, 
applicability shall be determined in accordance with paragraph (f)(2) of 
this section.
    (A) If the flexible operation unit will manufacture one product for 
the greatest operating time over the specified five year period for 
existing process units, or the specified one year period for new process 
units, then that product shall represent the primary product of the 
flexible operation unit.
    (B) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest expected production on a mass basis over the specified five 
year period for existing process units, or the specified one year period 
for new process units shall represent the primary product of the 
flexible operation unit.
    (iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this 
section, the primary product of a process unit is an elastomer product, 
then that process unit shall be designated as an EPPU. That EPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, is 
either an affected source, or part of an affected source comprised of 
other EPPU and associated equipment, as listed in paragraph (a)(4) of 
this section, subject to this subpart with the same primary product at 
the same plant site that is a major source. If the primary product of a 
process unit is determined to be a product that is not an elastomer 
product, then that process unit is not an EPPU.
    (2) If the primary product cannot be determined for a flexible 
operation unit in accordance with paragraph (f)(1)(iii) of this section, 
applicability shall be determined in accordance with this paragraph.
    (i) If the owner or operator cannot determine the primary product in 
accordance with paragraph (f)(1)(iii) of this section, but can determine 
that an elastomer product is not the primary product, then that flexible 
operation unit is not an EPPU.
    (ii) If the owner or operator cannot determine the primary product 
in accordance with paragraph (f)(1)(iii) of this section, and cannot 
determine that an elastomer product is not the primary product as 
specified in paragraph (f)(2)(i) of this section, applicability shall be 
determined in accordance with paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B) 
of this section.
    (A) If the flexible operation unit is an existing process unit, the 
flexible operation unit shall be designated as an EPPU if an elastomer 
product was produced for 5 percent or greater of the total operating 
time of the flexible operation unit since March 9, 1999. That EPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, is 
either an affected source, or part of an affected source comprised of 
other EPPU and associated equipment, as listed in paragraph (a)(4) of 
this section, subject to this subpart with the same primary product at 
the same plant site that is a major source. For a flexible operation 
unit that is designated as an EPPU in accordance with this paragraph, 
the elastomer product produced for the greatest amount of time since 
March 9, 1999 shall be designated as the primary product of the EPPU.
    (B) If the flexible operation unit is a new process unit, the 
flexible operation unit shall be designated as an EPPU if the owner or 
operator anticipates that an elastomer product will be manufactured in 
the flexible operation unit at any time in the first year after the date 
the unit begins production of any product. That EPPU and associated 
equipment, as listed in paragraph (a)(4) of this section, is either an 
affected source, or part of an affected source comprised of other EPPU 
and associated equipment, as listed in paragraph (a)(4) of this section, 
subject to this subpart with the same primary product at the same plant 
site that is a major source. For a process unit that is designated as an 
EPPU in accordance with this paragraph, the elastomer product that will 
be produced shall be designated as the primary product of the EPPU. If 
more than one elastomer product will be produced, the owner or operator 
may select which elastomer product is designated as the primary product.

[[Page 504]]

    (3) Annual applicability determination for non-EPPUs that have 
produced an elastomer product. Once per year beginning September 5, 
2001, the owner or operator of each flexible operation unit that is not 
designated as an EPPU, but that has produced an elastomer product at any 
time in the preceding five-year period or since the date that the unit 
began production of any product, whichever is shorter, shall perform the 
evaluation described in paragraphs (f)(3)(i) through (f)(3)(iii) of this 
section. However, an owner or operator that does not intend to produce 
any elastomer product in the future, in accordance with paragraph (f)(9) 
of this section, is not required to perform the evaluation described in 
paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
    (i) For each product produced in the flexible operation unit, the 
owner or operator shall calculate the percentage of total operating time 
over which the product was produced during the preceding five-year 
period.
    (ii) The owner or operator shall identify the primary product as the 
product with the highest percentage of total operating time for the 
preceding five-year period.
    (iii) If the primary product identified in paragraph (f)(3)(ii) is 
an elastomer product, the flexible operation unit shall be designated as 
an EPPU. The owner or operator shall notify the Administrator no later 
than 45 days after determining that the flexible operation unit is an 
EPPU, and shall comply with the requirements of this subpart in 
accordance with paragraph (i)(1) of this section for the flexible 
operation unit.
    (4) Applicability determination for non-EPPUs that have not produced 
an elastomer product. The owner or operator that anticipates the 
production of an elastomer product in a process unit that is not 
designated as an EPPU, and in which no elastomer products have been 
produced in the previous 5 year period or since the date that the 
process unit began production of any product, whichever is shorter, 
shall determine if the process unit is subject to this subpart in 
accordance with paragraphs (f)(4)(i) and (ii) of this section. Also, 
owners or operators who have notified the Administrator that a process 
unit is not an EPPU in accordance with paragraph (f)(9) of this section, 
that now anticipate the production of an elastomer product in the 
process unit, shall determine if the process unit is subject to this 
subpart in accordance with paragraphs (f)(4)(i) and (ii) of this 
section.
    (i) The owner or operator shall use the procedures in paragraph 
(f)(1) or (f)(2) of this section to determine if the process unit is 
designated as an EPPU, with the following exception: for existing 
process units that are determining the primary product in accordance 
with paragraph (f)(1)(iii) of this section, production shall be 
projected for the five years following the date that the owner or 
operator anticipates initiating the production of an elastomer product.
    (ii) If the unit is designated as an EPPU in accordance with 
paragraph (f)(4)(i) of this section, the owner or operator shall comply 
in accordance with paragraph (i)(1) of this section.
    (5) Compliance for flexible operation units. Owners or operators of 
EPPUs that are flexible operation units shall comply with the standards 
specified for the primary product, with the exceptions provided in 
paragraphs (f)(5)(i) and (f)(5)(ii) of this section.
    (i) Whenever a flexible operation unit manufactures a product in 
which no organic HAP is used or manufactured, the owner or operator is 
only required to comply with either paragraph (b)(1) or (b)(2) of this 
section to demonstrate compliance for activities associated with the 
manufacture of that product. This subpart does not require compliance 
with the provisions of subpart A of this part for activities associated 
with the manufacture of a product that meets the criteria of paragraph 
(b) of this section.
    (ii) Whenever a flexible operation unit manufactures a product that 
makes it subject to subpart GGG of this part, the owner or operator is 
not required to comply with the provisions of this subpart during the 
production of that product.
    (6) Owners or operators of EPPUs that are flexible operation units 
have the option of determining the group status of each emission point 
associated with the flexible operation unit,

[[Page 505]]

in accordance with either paragraph (f)(6)(i) or (f)(6)(ii) of this 
section, with the exception of batch front-end process vents. For batch 
front-end process vents, the owner or operator shall determine the group 
status in accordance with Sec. 63.488.
    (i) The owner or operator may determine the group status of each 
emission point based on emission point characteristics when the primary 
product is being manufactured.
    (ii) The owner or operator may determine the group status of each 
emission point separately for each product produced by the flexible 
operation unit. For each product, the group status shall be determined 
using the emission point characteristics when that product is being 
manufactured and using the Group 1 criteria specified for the primary 
product. (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.)
    (7) Owners or operators determining the group status of emission 
points in flexible operation units based solely on the primary product 
in accordance with paragraph (f)(6)(i) of this section shall establish 
parameter monitoring levels, as required, in accordance with either 
paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators 
determining the group status of emission points in flexible operation 
units based on each product in accordance with paragraph (f)(6)(ii) of 
this section shall establish parameter monitoring levels, as required, 
in accordance with paragraph (f)(7)(i) of this section.
    (i) Establish separate parameter monitoring levels in accordance 
with Sec. 63.505(a) for each individual product.
    (ii) Establish a single parameter monitoring level (for each 
parameter required to be monitored at each device subject to monitoring 
requirements) in accordance with Sec. 63.505(a) that would apply for all 
products.
    (8) Reporting requirements. When it is determined that a process 
unit is an EPPU and subject to the requirements of this subpart, the 
Notification of Compliance Status required by Sec. 63.506(e)(5) shall 
include the information specified in paragraphs (f)(8)(i) and (f)(8)(ii) 
of this section, as applicable. If it is determined that the process 
unit is not subject to this subpart, the owner or operator shall either 
retain all information, data, and analysis used to document the basis 
for the determination that the primary product is not an elastomer 
product, or, when requested by the Administrator, demonstrate that the 
process unit is not subject to this subpart.
    (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)(8)(ii)(A) through 
(f)(8)(ii)(D) of this section, as appropriate, shall be submitted.
    (A) If a primary product could be determined, identification of the 
primary product.
    (B) Identification of which compliance option, either paragraph 
(f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner 
or operator.
    (C) If the option to establish separate parameter monitoring levels 
for each product in paragraph (f)(7)(i) of this section is selected, the 
identification of each product and the corresponding parameter 
monitoring level.
    (D) If the option to establish a single parameter monitor level in 
paragraph (f)(7)(ii) of this section is selected, the parameter 
monitoring level for each parameter.
    (9) EPPUs terminating production of all elastomer products. If an 
EPPU terminates the production of all elastomer products and does not 
anticipate the production of any elastomer products in the future, the 
process unit is no longer an EPPU and is not subject to this subpart 
after notification is made to the Administrator. This notification shall 
be accompanied by a rationale for why it is anticipated that no 
elastomer products will be produced in the process unit in the future.
    (10) Redetermination of applicability to EPPUs that are flexible 
operation units. Whenever changes in production occur that could 
reasonably be expected to change the primary product of an EPPU that is 
operating as a flexible operation unit from an elastomer product to a 
product that would make the

[[Page 506]]

process unit subject to another subpart of this part, the owner or 
operator shall re-evaluate the status of the process unit as an EPPU in 
accordance with paragraphs (f)(10)(i) through (iii) of this section.
    (i) For each product produced in the flexible operation unit, the 
owner or operator shall calculate the percentage of total operating time 
in which the product was produced for the preceding five-year period, or 
since the date that the process unit began production of any product, 
whichever is shorter.
    (ii) The owner or operator shall identify the primary product as the 
product with the highest percentage of total operating time for the 
period.
    (iii) If the conditions in (f)(10)(iii)(A) through (C) of this 
section are met, the flexible operation unit shall no longer be 
designated as an EPPU after the compliance date of the other subpart and 
shall no longer be subject to the provisions of this subpart after the 
date that the process unit is required to be in compliance with the 
provisions of the other subpart of this part to which it is subject. If 
the conditions in paragraphs (f)(10)(iii)(A) through (C) of this section 
are not met, the flexible operation unit shall continue to be considered 
an EPPU and subject to the requirements of this subpart.
    (A) The product identified in (f)(10)(ii) of this section is not an 
elastomer product; and
    (B) The production of the product identified in (f)(10)(ii) of this 
section is subject to another subpart of this part; and
    (C) The owner or operator submits a notification to the 
Administrator of the pending change in applicability.
    (g) Storage vessel ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (g)(1) through 
(g)(7) of this section to determine to which process unit a storage 
vessel shall be assigned. Paragraph (g)(8) of this section specifies 
when an owner or operator is required to redetermine to which process 
unit a storage vessel is assigned.
    (1) If a storage vessel is already subject to another subpart of 40 
CFR part 63 on September 5, 1996, that storage vessel shall be assigned 
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 be assigned to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall be assigned 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 that 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 be 
assigned 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, 
whichever is more representative of the expected operations for that 
storage vessel for existing affected sources, and based on the expected 
utilization for 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, as required by 
Sec. 63.506(e)(5)(vii).
    (7) 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 (including a marine tank farm), the applicability of this 
subpart shall be determined according to the provisions in paragraphs 
(g)(7)(i) through (g)(7)(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

[[Page 507]]

intervening storage vessel for that product (or raw material, as 
appropriate). With respect to any process unit, an intervening storage 
vessel means a storage vessel connected by hard-piping both 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)(7)(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)(7)(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)(7)(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 paragraphs (g)(3) through 
(g)(6) of this section. The predominant use shall be determined among 
only those process units that meet the criteria of paragraph (g)(7)(i) 
of this section.
    (8) If the storage vessel begins receiving material from (or sending 
material to) a process unit that was not included in the initial 
determination, or ceases to receive material from (or send material to) 
a process unit that was included in the initial determination, the owner 
or operator shall reevaluate the applicability of this subpart to that 
storage vessel.
    (h) Recovery operations equipment ownership determination. The owner 
or operator shall follow the procedures specified in paragraphs (h)(1) 
through (h)(6) of this section to determine to which process unit 
recovery operations equipment shall be assigned. Paragraph (h)(7) of 
this section specifies when an owner or operator is required to 
redetermine to which process unit the recovery operations equipment is 
assigned.
    (1) If recovery operations equipment is already subject to another 
subpart of 40 CFR part 63 on September 5, 1996, that recovery operations 
equipment shall be assigned to the process unit subject to the other 
subpart.
    (2) If recovery operations equipment is dedicated to a single 
process unit, the recovery operations equipment shall be assigned to 
that process unit.
    (3) If recovery operations equipment is shared among process units, 
then the recovery operations equipment shall be assigned to that process 
unit located on the same plant site as the recovery operations equipment 
that has the greatest input into or output from the recovery operations 
equipment (i.e., that process unit has the predominant use of the 
recovery operations equipment).
    (4) If predominant use cannot be determined for recovery operations 
equipment that is shared among process units and if one of those process 
units is an EPPU subject to this subpart, the recovery operations 
equipment shall be assigned 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.
    (6) If the predominant use of recovery operations 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 for existing affected sources 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 start-up for new 
affected

[[Page 508]]

sources. The determination of predominant use shall be reported in the 
Notification of Compliance Status, as required by 
Sec. 63.506(e)(5)(viii).
    (7) If a piece of recovery operations equipment begins receiving 
material from a process unit that was not included in the initial 
determination, or ceases to receive material from a process unit that 
was included in the initial determination, the owner or operator shall 
reevaluate the applicability of this subpart to that recovery operations 
equipment.
    (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. Paragraph 
(i)(6) of this section discusses reporting requirements.
    (1) Adding an EPPU to a plant site. The provisions of paragraphs 
(i)(1)(i) and (i)(1)(ii) of this section apply to owners or operators 
that add one or more EPPUs to a plant site.
    (i) If a group of one or more EPPUs that produce the same primary 
product is added to a plant site, the added group of one or more EPPUs 
and associated equipment, as listed in paragraph (a)(4) of this section, 
shall be a new affected source and shall comply with the requirements 
for a new affected source in this subpart upon initial start-up or by 
June 19, 2000, whichever is later, if the added group of one or more 
EPPUs meets the criteria in either paragraph (i)(1)(i)(A) or 
(i)(1)(i)(B) of this section, and if the criteria in either paragraph 
(i)(1)(i)(C) or (i)(1)(i)(D) of this section are met.
    (A) The construction of the group of one or more EPPUs commenced 
after June 12, 1995.
    (B) The construction or reconstruction, for process units that have 
become EPPUs, commenced after June 12, 1995.
    (C) The group of one or more EPPUs and associated equipment, as 
listed in paragraph (a)(4) of this section, 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 group of one or more 
EPPUs is currently produced at the plant site as the primary product of 
an affected source; or
    (D) The primary product of the group of one or more EPPUs 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 of the 
group of one or more EPPUs and associated equipment, as listed in 
paragraph (a)(4) of this section, will meet the definition of a major 
source.
    (ii) If a group of one or more EPPUs that produce the same primary 
product is added to a plant site, and the group of one or more EPPUs 
does not meet the criteria specified in paragraph (i)(1)(i) of this 
section, and the plant site meets, or after the addition will meet, the 
definition of a major source, the group of one or more EPPUs and 
associated equipment, as listed in paragraph (a)(4) of this section, 
shall comply with the requirements for an existing affected source in 
this subpart upon initial start-up; by June 19, 2001; or by 6 months 
after notifying the Administrator that a process unit has been 
designated as an EPPU (in accordance with paragraph (f)(3)(iii) of this 
section), whichever is later.
    (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 components are replaced at an existing affected source 
such that the criteria specified in paragraphs (i)(2)(i)(A) through 
(i)(2)(i)(B) of this section are met, the entire affected source shall 
be a new affected source and shall comply with the requirements for a 
new affected source upon initial start-up or by June 19, 2000, whichever 
is later.
    (A) The replacement of components meets the definition of 
reconstruction in Sec. 63.482(b); and
    (B) Such reconstruction commenced after June 12, 1995.
    (ii) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (i)(2)(i)(A) and 
(i)(2)(i)(B) of this section are not met and that replacement of

[[Page 509]]

components creates one or more emission points (i.e., either newly 
created Group 1 emission points or emission points that change from 
Group 2 to Group 1) or causes any other emission point to be added 
(i.e., Group 2 emission points, back-end process operations subject to 
Secs. 63.493 and 63.500, and heat exchange systems and equipment leak 
components subject Sec. 63.502), the resulting emission point(s) shall 
be subject to the applicable requirements for an existing affected 
source. The resulting emission point(s) shall be in compliance upon 
initial start-up or by the appropriate compliance date specified in 
Sec. 63.481 (i.e., July 31, 1997 for most equipment leak components 
subject to Sec. 63.502, and June 19, 2001 for emission points other than 
equipment leaks), whichever is later.
    (iii) If an addition or process change (not including a process 
change that solely replaces components) is made that creates one or more 
Group 1 emission points (i.e., either newly created Group 1 emission 
points or emission points that change group status from Group 2 to Group 
1) or causes any other emission point to be added (i.e., Group 2 
emission points, back-end process operations subject to Secs. 63.493 
through 63.500, and heat exchange systems and equipment leak components 
subject to Sec. 63.502), the resulting emission point(s) shall be 
subject to the applicable requirements for an existing affected source. 
The resulting emission point(s) shall be in compliance by 120 days after 
the date of initial start-up or by the appropriate compliance date 
specified in Sec. 63.481 (i.e., July 31, 1997 for most equipment leak 
components subject to Sec. 63.502, and June 19, 2001 for emission points 
other than equipment leaks), whichever is later.
    (3) Existing affected source requirements for surge control vessels 
and bottoms receivers that become subject to subpart H requirements. If 
a process change or the addition of an emission point causes a surge 
control vessel or bottoms receiver to become subject to Sec. 63.170 
under this paragraph (i), the owner or operator shall be in compliance 
upon initial start-up or by June 19, 2001, whichever is later.
    (4) Existing affected source requirements for compressors that 
become subject to subpart H requirements. If a process change or the 
addition of an emission point causes a compressor to become subject to 
Sec. 63.164 under this paragraph (i), the owner or operator shall be in 
compliance upon initial start-up or by the compliance date for that 
compressor, as specified in Sec. 63.481(d), whichever is later.
    (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 feedstock type or process catalyst 
type, or whenever the replacement, removal, or addition of recovery 
equipment, or equipment changes that increase production capacity. For 
purposes of paragraph (i) of this section, process changes do not 
include: process upsets, unintentional temporary process changes, and 
changes that do not alter the equipment configuration and operating 
conditions.
    (6) Reporting requirements for owners or operators that change or 
add to their plant site or affected source. Owners or operators that 
change or add to their plant site or affected source, as discussed in 
paragraphs (i)(1) and (i)(2) of this section, shall submit a report as 
specified in Sec. 63.506(e)(7)(v).
    (j) Applicability of this subpart during periods of start-up, 
shutdown, malfunction, or non-operation. Paragraphs (j)(1) through 
(j)(4) of this section shall be followed during periods of start-up, 
shutdown, malfunction, or non-operation of the affected source or any 
part thereof.
    (1) The emission limitations set forth in this subpart and the 
emission limitations referred to in this subpart shall apply at all 
times except during periods of non-operation of the affected source (or 
specific portion thereof) resulting in cessation of the emissions to 
which this subpart applies. The emission limitations of this subpart and 
the emission limitations referred to in this subpart shall not apply 
during periods of start-up, shutdown, or malfunction, except as provided 
in paragraphs (j)(3) and (j)(4) of this section. During periods of 
start-up, shutdown, or malfunction, the owner or operator shall follow 
the applicable provisions of the start-

[[Page 510]]

up, shutdown, and malfunction plan required by Sec. 63.506(b)(1). 
However, if a start-up, shutdown, malfunction, or period of non-
operation of one portion of an affected source does not affect the 
ability of a particular emission point to comply with the emission 
limitations to which it is subject, then that emission point shall still 
be required to comply with the applicable emission limitations of this 
subpart 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 that is part of the affected source would still be 
required to be controlled in accordance with the emission limitations in 
Sec. 63.484. Similarly, the degassing of a storage vessel would not 
affect the ability of a batch front-end process vent to meet the 
emission limitations of Secs. 63.486 through 63.492.
    (2) The emission limitations set forth in subpart H of this part, as 
referred to in Sec. 63.502, shall apply at all times except during 
periods of non-operation of the affected source (or specific portion 
thereof) in which the lines are drained and depressurized resulting in 
cessation of the emissions to which Sec. 63.502 applies, or during 
periods of start-up, shutdown, malfunction, or process unit shutdown (as 
defined in Sec. 63.161).
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with this subpart during 
periods of start-up, shutdown, or malfunction 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 applicable to such items of equipment. This 
paragraph does not apply if the item of equipment is malfunctioning. 
This paragraph also does not apply if the owner or operator shuts down 
the compliance equipment (other than monitoring systems) to avoid damage 
due to a contemporaneous start-up, shutdown, or malfunction of the 
affected source or portion thereof. If the owner or operator has reason 
to believe that monitoring equipment would be damaged due to a 
contemporaneous start-up, shutdown, or malfunction of the affected 
source or portion thereof, the owner or operator shall provide 
documentation supporting such a claim in the Precompliance Report or in 
a supplement to the Precompliance Report, as provided for in 
Sec. 63.506(e)(3). Once approved by the Administrator in accordance with 
Sec. 63.506(e)(3)(viii), the provision for ceasing to collect, during a 
start-up, shutdown, or malfunction, monitoring data that would otherwise 
be required by the provisions of this subpart must be incorporated into 
the start-up, shutdown, malfunction plan for that affected source, as 
stated in Sec. 63.506(b)(1).
    (4) During start-ups, shutdowns, and malfunctions when the emission 
limitations of this subpart do not apply pursuant to paragraphs (j)(1) 
through (j)(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 greater than 
those allowed by the emissions limitation which would apply during 
operational periods other than start-up, shutdown, and malfunction. 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 affected source. Back-up control devices are 
not required, but may be used if available.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38036, June 19, 2000]



Sec. 63.481  Compliance dates and relationship of this subpart 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 and to other 
applicable rules. Where an override of another authority of the Act is 
indicated in this subpart, only compliance with

[[Page 511]]

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 June 12, 1995 shall be in compliance with this 
subpart upon initial start-up or by June 19, 2000, whichever is later.
    (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 June 19, 2001, 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. 63.502 no later than July 31, 1997, unless an extension has been 
granted pursuant to paragraph (e) of this section.
    (1) Compliance with the compressor provisions of Sec. 63.164 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)(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 will be modified to permit connecting the 
compressor to a fuel gas system or closed vent system, or be modified so 
that emissions from the compressor can be routed to a process.
    (2) Compliance with the compressor provisions of Sec. 63.164 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)(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 the request for a compliance 
extension to the appropriate U.S. Environmental Protection Agency (EPA) 
Regional Office at the address listed in Sec. 63.13 no later than 45 
days before the compliance date. 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 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, the owner 
or operator shall achieve compliance no later than September 5, 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 shall 
occur no later than September 5, 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 of Sec. 63.170 shall occur no later than June 19, 2001.
    (6) Compliance with the heat exchange system provisions of 
Sec. 63.104 shall occur no later than June 19, 2001.
    (e) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the existing affected source 
up to 1 additional year to comply with section 112(d) standards. For 
purposes of this subpart,

[[Page 512]]

a request for an extension shall be submitted to the permitting 
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 120 
days prior to the compliance dates specified in paragraphs (b) through 
(d) of this section, or as specified elsewhere in this subpart, except 
as provided in paragraph (e)(3) of this section. 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 Secs. 63.6(i)(8) through 63.6(i)(14) shall 
govern the review and approval of requests for extensions of compliance 
with this subpart.
    (3) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (e) of this section, provided that 
the need for the compliance extension arose after that 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 
specified in paragraph (e)(1) of this section, a statement of the 
reasons additional time is needed and the date when the owner or 
operator first learned of the circumstances necessitating a request for 
a compliance extension under this paragraph (e)(3).
    (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, 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 is assigned to an affected source subject to this subpart 
and 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, that storage vessel 
shall no longer be subject to 40 CFR part 60, subpart Kb.
    (j) 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, the source shall no longer be subject to 40 
CFR part 60, subpart VV.
    (k) Applicability of other regulations for monitoring, recordkeeping 
or reporting with respect to combustion devices, recovery devices, or 
recapture devices. After the compliance dates specified in this subpart, 
if any combustion device, recovery device or 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

[[Page 513]]

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. 63.506(e)(5).
    (l) Applicability of other requirements for heat exchange systems or 
waste management units. Paragraphs (l)(1) and (l)(2) of this section 
address instances in which certain requirements from other regulations 
also apply for the same heat exchange system(s) or waste management 
unit(s) that are subject to this subpart.
    (1) After the applicable compliance date specified in this subpart, 
if a heat exchange system subject to this subpart is also subject to a 
standard identified in paragraphs (l)(1)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraphs (l)(1)(i) or (ii) of this section shall constitute compliance 
with the applicable provisions of this subpart with respect to that heat 
exchange system.
    (i) Subpart F of this part.
    (ii) A subpart of this part which requires compliance with 
Sec. 63.104 (e.g., subpart JJJ of this part).
    (2) After the applicable compliance date specified in this subpart, 
if any waste management unit subject to this subpart is also subject to 
a standard identified in paragraph (l)(2)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraph (l)(2)(i) or (ii) of this section shall constitute compliance 
with the applicable provisions of this subpart with respect to that 
waste management unit.
    (i) Subpart G of this part.
    (ii) A subpart of this part which requires compliance with 
Secs. 63.132 through 63.147 (e.g., subpart JJJ of this part).
    (m) 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 paragraph 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)(2)(i) or (m)(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 shall be performed monthly, at 
least 1 month for tasks that shall be performed each quarter, or at 
least 3 months for tasks that shall 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 task during each of multiple successive periods, 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; 64 
FR 11542, Mar. 9, 1999; 64 FR 35028, June 30, 1999; 65 FR 38042, June 
19, 2000]



Sec. 63.482  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, Sec. 63.161, or the 
Act, as specified after each term:

Act (Sec. 63.2)
Administrator (Sec. 63.2)
Automated monitoring and recording system (Sec. 63.111)
Boiler (Sec. 63.111)

[[Page 514]]

Bottoms receiver (Sec. 63.161)
By compound (Sec. 63.111)
By-product (Sec. 63.101)
Car-seal (Sec. 63.111)
Closed-vent system (Sec. 63.111)
Combustion device (Sec. 63.111)
Commenced (Sec. 63.2)
Compliance date (Sec. 63.2)
Connector (Sec. 63.161)
Continuous monitoring system (Sec. 63.2)
Distillation unit (Sec. 63.111)
Duct work (Sec. 63.161)
Emission limitation (Section 302(k) of the Act)
Emission standard (Sec. 63.2)
Emissions averaging (Sec. 63.2)
EPA (Sec. 63.2)
Equipment leak (Sec. 63.101)
External floating roof (Sec. 63.111)
Fill or filling (Sec. 63.111)
Fixed capital cost (Sec. 63.2)
Flame zone (Sec. 63.111)
Floating roof (Sec. 63.111)
Flow indicator (Sec. 63.111)
Fuel gas system (Sec. 63.101)
Halogens and hydrogen halides (Sec. 63.111)
Hard-piping (Sec. 63.111)
Hazardous air pollutant (Sec. 63.2)
Heat exchange system (Sec. 63.101)
Impurity (Sec. 63.101)
Incinerator (Sec. 63.111)
In organic hazardous air pollutant service or in organic HAP service 
    (Sec. 63.161)
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)
Oil-water separator or organic-water separator (Sec. 63.111)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
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)
Potential to emit (Sec. 63.2)
Pressure release (Sec. 63.161)
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)
Reactor (Sec. 63.111)
Recapture device (Sec. 63.101)
Repaired (Sec. 63.161)
Research and development facility (Sec. 63.101)
Routed to a process or route to a process (Sec. 63.161)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Specific gravity monitoring device (Sec. 63.111)
Start-up, shutdown, and malfunction plan (Sec. 63.101)
State (Sec. 63.2)
Stationary Source (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)
    (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, hard-piped, or otherwise connected together for a 
continuous flow.
    Annual average batch vent concentration is determined using Equation 
17, as described in Sec. 63.488(h)(2) for halogenated compounds.
    Annual average batch vent flow rate is determined by the procedures 
in Sec. 63.488(e)(3).
    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), with the 
exceptions noted in Sec. 63.501, for the purposes 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), with the exceptions noted in 
Sec. 63.501, for the purposes of this subpart.
    Average batch vent concentration is determined by the procedures in 
Sec. 63.488(b)(5)(iii) for HAP concentrations and is determined by the 
procedures in

[[Page 515]]

Sec. 63.488(h)(1)(iii) for organic compounds containing halogens and 
hydrogen halides.
    Average batch vent flow rate is determined by the procedures in 
Sec. 63.488(e)(1) and (e)(2).
    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 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 process vent with annual 
organic HAP emissions greater than 225 kilograms per year from a batch 
unit operation within an affected source and located in the front-end of 
a process unit. Annual organic HAP emissions are determined as specified 
in Sec. 63.488(b) at the location specified in Sec. 63.488(a)(2).
    Batch mass input limitation means an enforceable restriction on the 
total mass of HAP or material that can be input to a batch unit 
operation in one year.
    Batch mode means the discontinuous bulk movement of material through 
a unit operation. Mass, temperature, concentration, and other properties 
may vary with time. For a unit operation operated in a batch mode (i.e., 
batch unit operation), the addition of material and withdrawal of 
material do not typically occur simultaneously.
    Batch process means, for the purposes of this subpart, a process 
where the reactor(s) is operated in a batch mode.
    Batch unit operation means a unit operation operated in a batch 
mode.
    Block polymer means a polymer where the polymerization is 
controlled, usually by performing discrete polymerization steps, such 
that the final polymer is arranged in a distinct pattern of repeating 
units of the same monomer.
    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.
    Combined vent stream, as used in reference to batch front-end 
process vents, continuous front-end process vents, and aggregate batch 
vent streams, means the emissions from a combination of two or more of 
the aforementioned types of process vents. The primary occurrence of a 
combined vent stream is as combined emissions from a continuous front-
end process vent and a batch front-end process vent.
    Combustion device burner means a device designed to mix and ignite 
fuel and air to provide a flame to heat and oxidize waste organic vapors 
in a combustion device.
    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 elastomer product. A unit 
operation whose primary purpose is to remove residual monomers from 
polymers is not a compounding unit.
    Construction means the on-site fabrication, erection, or 
installation of an affected source. Construction also means the on-site 
fabrication, erection, or installation of a process unit or combination 
of process units which subsequently becomes an affected source or part 
of an affected source, due to a change in primary product.
    Continuous front-end process vent means a process vent located in 
the front-end of a process unit and containing greater than 0.005 weight 
percent total organic HAP from a continuous unit operation within an 
affected source. The total organic HAP weight percent is determined 
after the last recovery device, as described in Sec. 63.115(a), and is 
determined as specified in Sec. 63.115(c).
    Continuous mode means the continuous movement of material through a 
unit operation. Mass, temperature,

[[Page 516]]

concentration, and other properties typically approach steady-state 
conditions. For a unit operation operated in a continuous mode (i.e., 
continuous unit operation), the simultaneous addition of raw material 
and withdrawal of product is typical.
    Continuous process means, for the purposes of this subpart, a 
process where the reactor(s) is operated in a continuous mode.
    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. 63.506(d) or 
(h).
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 1--hour or more frequent block average values.
    Continuous unit operation means a unit operation operated in a 
continuous mode.
    Control device is defined in Sec. 63.111, except that the term 
``continuous front-end process vent'' shall apply instead of the term 
``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 types of products, as 
they are defined in this section:
    (1) Butyl Rubber;
    (2) Halobutyl Rubber;
    (3) Epichlorohydrin Elastomer;
    (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 hard-piping or duct work, used to 
process raw materials and to manufacture an elastomer product as its 
primary product. This collection of equipment includes unit operations; 
recovery operations equipment; process vents; storage vessels, as 
determined in Sec. 63.480(g); equipment that is identified in 
Sec. 63.149; and the equipment that is subject to the equipment leak 
provisions as specified in Sec. 63.502. Utilities, lines and equipment 
not containing process fluids, 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 part of an elastomer product 
process unit. An elastomer product process unit consists of more than 
one unit operation.
    Elastomer type means one of the elastomers listed 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, waste management unit, heat exchange system, or equipment leak, 
or equipment subject to Sec. 63.149.
    Emulsion process means a process where the monomer(s) is dispersed 
in droplets throughout a water phase, with the aid of an emulsifying 
agent such as soap or a synthetic emulsifier. The polymerization occurs 
either within the emulsion droplet or in the aqueous phase.
    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. Epoxies produced by the copolymerization of EPI

[[Page 517]]

and bisphenol A are not epichlorohydrin elastomers.
    Equipment means, for the purposes of the provisions in 
Sec. 63.502(a) through (m) and the requirements in subpart H that are 
referred to in Sec. 63.502(a) through (m), 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 subpart H of this part.
    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 third monomer is added to the reaction sequence. Typical third 
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.
    Existing affected source is defined in Sec. 63.480(a)(3).
    Existing process unit means any process unit that is not a new 
process unit.
    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.
    Flexible operation unit means a process unit that manufactures 
different chemical products, polymers, or resins periodically by 
alternating raw materials or operating conditions. These units are also 
referred to as campaign plants or blocked operations.
    Front-end refers to the unit operations in an EPPU prior to, and 
including, the stripping operations. 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.
    Glass transition temperature means the temperature at which an 
elastomer polymer becomes rigid and brittle.
    Grade means a group of recipes of an elastomer type having similar 
characteristics such as molecular weight, monomer composition, 
significant mooney values, and the presence or absence of extender oil 
and/or carbon black. More than one recipe may be used to produce the 
same grade.
    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 batch vent 
flow rate. Annual organic HAP emissions and annual average batch vent 
flow rate are determined at the exit of the batch unit operation, as 
described in Sec. 63.488(a)(2). Annual organic HAP emissions are 
determined as specified in Sec. 63.488(b), and annual average batch vent 
flow rate is determined as specified in Sec. 63.488(e).
    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 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, is less than or equal to 1.0.
    Group 2 continuous front-end process vent means a continuous front-
end 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, is greater than 1.0.
    Group 1 storage vessel means a storage vessel at an existing 
affected source that meets the applicability criteria

[[Page 518]]

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 wastewater stream consisting of 
process wastewater from an existing or new affected source that meets 
the criteria for Group 1 status in Sec. 63.132(c), with the exceptions 
listed in Sec. 63.501(a)(10) for the purposes of this subpart (i.e., for 
organic HAP listed on Table 5 of this subpart only).
    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/hr or greater 
determined by the procedures presented in Sec. 63.115(d)(2)(v).
    High conversion latex means a latex where all monomers are reacted 
to at least 95 percent conversion.
    Highest-HAP recipe for a product means the recipe of the product 
with the highest total mass of HAP charged to the reactor during the 
production of a single batch of product.
    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.
    Initial start-up means the first time a new or reconstructed 
affected source begins production of an elastomer product, or, for 
equipment added or changed as described in Sec. 63.480(i), the first 
time the equipment is put into operation to produce an elastomer 
product. Initial start-up does not include operation solely for testing 
equipment. Initial start-up does not include subsequent start-ups of an 
affected source or portion thereof following malfunctions or shutdowns 
or following changes in product for flexible operation units or 
following recharging of equipment in batch operation. Further, for 
purposes of Sec. 63.502, initial start-up does not include subsequent 
start-ups of affected sources or portions thereof following malfunctions 
or process unit shutdowns.
    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.
    Maintenance wastewater is defined in Sec. 63.101, except that the 
term ``elastomer product process unit'' shall apply whenever the term 
``chemical manufacturing process unit'' is used. Further, the generation 
of wastewater from the routine rinsing or washing of equipment in batch 
operation between batches is not maintenance wastewater, but is 
considered to be process wastewater, for the purposes of this subpart.
    Maximum true vapor pressure is defined in Sec. 63.111, except that 
the terms ``transfer'' and ``transferred'' shall not apply for the 
purposes of this subpart.
    Multicomponent system means, as used in conjunction with batch 
front-end process vents, a stream whose liquid and/or vapor contains 
more than one compound.
    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.

[[Page 519]]

    New process unit means a process unit for which the construction or 
reconstruction commenced after June 12, 1995.
    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 nitrile butadiene latex.
    On-site or on site means, with respect to records required to be 
maintained by this subpart or required by another subpart referenced by 
this subpart, that 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 affected source or EPPU to which the 
records pertain, or storage in central files elsewhere at the major 
source.
    Operating day means the period defined by the owner or operator in 
the Notification of Compliance Status required by Sec. 63.506(e)(5). The 
operating day is the period for which daily average monitoring values 
and batch cycle daily average monitoring values are determined.
    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 produced or introduced into the manufacturing 
process other than as an impurity; and
    (2) Is listed in Table 2 of subpart F of this part.
    Polybutadiene rubber by solution means a polymer of 1,3-butadiene 
produced using a solution process.
    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 hard-piping or duct work, used to process raw materials and to 
manufacture a product.
    Process vent means a gaseous emission stream from a unit operation 
that is discharged to the atmosphere either directly or after passing 
through one or more control, recovery, or recapture devices. Unit 
operations that may have process vents are condensers, distillation 
units, reactors, or other unit operations within the EPPU. Process vents 
exclude pressure releases, gaseous streams routed to a fuel gas 
system(s), and leaks from equipment regulated under Sec. 63.502. A 
gaseous emission stream is no longer considered to be a process vent 
after the stream has been controlled and monitored in accordance with 
the applicable provisions of this subpart.
    Product means a polymer produced using the same monomers and varying 
in additives (e.g., initiators, terminators, etc.); catalysts; or in the 
relative proportions of monomers, that is manufactured by a process 
unit. With respect to polymers, more than one recipe may be used to 
produce the same product, and there can be more than one grade of a 
product. As an example, styrene butadiene latex and halobutyl rubber 
each represent a different product. Product also means a chemical that 
is not a polymer, that is manufactured by a process unit. By-products, 
isolated intermediates, impurities, wastes, and trace contaminants are 
not considered products.
    Recipe means a specific composition, from among the range of 
possible compositions that may occur within a product, as defined in 
this section. A recipe is determined by the proportions of monomers and, 
if present, other reactants and additives that are used to make the 
recipe. For example, styrene butadiene latex without additives; styrene 
butadiene latex with an additive; and styrene butadiene latex with 
different proportions of styrene to butadiene are all different recipes 
of the same product, styrene butadiene latex.

[[Page 520]]

    Reconstruction means the addition of new components or the 
replacement of existing components at an affected source or at a 
previously unaffected stationary source that becomes an affected source 
as a result of the change, 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 affected source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the provisions of this subpart.
    Recovery device means:
    (1) An individual unit of equipment capable of and normally used for 
the purpose of recovering chemicals for:
    (i) Use;
    (ii) Reuse;
    (iii) Fuel value (i.e., net heating value); or
    (iv) For sale for use, reuse, or fuel value (i.e., net heating 
value).
    (2) 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 the purposes of the 
monitoring, recordkeeping, or reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    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 and recovery or recapture devices used as control 
devices shall not be considered recovery operations equipment.
    Residual is defined in Sec. 63.111, except that when the definition 
in Sec. 63.111 uses the term ``Table 9 compounds,'' the term ``organic 
HAP listed in Table 5 of subpart U of this part'' shall apply, for the 
purposes of this subpart.
    Resin, for the purposes of this subpart, means a polymer with the 
following characteristics:
    (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.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of an affected source, an EPPU within an affected source, a 
waste management unit or unit operation within an affected source, or 
equipment required or used to comply with this subpart, or the emptying 
or degassing of a storage vessel. For purposes of the wastewater 
provisions of Sec. 63.501, shutdown does not include the routine rinsing 
or washing of equipment in batch operation between batches. For purposes 
of the batch front-end process vent provisions in Secs. 63.486 through 
63.492, the cessation of equipment in batch operation is not a shutdown, 
unless the equipment undergoes maintenance, is replaced, or is repaired.
    Solution process means a process where both the monomers and the 
resulting polymers are dissolved in an organic solvent.
    Start-up means the setting into operation of an affected source, an 
EPPU within the affected source, a waste management unit or unit 
operation within an affected source, or equipment required or used to 
comply with this subpart, or a storage vessel after emptying and 
degassing. For both continuous and batch front-end processes, start-up 
includes initial start-up and operation solely for testing equipment. 
For both continuous and batch front-end processes, start-up does not 
include the recharging of equipment in batch operation. For continuous 
front-end processes, start-up includes transitional conditions due to 
changes in product for flexible operation units. For batch front-end 
processes, start-up does not include transitional conditions due to 
changes in product for flexible operation units.
    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 
may occur.

[[Page 521]]

    Storage vessel means a tank or other vessel that is used to store 
liquids that contain one or more organic HAP. 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 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 receivers; and
    (6) Wastewater storage tanks.
    Stripper means a unit operation where stripping occurs.
    Stripping means the removal of organic compounds from a raw 
elastomer product. In the production of an elastomer, stripping is a 
discrete step that occurs after the reactors and before the dryers 
(other than those dryers with a primary purpose of devolitalization) and 
other finishing operations. Examples of types of stripping include steam 
stripping, direct volatilization, chemical stripping, and other methods 
of devolatilization. For the purposes of this subpart, devolatilization 
that occurs in dryers (other than those dryers with a primary purpose of 
devolitalization), extruders, and other finishing operations is not 
stripping.
    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.
    Styrene butadiene rubber by solution means a polymer that consists 
primarily of styrene and butadiene monomer units and is produced using a 
solution process.
    Supplemental combustion air means the air that is added to a vent 
stream after the vent stream leaves the unit operation. Air that is part 
of the vent stream as a result of the nature of the unit operation is 
not considered supplemental combustion air. Air required to operate 
combustion device burner(s) is not considered supplemental combustion 
air. Air required to ensure the proper operation of catalytic oxidizers, 
to include the intermittent addition of air upstream of the catalyst bed 
to maintain a minimum threshold flow rate through the catalyst bed or to 
avoid excessive temperatures in the catalyst bed, is not considered to 
be supplemental combustion air.
    Suspension process means a polymerization process where the 
monomer(s) is in a state of suspension, with the help of suspending 
agents in a medium other than water (typically an organic solvent). The 
resulting polymers are not soluble in the reactor medium.
    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.
    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 continuous front-end process 
vent stream, based on vent stream flow rate, emission rate of organic 
HAP, net heating value, and corrosion properties (whether or not the 
continuous front-end process vent stream contains halogenated 
compounds), as quantified by the equations given under Sec. 63.115, with 
the exceptions noted in Sec. 63.485.
    Vent stream, as used in reference to batch front-end process vents, 
continuous front-end process vents, and aggregate batch vent streams, 
means the emissions from one or more process vents.
    Waste management unit is defined in Sec. 63.111, except that where 
the definition in Sec. 63.111 uses the term ``chemical manufacturing 
process unit,'' the term ``EPPU'' shall apply for the purposes of this 
subpart.
    Wastewater means water that:
    (1) Contains either:
    (i) An annual average concentration of organic HAP listed in Table 5 
of this subpart of at least 5 parts per million by weight and has an 
annual average

[[Page 522]]

flow rate of 0.02 liter per minute or greater; or
    (ii) An annual average concentration of organic HAP listed on Table 
5 of this subpart of at least 10,000 parts per million by weight at any 
flow rate; and
    (2) Is discarded from an EPPU that is part of an affected source. 
Wastewater is process wastewater or maintenance wastewater.
    Wastewater stream means a stream that contains wastewater as defined 
in this section.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 
FR 38044, June 19, 2000]



Sec. 63.483  Emission standards.

    (a) Except as allowed under paragraphs (b) through (d) 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) When emissions of different kinds (i.e., emissions from 
continuous front-end process vents, batch front-end process vents, 
aggregate batch vent streams, storage vessels, process wastewater, and/
or in-process equipment subject to Sec. 63.149) 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 of an affected source shall comply with the requirements of 
either paragraph (b)(1) or (b)(2) of this section, as appropriate. For 
purposes of this paragraph (b), owners or operators of affected sources 
with combined emission streams containing one or more batch front-end 
process vents and containing one or more continuous front-end process 
vents may comply with either paragraph (b)(1) or (b)(2) of this section, 
as appropriate. For purposes of this paragraph (b), owners or operators 
of affected sources with combined emission streams containing one or 
more batch front-end process vents but not containing one or more 
continuous process vents shall comply with paragraph (b)(3) of this 
section.
    (1) Comply with the applicable requirements of this subpart for each 
kind of emission in the stream as specified in paragraphs (a)(1) through 
(a)(6) of this section.
    (2) Comply with the first set of requirements, identified in 
paragraphs (b)(2)(i) through (b)(2)(v) 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 or 
operator 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 (b)(2)(i) through (b)(2)(v) of 
this section constitutes compliance with all other requirements in 
paragraphs (b)(2)(i) through (b)(2)(v) of this section applicable to 
other types of emissions in the combined stream.
    (i) The requirements of this subpart for Group 1 continuous front-
end process vents, including applicable monitoring, recordkeeping, and 
reporting;
    (ii) The requirements of Sec. 63.119(e), as specified in 
Sec. 63.484, for control of emissions from Group 1 storage vessels, 
including applicable monitoring, recordkeeping, and reporting;
    (iii) The requirements of Sec. 63.139, as specified in Sec. 63.501, 
for control devices used to control emissions from waste management 
units, including applicable monitoring, recordkeeping, and reporting;
    (iv) The requirements of Sec. 63.139, as specified in Sec. 63.501, 
for closed vent systems for control of emissions from in-process 
equipment subject to Sec. 63.149, as specified in Sec. 63.501, including 
applicable monitoring, recordkeeping, and reporting; or

[[Page 523]]

    (v) The requirements of this subpart for aggregate batch vent 
streams, including applicable monitoring, recordkeeping, and reporting.
    (3) The owner or operator of an affected source with combined 
emission streams containing one or more batch front-end process vents, 
but not containing one or more continuous front-end process vents, shall 
comply with paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
    (i) The owner or operator of the affected source shall comply with 
Sec. 63.486 for the batch front-end process vent stream(s).
    (ii) The owner or operator of the affected source shall comply with 
either paragraph (b)(1) or (b)(2) of this section, as appropriate, for 
the remaining emission streams.
    (c) 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, back-end process emissions, and wastewater streams and 
associated waste management units within the affected source, to 
different levels using an emissions averaging compliance approach that 
uses the procedures specified in Sec. 63.503. The restrictions 
concerning which emission points may be included in an emissions 
average, including how many emission points may be included, are 
specified in Sec. 63.503(a)(1). An owner or operator electing to use 
emissions averaging shall 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.
    (d) A State may decide not to allow the use of the emissions 
averaging compliance approach specified in paragraph (c) of this 
section.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38048, June 19, 2000]



Sec. 63.484  Storage vessel provisions.

    (a) This section applies to each storage vessel that is assigned to 
an affected source, as determined by Sec. 63.480(g). Except for those 
storage vessels exempted by paragraph (b) of this section, the owner or 
operator of affected sources shall comply with the requirements of 
Secs. 63.119 through 63.123 and 63.148, with the differences noted in 
paragraphs (c) through (s) of this section, for the purposes of this 
subpart.
    (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 latex products other than styrene-
butadiene latex, 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, 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, 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, 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 are 
referred to in Sec. 63.119 and Sec. 63.123, 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, June 12, 
1995 shall apply instead, for the purposes of this subpart.
    (h) When April 22, 1994 is referred to in Sec. 63.119, June 19, 2000 
shall apply instead, for the purposes of this subpart.

[[Page 524]]

    (i) The owner or operator of an affected source shall comply with 
this paragraph instead of Sec. 63.120(d)(1)(ii) for the purposes of this 
subpart. If the control device used to comply with Sec. 63.119(e) is 
also used to comply with any of the requirements found in Secs. 63.485 
through 63.501, the performance test required in or accepted by the 
applicable requirements in Secs. 63.485 through 63.501 is acceptable for 
demonstrating compliance with Sec. 63.119(e), 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), 
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), 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 ``range'' is used in Secs. 63.120(d)(3)(i), 
63.120(d)(5), and 63.122(g)(2), the term ``level'' shall apply instead, 
for the purposes of this subpart.
    (k) For purposes of this subpart, the monitoring plan required by 
Sec. 63.120(d)(2) shall specify for which control devices the owner or 
operator has selected to follow the procedures for continuous monitoring 
specified in Sec. 63.505. For those control devices for which the owner 
or operator has selected to not follow the procedures for continuous 
monitoring specified in Sec. 63.505, the monitoring plan shall include 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), as 
specified in Sec. 63.120(d)(2)(i).
    (l) For purposes of this subpart, the monitoring plan required by 
Sec. 63.122(b) shall be included in the Notification of Compliance 
Status required by Sec. 63.506(e)(5).
    (m) 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 Compliance Status requirements contained in 
Sec. 63.506(e)(5) shall apply for the purposes of this subpart.
    (n) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Secs. 63.120 and 63.122, the Periodic 
Report requirements contained in Sec. 63.506(e)(6) shall apply for the 
purposes of this subpart.
    (o) When other reports as required in Sec. 63.152(d) are referred to 
in Sec. 63.122, the reporting requirements contained in 
Sec. 63.506(e)(7) shall apply for the purposes of this subpart.
    (p) When the Initial Notification requirements contained in 
Sec. 63.151(b) are referred to in Secs. 63.119 through 63.123, for the 
purposes of this subpart the owner or operator of an affected source 
need not comply.
    (q) When the determination of equivalence criteria in Sec. 63.102(b) 
are referred to in Sec. 63.121(a), the provisions in Sec. 63.6(g) shall 
apply for the purposes of this subpart.
    (r) When Sec. 63.119(a) requires compliance according to the 
schedule provisions in Sec. 63.100, owners and operators of affected 
sources shall instead comply with the requirements in Secs. 63.119(a)(1) 
through 63.119(a)(4) by the compliance date for storage vessels, which 
is specified in Sec. 63.481.
    (s) In Sec. 63.120(e)(1), instead of the reference to Sec. 63.11(b), 
the requirements of Sec. 63.504(c) shall apply.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38049, June 19, 2000]



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, except as provided for in 
paragraphs (b) through (v) of this section. The owner or operator of 
continuous front-end process vents that are combined with one or more 
batch front-end process vents shall comply with paragraph (o) or (p) of 
this section.

[[Page 525]]

    (b) When the term ``process vent'' is used in Secs. 63.113 through 
63.118, 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, 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, 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, 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 (i.e., the proposal date for subpart G of 
this part) is referred to in Sec. 63.113, June 12, 1995 shall instead 
apply, for the purposes of this subpart.
    (g) When Secs. 63.151(f), alternative monitoring parameters, and 
63.152(e), submission of an operating permit, are referred to in 
Secs. 63.114(c) and 63.117(e), 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) are referred to in Secs. 63.114, 63.117, and 
63.118, 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) are referred to in Secs. 63.117 and 63.118, 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) is 
referred to in Sec. 63.118(f)(2), the definition of excursion in 
Sec. 63.505(g) and (h) shall apply for the purposes of this subpart.
    (k) When Sec. 63.114(e) specifies that an owner or operator shall 
submit the information required in Sec. 63.152(b) in order to establish 
the parameter monitoring range, the owner or operator of an affected 
source shall comply with the provisions of Sec. 63.505 for establishing 
the parameter monitoring level and shall comply with Sec. 63.506(e)(5) 
for the purposes of reporting information related to the establishment 
of the parameter monitoring level, for the purposes of this subpart. 
Further, the term ``level'' shall apply whenever the term ``range'' is 
used in Secs. 63.114, 63.117, and 63.118.
    (l) When reports of process changes are required under 
Sec. 63.118(g), (h), (i), or (j), paragraphs (l)(1) through (l)(4) of 
this section shall apply for the purposes of this subpart. In addition, 
for the purposes of this subpart paragraph (l)(5) of this section 
applies, and Sec. 63.118(k) does not apply to owners or operators of 
affected sources.
    (1) 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 
front-end process vent to become a Group 1 continuous front-end process 
vent, the owner or operator shall submit a report within 180 days after 
the process change is made or with the next Periodic Report, whichever 
is later. A description of the process change shall be submitted with 
the report of the process change, and the owner or operator of the 
affected source shall comply with the Group 1 provisions in Secs. 63.113 
through 63.118 in accordance with Sec. 63.480(i)(2)(ii) or (i)(2)(iii), 
as applicable.
    (2) Whenever a process change, as defined in Sec. 63.115(e), 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 a report 
within 180 days after the process change is made or with the next 
Periodic Report, whichever is later. A description of the process change 
shall be submitted with the report of the process change, and the owner 
or operator shall comply with the provisions in Sec. 63.113(d) by the 
dates specified in Sec. 63.481.
    (3) Whenever a process change, as defined in Sec. 63.115(e), 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

[[Page 526]]

(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 a report within 180 days 
after the process change is made or with the next Periodic Report, 
whichever is later. A description of the process change shall be 
submitted with the report of the process change, and the owner or 
operator shall comply with the provisions in Sec. 63.113(d) by the dates 
specified in Sec. 63.481.
    (4) Whenever a process change, as defined in Sec. 63.115(e), 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 a report within 180 
days after the process change is made or with the next Periodic Report, 
whichever is later. A description of the process change shall be 
submitted with the report of the process change, and the owner or 
operator shall comply with the provisions in Sec. 63.113(d) by the dates 
specified in Sec. 63.481.
    (5) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in paragraphs (l)(5)(i), 
(l)(5)(ii), (l)(5)(iii), or (l)(5)(iv) of this section is met.
    (i) The change does not meet the description of a process change in 
Sec. 63.115(e);
    (ii) The vent stream flow rate is recalculated according to 
Sec. 63.115(e) and the recalculated value is less than 0.005 standard 
cubic meter per minute;
    (iii) The organic HAP concentration of the vent stream is 
recalculated according to Sec. 63.115(e) and the recalculated value is 
less than 50 parts per million by volume; or
    (iv) The TRE index value is recalculated according to Sec. 63.115(e) 
and the recalculated value is greater than 4.0.
    (m) When Sec. 63.118 (periodic reporting and recordkeeping 
requirements) refers to Sec. 63.152(f), the recordkeeping requirements 
in Sec. 63.506(d) shall apply for the purposes of this subpart.
    (n) When Secs. 63.115 and 63.116 refer to Table 2 of subpart F of 
this part, the owner or operator is only required to consider organic 
HAP listed on Table 5 of this subpart, for the purposes of this subpart.
    (o) If a batch front-end process vent or aggregate batch vent stream 
is combined with a continuous front-end process vent, the owner or 
operator of the affected source containing the combined vent stream 
shall comply with paragraph (o)(1); with paragraph (o)(2) and with 
paragraph (o)(3) or (o)(4); or with paragraph (o)(5) of this section, as 
appropriate.
    (1) If a batch front-end process vent or aggregate batch vent stream 
is combined with a Group 1 continuous front-end process vent prior to 
the combined vent stream being routed to a control device, the owner or 
operator of the affected source containing the combined vent stream 
shall comply with the requirements in paragraph (o)(1)(i) or (o)(1)(ii) 
of this section.
    (i) All requirements for a Group 1 process vent stream in 
Secs. 63.113 through 63.118, except as otherwise provided in this 
section. As specified in Sec. 63.504(a)(1), performance tests shall be 
conducted at maximum representative operating conditions. For the 
purpose of conducting a performance test on a combined vent stream, 
maximum representative operating conditions shall be when batch emission 
episodes are occurring that result in the highest organic HAP emission 
rate (for the combined vent stream) that is achievable during one of the 
periods listed in Sec. 63.504(a)(1)(i) or Sec. 63.504(a)(1)(ii), without 
causing any of the situations described in paragraphs (o)(1)(i)(A) 
through (o)(1)(i)(C) of this section to occur.
    (A) Causing damage to equipment;
    (B) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (C) Necessitating that the owner or operator make product in excess 
of demand.
    (ii) Comply with the provisions in Sec. 63.483(b)(1), as allowed 
under Sec. 63.483(b).

[[Page 527]]

    (2) If a batch front-end process vent or aggregate batch vent stream 
is combined with a continuous front-end process vent prior to the 
combined vent stream being routed to a recovery device, the TRE index 
value for the combined vent stream shall be calculated at the exit of 
the last recovery device. The TRE shall be calculated during periods 
when one or more batch emission episodes are occurring that result in 
the highest organic HAP emission rate (in the combined vent stream that 
is being routed to the recovery device) that is achievable during the 6-
month period that begins 3 months before and ends 3 months after the TRE 
calculation, without causing any of the situations described in 
paragraphs (o)(2)(i) through (o)(2)(iii) of this section to occur.
    (i) Causing damage to equipment;
    (ii) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (iii) Necessitating that the owner or operator make product in 
excess of demand.
    (3) If the combined vent stream described in paragraph (o)(2) of 
this section meets the requirements in paragraphs (o)(3)(i), (o)(3)(ii), 
and (o)(3)(iii) of this section, the combined vent stream shall be 
subject to the requirements for Group 1 process vents in Secs. 63.113 
through 63.118, except as otherwise provided in this section, as 
applicable. Performance tests for the combined vent stream shall be 
conducted at maximum representative operating conditions, as described 
in paragraph (o)(1) of this section.
    (i) The TRE index value of the combined stream is less than or equal 
to 1.0;
    (ii) The flow rate of the combined vent stream is greater than or 
equal to 0.005 standard cubic meter per minute; and
    (iii) The total organic HAP concentration is greater than or equal 
to 50 parts per million by volume for the combined vent stream.
    (4) If the combined vent stream described in paragraph (o)(2) of 
this section meets the requirements in paragraph (o)(4)(i), (ii), or 
(iii) of this section, the combined vent stream shall be subject to the 
requirements for Group 2 process vents in Secs. 63.113 through 63.118, 
except as otherwise provided in this section, as applicable.
    (i) The TRE index value of the combined vent stream is greater than 
1.0;
    (ii) The flow rate of the combined vent stream is less than 0.005 
standard cubic meter per minute; or
    (iii) The total organic HAP concentration is less than 50 parts per 
million by volume for the combined vent stream.
    (5) If a batch front-end process vent or aggregate batch vent stream 
is combined with a Group 2 continuous front-end process vent, the owner 
or operator shall comply with the requirements in either paragraph 
(o)(5)(i) or (o)(5)(ii) of this section.
    (i) The owner or operator shall comply with the requirements in 
Secs. 63.113 through 63.118 for Group 1 process vents; or
    (ii) The owner or operator shall comply with Sec. 63.487(e)(2) for 
batch front-end process vents and aggregate batch vent streams.
    (p) If any gas stream that originates outside of an affected source 
that is subject to this subpart is normally conducted through the same 
final recovery device as any continuous front-end process vent stream 
subject to this subpart, the combined vent stream shall comply with all 
requirements in Secs. 63.113 through 63.118, except as otherwise 
provided in this section, as applicable.
    (1) Instead of measuring the vent stream flow rate at the sampling 
site specified in Sec. 63.115(b)(1), the sampling site for vent stream 
flow rate shall be prior to the final recovery device and prior to the 
point at which the gas stream that is not controlled under this subpart 
is introduced into the combined vent stream.
    (2) Instead of measuring total organic HAP or TOC concentrations at 
the sampling site specified in Sec. 63.115(c)(1), the sampling site for 
total organic HAP or TOC concentration shall be prior to the final 
recovery device and prior to the point at which the gas stream that is 
not controlled under this subpart is introduced into the combined vent 
stream.

[[Page 528]]

    (3) The efficiency of the final recovery device (determined 
according to paragraph (p)(4) of this section) shall be applied to the 
total organic HAP or TOC concentration measured at the sampling site 
described in paragraph (p)(2) of this section to determine the exit 
concentration. This exit concentration of total organic HAP or TOC shall 
then be used to perform the calculations outlined in 
Sec. 63.115(d)(2)(iii) and Sec. 63.115(d)(2)(iv), for the combined vent 
stream exiting the final recovery device.
    (4) The efficiency of the final recovery device is determined by 
measuring the total organic HAP or TOC concentration using Method 18 or 
25A, 40 CFR part 60, appendix A, at the inlet to the final recovery 
device after the introduction of any gas stream that is not controlled 
under this subpart, and at the outlet of the final recovery device.
    (q) Group 1 halogenated continuous front-end process vents described 
in either paragraph (q)(1) or (q)(2) of this section are exempt from the 
requirements to control hydrogen halides and halogens from the outlet of 
combustion devices contained in Sec. 63.113(a)(1)(ii) and 
Sec. 63.113(c).
    (1) Group 1 halogenated continuous front-end process vents at 
existing affected sources producing butyl rubber, halobutyl rubber, or 
ethylene propylene rubber using a solution process, if the conditions in 
paragraphs (q)(1)(i) and (ii) of this section are met. Group 1 
halogenated continuous front-end process vents at new affected sources 
producing butyl rubber, halobutyl rubber, or ethylene propylene rubber 
using a solution process are not exempt from Sec. 63.113(a)(1)(ii) and 
Sec. 63.113(c).
    (i) If the halogenated continuous front-end process vent stream was 
controlled by a combustion device prior to June 12, 1995; and
    (ii) If the requirements of Sec. 63.113(a)(2); Sec. 63.113(a)(3); 
Sec. 63.113(b) and the associated testing requirements in Sec. 63.116; 
or Sec. 63.11(b) and Sec. 63.504(c) are met.
    (2) Group 1 halogenated continuous front-end process vents at new 
and existing affected sources producing an elastomer using a gas-phased 
reaction process, provided that the requirements of Sec. 63.113(a)(2); 
Sec. 63.113(a)(3); Sec. 63.113(b) and the associated testing 
requirements in Sec. 63.116; or Sec. 63.11(b) and Sec. 63.504(c) are 
met.
    (r) The compliance date for continuous front-end process vents 
subject to the provisions of this section is specified in Sec. 63.481.
    (s) 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) through (3), an owner or operator will be permitted to 
route emissions of organic HAP to an internal combustion engine, 
provided the conditions listed in paragraphs (s)(1) through (s)(5) 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 internal combustion engine is operating at all times that 
organic HAP emissions are being routed to it. The owner or operator 
shall demonstrate that the internal combustion engine is operating by 
continuously monitoring the on/off status of the internal combustion 
engine.
    (4) The owner or operator shall maintain hourly records verifying 
that the internal combustion engine was operating at all times that 
emissions were routed to it.
    (5) The owner or operator shall include in the Periodic Report a 
report of all times that the internal combustion engine was not 
operating while emissions were being routed to it.
    (6) If an internal combustion engine meeting the requirements of 
paragraphs (s)(1) through (5) of this section is used to comply with the 
provisions of Sec. 63.113(a), the internal combustion engine is exempt 
from the source testing requirements of Sec. 63.116.
    (t) 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 conform 
with the requirements in paragraphs (t)(1) and (t)(2) of this section.

[[Page 529]]

    (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.
    (u) In Sec. 63.116(a), instead of the reference to Sec. 63.11(b), 
the requirements in Sec. 63.504(c) shall apply.
    (v) When a combustion device is used to comply with the 20 parts per 
million by volume outlet concentration standard specified in 
Sec. 63.113(a)(2), the correction to 3 percent oxygen is only required 
when supplemental combustion air is used to combust the emissions, for 
the purposes of this subpart. In addition, the correction to 3 percent 
oxygen specified in Sec. 63.116(c)(3) and (c)(3)(iii) is only required 
when supplemental combustion air is used to combust the emissions, for 
the purposes of this subpart. Finally, when a combustion device is used 
to comply with the 20 parts per million by volume outlet concentration 
standard specified in Sec. 63.113(a)(2), an owner or operator shall 
record and report the outlet concentration required in 
Sec. 63.117(a)(4)(ii) and (a)(4)(iv) corrected to 3 percent oxygen when 
supplemental combustion air is used to combust the emissions, for the 
purposes of this subpart. When supplemental combustion air is not used 
to combust the emissions, an owner or operator may record and report the 
outlet concentration required in Sec. 63.117(a)(4)(ii) and (a)(4)(iv) on 
an uncorrected basis or corrected to 3 percent oxygen, for the purposes 
of this subpart.

[65 FR 38049, June 19, 2000]



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. 
Owners or operators of affected sources with 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 in Sec. 63.490, the 
recordkeeping requirements in Sec. 63.491, and the reporting 
requirements in Sec. 63.492. Owners and operators of all Group 2 batch 
front-end process vents shall comply with the applicable reference 
control technology requirements in Sec. 63.487, the applicable 
recordkeeping requirements in Sec. 63.491, and the applicable 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 
specified in Sec. 63.487(b), as well as the monitoring, testing, 
recordkeeping, and reporting requirements specified in Secs. 63.489 
through 63.492 for aggregate batch vent streams.

[65 FR 38052, June 19, 2000]



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

    (a) Batch front-end process vents. The owner or operator of an 
affected source with 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 may 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 owner or operator of the affected source hall comply with 
the requirements of Sec. 63.504(c) for the flare.
    (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

[[Page 530]]

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 may be based on 
either organic HAP or TOC.
    (1) For each aggregate batch vent stream, reduce organic HAP 
emissions using a flare.
    (i) The owner or operator of the affected source shall comply with 
the requirements of Sec. 63.504(c) for the flare.
    (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 or to a concentration of 20 parts per 
million by volume, whichever is less stringent, on a continuous basis 
using a control device. For combustion devices, the emission reduction 
or concentration shall be calculated on a dry basis, corrected to 3 
percent oxygen.
    (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 exiting the 
combustion device shall be ducted to a halogen reduction device that 
reduces overall emissions of hydrogen halides and halogens by at least 
99 percent before discharge to the atmosphere.
    (2) A halogen reduction 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 shall 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. If a batch front-
end process vent or aggregate batch vent stream is combined with a 
continuous front-end process vent, the owner or operator shall determine 
whether the combined vent stream is subject to the provisions of 
Secs. 63.486 through 63.492 according to paragraphs (e)(1) and (e)(2) of 
this section.
    (1) A batch front-end process vent or aggregate batch vent stream 
combined with a continuous front-end process vent stream is not subject 
to the provisions of Secs. 63.486 through 63.492, if the requirements in 
paragraph (e)(1)(i) and in either paragraph (e)(1)(ii) or (e)(1)(iii) 
are met.
    (i) 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 
Sec. 63.502.
    (ii) The batch front-end vent stream or aggregate batch vent stream 
is combined with a Group 1 continuous front-end process vent stream 
prior to the combined vent stream being routed to a control device. In 
this paragraph (e)(1)(ii), the definition of control device as it 
relates to continuous front-end process vents shall be used. 
Furthermore, the combined vent stream discussed in this paragraph 
(e)(1)(ii) shall be subject to Sec. 63.485(o)(1).
    (iii) 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. In this paragraph

[[Page 531]]

(e)(1)(iii), the definition of recovery device as it relates to 
continuous front-end process vents shall be used. Furthermore, the 
combined vent stream discussed in this paragraph (e)(1)(iii) shall be 
subject to Sec. 63.485(o)(2).
    (2) If the batch front-end process vent or aggregate batch vent 
stream is combined with a Group 2 continuous front-end process vent, the 
group status of the batch front-end process vent shall be determined 
prior to its combination with the Group 2 continuous front-end process 
vent, in accordance with Sec. 63.488, and the combined vent stream shall 
be subject to the requirements for aggregate batch vent streams in 
Secs. 63.486 through 63.492.
    (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 paragraph (f)(1), (f)(2), or (h) of 
this section.
    (1) The owner or operator shall comply with the requirements in 
paragraphs (f)(1)(i) through (f)(1)(iv) of this section.
    (i) The owner or operator shall establish a batch mass input 
limitation that ensures that the Group 2 batch front-end process vent 
does not become a Group 1 batch front-end process vent.
    (ii) Over the course of the affected source's ``year,'' as reported 
in the Notification of Compliance Status in accordance with 
Sec. 63.506(e)(5)(iv), the owner or operator shall not charge a mass of 
HAP or material to the batch unit operation that is greater than the 
level established as the batch mass input limitation.
    (iii) The owner or operator of an affected source shall comply with 
the recordkeeping requirements in Sec. 63.491(d)(2), and the reporting 
requirements in Sec. 63.492(a)(3), (b) and (c).
    (iv) The owner or operator of an affected source shall comply with 
Sec. 63.488(i) when process changes are made.
    (2) Comply with the requirements of this subpart for Group 1 batch 
front-end process vents.
    (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 
paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this section.
    (1) The owner or operator of the affected source shall comply with 
the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this 
section.
    (i) The owner or operator shall establish a batch mass input 
limitation that ensures emissions do not exceed the appropriate level 
specified in Sec. 63.488(d).
    (ii) Over the course of the affected source's ``year,'' as reported 
in the Notification of Compliance Status in accordance with 
Sec. 63.506(e)(5)(iv), the owner or operator shall not charge a mass of 
HAP or material to the batch unit operation that is greater than the 
level established as the batch mass input limitation.
    (iii) The owner or operator of the affected source shall comply with 
the recordkeeping requirements in Sec. 63.491(d)(1), and the reporting 
requirements in Sec. 63.492(a)(2), (b), and (c).
    (iv) The owner or operator of the affected source shall comply with 
Sec. 63.488(i) when process changes are made.
    (2) Comply with the requirements of paragraph (f)(1) of this 
section;
    (3) Comply with the requirements of paragraph (f)(2) of this 
section; or
    (4) Comply with the requirements of paragraph (h) of this section.
    (h) Owners or operators of Group 2 batch front-end process vents are 
not required to establish a batch mass input limitation if the batch 
front-end process vent is Group 2 at the conditions specified in 
paragraphs (h)(1) and (h)(2) of this section and if the owner or 
operator complies with the recordkeeping provisions in 
Secs. 63.491(a)(1) through (3), 63.491(a)(9), and 63.491(a)(4) through 
(6) as applicable, and the reporting requirements in Sec. 63.492(a)(5) 
and (6) and (b).
    (1) Emissions for the single highest-HAP recipe (considering all 
products that are produced in the batch unit operation) are used in the 
group determination; and

[[Page 532]]

    (2) The group determination assumes that the batch unit operation is 
operating at the maximum design capacity of the EPPU for 12 months.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 
FR 38052, June 19, 2000]



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 (g) shall be 
followed to determine the group status of each batch front-end process 
vent. This determination shall be made in accordance with either 
paragraph (a)(1)(i) or (a)(1)(ii) of this section.
    (i) An owner or operator may choose to determine the group status of 
a batch front-end process vent based on the expected mix of products. 
For each product, emission characteristics of the single highest-HAP 
recipe, as defined in paragraph (a)(1)(iii) of this section, for that 
product, shall be used in the procedures in paragraphs (b) through (i) 
of this section.
    (ii) An owner or operator may choose to determine the group status 
of a batch front-end process vent based on annualized production of the 
single highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this 
section, considering all products produced or processed in the batch 
unit operation. The annualized production of the highest-HAP recipe 
shall be based exclusively on the production of the single highest-HAP 
recipe of all products produced or processed in the batch unit operation 
for a 12 month period. The production level used may be the actual 
production rate. It is not necessary to assume a maximum production rate 
(i.e., 8,760 hours per year at maximum design production).
    (iii) The single highest-HAP recipe for a product means the recipe 
of the product with the highest total mass of HAP charged to the reactor 
during the production of a single batch of product.
    (2) The annual uncontrolled organic HAP or TOC emissions and annual 
average batch vent 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 reactor or 
distillation column, the primary condenser recovering monomer, reaction 
products, by-products, or solvent from a stripper operated in batch 
mode, and the primary condenser recovering monomer, reaction products, 
by-products, or solvent from a distillation operation operated in batch 
mode 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. To estimate emissions from a 
batch emissions episode, owners or operators may use either the 
emissions estimation equations in paragraphs (b)(1) through (b)(4) of 
this section, or direct measurement as specified in paragraph (b)(5) of 
this section. Engineering assessment may also be used to estimate 
emissions from a batch emission episode, but only under the conditions 
described in paragraph

[[Page 533]]

(b)(6) of this section. In using the emissions estimation equations in 
paragraphs (b)(1) through (b)(4) of this section, individual component 
vapor pressure and molecular weight may be obtained from standard 
references. Methods to determine individual HAP partial pressures in 
multicomponent systems are described in paragraph (b)(9) of this 
section. Other variables in the emissions estimation equations may be 
obtained through direct measurement, as defined in paragraph (b)(5) of 
this section, through engineering assessment, as defined in paragraph 
(b)(6)(ii) of this section, by process knowledge, or by any other 
appropriate means. Assumptions used in determining these variables must 
be documented. Once emissions for the batch emission episode have been 
determined using either the emissions estimation equations, direct 
measurement, or engineering assessment, 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] TR19JN00.000

Where:

Eepisode = Emissions, kg/episode.
Vves = Volume of vessel, m\3\.
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)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/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] TR19JN00.001

Where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
Vdr = Volumetric gas displacement rate, m\3\/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)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/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 is not applicable 
          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.

[[Page 534]]

[GRAPHIC] [TIFF OMITTED] TR19JN00.002

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, m\3\.
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)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/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] TR19JN00.003

Where:

Eepisode = Emissions, kg/episode.
(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 is not applicable 
          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 total organic HAP in the displaced 
          gas stream, determined in accordance with paragraph 
          (b)(4)(i)(D) of this section.

    (B) The moles of gas displaced, , is calculated 
using equation 5.
[GRAPHIC] [TIFF OMITTED] TR19JN00.004

Where:

 = Number of kg-moles of gas displaced.
Vfs = Volume of free space in the vessel, m\3\.
R = Ideal gas constant, 8.314 m \3\kPa/kmolK.
Pa1 = Initial noncondensible gas partial pressure in the 
          vessel, kPa.
Pa2 = Final noncondensible gas partial 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] TR19JN00.005


[[Page 535]]


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 is not applicable 
          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 
7:
[GRAPHIC] [TIFF OMITTED] TR19JN00.006

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 at or 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 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] TR19JN00.007


[[Page 536]]


Where:

Eepisode = Emissions, kg/episode.
yi = Saturated mole fraction of all TOC or organic HAP in the 
          vapor phase.
Vfs = Volume of the free space in the vessel, m\3\.
PT = Pressure of the 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.
R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
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 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 shall 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 front-end 
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) Annual average batch vent 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, 40 CFR part 60, appendix A shall 
conform with the requirements in 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 average batch vent concentration of TOC or total 
organic HAP, emissions shall be calculated using Equation 8.
[GRAPHIC] [TIFF OMITTED] TR19JN00.008

Where:

Episode = 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 batch vent 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 organic HAP component 
          j of the gas stream, dry basis, gm/gm-mole.
AFR = Average batch vent flow rate of gas stream, dry basis, scmm.
Th = Hours/episode

[[Page 537]]

n = Number of organic HAP in stream. Note: Summation not applicable 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 the average batch vent 
concentration of TOC or total organic HAP, 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] TR19JN00.009

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 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 applicable 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 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) Engineering assessment may be used to estimate emissions from a 
batch emission episode, if the criteria in paragraph (b)(6)(i) are met. 
Data or other information used to demonstrate that the criteria in 
paragraph (b)(6)(i) of this section have been met shall be reported as 
specified in paragraph (b)(6)(iii) of this section. Paragraph (b)(6)(ii) 
of this section defines engineering assessment, for the purposes of 
estimating emissions from a batch emissions episode. All data, 
assumptions, and procedures used in an engineering assessment shall be 
documented.
    (i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or (C) 
are met for a specific batch emission episode, the owner or operator may 
use engineering assessment, as described in paragraph (b)(6)(ii) of this 
section, to estimate emissions from that batch emission episode, and the 
owner or operator is not required to use the emissions estimation 
equations described in paragraphs (b)(1) through (b)(4) of this section 
to estimate emissions from that batch emission episode.
    (A) Previous test data, where the measurement of organic HAP or TOC 
emissions was an outcome of the test, show a greater than 20 percent 
discrepancy between the test value and the value estimated using the 
applicable equations in paragraphs (b)(1) through (b)(4) of this 
section. Paragraphs (b)(6)(i)(A)(1) and (2) of this section describe 
test data that will be acceptable under this paragraph (b)(6)(i)(A).
    (1) Test data for the batch emission episode obtained during 
production of the product for which the demonstration is being made.
    (2) Test data obtained for a batch emission episode from another 
process train, where the test data were obtained during production of 
the product for which the demonstration is being made. Test data from 
another process train may be used only if the owner or operator can 
demonstrate that the data are representative of the batch emission 
episode for which the demonstration is being made, taking into account 
the nature, size, operating conditions, production rate, and sequence of 
process steps (e.g., reaction, distillation, etc.) of the equipment in 
the other process train.
    (B) Previous test data obtained during the production of the product 
for which the demonstration is being made, for the batch emission 
episode with the highest organic HAP emissions on a mass basis, show a 
greater than 20 percent discrepancy between the test value and the value 
estimated

[[Page 538]]

using the applicable equations in paragraphs (b)(1) through (b)(4) of 
this section. If the criteria in this paragraph (b)(6)(i)(B) are met, 
then engineering assessment may be used for all batch emission episodes 
associated with that batch cycle for that batch unit operation.
    (C) The owner or operator has requested approval to use engineering 
assessment to estimate emissions from a batch emissions episode. The 
request to use engineering assessment to estimate emissions from a batch 
emissions episode shall contain sufficient information and data to 
demonstrate to the Administrator that engineering assessment is an 
accurate means of estimating emissions for that particular batch 
emissions episode. The request to use engineering assessment to estimate 
emissions for a batch emissions episode shall be submitted in the 
Precompliance Report required under Sec. 63.506(e)(3).
    (ii) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results, provided the test was representative of 
current operating practices.
    (B) Bench-scale or pilot-scale test data obtained under conditions 
representative of current process 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;
    (3) Estimation of TOC or organic HAP concentrations based on 
saturation conditions; and
    (4) Estimation of TOC or organic HAP concentrations based on grab 
samples of the liquid or vapor.
    (iii) Data or other information used to demonstrate that the 
criteria in paragraph (b)(6)(i) of this section have been met shall be 
reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B) of 
this section.
    (A) Data or other information used to demonstrate that the criteria 
in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met 
shall be reported in the Notification of Compliance Status, as required 
in Sec. 63.492(a)(6).
    (B) The request for approval to use engineering assessment to 
estimate emissions from a batch emissions episode as allowed under 
paragraph (b)(6)(i)(C) of this section, and sufficient data or other 
information for demonstrating to the Administrator that engineering 
assessment is an accurate means of estimating emissions for that 
particular batch emissions episode shall be submitted with 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.


[[Page 539]]


    (9) Individual HAP partial pressures in multicomponent systems shall 
be determined using the appropriate method specified in paragraphs 
(b)(9)(i) through (b)(9)(iii) of this section.
    (i) If the components are miscible, use Raoult's law to calculate 
the partial pressures;
    (ii) If the solution is a dilute aqueous mixture, use Henry's law 
constants to calculate partial pressures;
    (iii) If Raoult's law or Henry's law are not appropriate or 
available, the owner or operator may use any of the options in 
paragraphs (b)(9)(iii)(A), (B), or (C) of this section.
    (A) Experimentally obtained activity coefficients, Henry's law 
constants, or solubility data;
    (B) Models, such as group-contribution models, to predict activity 
coefficients; or
    (C) Assume the components of the system behave independently and use 
the summation of all vapor pressures from the HAP as the total HAP 
partial pressure.
    (c) [Reserved]
    (d) Minimum emission level exemption. A batch front-end process vent 
with annual emissions of TOC or organic HAP 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). Annual emissions of TOC or 
organic HAP are determined at the exit of the batch unit operation, as 
described in paragraph (a)(2) of this section, and are determined as 
specified in paragraph (b) of this section. 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 batch vent flow rate and annual average 
batch vent flow rate. The owner or operator shall determine the average 
batch vent 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 batch vent 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 batch vent 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 (FRi) 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 batch vent flow rate for a batch emission episode 
shall be calculated using Equation 13.
Where:
[GRAPHIC] [TIFF OMITTED] TR19JN00.010


AFRepisode = Average batch vent 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 batch vent 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 batch vent flow rate for a batch front-end 
process vent shall be calculated using Equation 14.
[GRAPHIC] [TIFF OMITTED] TR19JN00.011


[[Page 540]]


Where:

AFR = Annual average batch vent flow rate for the batch front-end 
          process vent, scmm.
DURi = Duration of type i batch emission episodes annually, 
          hr/yr.
AFRepisode,i = Average batch vent 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 batch vent 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 batch vent 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 batch 
vent 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 after the last recovery device (if any recovery devices are 
present), 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) Average 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, 40 CFR part 63, appendix A.
    (2) The annual mass emissions of halogen atoms for a batch front-end 
process vent shall be calculated using Equation 16.
[GRAPHIC] [TIFF OMITTED] TR19JN00.012

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 batch vent 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.

[[Page 541]]

    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 = Annual average batch vent concentration of 
halogenated compound j in the batch front-end process vent, as 
determined by using Equation 17, dry basis, ppmv. where:

[GRAPHIC] [TIFF OMITTED] TR19JN00.013

Where:

    DURi = Duration of type i batch emission episodes 
annually, hr/yr.
    Ci = Average batch vent 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 and that could reasonably be expected to change one or 
more Group 2 batch front-end process vents to Group 1 batch front-end 
process vents or that could reasonably be expected to reduce the batch 
mass input limitation for one or more Group 2 batch front-end process 
vents, the owner or operator of the affected source shall comply with 
paragraphs (i)(2) and (i)(3) of this section.
    (1) Examples of process changes include the changes listed in 
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section.
    (i) For all batch front-end process vents, examples of process 
changes include, but are not limited to, changes in 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; or increases 
in production capacity or production rate. 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.
    (ii) For Group 2 batch front-end process vents where the group 
determination and batch mass input limitation are based on the expected 
mix of products, the situations described in paragraphs (i)(1)(ii)(A) 
and (B) of this section shall be considered to be process changes.
    (A) The production of combinations of products not considered in 
establishing the batch mass input limitation.
    (B) The production of a recipe of a product with a total mass of HAP 
charged to the reactor during the production of a single batch of 
product that is higher than the total mass of HAP for the recipe used as 
the single highest-HAP recipe for that product in the batch mass input 
limitation determination.
    (iii) For Group 2 batch front-end process vents where the group 
determination and batch mass input limitation are based on the single 
highest-HAP recipe (considering all products produced or processed in 
the batch unit operation), the production of a recipe having a total 
mass of HAP charged to the reactor (during the production of a single 
batch of product) that is higher than the total mass of HAP for the 
highest-HAP recipe used in the batch mass input limitation determination 
shall be considered to be a process change.
    (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, may be used to 
determine the effects of the process change.

[[Page 542]]

    (3) Based on the results of paragraph (i)(2) of this section, owners 
or operators of affected sources shall comply with either paragraph 
(i)(3)(i), (ii), or (iii) of this section.
    (i) If the group 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 of the affected source shall submit a 
report as specified in Sec. 63.492(b) and shall comply with the Group 1 
provisions in Secs. 63.487 through 63.492 in accordance with 
Sec. 63.480(i)(2)(ii) or (i)(2)(iii), as applicable.
    (ii) If the redetermination described in paragraph (i)(2) of this 
section indicates that a Group 2 batch front-end 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 of the affected source 
shall comply with the provisions in paragraphs (i)(3)(ii)(A) through (C) 
of this section.
    (A) Redetermine the batch mass input limitation;
    (B) Submit a report as specified in Sec. 63.492(c); and
    (C) Comply with Sec. 63.487(f), beginning with the year following 
the submittal of the report submitted according to paragraph 
(i)(3)(ii)(B) of this section.
    (iii) If the group 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 of the affected source shall comply 
with paragraphs (i)(3)(iii)(A) and (i)(3)(iii)(B) of this section.
    (A) The owner or operator shall redetermine the batch mass input 
limitation; and
    (B) The owner or operator shall submit the new batch mass input 
limitation in accordance with Sec. 63.492(c).

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 
FR 38054, June 19, 2000]



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

    (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. All monitoring equipment shall be 
installed, calibrated, maintained, and operated 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) 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) Except as otherwise provided in this subpart, the owner or 
operator shall operate control devices such that the daily average of 
monitored parameters, established as specified in paragraph (e) of this 
section, remains above the minimum level or below the maximum level, as 
appropriate.
    (b) Batch front-end process vent and aggregate batch vent stream 
monitoring equipment. 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

[[Page 543]]

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 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; and
    (ii) A flow measurement device 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 (b)(4)(ii)(A) through (b)(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, 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. 63.506(a).
    (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 
steam flow, nitrogen flow, or pressure monitoring device having an 
accuracy of 10 percent of the flow rate, level, or pressure, 
or better, capable of recording the total regeneration steam flow or 
nitrogen flow, or pressure (gauge or absolute) 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 (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. 63.492(e) and Sec. 63.506(f). Approval

[[Page 544]]

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) 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 (d).
    (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 damper or 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 damper or 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).
    (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) or (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 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. The level 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. 63.490, provided that the prior performance 
test meets the conditions of Sec. 63.490(b)(3).
    (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 
emission reduction requirement of 90 percent 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 time(s) at which an operating day begins and ends. The 
operating day shall not exceed 24 hours.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38059, June 19, 2000]



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 of an 
affected source shall comply with Sec. 63.504(c).
    (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. 63.487(a)(2).

[[Page 545]]

    (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 regulation promulgated by the EPA and the 
test was conducted using the same Methods specified in this section and 
either no deliberate 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) Batch front-end process vent testing and procedures for 
compliance with Sec. 63.487(a)(2). Except as provided in paragraph (a) 
or (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 (c), 
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 
shall 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 front-end 
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, except that references to particulate matter in 
Method 1A do not apply for the purposes of this subpart. 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

[[Page 546]]

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 batch vent 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. Alternatively, any other method or data that has been 
validated according to the applicable procedures in Method 301, 40 CFR 
part 63, appendix A, may be used. The use of Method 25A, 40 CFR part 60, 
appendix A shall conform with the requirements in 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 batch emission 
episode to determine the average batch vent concentration of TOC or 
total organic HAP, emissions per batch emission episode shall be 
calculated using Equations 18 and 19.
[GRAPHIC] [TIFF OMITTED] TR19JN00.014

[GRAPHIC] [TIFF OMITTED] TR19JN00.015

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 
          organic HAP component j of the gas stream for the batch 
          emission episode, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP 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 is not applicable 
          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 the average batch vent 
concentration of TOC or total organic HAP, 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.

[[Page 547]]

[GRAPHIC] [TIFF OMITTED] TR19JN00.016

[GRAPHIC] [TIFF OMITTED] TR19JN00.017

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 is not applicable 
          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 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, respectively, exiting the combustion device.
    (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, shall 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.

[[Page 548]]

[GRAPHIC] [TIFF OMITTED] TR19JN00.018

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 halogen reduction device used to reduce halogen 
emissions in complying with Sec. 63.487(c)(1) or at the outlet of the 
halogen reduction 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 batch vent 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 halogen reduction 
device shall be summed together. The mass emissions of any hydrogen 
halides or halogens present at the outlet of the scrubber or other 
halogen reduction 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 and multiplying by 100.
    (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 halogen reduction device and 
prior to any combustion device shall be summed together and compared to 
the emission limit specified in Sec. 63.487(c)(2).

[[Page 549]]

    (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, 40 CFR part 63, appendix A.
    (e) Aggregate batch vent stream testing for compliance with 
Sec. 63.487(b)(2). Except as specified in paragraphs (e)(1) through 
(e)(3) of this section, 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).
    (1) 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 conform 
with the requirements in paragraphs (e)(1)(i) and (e)(1)(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.
    (2) When Sec. 63.116(c)(4) refers to complying with an emission 
reduction of 98 percent, for the purposes of this subpart, the 90 
percent reduction requirement specified in Sec. 63.487(b)(2) shall 
apply.
    (3) When a combustion device is used to comply with the 20 parts per 
million by volume outlet concentration standard specified in 
Sec. 63.487(b)(2), the correction to 3 percent oxygen specified in the 
performance testing procedures of Sec. 63.116(c)(3) and (c)(3)(iii) is 
only required when supplemental combustion air is used to combust the 
emissions, for the purposes of this subpart.
    (f) Batch mass input limitation. The batch mass input limitation 
required by Sec. 63.487(g)(1) 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). The batch mass 
input limitation required by Sec. 63.487(f)(1) shall be determined by 
the owner or operator such that annual emissions remain at a level that 
ensures 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 mass input 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 highest-HAP recipe). The 
establishment of the batch mass input limitation is not dependent upon 
any past production or activity level.
    (1) If the expected mix of products serves as the basis for the 
batch mass input limitation, the batch mass input limitation shall be 
determined based on any foreseeable combination of products that the 
owner or operator expects to manufacture.
    (2) If the single highest-HAP recipe serves as the basis for the 
batch mass input limitation, the batch mass input limitation shall be 
determined based solely on the production of the single highest-HAP 
recipe, considering all products produced or processed in the batch unit 
operation.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 
FR 38060, June 19, 2000]



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) and (a)(8) 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 
Secs. 63.488(b) through 63.488(g), as appropriate. If an

[[Page 550]]

owner or operator did not need to develop certain information (e.g., 
annual average batch vent flow rate) to determine the group status, this 
paragraph does not require that additional information be developed. 
Paragraph (a)(9) of this section specifies the recordkeeping 
requirements for Group 2 batch front-end process vents that are exempt 
from the batch mass input limitation provisions, as allowed under 
Sec. 63.487(h).
    (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, along with an identification of the single highest-HAP 
recipe for each product and the mass of HAP fed to the reactor for that 
recipe.
    (2) A description of, and an emission estimate for, each batch 
emission episode, and the total emissions associated with one batch 
cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this 
section, as appropriate.
    (i) If the group determination is based on the expected mix of 
products, records shall include the emission estimates for the single 
highest-HAP recipe of each unique product identified in paragraph (a)(1) 
of this section that was considered in making the group determination 
under Sec. 63.488.
    (ii) If the group determination is based on the single highest-HAP 
recipe (considering all products produced or processed in the batch unit 
operation), records shall include the emission estimates for the single 
highest-HAP recipe.
    (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 mass input 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 batch vent 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 subject to Sec. 63.487(a) 
or Sec. 63.487(b), none of the records in paragraphs (a)(1) through 
(a)(6) of this section are required.
    (8) If the total annual emissions from the batch front-end process 
vent during the group determination 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.
    (9) For each Group 2 batch front-end process vent that is exempt 
from the batch mass input limitation provisions because it meets the 
criteria of Sec. 63.487(h), the records specified in paragraphs 
(a)(9)(i) and (ii) shall be maintained.
    (i) Documentation of the maximum design capacity of the EPPU; and
    (ii) The mass of HAP or material that can be charged annually to the 
batch unit operation at the maximum design capacity.
    (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, 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) If the owner or operator of a batch front-end process vent has 
chosen to comply with Sec. 63.487(a)(2), records documenting the batch 
cycle percent reduction as specified in Sec. 63.490(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. 63.504(c); and
    (iii) Periods when all pilot flames were absent.

[[Page 551]]

    (4) The following information when using a control device to meet 
the percent reduction requirement specified in 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 halogen reduction device following a 
combustion device to control halogenated batch front-end process vents 
or halogenated aggregate batch vent streams, 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).
    (5) When complying with the 20 parts per million by volume outlet 
concentration standard specified in Sec. 63.487(b)(2), records of the 
outlet concentration of organic HAP or TOC on a dry basis. If 
supplemental combustion air is used to combust the emissions, the outlet 
concentration shall be corrected to 3 percent oxygen. If supplemental 
combustion air is not used, a correction to 3 percent oxygen is not 
required.
    (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 
required to comply with Sec. 63.487(g) shall keep the following records 
readily accessible:
    (i) Records designating the established batch mass input limitation 
required by Sec. 63.487(g)(1) and specified in Sec. 63.490(f).
    (ii) Records specifying the mass of HAP or material charged to the 
batch unit operation.
    (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 readily 
accessible:
    (i) Records designating the established batch mass input limitation 
required by Sec. 63.487(f)(1) and specified in Sec. 63.490(f).
    (ii) Records specifying the mass of HAP or material charged to the 
batch unit operation.
    (e) Controlled batch front-end process vent continuous compliance 
records. Each owner or operator of a batch front-end process vent that 
has chosen to use a control device to comply with Sec. 63.487(a) shall 
keep the following records 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 maintained in place of continuous records.
    (ii) For carbon adsorbers, the records specified in Table 6 of this 
subpart shall be maintained in place of batch cycle daily averages.
    (2) Records of the batch cycle daily average value of each 
continuously

[[Page 552]]

monitored parameter, except as provided in paragraphs (e)(2)(iii) of 
this section, as calculated using the procedures specified in paragraphs 
(e)(2)(i) and (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. In addition, monitoring data recorded during periods of 
non-operation of the EPPU (or specific portion thereof) resulting in 
cessation of organic HAP emissions, or periods of start-up, shutdown, or 
malfunction 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 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. 63.489(d)(1) is not operating.
    (4) Where a seal or closure mechanism is used to comply with 
Sec. 63.489(d)(2), hourly records of whether a diversion was detected at 
any time 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 damper or 
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) [Reserved]
    (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)(1) or (b)(2) shall keep 
the following records readily accessible:.
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.489(b) and listed in Table 6 of 
this subpart, as applicable, or specified by the Administrator in 
accordance with Sec. 63.492(e), as allowed under Sec. 63.489(c), with 
the exceptions listed in paragraphs (f)(1)(i) and (f)(1)(ii) of this 
section.
    (i) For flares, the records specified in Table 6 of this subpart 
shall be maintained in place of continuous records.
    (ii) For carbon adsorbers, the records specified in Table 6 of this 
subpart shall be maintained in place of daily averages.
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec. 63.506(d).
    (3) For demonstrating compliance with the monitoring of bypass lines 
as specified in Sec. 63.489(d), records as specified in paragraph (e)(3) 
or (e)(4) of this section, as appropriate.
    (g) Documentation supporting the establishment of the batch mass 
input limitation shall include the information specified in paragraphs 
(g)(1) through (g)(5) of this section, as appropriate.
    (1) Identification of whether the purpose of the batch mass input 
limitation is to comply with Sec. 63.487(f)(1) or (g)(1).
    (2) Identification of whether the batch mass input limitation is 
based on

[[Page 553]]

the single highest-HAP recipe (considering all products) or on the 
expected mix of products for the batch front-end process vent as allowed 
under Sec. 63.488(a)(1).
    (3) Definition of the operating year, for the purposes of 
determining compliance with the batch mass input limitation.
    (4) If the batch mass input 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) as 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 mass input 
limitation under any number of scenarios.
    (5) The mass of HAP or material allowed to be charged to the batch 
unit operation per year under the batch mass input limitation.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 
FR 38063, June 19, 2000]



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

    (a) The owner or operator of a batch front-end process vent or 
aggregate batch vent stream at an affected source shall submit the 
information specified in paragraphs (a)(1) through (a)(6) 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.
    (5) For each Group 2 batch front-end process vent that is exempt 
from the batch mass input limitation provisions because it meets the 
criteria of Sec. 63.487(h), the information specified in 
Sec. 63.491(a)(1) through (3), and the information specified in 
Sec. 63.491(a)(4) through (6) as applicable, calculated at the 
conditions specified in Sec. 63.487(h).
    (6) When engineering assessment has been used to estimate emissions 
from a batch emissions episode and the criteria specified in 
Sec. 63.488(b)(6)(i)(A) or (B) have been met, the owner or operator 
shall submit the information demonstrating that the criteria specified 
in Sec. 63.488(b)(6)(i)(A) or (B) have been met as part of the 
Notification of Compliance Status required by Sec. 63.506(e)(5).
    (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 notify 
the Administrator and submit a description of the process change within 
180 days after the process change is made or with the next Periodic 
Report, whichever is later. The owner or operator of an affected source 
shall comply with the Group 1 batch front-end process vent provisions in 
Secs. 63.486 through 63.492 in accordance with Sec. 63.480(i)(2)(ii).
    (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) for which the 
owner or operator is required to comply with Sec. 63.487(g) to have 
annual emissions greater than or equal to the level specified in 
Sec. 63.488(d) but remains a Group 2 batch front-end process vent, or if 
a process change is made that requires the owner or operator to 
redetermine the batch mass input limitation as specified in 
Sec. 63.488(i)(3), the owner or operator shall submit a report within 
180 days after the process change is made or with the next Periodic 
Report, whichever is later. The following information shall be 
submitted:
    (1) A description of the process change;

[[Page 554]]

    (2) The batch mass input 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) 
or (d)(2) of this section is met.
    (1) The 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) and the batch mass input 
limitation does not decrease, 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) and the batch mass input limitation 
does not decrease.
    (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(b) 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 of affected sources complying with 
Sec. 63.489(d), shall comply with paragraph (f)(1) or (f)(2) of this 
section, as appropriate.
    (1) Submit reports of the times of all periods recorded under 
Sec. 63.491(e)(3) when the batch front-end process vent is diverted away 
from the control device through a bypass line, with the next Periodic 
Report.
    (2) Submit reports of all occurrences recorded under 
Sec. 63.491(e)(4) in which the seal mechanism is broken, the bypass line 
damper or valve position has changed, or the key to unlock the bypass 
line damper or valve was checked out, with the next Periodic Report.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38065, June 19, 2000]



Sec. 63.493  Back-end process provisions.

    Owners and operators of new and existing affected sources shall 
comply with the requirements in Secs. 63.494 through 63.500. Owners and 
operators of affected sources whose only elastomer products are latex 
products, liquid rubber products, or products produced in a gas-phased 
reaction process are not subject to the provisions of Secs. 63.494 
through 63.500. If latex or liquid rubber products are produced in an 
affected source that also produces another elastomer product, the 
provisions of Secs. 63.484 through 63.500 do not apply to the back-end 
operations dedicated to the production of one or more latex products or 
to the back-end operations during the production of a latex product. 
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 to this subpart contains a summary of compliance alternative 
requirements for these sections.

[65 FR 38065, June 19, 2000]



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 after the stripping operation 
[or the reactor(s), if the plant has no stripper(s)] as specified in 
Sec. 63.495(d), shall not exceed the limits provided in paragraphs 
(a)(1) through (a)(4) of this section, as applicable. Owners or 
operators of affected sources shall comply with

[[Page 555]]

the requirements of this paragraph using either stripping technology or 
control or 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 affected 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 affected 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 affected 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, HypalonTM, nitrile-butadiene 
rubber, butyl rubber, halobutyl rubber, epichlorohydrin elastomer, and 
polysulfide rubber. There are also no back-end process operation 
residual organic HAP limitations for latex products, liquid rubber 
products, products produced in a gas-phased reaction process, styrene 
butadiene rubber produced by any process other than a solution or 
emulsion process, polybutadiene rubber produced by any process other 
than a solution process, or ethylene-propylene rubber produced by any 
process other than a solution process.
    (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.
    (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.
    (d) If the owner or operator complies with the residual organic HAP 
limitations in paragraph (a) of this section using a flare, the owner or 
operator of an affected source shall comply with the requirements in 
Sec. 63.504(c).

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38065, June 19, 2000]



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,

[[Page 556]]

    (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 a stripper operated in batch mode 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 a stripper operated in continuous mode 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 the Methods specified in paragraph (e) of this section.
    (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, except samples taken during periods of start-
up, shutdown, or malfunction.
    (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 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.

[[Page 557]]

    (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) The residual organic HAP content in each sample is to be 
determined using the methods specified in paragraphs (e)(1) through 
(e)(5) of this section, as applicable.
    (1) For styrene butadiene rubber produced by the emulsion process, 
either Method 312a, 312b, or 312c of 40 CFR part 63, appendix A, shall 
be used.
    (2) For styrene butadiene rubber produced by the solution process, 
either Method 313a or 313b of 40 CFR part 63, appendix A, shall be used.
    (3) For polybutadiene rubber produced by the solution process, 
either Method 313a or 313b of 40 CFR part 63, appendix A, shall be used.
    (4) For ethylene-propylene rubber produced by the solution process, 
either Method 310a, 310b, or 310c of 40 CFR part 63, appendix A, shall 
be used.
    (5) Alternatively, any other method that has been validated 
according to the applicable procedures in Method 301 of 40 CFR part 63, 
appendix A, may be used.
    (f) The monthly weighted average residual organic HAP content shall 
be calculated using Equation 26.
[GRAPHIC] [TIFF OMITTED] TR19JN00.019

Where:

HAPCONTavg,mo = 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 paragraph (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.
Pmo = Weight of latex or dry crumb rubber (Mg) processed in 
          the month.


[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11543, Mar. 9, 1999; 65 
FR 38066, June 19, 2000]



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)(8) 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.

[[Page 558]]

    (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 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 for 
inlet emissions shall be located as specified in paragraphs (b)(5)(i)(A) 
or (b)(5)(i)(B) of this section. Sampling sites for outlet emissions 
shall be located 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 [with the exception of equipment in compliance with the 
requirements in Secs. 63.502(a) through 63.502(m)], 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 [with the exception of equipment in compliance with 
the requirements in Secs. 63.502(a) through 63.502(m)] 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, 40 CFR part 63, 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).

[[Page 559]]

    (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 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 Equation 30, 
as shown 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)(vi) 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. The owner or operator shall demonstrate compliance as 
provided in Sec. 63.504(c).
    (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.
    (iv) 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

[[Page 560]]

specified in this section and either no deliberate 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.
    (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.
    (vi) 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.
    (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] TR19JN00.020

where:

Eo = Mass rate of total organic HAP at the outlet of the 
          control or recovery device, dry basis, kg/hr.
Ei = Mass rate of total organic HAP at the inlet of the 
          control or recovery device, 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.
[GRAPHIC] [TIFF OMITTED] TR19JN00.021

Where:

HAPCONTrun = Residual organic HAP content, 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, dry basis, kg per test run.
Eo,run = Mass rate of total organic HAP at the outlet of the 
          control or recovery device, 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 561]]

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.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38066, June 19, 2000]



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 stripping 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 steam flow, 
nitrogen flow, or pressure monitoring device having an accuracy of at 
least 10 percent of the flow rate, level, or pressure, 
capable of recording the total regeneration steam flow or nitrogen flow, 
or pressure (gauge or absolute) 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

[[Page 562]]

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 
Sec. 63.506(e)(5) or (e)(8), respectively. The owner or operator shall 
operate control and recovery devices so that the daily average value is 
above or below the established level, as required, to ensure continued 
compliance with the standard, except as otherwise stated in this 
subpart.
    (d) The owner or operator of an affected source with 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) 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. 63.498(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.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38067, June 19, 2000]



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

    (a) Each owner or operator shall maintain the records specified in 
paragraphs (b) through (d) of this section, as appropriate.
    (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.

[[Page 563]]

    (1) Records associated with the initial, and subsequent, 
determinations of the organic HAP content of each grade 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. The recordkeeping 
requirements contained in paragraphs (d)(1) through (d)(4) pertain to 
the results of the testing required by Sec. 63.496(b), for each of the 
three required test runs.
    (1) 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;
    (2) 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);
    (3) 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.
    (4) The residual organic HAP content, adjusted for the control or 
recovery device emission reduction, determined in accordance with 
Sec. 63.496(c)(1).
    (5) Each owner or operator using a control or recovery device shall 
keep the following records 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 records 
specified in Table 3 of 40 CFR part 63, subpart G 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.
    (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. In addition, monitoring data recorded during periods of non-
operation of the EPPU (or specific portion thereof) resulting in 
cessation of organic HAP emissions or during periods of start-up, 
shutdown, or malfunction 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

[[Page 564]]

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), 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 damper or 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) [Reserved]

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38068, June 19, 2000]



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 paragraphs 
(a)(1) through (a)(3) of this section, for each back-end process 
operation at the affected source, as part of the Notification of 
Compliance Status specified in Sec. 63.506(e)(5).
    (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 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/stripper 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 an affected source with a back-end 
process operation control or recovery device that shall 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 565]]

    (3) The information specified in paragraphs (c)(3)(i) when using a 
flare, and the information specified in paragraph (c)(3)(ii) of this 
section when using a boiler or process heater.
    (i) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted); all visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination; and all periods during the compliance 
determination when the pilot flame is absent.
    (ii) A description of the location at which the vent stream is 
introduced into the boiler or process heater.
    (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 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.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38068, June 19, 2000]



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 shall 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 may choose to 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

[[Page 566]]

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 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, 40 CFR part 63, appendix A, 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 may 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 agent 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 
agent is added, and an identification of the amount of sulfur containing 
shortstop agent 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:

[[Page 567]]

    (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).

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38068, June 19, 2000]



Sec. 63.501  Wastewater provisions.

    (a) Except as specified in paragraph (c) of this section, the owner 
or operator of each affected source shall comply with the requirements 
of Secs. 63.132 through 63.147 for each process wastewater stream 
originating at an affected source, with the requirements of Sec. 63.148 
for leak inspection provisions, and with the requirements of Sec. 63.149 
for equipment that is subject to Sec. 63.149, with the differences noted 
in paragraphs (a)(1) through (a)(23) of this section. Further, the owner 
or operator of each affected source shall comply with the requirements 
of Sec. 63.105(a) for maintenance wastewater, as specified in paragraph 
(b) of this section.
    (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 for the purposes of this subpart.
    (2) When the storage vessel requirements contained in Secs. 63.119 
through 63.123 are referred to in Secs. 63.132 through 63.149, 
Secs. 63.119 through 63.123 are applicable, with the exception of the 
differences referred to in Sec. 63.484, for the purposes of this 
subpart.
    (3) Owners and operators of affected sources are not required to 
comply with the requirements in Sec. 63.132(b)(1) and Sec. 63.132(d). 
Owners and operators of new affected sources, as defined in this 
subpart, shall comply with the requirements for existing sources in 
Secs. 63.132 through 63.149, with the exceptions noted in paragraphs 
(a)(4), (a)(10), and (a)(23) of this section.
    (4) When Sec. 63.146(a) requires the submission of a request for 
approval to monitor alternative parameters according to the procedures 
specified in Sec. 63.151(f) or (g), owners or operators requesting to 
monitor alternative parameters shall follow the procedures specified in 
Sec. 63.506(f), for the purposes of this subpart.
    (5) When Sec. 63.147(d) requires owners or operators to keep records 
of the daily average value of each continuously monitored parameter for 
each operating day as specified in Sec. 63.152(f), owners and operators 
shall instead keep records of the daily average value of each 
continuously monitored parameter as specified in Sec. 63.506(d), for the 
purposes of this subpart.
    (6) When Secs. 63.132 through 63.149 refer to an ``existing 
source,'' the term ``existing affected source,'' as defined in 
Sec. 63.480(a)(3) shall apply, for the purposes of this subpart.
    (7) When Secs. 63.132 through 63.149 refer to a ``new source,'' the 
term ``new affected source,'' as defined in Sec. 63.480(a)(4) shall 
apply, for the purposes of this subpart.
    (8) Whenever Secs. 63.132 through 63.149 refer to a ``chemical 
manufacturing process unit,'' the term ``elastomer product process 
unit,'' (or EPPU) as defined in Sec. 63.482, shall apply for the 
purposes of this subpart. In addition, when Sec. 63.149 refers to ``a 
chemical manufacturing process unit that meets the criteria of 
Sec. 63.100(b) of subpart F of this part,'' the term ``an EPPU as 
defined in Sec. 63.482(b)'' shall apply for the purposes of this 
subpart.
    (9) When Sec. 63.132(a) and (b) refer to the ``applicable dates 
specified in Sec. 63.100 of subpart F of this part,'' the compliance 
dates specified in Sec. 63.481 shall apply, for the purposes of this 
subpart.
    (10) The provisions of paragraphs (a)(10)(i), (a)(10)(ii), and 
(a)(10)(iii) of this section clarify the organic HAP that an owner or 
operator shall consider when complying with the requirements of 
Secs. 63.132 through 63.149.
    (i) Owners and operators are exempt from all requirements in 
Secs. 63.132 through 63.149 that pertain solely and exclusively to 
organic HAP listed on table 8 of 40 CFR part 63, subpart G.
    (ii) When Secs. 63.132 through 63.149 refer to table 9 compounds, 
the owner or operator is only required to consider compounds that meet 
the definition of organic HAP in Sec. 63.482 and that are listed in 
table 9 of 40 CFR part 63,subpart G, for the purposes of this subpart.
    (iii) When Secs. 63.132 through 63.149 refer to compounds in table 
36 of 40

[[Page 568]]

CFR part 63, subpart G, or compounds in List 1 and/or List 2, as listed 
in table 36 of 40 CFR part 63, subpart G, the owner or operator is only 
required to consider compounds that meet the definition of organic HAP 
in Sec. 63.482 and that are listed in table 36 of 40 CFR part 63, 
subpart G, for the purposes of this subpart.
    (11) Whenever Secs. 63.132 through 63.147 refer to a Group 1 
wastewater stream or a Group 2 wastewater stream, the definitions of 
these terms contained in Sec. 63.482 shall apply, for the purposes of 
this subpart.
    (12) When Sec. 63.149(d) refers to ``Sec. 63.100(f) of subpart F'' 
the phrase ``Sec. 63.480(c)'' shall apply for the purposes of this 
subpart. In addition, where Sec. 63.149(d) states ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subparts A, F, G, or H of this part'', the phrase ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subparts A, F, G, H, or U of this part,'' shall apply for the purposes 
of this subpart.
    (13) When Sec. 63.149(e)(1) and (e)(2) refer to ``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 phrase ``an EPPU that is 
part of a new affected source or that is a new affected source,'' shall 
apply for the purposes of this subpart.
    (14) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.138 and 63.146, 
the Notification of Compliance Status requirements contained in 
Sec. 63.506(e)(5) shall apply for the purposes of this subpart. In 
addition, when Secs. 63.138 and 63.146 require that information be 
reported according to Sec. 63.152(b) in the Notification of Compliance 
Status, owners or operators of affected sources shall report the 
specified information in the Notification of Compliance Status required 
by Sec. 63.506(e)(5), for the purposes of this subpart.
    (15) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Sec. 63.146, the Periodic Report 
requirements contained in Sec. 63.506(e)(6) shall apply for the purposes 
of this subpart. In addition, when Sec. 63.146 requires that information 
be reported in the Periodic Reports required in Sec. 63.152(c), owners 
or operators of affected sources shall report the specified information 
in the Periodic Reports required in Sec. 63.506(e)(6), for the purposes 
of this subpart.
    (16) When the term ``range'' is used in Secs. 63.132 through 63.149, 
the term ``level'' shall apply instead, for the purposes of this 
subpart. This level shall be determined using the procedures specified 
in Sec. 63.505.
    (17) When Sec. 63.143(f) specifies that owners or operators shall 
establish the range that indicates proper operation of the treatment 
process or control device, the owner or operator shall instead comply 
with the requirements of Sec. 63.505(c) or (d) for establishing 
parameter level maximums/minimums, for the purposes of this subpart.
    (18) When Sec. 63.146(b)(7) and Sec. 63.146(b)(8) require that ``the 
information on parameter ranges specified in Sec. 63.152(b)(2)'' be 
reported in the Notification of Compliance Status, owners and operators 
of affected sources are instead required to report the information on 
parameter levels in the Notification of Compliance Status as specified 
in Sec. 63.506(e)(5)(ii), for the purposes of this subpart.
    (19) For the purposes of this subpart, the owner or operator of an 
affected source is not required to include process wastewater streams 
that contain styrene when conducting performance tests for the purposes 
of calculating the required mass removal (RMR) or the actual mass 
removal (AMR) under the provisions described in Sec. 63.145(f) or 
Sec. 63.145(g). For purposes of this paragraph, a process wastewater 
stream is considered to contain styrene if the wastewater stream meets 
the requirements in paragraph (a)(19)(i), (ii), or (iii) of this 
section:
    (i) The wastewater stream originates at equipment that produces 
styrene butadiene rubber by solution;
    (ii) The wastewater stream originates at equipment that produces 
styrene butadiene rubber by emulsion; or
    (iii) The wastewater stream originates at equipment that produces 
styrene butadiene latex.
    (20) When the provisions of Sec. 63.139(c)(1)(ii), 
Sec. 63.145(d)(4), or Sec. 63.145(i)(2) specify that Method 18, 40 CFR 
part 60, appendix A shall be used,

[[Page 569]]

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 conform with the requirements in paragraphs (a)(20)(i) 
and (a)(20)(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.
    (21) In Sec. 63.145(j), instead of the reference to Sec. 63.11(b), 
and instead of Sec. 63.145(j)(1) and Sec. 63.145(j)(2), the requirements 
in Sec. 63.504(c) shall apply.
    (22) The owner or operator of a facility which receives a Group 1 
wastewater stream, or a residual removed from a Group 1 wastewater 
stream, for treatment pursuant to Sec. 63.132(g) is subject to the 
requirements of Sec. 63.132(g) with the differences identified in this 
section, and is not subject to subpart DD of this part, with respect to 
the received material.
    (23) When Sec. 63.132(g) refers to ``Secs. 63.133 through 63.137'' 
or ``Secs. 63.133 through 63.147'', the provisions in this Sec. 63.501 
shall apply, for the purposes of this subpart.
    (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, except that 
when Sec. 63.105(a) refers to ``organic HAPs listed in table 9 of 
subpart G of this part,'' the owner or operator is only required to 
consider compounds that meet the definition of organic HAP in 
Sec. 63.482 and that are listed in table 9 of 40 CFR part 63, subpart G, 
for the purposes of this subpart.
    (c) The following wastewater streams are exempt from the 
requirements of paragraphs (a) and (b) of this section:
    (1) Back-end wastewater streams originating from equipment whose 
only elastomer products are 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.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38069, June 19, 2000]



Sec. 63.502  Equipment leak and heat exchange system provisions.

    (a) Equipment leak provisions. The owner or operator of each 
affected source, shall comply with the requirements of subpart H of this 
part, with the exceptions noted in paragraphs (b) through (m) of this 
section.
    (b) Surge control vessels and bottoms receivers described in 
paragraphs (b)(1) through (b)(7) of this section are exempt from the 
requirements contained in Sec. 63.170.
    (1) Surge control vessels and bottoms receivers that receive only 
styrene-butadiene latex;
    (2) Surge control vessels and bottoms receivers that receive latex 
products other than styrene-butadiene latex, located downstream of the 
stripping operations;
    (3) Surge control vessels and bottoms receivers that receive only 
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 that receive only 
styrene;
    (6) Surge control vessels and bottoms receivers that receive only 
acrylamide; and
    (7) Surge control vessels and bottoms receivers that receive only 
epichlorohydrin.
    (c) The compliance date for the equipment leak provisions in this 
section is provided in Sec. 63.481(d). Whenever subpart H of this part 
refers to the compliance dates specified in any paragraph contained in 
Sec. 63.100, the compliance dates listed in Sec. 63.481(d) shall instead 
apply, for the purposes of this subpart. When Sec. 63.182(c)(4) refers 
to ``sources subject to subpart F,'' the

[[Page 570]]

phrase ``sources subject to this subpart'' shall apply, for the purposes 
of this subpart. In addition, extensions of compliance dates are 
addressed by Sec. 63.481(e) instead of by Sec. 63.182(a)(6), for the 
purposes of this subpart.
    (d) For an affected source producing polybutadiene rubber or styrene 
butadiene rubber by solution, the conditions in paragraphs (d)(1), 
(d)(2), and (d)(3) of this section are applicable.
    (1) 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.
    (2) For reciprocating pumps in heavy liquid service, owners and 
operators are not required to comply with the requirements in 
Sec. 63.169 and associated recordkeeping and reporting requirements.
    (3) Reciprocating pumps in light liquid service are exempt from 
Sec. 63.163 and associated recordkeeping and reporting requirements, if 
recasting the distance piece or reciprocating pump replacement would be 
necessary to comply with that section.
    (e) 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).
    (f) As specified in Sec. 63.506(e)(5), the Notification of 
Compliance Status required by 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. 63.481(d) for the equipment leak 
provisions.
    (g) The information specified by Sec. 63.182(a)(3) and 
Sec. 63.182(d) (i.e., Periodic Reports) shall be submitted as part of 
the Periodic Reports required by Sec. 63.506(e)(6).
    (h) 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 
EPPU within the affected source for all purposes under subpart H of this 
part, providing there is no delay in achieving the applicable compliance 
date.
    (i) When Sec. 63.166(b)(4)(i) refers to Table 9 of subpart G of this 
part, the owner or operator is only required to consider organic HAP 
listed on Table 9 of subpart G of this subpart that are also listed on 
Table 5 of this subpart.
    (j) When the provisions of subpart H of this part specify that 
Method 18, 40 CFR part 60, appendix A shall be used, either 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 
conform with the requirements in paragraphs (j)(1) and (j)(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 emissions.
    (2) The use of Method 25A, 40 CFR part 63, 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.
    (k) An owner or operator using a flare to comply with the 
requirements of this section shall conduct a compliance demonstration as 
specified in Sec. 63.504(c).
    (l) When the term ``equipment'' is used in subpart H of this part, 
the definition of this term in Sec. 63.482(b) shall apply for the 
purposes of this subpart.
    (m) The phrase ``the provisions of subparts F, I, or U of this 
part'' shall apply instead of the phrase ``the provisions of subpart F 
or I of this part'' throughout Secs. 63.163 and 63.168, for the purposes 
of this subpart. In addition, the phrase ``subparts F, I, and U'' shall 
apply instead of the phrase ``subparts F and I'' in 
Sec. 63.174(c)(2)(iii), for the purposes of this subpart.
    (n) Heat exchange system provisions. The owner or operator of each 
affected source shall comply with the requirements of Sec. 63.104 for 
heat exchange systems, with the exceptions noted in

[[Page 571]]

paragraphs (n)(1) through (n)(5) of this section.
    (1) When the term ``chemical manufacturing process unit'' is used in 
Sec. 63.104, the term ``elastomer product process unit'' (or EPPU) shall 
apply for the purposes of this subpart, with the exception noted in 
paragraph (n)(2) of this section.
    (2) When the phrase ``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'' is used in Sec. 63.104(a), 
the term ``an EPPU, except for EPPUs meeting the condition specified in 
Sec. 63.480(b)'' shall apply for the purposes of this subpart.
    (3) When Sec. 63.104 refers to Table 4 of subpart F of this part or 
Table 9 of subpart G of this part, the owner or operator is only 
required to consider organic HAP listed on Table 5 of this subpart.
    (4) When Sec. 63.104(c)(3) specifies the monitoring plan retention 
requirements, and when Sec. 63.104(f)(1) refers to the record retention 
requirements in Sec. 63.103(c)(1), the requirements in Sec. 63.506(a) 
and Sec. 63.506(h) shall apply, for the purposes of this subpart.
    (5) When Sec. 63.104(f)(2) requires information to be reported in 
the Periodic Reports required by Sec. 63.152(c), the owner or operator 
shall instead report the information specified in Sec. 63.104(f)(2) in 
the Periodic Reports required by Sec. 63.506(e)(6), for the purposes of 
this subpart.
    (6) The compliance date for heat exchange systems subject to the 
provisions of this section is specified in Sec. 63.481(d)(6).

[62 FR 46925, Sept. 5, 1996, as amended at 62 FR 37722, July 15, 1997; 
65 FR 38070, June 19, 2000]



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 63.501.
    (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 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 may be based on 
either organic HAP or TOC.
    (3) For the purposes of the provisions in this section, 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 conform with the requirements in 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.

[[Page 572]]

    (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 may 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 shall 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 shall 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.
    (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 shall 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

[[Page 573]]

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 may 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 shall be made under representative 
operating conditions. After the compliance date, actual operating data 
shall 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)(x)(C)(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.

[[Page 574]]

    (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] TR09MR99.005

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.
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. 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.
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 applicable standard. 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 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 standard. 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 standard 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:

[[Page 575]]

    (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.
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 shall 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.


[[Page 576]]


    (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 front-end process 
vents, product recovery devices shall not be considered control devices 
and shall not be assigned a percent reduction in calculating 
ECFEPViACTUAL. The sampling site for measurement of 
uncontrolled emissions shall be after the final uncontrolled recovery 
device. However, as provided in Sec. 63.113(a)(3), 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 is not a 
Group 1 continuous front-end process vent and should, therefore, not be 
included in determining debits under this paragraph.
    (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).
    (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).
    (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

[[Page 577]]

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

    (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 shall 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

[[Page 578]]

achieving less than 90 percent reduction, calculate 
EABViACTUAL using Equation 40.
[GRAPHIC] [TIFF OMITTED] TR05SE96.037

    (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] TR19JN00.022

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. 
          ECFEPV2iBASE 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

[[Page 579]]

          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.
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 standard had been applied to 
          the uncontrolled emissions. EBFEPV1iu 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 applicable standard. 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 standard 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 applicable 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 (h)(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 (h)(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 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.

[[Page 580]]

    (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
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,

[[Page 581]]

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.
    (3) Emissions from storage vessels shall be calculated using the 
procedures specified in Sec. 63.150(h)(3).
    (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).
    (6) Emissions from batch front-end process vents shall be determined 
as follows:
    (i) Uncontrolled emissions from Group 1 batch front-end process 
vents

[[Page 582]]

(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 standard 
(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

    (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 standard 
(EABV1iACTUAL) shall be calculated using Equation 49:

[[Page 583]]

[GRAPHIC] [TIFF OMITTED] TR09MR99.007

    (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.
    (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, as 
specified in Sec. 63.506(e)(7)(ii), 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 584]]

    (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, 40 CFR part 63, 
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 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 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 owner or operator shall submit the information 
listed in paragraph (i)(1)(i) as specified in Sec. 63.506(e)(7)(ii) to 
the Administrator.
    (i) In these instances, use and conditions for use of the control 
technology may 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 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,

[[Page 585]]

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, may 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.
    (B) For wastewater, EB shall be calculated according to 
Sec. 63.150(j)(2)(ii)(B).
    (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, 
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 may be 
used to estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated according to 
Sec. 63.150(j)(2)(ii)(E).
    (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

[[Page 586]]

cases, the percent reduction in emissions for each emission point shall 
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 or 
standard, 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 shall 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 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 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 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

[[Page 587]]

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 and as 
required by Sec. 63.485;
    (ii) Conduct initial performance tests to determine percent 
reduction as specified in Sec. 63.116 and as required by Sec. 63.485; 
and
    (iii) Monitor the operating parameters, keep records, and submit 
reports as specified in Secs. 63.114, 63.117(a), and 63.118(a) and (f), 
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; and
    (ii) Monitor the operating parameters, keep records, and submit 
reports according to the procedures specified in Secs. 63.114, 
63.117(a), and 63.118(b) and (f), 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, 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, 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(b), 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 of the affected 
source 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:
    (i) For wastewater treatment processes, conduct tests according to 
the procedures specified in Sec. 63.138(i) and (j), and as required by 
Sec. 63.501;
    (ii) Conduct inspections and monitoring according to the procedures 
specified in Sec. 63.143, and as required by Sec. 63.501;
    (iii) Implement a recordkeeping program according to the procedures 
specified in Sec. 63.147, and as required by Sec. 63.501; and
    (iv) Implement a reporting program according to the procedures 
specified in Sec. 63.146, 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

[[Page 588]]

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.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11543, Mar. 9, 1999; 65 
FR 38071, June 19, 2000]



Sec. 63.504  Additional requirements for performance testing.

    (a) Performance testing shall be conducted in accordance with 
Sec. 63.7(a)(1), (a)(3), (d), (e)(1), (e)(2), (e)(4), (g), and (h), with 
the exceptions specified in paragraphs (a)(1) through (a)(5) 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)(1) and (e)(2), except that performance tests shall be 
conducted at maximum representative operating conditions achievable 
during one of the time periods described in paragraph (a)(1)(i) of this 
section, without causing any of the situations described in paragraph 
(a)(1)(ii) of this section to occur.
    (i) The 6-month period that ends 2 months before the Notification of 
Compliance Status is due, according to Sec. 63.506(e)(5); or the 6-month 
period that begins 3 months before the performance test and ends 3 
months after the performance test.
    (ii) Causing damage to equipment; necessitating that the owner or 
operator make product that does not meet an existing specification for 
sale to a customer; or necessitating that the owner or operator make 
product in excess of demand.
    (2) References in Sec. 63.7(g) 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) are not 
required, Sec. 63.7(h)(4)(ii) is not applicable.
    (4) The owner or operator shall notify the Administrator of the 
intent 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. If after 30 
days notice for an initially scheduled performance test, there is a 
delay (due to operational problems, etc.) in conducting the scheduled 
performance test, the owner or operator of an affected facility shall 
notify the Administrator as soon as possible of any delay in the 
original test date, either by providing at least 7 days prior notice of 
the rescheduled date of the performance test, or by arranging a 
rescheduled date with the Administrator by mutual agreement.
    (5) Performance tests shall be performed no later than 150 days 
after the compliance dates specified in this subpart (i.e., in time for 
the results to be included in the Notification of Compliance Status), 
rather than according to the time periods in Sec. 63.7(a)(2).
    (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, 40 CFR part 63, appendix A.
    (c) Notwithstanding any other provision of this subpart, if an owner 
or operator of an affected source uses a flare to comply with any of the 
requirements of this subpart, the owner or operator shall comply with 
paragraphs (c)(1) through (c)(3) of this section. The owner or operator 
is not required to conduct a performance test to determine percent 
emission reduction or outlet organic HAP or TOC concentration. If a 
compliance demonstration has been conducted previously for a flare, 
using the techniques specified in paragraphs (c)(1) through (c)(3) of 
this

[[Page 589]]

section, that compliance demonstration may be used to satisfy the 
requirements of this paragraph if either no deliberate process changes 
have been made since the compliance demonstration, or the results of the 
compliance demonstration reliably demonstrate compliance despite process 
changes.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4);
    (2) Determine the net heating value of the gas being combusted, 
using the techniques specified in Sec. 63.11(b)(6); and
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where applicable) 
or Sec. 63.11(b)(8), as appropriate.

[65 FR 38073, June 19, 2000]



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. If a 
performance test is required by this subpart for a control device, the 
owner or operator shall use the procedures in either paragraph (b) or 
(c) of this section to establish the parameter monitoring level(s). If a 
performance test is not required by this subpart for a control device, 
the owner or operator may use the procedures in paragraph (b), (c), or 
(d) of this section to establish the parameter monitoring levels. When 
using the procedures specified in paragraph (c) or (d) of this section, 
the owner or operator shall submit the information specified in 
Sec. 63.506(e)(3)(vii) for review and approval, as part of the 
Precompliance Report.
    (1) The owner or operator shall operate control and recovery devices 
such that the daily average of monitored parameters remains above the 
minimum established level or below the maximum established level, except 
as otherwise stated in this subpart.
    (2) As specified in Sec. 63.506(e)(5), all established levels, along 
with their supporting documentation and the definition of an operating 
day, shall be submitted as part of the Notification of Compliance 
Status.
    (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, G, or H of this part.
    (b) Establishment of parameter monitoring levels based exclusively 
on performance tests. In cases where a performance test is required by 
this subpart, or the owner or operator of the affected source elects to 
do a performance test in accordance with the provisions of this subpart, 
and an owner or operator elects to establish a parameter monitoring 
level for a control, recovery, or recapture device based exclusively on 
parameter values measured during the performance test, the owner or 
operator of the affected source shall comply with the procedures in 
paragraphs (b)(1) through (b)(4) of this section, as applicable.
    (1) [Reserved]
    (2) Back-end process operations using a control or recovery device 
to comply with Secs. 63.493 through 63.500 and continuous front-end 
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 front-end process vents. The monitoring level(s) shall be 
established using the procedures specified in either paragraph (b)(3)(i) 
or (b)(3)(ii) of this section. 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. 63.490(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, the

[[Page 590]]

procedures in paragraph (c) of this section shall 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) 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.
    (B) 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 (i.e., identify the emission episode, or 
portion thereof, which requires the lowest parameter value in order to 
assure compliance. The average parameter value that is necessary to 
assure compliance for that emission episode, or portion thereof, shall 
be the level for all emission episodes, or portions thereof, in the 
batch cycle, that are selected to be controlled).
    (C) 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 (i.e., identify the emission episode, or 
portion thereof, which requires the highest parameter value in order to 
assure compliance. The average parameter value that is necessary to 
assure compliance for that emission episode, or portion thereof, shall 
be the level for all emission episodes, or portions thereof, in the 
batch cycle, that are selected to be controlled).
    (D) 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 paragraph (b)(3)(i)(A) 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, supplemented by engineering assessments and/or 
manufacturer's recommendations. In cases where a performance test is 
required by this subpart, or the owner or operator elects to do a 
performance test in accordance with the provisions of this subpart, and 
the owner or operator elects to establish a parameter monitoring level 
for a control, recovery, or recapture device under this paragraph (c), 
the owner or operator shall supplement the parameter values measured 
during the performance test with engineering assessments and/or 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of expected parameter values.
    (d) Establishment of parameter monitoring based on engineering 
assessments and/or manufacturer's recommendations. In cases where a 
performance test is not required by this subpart and an owner or 
operator elects to establish a parameter monitoring level for a control, 
recovery, or recapture device under this paragraph (d), the 
determination of the parameter monitoring level shall be based 
exclusively on engineering assessments and/or manufacturer's 
recommendations.
    (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

[[Page 591]]

(e)(2) of this section. A single set of stripper parameter levels may 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 Methods specified in Sec. 63.495(e).
    (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 may 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 that reduce 
the residual organic HAP content of the elastomer.
    (f) [Reserved]
    (g) Parameter monitoring excursion definitions. (1) With respect to 
storage vessels (where the applicable monitoring plan specifies 
continuous monitoring), continuous front-end process vents, aggregate 
batch vent streams, back-end process operations complying through the 
use of control or recovery devices, and process 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. For each excursion, the owner or 
operator shall be deemed out of compliance with the provisions of this 
subpart, except as provided in paragraph (i) of this section.
    (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, with 
the exception noted in paragraph (g)(1)(v) of this section, 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, with 
the exception noted in paragraph (g)(1)(v) of this section, 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.
    (v) The periods listed in paragraphs (g)(1)(v)(A) through 
(g)(1)(v)(E) of this section are not considered to be part of the period 
of control or recovery device

[[Page 592]]

operation, for the purposes of paragraphs (g)(1)(ii) and (g)(1)(iii) of 
this section.
    (A) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (B) Start-ups;
    (C) Shutdowns;
    (D) Malfunctions; or
    (E) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (2) With respect to 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. For each 
excursion, the owner or operator shall be deemed out of compliance with 
the provisions of this subpart, except as provided in paragraph (i) of 
this section.
    (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 for an operating day. 
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 selected to be controlled are being vented to 
the control device during the operating day, using the procedures 
specified in paragraphs (g)(2)(ii)(A) through (g)(2)(ii)(D) of this 
section.
    (A) Determine the total amount of time during the operating day when 
batch emission episodes selected to be controlled are being vented to 
the control device.
    (B) Subtract the time during the periods listed in paragraphs 
(g)(2)(ii)(B)(1) through (g)(2)(ii)(B)(4) of this section from the total 
amount of time determined in paragraph (g)(2)(ii)(A) of this section, to 
obtain the operating time used to determine if monitoring data are 
insufficient.
    (1) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (2) Start-ups;
    (3) Shutdowns; or
    (4) Malfunctions.
    (C) Determine the total number of 15-minute periods in the operating 
time used to determine if monitoring data are insufficient, as was 
determined in accordance with paragraph (g)(2)(ii)(B) of this section.
    (D) If measured values are not available for at least 75 percent of 
the total number of 15-minute periods determined in paragraph 
(g)(2)(ii)(C) of this section, the monitoring data are insufficient for 
the operating day.
    (3) For storage vessels where the applicable monitoring plan does 
not specify continuous monitoring, an excursion is defined in paragraph 
(g)(3)(i) or (ii) of this section, as applicable. For a control or 
recovery device where multiple parameters are monitored, if one or more 
of the parameters meets the excursion criteria, this is considered a 
single excursion for the control or recovery device. For each excursion, 
the owner or operator shall be deemed out of compliance with the 
provisions of this subpart, except as provided in paragraph (i) of this 
section.
    (i) If the monitoring plan specifies monitoring a parameter and 
recording its value at specific intervals (such as every 15 minutes or 
every hour), either of the cases listed in paragraph (g)(3)(i)(A) or 
(g)(3)(i)(B) of this section is considered a single excursion for the 
control device.
    (A) When the average value of one or more parameters, averaged over 
the duration of the filling period for the storage vessel, is above the 
maximum level or below the minimum level established for the given 
parameters.
    (B) When monitoring data are insufficient. Monitoring data shall be 
considered insufficient when measured values are not available for at 
least 75 percent of the specific intervals at which parameters are to be 
monitored and recorded, according to the storage vessel's monitoring 
plan, during the filling period for the storage vessel.
    (ii) If the monitoring plan does not specify monitoring a parameter 
and recording its value at specific intervals

[[Page 593]]

(for example, if the relevant operating requirement is to exchange a 
disposable carbon canister before expiration of its rated service life), 
the monitoring plan shall define an excursion in terms of the relevant 
operating requirement.
    (h) Excursion definitions for back-end operations complying through 
stripping. (1) With respect to back-end process operations complying 
through the use of stripping technology, and demonstrating compliance by 
sampling, an excursion means one of the two cases listed in paragraphs 
(h)(1)(i) and (h)(1)(ii) of this section. For each excursion, the owner 
or operator shall be deemed out of compliance with the provisions of 
this subpart, except as provided in paragraph (i) 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) With respect to 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. For each excursion, the owner or operator shall be deemed out 
of compliance with the provisions of this subpart, except as provided in 
paragraph (i) 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.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 65 
FR 38074, June 19, 2000]



Sec. 63.506  General recordkeeping and reporting provisions.

    (a) Data retention. Unless otherwise specified in this subpart, the 
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, as specified in paragraph (a)(1) of this section, with the 
exception listed in paragraph (a)(2) of this section.
    (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 provide access within 2 hours after a 
request. The remaining 4 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 microfilm, computer, floppy disk, 
magnetic tape, or microfiche.

[[Page 594]]

    (2) If an owner or operator submits copies of reports to the 
appropriate 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 those 
reports.
    (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) 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. Inclusion of Group 2 emission points is not required, unless 
these points are included in an emissions average. For equipment leaks 
(subject to Sec. 63.502), the start-up, shutdown, and malfunction plan 
requirement is limited to control devices and is optional for other 
equipment. For equipment leaks, the start-up, shutdown, and malfunction 
plan may include written procedures that identify conditions that 
justify a delay of repair. A provision for ceasing to collect, during a 
start-up, shutdown, or malfunction, monitoring data that would otherwise 
be required by the provisions of this subpart may be included in the 
start-up, shutdown, and malfunction plan only if the owner or operator 
has demonstrated to the Administrator, through the Precompliance Report 
or a supplement to the Precompliance Report, that the monitoring system 
would be damaged or destroyed if it were not shut down during the start-
up, shutdown, or malfunction. The affected source shall keep the start-
up, shutdown, and malfunction plan on-site. Records associated with the 
plan shall be kept as specified in paragraphs (b)(1)(i)(A) through 
(b)(1)(i)(C) 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)(C) of this section.
    (A) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of process equipment or control 
devices or recovery devices or continuous monitoring systems used to 
comply with this subpart during which excess emissions (as defined in 
Sec. 63.480(j)(4)) occur.
    (B) For each start-up, shutdown, or malfunction during which excess 
emissions (as defined in Sec. 63.480(j)(4)) occur, records reflecting 
whether the procedures specified in the affected 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, records shall 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.
    (C) Records specified in paragraphs (b)(1)(i)(A) through 
(b)(1)(i)(B) 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 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). The reports shall 
include the information specified in Sec. 63.10(d)(5)(i).
    (2) Application for approval of construction or reconstruction. For 
new affected sources, each owner or operator shall comply with the 
provisions in

[[Page 595]]

Sec. 63.5 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).
    (c) [Reserved]
    (d) Recordkeeping and documentation. Owners or operators required to 
keep continuous records shall keep records as specified in paragraphs 
(d)(1) through (d)(7) of this section, unless an alternative 
recordkeeping system has been requested and approved as specified in 
paragraph (g) of this section, and except as provided in paragraph (h) 
of this section. If a monitoring plan for storage vessels pursuant to 
Sec. 63.484(k) requires continuous records, the monitoring plan shall 
specify which provisions, if any, of paragraphs (d)(1) through (d)(7) of 
this section apply. As described in Sec. 63.484(k), certain storage 
vessels are not required to keep continuous records as specified in this 
paragraph. Owners and operators of such storage vessels shall keep 
records as specified in the monitoring plan required by Sec. 63.484(k). 
Paragraphs (d)(8) and (d)(9) of this section specify documentation 
requirements.
    (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 values. Owners or operators of batch front-end 
process vents shall 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 paragraphs (d)(6) and (d)(7) 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, except as specified in paragraph (d)(7) of this section. 
For batch front-end process vents, 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 for purposes of determining daily average values or 
batch cycle daily average values of monitored parameters.
    (4)-(5) [Reserved]
    (6) Records required when all recorded values are within the 
established limits. 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.
    (7) Monitoring data recorded during periods identified in paragraphs 
(d)(7)(i) through (d)(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 or recovery 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; or
    (v) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (8) For continuous monitoring systems used to comply with this 
subpart, records documenting the completion of

[[Page 596]]

calibration checks, and records documenting the maintenance of 
continuous monitoring systems that are specified in the manufacturer's 
instructions or that are specified in other written procedures that 
provide adequate assurance that the equipment would reasonably be 
expected to monitor accurately.
    (9) The owner or operator of an affected source granted a waiver 
under Sec. 63.10(f) shall maintain the information, if any, specified by 
the Administrator as a condition of the waiver of recordkeeping or 
reporting requirements.
    (e) Reporting and notification. In addition to the reports and 
notifications required by subpart A, as specified in Table 1 of 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. All reports required by this subpart, and the 
schedule for their submittal, are listed in Table 9 of this subpart.
    (1) Owners and operators shall not be in violation of the reporting 
requirements of this subpart for failing to submit information required 
to be included in a specified report if the owner or operator meets the 
requirements in paragraphs (e)(1)(i) through (e)(1)(iii) of this 
section. Examples of circumstances where this paragraph may apply 
include information related to newly-added equipment or emission points, 
changes in the process, changes in equipment required or utilized for 
compliance with the requirements of this subpart, or changes in methods 
or equipment for monitoring, recordkeeping, or reporting.
    (i) The information was not known in time for inclusion in the 
report specified by this subpart;
    (ii) The owner or operator has been diligent in obtaining the 
information; and
    (iii) The owner or operator submits a report according to the 
provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this 
section.
    (A) If this subpart expressly provides for supplements to the report 
in which the information is required, the owner or operator shall submit 
the information as a supplement to that report. The information shall be 
submitted no later than 60 days after it is obtained, unless otherwise 
specified in this subpart.
    (B) If this subpart does not expressly provide for supplements, but 
the owner or operator must submit a request for revision of an operating 
permit pursuant to part 70 or part 71, due to circumstances to which the 
information pertains, the owner or operator shall submit the information 
with the request for revision to the operating permit.
    (C) In any case not addressed by paragraph (e)(1)(iii)(A) or 
(e)(1)(iii)(B) of this section, the owner or operator shall submit the 
information with the first Periodic Report, as required by this subpart, 
which has a submission deadline at least 60 days after the information 
is obtained.
    (2) All reports required under this subpart shall be sent to the 
Administrator at the appropriate address listed in Sec. 63.13. If 
acceptable to both the Administrator and the owner or operator of a 
source, reports may be submitted on electronic media.
    (3) Precompliance Report. Owners or operators of affected sources 
requesting an extension for compliance; requesting approval to use 
alternative monitoring parameters, alternative continuous monitoring and 
recordkeeping, or alternative controls; requesting approval to use 
engineering assessment to estimate emissions from a batch emissions 
episode, as described in Sec. 63.488(b)(6)(i); wishing to establish 
parameter monitoring levels according to the procedures contained in 
Sec. 63.505(c) or (d); or requesting approval to incorporate a provision 
for ceasing to collect monitoring data, during a start-up, shutdown, or 
malfunction, into the start-up, shutdown, and malfunction plan, when 
that monitoring equipment would be damaged if it did not cease to 
collect monitoring data, as permitted under Sec. 63.480(j)(3), 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)(viii) of this section, as appropriate.

[[Page 597]]

    (i) Submittal dates. The Precompliance Report shall be submitted to 
the Administrator no later than December 19, 2000. If a Precompliance 
Report was submitted prior to June 19, 2000 and no changes need to be 
made to that Precompliance Report, the owner or operator shall re-submit 
the earlier report or submit notification that the previously submitted 
report is still valid. Unless the Administrator objects to a request 
submitted in the Precompliance Report within 45 days after its receipt, 
the request shall be deemed approved. 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. Supplements to the Precompliance 
Report may be submitted as specified in paragraph (e)(3)(ix) of this 
section.
    (ii) A request for an extension for compliance, as specified in 
Sec. 63.481(e), may be submitted in the Precompliance Report. The 
request for a compliance extension shall include the data outlined in 
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.481(e)(1).
    (iii) The alternative monitoring parameter information required in 
paragraph (f) of this section shall be submitted in the Precompliance 
Report 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 owner or operator shall submit a request for approval 
in the Precompliance Report.
    (v) The owner or operator shall report the intent to use alternative 
controls to comply with the provisions of this subpart in the 
Precompliance Report. The Administrator may deem alternative controls to 
be equivalent to the controls required by the standard, under the 
procedures outlined in Sec. 63.6(g).
    (vi) If a request for approval to use engineering assessment to 
estimate emissions from a batch emissions episode, as described in 
Sec. 63.488(b)(6)(i)(C) is being made, the information required by 
Sec. 63.488(b)(6)(iii)(B) shall be submitted in the Precompliance 
Report.
    (vii) If an owner or operator establishes parameter monitoring 
levels according to the procedures contained in Sec. 63.505(c) or (d), 
the following information shall be submitted in the Precompliance 
Report:
    (A) Identification of which procedures (i.e., Sec. 63.505(c) or (d)) 
are to be used; and
    (B) A description of how the parameter monitoring level is to be 
established. If the procedures in Sec. 63.505(c) are to be used, a 
description of how performance test data will be used shall be included.
    (viii) If the owner or operator is requesting approval to 
incorporate a provision for ceasing to collect monitoring data, during a 
start-up, shutdown, or malfunction, into the start-up, shutdown, and 
malfunction plan, when that monitoring equipment would be damaged if it 
did not cease to collect monitoring data, the information specified in 
paragraphs (e)(3)(viii)(A) and (B) shall be supplied in the 
Precompliance Report or in a supplement to the Precompliance Report. The 
Administrator shall evaluate the supporting documentation and shall 
approve the request only if, in the Administrator's judgment, the 
specific monitoring equipment would be damaged by the contemporaneous 
start-up, shutdown, or malfunction.
    (A) Documentation supporting a claim that the monitoring equipment 
would be damaged by the contemporaneous start-up, shutdown, or 
malfunction; and
    (B) A request to incorporate such a provision for ceasing to collect 
monitoring data during a start-up, shutdown, or malfunction, into the 
start-up, shutdown, and malfunction plan.
    (ix) Supplements to the Precompliance Report may be submitted as 
specified in paragraph

[[Page 598]]

(e)(3)(ix)(A), or (e)(3)(ix)(B) of this section. Unless the 
Administrator objects to a request submitted in a supplement to the 
Precompliance Report within 45 days after its receipt, the request shall 
be deemed approved.
    (A) Supplements to the Precompliance Report may be submitted to 
clarify or modify information previously submitted.
    (B) Supplements to the Precompliance Report may be submitted to 
request approval to use alternative monitoring parameters, as specified 
in paragraph (e)(3)(iii) of this section; to use alternative continuous 
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of 
this section; to use alternative controls, as specified in paragraph 
(e)(3)(v) of this section; to use engineering assessment to estimate 
emissions from a batch emissions episode, as specified in paragraph 
(e)(3)(vi) of this section; to establish parameter monitoring levels 
according to the procedures contained in Sec. 63.505(c) or (d), as 
specified in paragraph (e)(3)(vii) of this section; or to include a 
provision for ceasing to collect monitoring data during a start-up, 
shutdown, or malfunction, in the start-up, shutdown, and malfunction 
plan, when that monitoring equipment would be damaged if it did not 
cease to collect monitoring data, as specified in paragraph (e)(3)(viii) 
of this section.
    (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 additional 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 September 19, 2000, and is subject to 
Administrator approval. If an Emissions Averaging Plan was submitted 
prior to June 19, 2000 and no changes need to be made to that Emissions 
Averaging Plan, the owner or operator shall re-submit the earlier plan 
or submit notification that the previously submitted plan is still 
valid. The Administrator shall determine within 120 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 days.
    (ii) Information required. The Emissions Averaging Plan shall 
contain the information listed in paragraphs (e)(4)(ii)(A) through 
(e)(4)(ii)(N) 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 shall 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

[[Page 599]]

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. 63.503(j)(1) shall be met. If the same pollution prevention 
measure reduces or eliminates emissions from multiple emission points in 
the average, the owner or operator shall 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) 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 shall 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, and the report 
specified in paragraph (e)(7)(ii) of this section shall be submitted 
with the Emissions Averaging Plan as specified in paragraph 
(e)(7)(ii)(A) of this section.
    (5) The required documentation shall include the monitoring plan 
specified in Sec. 63.122(b), to include the information specified in 
Sec. 63.120(d)(2)(i) and in either Sec. 63.120(d)(2)(ii) or (d)(2)(iii) 
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 subject to Sec. 63.485 
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)(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.
    (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 shall be

[[Page 600]]

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 
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, or
    (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), 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, 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 shall 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 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 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 shall 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.

[[Page 601]]

    (N) The required information shall include documentation of the data 
required by Sec. 63.503(k). The documentation shall 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 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 additional 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) through 
(e)(4)(iv)(C) 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 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 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 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. For 
equipment leaks subject to Sec. 63.502, the owner or operator shall 
submit the information required in Sec. 63.182(c) in the Notification of 
Compliance Status within 150 days after the first applicable compliance 
date for equipment leaks in the affected source, and an update shall be 
provided in the first Periodic Report that is due at least 150 days 
after each subsequent applicable compliance date for equipment leaks in 
the affected source. For all other emission points, including heat 
exchange systems, the Notification of Compliance Status shall contain 
the information listed in paragraphs (e)(5)(i) through (e)(5)(xii) of 
this section, as applicable, and shall be submitted no later than 150 
days

[[Page 602]]

after the compliance dates specified in this subpart.
    (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. 63.481(k), Sec. 63.122, and Sec. 63.484 for storage 
vessels, Sec. 63.117 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 for process wastewater, and Sec. 63.503 for 
emission points included in an emissions average. In addition, the owner 
or operator of an affected source shall comply with paragraphs 
(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 information, from the test report, 
that is requested on a case-by-case basis by the Administrator 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. 63.114(e) and 
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) 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 shall be submitted in the Notification of Compliance 
Status, unless this information has been established and provided in the 
operating permit application. Further, as described in Sec. 63.484(k), 
for those storage vessels for which the monitoring plan required by 
Sec. 63.484(k) specifies compliance with the provisions of Sec. 63.505, 
the owner or operator shall provide the information specified in 
paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(D) of this section for each 
monitoring parameter, unless this information has been established and 
provided in the operating permit application. For those storage vessels 
for which the monitoring plan required by Sec. 63.484(k) does not 
require compliance with the provisions of Sec. 63.505, the owner or 
operator shall provide the information specified in Sec. 63.120(d)(3) as 
part of the Notification of Compliance Status, unless this information 
has been established and provided in the operating permit application.
    (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

[[Page 603]]

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 
Notification of Compliance Status shall contain 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) [Reserved]
    (v) The determination of applicability for flexible operation units 
as specified in Sec. 63.480(f).
    (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 made under 
Sec. 63.480(g), for storage vessels assigned to an affected source 
subject to this subpart.
    (viii) The results for each predominant use determination made under 
Sec. 63.480(h) for recovery operations equipment assigned to an affected 
source subject to this subpart.
    (ix) For owners and operators of Group 2 batch front-end process 
vents establishing a batch mass input limitation, as specified in 
Sec. 63.490(f), the affected source's operating year for purposes of 
determining compliance with the batch mass input limitation.
    (x) If any emission point is subject to this subpart and to other 
standards as specified in Sec. 63.481(k), and if the provisions of 
Sec. 63.481(k) 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.
    (xi) 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.
    (xii) An owner or operator complying with paragraph (h)(1) of this 
section shall notify the Administrator of the election to comply with 
paragraph (h)(1) of this section as part of the Notification of 
Compliance Status, or as part of the appropriate Periodic Report, as 
specified in paragraph (e)(6)(ix) of this section.
    (6) Periodic Reports. For existing and new affected sources, the 
owner or operator shall submit Periodic Reports as specified in 
paragraphs (e)(6)(i) through (e)(6)(xii) of this section. In addition, 
for equipment leaks subject to Sec. 63.502, the owner or operator shall 
submit the information specified in Sec. 63.182(d) under the conditions 
listed in Sec. 63.182(d), and for heat exchange systems subject to 
Sec. 63.502(n), the owner or operator shall submit the information 
specified in Sec. 63.104(f)(2) as part of the Periodic Report required 
by this paragraph (e)(6). Section Sec. 63.505 shall govern the use of 
monitoring data to determine compliance for Group 1 emission points and 
for Group 1 and Group 2 emission points included in emissions averages 
with the following exception: As discussed in Sec. 63.484(k), for 
storage vessels to which the provisions of Sec. 63.505 do not apply, as 
specified in the monitoring plan required by Sec. 63.120(d)(2), the 
owner or operator is required to comply with the requirements set out in 
the monitoring plan, and monitoring records may be used to determine 
compliance.
    (i) Except as specified in paragraphs (e)(6)(xi) and (e)(6)(xii) of 
this section, a report containing the information in paragraph 
(e)(6)(ii) of this section or paragraphs (e)(6)(iii) through (e)(6)(x) 
of this section, as appropriate, shall be submitted semiannually no 
later than 60 days after the end of each 6-month period. The first 
report shall be submitted no later than 240 days after the date the 
Notification of Compliance

[[Page 604]]

Status is due and shall cover the 6-month period beginning on the date 
the Notification of Compliance Status is due.
    (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 there were no compliance exceptions as 
described in this paragraph for the 6-month period covered by that 
report and that none of the activities specified in paragraphs 
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period covered by that report.
    (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) for storage 
vessels, Secs. 63.117(a)(3) and 63.118(f) and 63.485(s)(5) 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) for heat exchange systems, and 
Secs. 63.146(c) through 63.146(f) 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). For excursions caused by lack of monitoring data, 
the start-time and duration of periods when monitoring data were not 
collected shall be specified.
    (C) [Reserved]
    (D) The information in paragraphs (e)(6)(iii)(D)(1) through 
(e)(6)(iii)(D)(5) 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 from Group 2 to Group 1. The owner 
or operator is not required to submit a notification of a process change 
if that process change caused the group status of an emission point to 
change from Group 1 to Group 2. However, until the owner or operator 
notifies the Administrator that the group status of an emission point 
has changed from Group 1 to Group 2, the owner or operator is required 
to continue to comply with the Group 1 requirements for that emission 
point. This notification may be submitted at any time.
    (3) Notification if one or more emission points (other than 
equipment leaks) 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)(ii) of this section.
    (i) A description of the addition to the affected source; and
    (ii) Notification of the group status of the additional emission 
point or all emission points in the EPPU.
    (4) Notification if a standard operating procedure, as defined in 
Sec. 63.500(a)(2), is changed and the change has the potential for 
increasing the concentration of carbon disulfide in the crumb dryer 
exhaust. This notification shall also include test results of the carbon 
disulfide concentration resulting from the new standard operating 
procedure.
    (5) 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.
    (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 mass input 
limitation, every second Periodic Report shall include the mass of HAP 
or material input to the batch unit operation during the 12-month period 
covered by the preceding and current Periodic Reports, and a statement 
of whether the batch front-end process vent was in or out of compliance 
with the batch mass input 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

[[Page 605]]

the same method, results and any other information, pertaining to the 
performance test, that is requested on a case-by-case basis by the 
Administrator shall be submitted, but a complete test report is not 
required.
    (vi) Notification of a change in the primary product of an EPPU, in 
accordance with the provisions in Sec. 63.480(f). This includes a change 
in primary product from one elastomer product to either another 
elastomer product or to a non-elastomer product.
    (vii) The results for each change made to a predominant use 
determination made under Sec. 63.480(g) for a storage vessel that is 
assigned to an affected source subject to this subpart after the change.
    (viii) The results for each change made to a predominant use 
determination made under Sec. 63.480(h) for recovery operations 
equipment assigned to an affected source subject to this subpart after 
the change.
    (ix) An owner or operator complying with paragraph (h)(1) of this 
section shall notify the Administrator of the election to comply with 
paragraph (h)(1) of this section as part of the Periodic Report or as 
part of the Notification of Compliance Status as specified in paragraph 
(e)(5)(xi) of this section.
    (x) An owner or operator electing not to retain daily average or 
batch cycle daily average values under paragraph (h)(2) of this section 
shall notify the Administrator as specified in paragraph (h)(2)(i) of 
this section.
    (xi) The owner or operator of an affected source shall submit 
quarterly reports for all emission points included in an emissions 
average as specified in paragraphs (e)(6)(xi)(A) through (e)(6)(xi)(C) 
of this section.
    (A) The quarterly reports shall be submitted no later than 60 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)(xi)(B)(1) through (e)(6)(xi)(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) 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.
    (xii) 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)(xii)(A) through (e)(6)(xii)(D) of this section.
    (A) 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:
    (1) A control or recovery device for a particular emission point or 
process section has more excursions, as defined in Sec. 63.505(g) or 
Sec. 63.505(h), than the number of excused excursions allowed under 
Sec. 63.505(i) for a semiannual reporting period; or

[[Page 606]]

    (2) The Administrator requests that the owner or operator submit 
quarterly reports for the emission point or process section.
    (B) The quarterly reports shall include all information specified in 
paragraphs (e)(6)(iii) through (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)(xii)(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 days after 
the end of each quarter.
    (D) After quarterly reports have been submitted for an emission 
point for 1 year without more excursions occurring (during that year) 
than the number of excused excursions allowed under Sec. 63.505(i), the 
owner or operator may return to semiannual reporting for the emission 
point or process section.
    (7) Other reports. Other reports shall be submitted as specified in 
paragraphs (e)(7)(i) through (e)(7)(v) 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).
    (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, as specified in paragraph (e)(7)(ii)(A) or 
(e)(7)(ii)(B) of this section, as appropriate.
    (A) If use of a nominal control efficiency is part of the initial 
Emissions Averaging Plan described in paragraph (e)(4)(ii) of this 
section, the information in paragraph (e)(7)(iii) of this section shall 
be submitted with the Emissions Averaging Plan.
    (B) If an owner or operator elects to use a nominal control 
efficiency after submittal of the initial Emissions Averaging Plan as 
described in paragraph (e)(4)(ii) of this section, the information 
required by paragraph (e)(7)(ii) of this section shall be submitted at 
the discretion of the owner or operator.
    (iii) For back-end process operations using a control or recovery 
device to comply with Secs. 63.493 through 63.500, the compliance 
redetermination report required by Sec. 63.499(d) shall be submitted 
within 180 days after the process change.
    (iv) When the conditions of Secs. 63.480(f)(3)(iii), (f)(9), or 
63.480(f)(10)(iii) are met, reports of changes to the primary product 
for an EPPU or process unit, as required by Secs. 63.480(f)(3)(iii), 
63.480(f)(9), or 63.480(f)(10)(iii)(C), respectively, shall be 
submitted.
    (v) Owners or operators of EPPU or emission points (other than 
equipment leak components subject to Sec. 63.502) that are subject to 
Sec. 63.480(i)(1) or (i)(2) shall submit a report as specified in 
paragraphs (e)(7)(v)(A) and (B) of this section.
    (A) Reports shall include:
    (1) A description of the process change or addition, as appropriate;
    (2) The planned start-up date and the appropriate compliance date, 
according to Sec. 63.480(i)(1) or (2);
    (3) Identification of the group status of emission points (except 
equipment leak components subject to the requirements in Sec. 63.502) 
specified in paragraphs (e)(7)(v)(A)(3)(i) through (iii) of this 
section, as applicable.
    (i) All the emission points in the added EPPU, as described in 
Sec. 63.480(i)(1).
    (ii) All the emission points in an affected source designated as a 
new affected source under Sec. 63.480(i)(2)(i).
    (iii) All the added or created emission points as described in 
Sec. 63.480(i)(2)(ii) or (i)(2)(iii).
    (4) If the owner or operator wishes to request approval to use 
alternative monitoring parameters, alternative continuous monitoring or 
recordkeeping, alternative controls, engineering assessment to estimate 
emissions from a batch emissions episode, or wishes to establish 
parameter monitoring levels according to the procedures contained in 
Sec. 63.505(c) or (d), a Precompliance Report shall be submitted in 
accordance with paragraph (e)(7)(v)(B) of this section.

[[Page 607]]

    (B) Reports shall be submitted as specified in paragraphs 
(e)(7)(v)(B)(1) through (e)(7)(v)(B)(3) of this section, as appropriate.
    (1) Owners or operators of an added EPPU subject to 
Sec. 63.480(i)(1) shall submit a report no later than 180 days prior to 
the compliance date for the EPPU.
    (2) Owners or operators of an affected source designated as a new 
affected source under Sec. 63.480(i)(2)(i) shall submit a report no 
later than 180 days prior to the compliance date for the affected 
source.
    (3) Owners and operators of any emission point (other than equipment 
leak components subject to Sec. 63.502) subject to Sec. 63.480(i)(2)(ii) 
or (i)(2)(iii) shall submit a report no later than 180 days prior to the 
compliance date for those emission points.
    (8) Operating permit application. An owner or operator who submits 
an operating permit application instead of an Emissions Averaging Plan 
or a Precompliance Report shall include 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 of an 
affected source who has been directed by any section of this subpart, or 
any section of another subpart referenced by this subpart, that 
expressly references this paragraph (f) or Sec. 63.151(f) 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 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 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 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 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 process 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)

[[Page 608]]

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) 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 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, 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 during every 
15 minute period;
    (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.
    (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).
    (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 that would otherwise apply under this subpart. 
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, except as 
otherwise provided in paragraph (h)(1)(vi)(D) of this section.
    (1) The owner or operator may retain only the daily average or the 
batch cycle daily average value, and is not

[[Page 609]]

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 Compliance Status as specified in paragraph 
(e)(5)(xii) of this section, 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, as specified in paragraph (e)(6)(ix) 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 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 (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.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) 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. The description, and the most recent superseded 
description, shall be retained as provided in paragraph (a) of

[[Page 610]]

this section, except as provided in paragraph (h)(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 impair its ability to comply 
with the requirements of paragraph (h)(1) of this section.
    (D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this 
section shall retain the current description of the monitoring system as 
long as the description is current. 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 all superseded descriptions 
for at least 5 years after the date of their creation. Superseded 
descriptions shall be retained on-site (or accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request) for at least 6 months after their creation. Thereafter, 
superseded descriptions may be stored off-site.
    (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 as specified in paragraph 
(e)(6)(x) of this section. 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) through(h)(1)(iii) 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)(iii) 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 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 
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. 63.505(i), shall not 
be considered an excursion for the purposes of paragraph (h)(2) of this 
section.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 65 
FR 38076, June 19, 2000]

[[Page 611]]


       Table 1 to Subpart U of Part 63.--Applicability of General Provisions to Subpart U Affected Sources
----------------------------------------------------------------------------------------------------------------
              Reference                  Applies to subpart U                      Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)...........................  Yes....................  Sec.  63.482 specifies definitions in addition
                                                                 to or that supersede definitions in Sec.  63.2.
63.1(a)(2)...........................  Yes                      ................................................
63.1(a)(3)...........................  Yes....................  Sec.  63.481(f) through (k) and Sec.  63.160(b)
                                                                 identify those standards which may apply in
                                                                 addition to the requirements of subparts U and
                                                                 H of this part, and specify how compliance
                                                                 shall be achieved.
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)..........................  Yes                      ................................................
63.1(a)(11)..........................  Yes                      ................................................
63.1(a)(12)-63.1(a)(14)..............  Yes                      ................................................
63.1(b)(1)...........................  No.....................  Sec.  63.480(a) contains specific applicability
                                                                 criteria.
63.1(b)(2)...........................  Yes                      ................................................
63.1(b)(3)...........................  No.....................  Sec.  63.480(b) 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 that are not required by
                                                                 subpart U.
63.1(d)..............................  No.....................  [Reserved]
63.1(e)..............................  Yes                      ................................................
63.2.................................  Yes....................  Sec.  63.482 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)(1)...........................  Yes....................  Except the terms ``source'' and ``stationary
                                                                 source'' should be interpreted as having the
                                                                 same meaning as ``affected source''.
63.5(a)(2)...........................  Yes                      ................................................
63.5(b)(1)...........................  Yes....................  Except Sec.  63.480(i) defines when construction
                                                                 or reconstruction is subject to new source
                                                                 standards.
63.5(b)(2)...........................  No.....................  [Reserved]
63.5(b)(3)...........................  Yes....................
63.5(b)(4)...........................  Yes....................  Except that the Initial Notification and Sec.
                                                                 63.9(b) requirements do not apply.
63.5(b)(5)...........................  Yes....................
63.5(b)(6)...........................  Yes....................  Except that Sec.  63.480(i) defines when
                                                                 construction or reconstruction is subject to
                                                                 the new source standards.
63.5(c)..............................  No.....................  [Reserved]
63.5(d)(1)(i)........................  Yes....................  Except that the references to the Initial
                                                                 Notification and Sec.  63.9(b)(5) do not apply.
63.5(d)(1)(ii).......................  Yes....................  Except that Sec.  63.5(d)(1)(ii)(H) does not
                                                                 apply.
63.5(d)(1)(iii)......................  No.....................  Sec.  63.506(e)(5) and Sec.  63.502(f) specify
                                                                 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, and
                                                                 equipment leaks subject to Sec.  63.502 are
                                                                 exempt.
63.5(d)(4)...........................  Yes....................
63.5(e)..............................  Yes....................
63.5(f)(1)...........................  Yes....................
63.5(f)(2)...........................  Yes....................  Except that where Sec.  63.9(b)(2) is referred
                                                                 to, the owner or operator need not comply.
63.6(a)..............................  Yes....................
63.6(b)(1)...........................  No.....................  The dates specified in Sec.  63.481(b) apply,
                                                                 instead.
63.6(b)(2)...........................  No.....................
63.6(b)(3)...........................  No.....................
63.6(b)(4)...........................  No.....................
63.6(b)(5)...........................  No.....................
63.6(b)(6)...........................  No.....................  [Reserved]
63.6(b)(7)...........................  No.....................
63.6(c)(1)...........................  Yes....................  Sec.  63.481 specifies the compliance date.
63.6(c)(2)...........................  No.....................
63.6(c)(3)...........................  No.....................  [Reserved]
63.6(c)(4)...........................  No.....................  [Reserved]
63.6(c)(5)...........................  Yes....................

[[Page 612]]

 
63.6(d)..............................  No.....................  [Reserved]
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.\a\
63.6(e)(1)(i)........................  No.....................  This is addressed by Sec.  63.480(j)(4).
63.6(e)(1)(ii).......................  Yes....................
63.6(e)(1)(iii)......................  Yes....................
63.6(e)(2)...........................  Yes....................
63.6(e)(3)(i)........................  Yes....................  For equipment leaks (subject to Sec.  63.502),
                                                                 the start-up, shutdown, and malfunction plan
                                                                 requirement of Sec.  63.6(e)(3)(i) is limited
                                                                 to control devices and is optional for other
                                                                 equipment. The start-up, 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.  63.480(j)(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.  63.506(b)(1).
63.6(e)(3)(iv).......................  No.....................  Recordkeeping and reporting are specified in
                                                                 Sec.  63.506(b)(1).
63.6(e)(3)(v)........................  Yes....................
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 shall provide for operation in
                                                                 compliance with Sec.  63.480(j)(4).
63.6(e)(3)(vii)(C)...................  Yes....................
63.6(e)(3)(viii).....................  Yes....................
63.6(f)(1)...........................  Yes....................
63.6(f)(2)...........................  Yes....................  Except 63.7(c), as referred to in Sec.
                                                                 63.6(f)(2)(iii)(D) does not apply, and except
                                                                 that Sec.  63.6(f)(2)(ii) does not apply to
                                                                 equipment leaks subject to Sec.  63.502.
63.6(f)(3)...........................  Yes....................
63.6(g)..............................  Yes....................
63.6(h)..............................  No.....................  Subpart U does not require opacity and visible
                                                                 emission standards.
63.6(i)(1)...........................  Yes....................
63.6(i)(2)...........................  Yes....................
63.6(i)(3)...........................  Yes....................
63.6(i)(4)(i)(A).....................  Yes....................
63.6(i)(4)(i)(B).....................  No.....................  Dates are specified in Sec.  63.481(e) and Sec.
                                                                 63.506(e)(3)(i).
63.6(i)(4)(ii).......................  No.....................
63.6(i)(5)-(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)...........................  No.....................  Sec.  63.506(e)(5) specifies the submittal dates
                                                                 of performance test results for all emission
                                                                 points except equipment leaks; for equipment
                                                                 leaks, compliance demonstration results are
                                                                 reported in the Periodic Reports.
63.7(a)(3)...........................  Yes....................
63.7(b)..............................  No.....................  Sec.  63.504(a)(4) 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)(1)...........................  Yes....................  Except that all performance tests shall be
                                                                 conducted at maximum representative operating
                                                                 conditions achievable at the time without
                                                                 disruption of operations or damage to
                                                                 equipment.
63.7(e)(2)...........................  Yes....................
63.7(e)(3)...........................  No.....................  Subpart U specifies requirements.
63.7(e)(4)...........................  Yes....................
63.7(f)..............................  Yes....................  Except that Sec.  63.144(b)(5)(iii)(A) & (B)
                                                                 shall apply for process wastewater. Also, since
                                                                 a site specific test plan is not required, the
                                                                 notification deadline in Sec.  63.7(f)(2)(i)
                                                                 shall be 60 days prior to the performance test,
                                                                 and in Sec.  63.7(f)(3) approval or disapproval
                                                                 of the alternative test method shall not be
                                                                 tied to the site specific test plan.
63.7(g)..............................  Yes....................  Except that the requirements in Sec.
                                                                 63.506(e)(5) shall apply instead of references
                                                                 to the Notification of Compliance Status report
                                                                 in 63.9(h). In addition, equipment leaks
                                                                 subject to Sec.  63.502 are not required to
                                                                 conduct performance tests.
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)(2) 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....................

[[Page 613]]

 
63.8(b)(2)...........................  No.....................  Subpart U specifies locations to conduct
                                                                 monitoring.
63.8(b)(3)...........................  Yes....................
63.8(c)(1)...........................  Yes....................
63.8(c)(1)(i)........................  Yes....................
63.8(c)(1)(ii).......................  No.....................  For all emission points except equipment leaks,
                                                                 comply with Sec.  63.506(b)(1)(i)(B); for
                                                                 equipment leaks, comply with Sec.
                                                                 63.181(g)(2)(iii).
63.8(c)(1)(iii)......................  Yes....................
63.8(c)(2)...........................  Yes....................
63.8(c)(3)...........................  Yes....................
63.8(c)(4)...........................  No.....................  Sec.  63.505 specifies monitoring frequency; not
                                                                 applicable to equipment leaks, because Sec.
                                                                 63.502 does not require continuous monitoring
                                                                 systems.
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) or (g); not applicable to
                                                                 equipment leaks, because Sec.  63.502 (through
                                                                 reference to subpart H) specifies acceptable
                                                                 alternative methods.
63.8(f)(4)(ii).......................  No.....................  Contents of request are specified in Sec.
                                                                 63.506(f) or (g).
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) and (h); not applicable to equipment
                                                                 leaks.
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.....................  Sec.  63.504(a)(4) specifies notification
                                                                 deadline.
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) specifies Notification of
                                                                 Compliance Status requirements.
63.9(i)..............................  Yes....................
63.9(j)..............................  No.....................
63.10(a).............................  Yes....................
63.10(b)(1)..........................  No.....................  Sec.  63.506(a) specifies record retention
                                                                 requirements.
63.10(b)(2)..........................  No.....................  Subpart U specifies recordkeeping requirements.
63.10(b)(3)..........................  No.....................  Sec.  63.480(b) requires documentation of
                                                                 sources that are not affected sources.
63.10(c).............................  No.....................  Sec.  63.506 specifies recordkeeping
                                                                 requirements.
63.10(d)(1)..........................  Yes....................
63.10(d)(2)..........................  No.....................  Sec.  63.506(e)(5) specifies performance test
                                                                 reporting requirements; not applicable to
                                                                 equipment leaks.
63.10(d)(3)..........................  No.....................  Subpart U does not require opacity and visible
                                                                 emission standards.
63.10(d)(4)..........................  Yes....................
63.10(d)(5)(i).......................  Yes....................  Except that reports required by Sec.
                                                                 63.10(d)(5)(i) shall be submitted at the same
                                                                 time as Periodic Reports specified in Sec.
                                                                 63.506(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(d)(5)(ii)......................  No.....................
63.10(e).............................  No.....................  Sec.  63.506 specifies reporting requirements.
63.10(f).............................  Yes....................
63.11................................  Yes....................  Except that instead of Sec.  63.11(b), Sec.
                                                                 63.504(c) shall apply.
63.12................................  Yes....................  Except that the authority of Sec.  63.503(i) and
                                                                 the authority of Sec.  63.177 (for equipment
                                                                 leaks) will not be delegated to States.
63.13-63.15..........................  Yes ...................
----------------------------------------------------------------------------------------------------------------
\a\ 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.

[65 FR 38084, June 19, 2000]

[[Page 614]]


 Table 2 to Subpart U of Part 63--Applicability of Subparts F, G, & H of This Part to Subpart U Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                                   Applicable section of subpart
       Reference        Applies to subpart U              Explanation                            U
----------------------------------------------------------------------------------------------------------------
       Subpart F
63.100................  No..................
63.101................  Yes.................  Several definitions from 63.101 are  63.482
                                               referenced in 63.482.
63.102-63.103.........  No..................
63.104-63.105.........  Yes.................  ...................................  63.501 and 63.502
63.106-63.109.........  No..................
 
       Subpart G
 
63.110................  No..................
63.111................  Yes.................  Several definitions from 63.111 are  63.482
                                               referenced in 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(s).
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)(19).
63.148-63.149.........  Yes.................  With the differences noted in        63.484 and 63.501
                                               63.484(c) through 63.484(s) and
                                               63.501(a)(1) through 63.501(a)(23).
63.150(a) through       No..................
 63.150(f).
63.150(g)(1) and        No..................
 63.150(g)(2).
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        No..................
 63.150(h)(2).
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       No..................
 63.150(o).
63.151-63.152.........  No..................
 
       Subpart H
 
63.160-63.183.........  Yes.................  Subpart U affected sources shall     63.502
                                               comply with all requirements of
                                               subpart H of this part, with the
                                               differences noted in Sec.  63.502.
----------------------------------------------------------------------------------------------------------------

[65 FR 38087, June 19, 2000]

    Table 3 of Part 63.--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.


       Table 4 of Part 63.--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 615]]


      Table 5 to Subpart U of Part 63--Known Organic HAP Emitted From the Production of 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).......  .....  .....  .....  .....  .....  .....  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
SBRE = Styrene Butadiene Rubber by Emulsion

[65 FR 38089, June 19, 2000]

 Table 6 to Subpart U of Part 63--Group 1 Batch Front-End Process Vents
    and Aggregate Batch Vent Streams--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
                                                     value 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.

[[Page 616]]

 
                                                    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
                                                     value 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.
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
 vents or aggregate batch
 vent streams are not
 introduced with or used as
 the primary fuel.
                                                    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).
                                                     d
                                                    4. Report all batch
                                                     cycle daily average
                                                     temperatures that
                                                     are below the
                                                     minimum operating
                                                     value 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 a flame was
                                                     continuously
                                                     present at the
                                                     pilot light 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 all
                                                     flames at the pilot
                                                     light of a flare
                                                     are absent or the
                                                     monitor is not
                                                     operating.
                                                    4. Report the times
                                                     and durations of
                                                     all periods during
                                                     batch emission
                                                     episodes selected
                                                     for control when
                                                     all flames at the
                                                     pilot light 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
 device other than a flare).
                                                     2. Record and
                                                     report 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).

[[Page 617]]

 
                                                     4. Report all batch
                                                     cycle daily average
                                                     pH values of the
                                                     scrubber effluent
                                                     that are below the
                                                     minimum operating
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when insufficient
                                                     monitoring data are
                                                     collected--PR.d e
Scrubber for halogenated      Scrubber liquid and   1. Records as
 batch front-end process       gas flow rates        specified in Sec.
 vents or aggregate batch      [Sec.  63.489         63.491(e)(1).b
 vent streams (Note:           (b)(4)(ii)].         2. Record and report
 Controlled by a combustion                          the scrubber liquid/
 device other than a flare)                          gas ratio averaged
 (Continued).                                        over the full
                                                     period of the
                                                     performance test--
                                                     NCS.c
                                                     3. Record the batch
                                                     cycle daily average
                                                     scrubber liquid/gas
                                                     ratio as specified
                                                     in Sec.
                                                     63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     scrubber liquid/gas
                                                     ratios that are
                                                     below the minimum
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when insufficient
                                                     monitoring data are
                                                     collected--PR.d e
Absorber f..................  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 absorbing
                                                     liquid exit
                                                     temperature
                                                     established in the
                                                     NCS or operating
                                                     permit and all
                                                     instances when
                                                     monitoring data are
                                                     not collected--PR.d
                                                     e
  ..........................                        Exit specific
                                                     gravity of the
                                                     absorbing liquid 1.
                                                     Continuous records
                                                     as 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
                                                     value 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
                                                    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
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when monitoring
                                                     data are not
                                                     collected--PR.d, e

[[Page 618]]

 
Carbon Adsorber f...........  Total regeneration    1. Record of total
                               steam flow or         regeneration steam
                               nitrogen flow, or     flow or nitrogen
                               pressure (gauge or    flow, or pressure
                               absolute) during      for each carbon bed
                               carbon bed            regeneration cycle.
                               regeneration
                               cycle(s), and.
                                                    2. Record and report
                                                     the total
                                                     regeneration steam
                                                     flow or nitrogen
                                                     flow, or pressure
                                                     during each carbon
                                                     bed regeneration
                                                     cycle during the
                                                     performance test--
                                                     NCS.c
                                                    3. Report all carbon
                                                     bed regeneration
                                                     cycles when the
                                                     total regeneration
                                                     steam flow or
                                                     nitrogen flow, or
                                                     pressure is above
                                                     the maximum value
                                                     established in the
                                                     NCS or operating
                                                     permit--PR.d, e
                              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 value
                                                     established in the
                                                     NCS or operating
                                                     permit--PR.d, e
All Control Devices.........  Diversion to the      1. Hourly records of
                               atmosphere from the   whether the flow
                               control device or.    indicator was
                                                     operating during
                                                     batch emission
                                                     episodes selected
                                                     for control and
                                                     whether a diversion
                                                     was detected at any
                                                     time during the
                                                     hour, as specified
                                                     in Sec.
                                                     63.491(e)(3).
                                                    2. Record and report
                                                     the times 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--PRd
                              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 that valves
                                                     are in the
                                                     diverting position
                                                     or that a seal has
                                                     been broken--PRd
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
                               outlet of the
                               recovery device.
                                                    2. Record and report
                                                     the average batch
                                                     vent 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).
                                                    4. Report all batch
                                                     cycle daily average
                                                     concentration
                                                     levels or readings
                                                     that are above the
                                                     maximum values
                                                     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 duct work
  immediately downstream of the firebox before any substantial heat
  exchange is encountered.

[[Page 619]]

 
b ``Continuous records'' is defined in Sec.  63.111.
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.

[65 FR 38090, June 19, 2000]

     Table 7 to Subpart U of Part 63--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 liquid/gas
                               scrubber liquid and   ratio.
                               gas flow rates.
                              [Sec.  63.489(b)(4)(
                               ii)].
Absorber....................  Exit temperature of   Maximum temperature;
                               the absorbing         and maximum
                               liquid; and exit      specific gravity.
                               specific gravity of
                               the absorbing
                               liquid.
Condenser...................  Exit temperature....  Maximum temperature.
Carbon adsorber.............  Total regeneration    Maximum flow or
                               steam flow or         pressure; and
                               nitrogen flow, or     maximum
                               pressure (gauge or    temperature.
                               absolute)a during
                               carbon bed
                               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) b.    level or reading at   concentration or
                               outlet of device.     reading.
------------------------------------------------------------------------
a 25 to 50 mm (absolute) is a common pressure level obtained by pressure
  swing absorbers.
b Concentration is measured instead of an operating parameter.

[65 FR 38093, June 19, 2000]

   Table 8 to Subpart U of Part 63--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 a stripper
 Technology, Demonstrated      content in each       operated in batch
 through Periodic Sampling     sample of crumb or    mode is used, at
 [Sec.  63.495(b)].            latex.                least one
                                                     representative
                                                     sample is to be
                                                     taken from every
                                                     batch.
                                                    (2) If a stripper
                                                     operated in
                                                     continuous mode 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).
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 of     subpart G of this
                               this part.            part, except for
                                                     the requirements
                                                     for halogenated
                                                     vent stream
                                                     scrubbers.
------------------------------------------------------------------------


[[Page 620]]

[65 FR 38093, June 19, 2000]

   Table 9 to Subpart U of Part 63-- Routine Reports Required by This
                                 Subpart
------------------------------------------------------------------------
                                  Description of
           Reference                  report              Due date
------------------------------------------------------------------------
Sec.  63.506(b) and Subpart A.  Refer to Sec.      Refer to subpart A.
                                 63.506(b), Table
                                 1 of this
                                 subpart, and to
                                 subpart A.
Sec.  63.506(e)(3)............  Precompliance      Existing affected
                                 Report a.          sources: 12 months
                                                    prior to compliance
                                                    date.
                                New affected
                                 sources: with
                                 the application
                                 for approval of
                                 construction or
                                 reconstruction.
Sec.  63.506(e)(4)............  Emissions          18 months prior to
                                 Averaging Plan.    the compliance date.
Sec.  63.506(e)(4)(iv)........  Updates to         120 days prior to
                                 Emissions          making the change
                                 Averaging Plan.    necessitating the
                                                    update.
Sec.  63.506(e)(5)............  Notification of    Within 150 days after
                                 Compliance         the compliance date.
                                 Status b.
Sec.  63.506(e)(6)............  Periodic Reports.  Semiannually, no
                                                    later than 60 days
                                                    after the end of
                                                    each 6-month period.
                                                    See Sec.
                                                    63.506(e)(6)(i) for
                                                    the due date for
                                                    this report.
Sec.  63.506(e)(6)(xi)........  Quarterly reports  No later than 60 days
                                 for Emissions      after the end of
                                 Averaging.         each quarter. First
                                                    report is due with
                                                    the Notification of
                                                    Compliance Status.
Sec.  63.506(e)(6)(xii).......  Quarterly reports  No later than 60 days
                                 upon request of    after the end of
                                 the                each quarter.
                                 Administrator.
Sec.  63.506(e)(7)(i).........  Storage Vessels    At least 30 days
                                 Notification of    prior to the
                                 Inspection.        refilling of each
                                                    storage vessel or
                                                    the inspection of
                                                    each storage vessel.
Sec.  63.506(e)(7)(ii)........  Requests for       Initial submittal is
                                 Approval of a      due with the
                                 Nominal Control    Emissions Averaging
                                 Efficiency for     Plan; later
                                 Use in Emissions   submittals are made
                                 Averaging.         at the discretion of
                                                    the owner or
                                                    operator as
                                                    specified in Sec.
                                                    63.506(e)(7)(ii)(B).
Sec.  63.506(e)(7)(iii).......  Notification of    For notification
                                 Change in the      under Sec.
                                 Primary Product.   63.480(f)(3)(ii)
                                                   --notification
                                                    submittal date at
                                                    the discretion of
                                                    the owner or
                                                    operator.c
                                                   For notification
                                                    under Sec.
                                                    63.480(f)(4)(ii)
                                                   --within 6 months of
                                                    making the
                                                    determination.
------------------------------------------------------------------------
a There may be two versions of this report due at different times; one
  for equipment subject to Sec.  63.502 and one for other emission
  points subject to this subpart.
b There will be two versions of this report due at different times; one
  for equipment subject to Sec.  63.502 and one for other emission
  points subject to this subpart.
c Note that the EPPU remains subject to this subpart until the
  notification under Sec.  63.480(f)(3)(i) is made.

[65 FR 38093, June 19, 2000]

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

[[Page 621]]

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 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 
connector, 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

[[Page 622]]

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.

[60 FR 12676, Mar. 8, 1995, as amended at 65 FR 26497, May 8, 2000]

    Effective Date Note: At 65 FR 26497, May 8, 2000, Sec. 63.522 was 
amended by revising the definition of Equipment leaks, effective July 7, 
2000. For the convenience of the user, the superseded text is set forth 
as follows:

Sec. 63.522  Definitions.

                                * * * * *

    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.

                                * * * * *



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.



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

[[Page 623]]

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.
    (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

[[Page 624]]

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 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:

[[Page 625]]

[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


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

[[Page 626]]

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 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

[[Page 627]]

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.
    (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.

[[Page 628]]

    (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.
    (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

[[Page 629]]

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);
    (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

[[Page 630]]

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 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.

[[Page 631]]

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

[[Page 632]]

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

[[Page 633]]

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



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

    Source: 62 FR 32216, June 13, 1997, 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

[[Page 634]]

sources. The provisions of this subpart do not apply to primary lead 
smelters, lead refiners, or lead remelters.
    (b) Table 1 of this subpart specifies the provisions of subpart A 
that apply and those that do not apply to owners and operators of 
secondary lead smelters subject to this subpart.

         Table 1.--General Provisions Applicability to Subpart X
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart X             Comment
------------------------------------------------------------------------
63.1..........................  Yes..............
63.2..........................  Yes..............
63.3..........................  Yes..............
63.4..........................  Yes..............
63.5..........................  Yes..............
63.6 (a), (b), (c), (e), (f),   Yes..............
 (g), (i) and (j).
63.6 (d) and (h)..............  No...............  No opacity limits in
                                                    rule.
63.7..........................  Yes..............
63.8..........................  Yes..............
63.9 (a), (b), (c), (d), (e),   Yes..............
 (g), (h)(1-3), (h)(5-6), and
 (j).
63.9 (f) and (h)(4)...........  No...............  No opacity or visible
                                                    emission limits in
                                                    subpart X.
63.10.........................  Yes..............
63.11.........................  No...............  Flares will not be
                                                    used to comply with
                                                    the emission limits.
63.12 to 63.15................  Yes..............
------------------------------------------------------------------------

    (c) If you are the owner or operator of a source subject to the 
provisions of this subpart, you are also subject to title V permitting 
requirements under 40 CFR parts 70 or 71, as applicable. Your title V 
permitting authority may defer your source from these permitting 
requirements until December 9, 2004, if your source is not a major 
source and is not located at a major source as defined under 40 CFR 
63.2, 70.2, or 71.2, and is not otherwise required to obtain a title V 
permit. If you receive a deferral under this section, you must submit a 
title V permit application by December 9, 2005. You must continue to 
comply with the provisions of this subpart applicable to area sources, 
even if you receive a deferral from title V permitting requirements.

[62 FR 32216, June 13, 1997, as amended at 64 FR 4572, Jan. 29, 1999; 64 
FR 69643, Dec. 14, 1999]



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 635]]

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.
    Pressurized dryer breaching seal means a seal system connecting the 
dryer transition pieces which is maintained at a higher pressure than 
the inside of the dryer.
    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

[[Page 636]]

 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 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.

[62 FR 32216, June 13, 1997, as amended at 63 FR 45011, Aug. 24, 1998]



Sec. 63.543  Standards for process sources.

    (a) No owner or operator of a secondary lead smelter shall discharge 
or cause to be discharged into the atmosphere from any existing, new, or 
reconstructed blast, reverberatory, rotary, or electric smelting furnace 
any gases that contain lead compounds in excess of 2.0 milligrams of 
lead per dry standard cubic meter (0.00087 grains of lead per dry 
standard cubic foot).
    (b) [Reserved]
    (c) No owner or operator of a secondary lead smelter with a 
collocated blast furnace and reverberatory furnace shall discharge or 
cause to be discharged into the atmosphere from any existing, new, or 
reconstructed blast furnace or reverberatory furnace any gases that 
contain total hydrocarbons in excess of 20 parts per million by volume, 
expressed as propane corrected to 4 percent carbon dioxide, except as 
allowed under Paragraphs (c)(1) and (c)(2) of this section.
    (1) No owner or operator of a secondary lead smelter with a 
collocated blast furnace and reverberatory furnace shall discharge or 
cause to be discharged into the atmosphere from any existing blast 
furnace any gases that contain total hydrocarbons in excess of 360 parts 
per million by volume, expressed as propane corrected to 4 percent 
carbon dioxide, during periods when the reverberatory furnace is not 
operating.
    (2) No owner or operator of a secondary lead smelter with a 
collocated blast furnace and reverberatory furnace shall discharge or 
cause to be discharged into the atmosphere from any blast furnace that 
commences construction or reconstruction after June 9, 1994, any gases 
that contain total hydrocarbons in excess of 70 parts per million by 
volume, expressed as propane corrected to 4 percent carbon dioxide, 
during periods when the reverberatory furnace is not operating.
    (d) No owner or operator of a secondary lead smelter with only blast 
furnaces shall discharge or cause to be discharged into the atmosphere 
from any existing blast furnace any gases that contain total 
hydrocarbons in excess of 360 parts per million by volume, expressed as 
propane corrected to 4 percent carbon dioxide.
    (e) No owner or operator of a secondary lead smelter with only blast 
furnaces shall discharge or cause to be discharged into the atmosphere 
from any blast furnace that commences construction or reconstruction 
after June 9, 1994, any gases that contain total hydrocarbons in excess 
of 70 parts per million by volume, expressed as propane corrected to 4 
percent carbon dioxide.

[[Page 637]]

    (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 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 exhaust shall not contain total 
hydrocarbons in excess of 20 parts per million by volume, expressed as 
propane.
    (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.


[62 FR 32216, June 13, 1997, as amended at 63 FR 45011, Aug. 24, 1998]



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.

[[Page 638]]

    (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 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) As an alternative to paragraph (a)(5) of this section, an owner 
or operator may elect to control the process fugitive emissions from 
dryer transition pieces by installing and operating pressurized dryer 
breaching seals at each transition piece.
    (h) 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.
 

[[Page 639]]

 
 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.


[62 FR 32216, June 13, 1997, as amended at 63 FR 45011, Aug. 24, 1998]



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.
    (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. Existing sources wishing to apply for an 
extension of compliance pursuant to section 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

[[Page 640]]

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.

[62 FR 32216, June 13, 1997, as amended at 64 FR 4572, Jan. 29, 1999]



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 tests methods in appendix A of part 60 listed in 
paragraphs (b)(1) through (b)(4) of this section shall be used, as 
specified, to determine compliance with the emission standards for total 
hydrocarbons 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) 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).
    (3) 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).
    (4) 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.

[[Page 641]]

    (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).
    (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.

[62 FR 32216, June 13, 1997, as amended at 63 FR 45011, Aug. 24, 1998]



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.

[[Page 642]]

    (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 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)(9) of 
this section, shall meet the specification 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

[[Page 643]]

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 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.

[[Page 644]]

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 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).
    (k) The owner or operator of a secondary lead smelter who uses 
pressurized dryer breaching seals in order to comply with the 
requirements of Sec. 63.544(g) shall equip each seal with an alarm that 
will ``sound'' or ``go off'' if the pressurized dryer breaching seal 
malfunctions.

[62 FR 32216, June 13, 1997, as amended at 63 FR 45011, Aug. 24, 1998]



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

[[Page 645]]

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 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.

[[Page 646]]

    (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).



 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,

[[Page 647]]

subpart BB, National Emissions Standards for Benzene Emissions from 
Benzene Transfer Operations, except that benzene emissions or other HAP 
emissions (i.e., nonbenzene HAP emissions) from marine tank vessel 
loading operations that are not subject to subpart BB are subject to the 
provisions of this subpart.
    (5) The provisions of this subpart pertaining to the MACT standards 
in Sec. 63.562(b) and (d) do not apply to marine tank vessel loading 
operations at loading berths that only transfer liquids containing 
organic HAP as impurities, as that term is defined in Sec. 63.561.
    (6) The provisions of this subpart do not apply to marine tank 
vessel loading operations at existing offshore loading terminals, as 
that term is defined in Sec. 63.561.
    (7) The provisions of this subpart do not apply to ballasting 
operations, as that term is defined in Sec. 63.561.
    (e) Compliance dates--(1) MACT standards compliance dates, except 
the Valdez Marine Terminal (VMT) source. (i) A new or existing source 
with emissions of 10 or 25 tons, except the VMT source, and a new source 
with emissions less than 10 and 25 tons, except the VMT source, that has 
an initial startup date on or before September 20, 1999 shall comply 
with the provisions of this subpart pertaining to the MACT standards in 
Sec. 63.562(b) no later than 4 years after the effective date.
    (ii) A new source with emissions of 10 or 25 tons, except the VMT 
source, and a new source with emissions less than 10 and 25 tons, except 
the VMT source, that has an initial startup date after September 20, 
1999 shall comply with provisions of this subpart pertaining to the MACT 
standards in Sec. 63.562(b) immediately upon startup.
    (iii) A source with emissions less than 10 and 25 tons that 
increases its emissions subsequent to September 20, 1999 such that it 
becomes a source with emissions of 10 or 25 tons shall comply with the 
provisions of this subpart pertaining to the MACT standards in 
Sec. 63.562(b) within 3 years following the exceedance of the threshold 
level.
    (2) RACT standards compliance dates, except the VMT source. (i) A 
source with throughput of 10 M barrels or 200 M barrels, except the VMT 
source, with an initial startup date on or before 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.

 Table 1 of Sec.  63.560.--General Provisions Applicability to Subpart Y
------------------------------------------------------------------------
                               Applies to affected
          Reference           sources in 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.

[[Page 648]]

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

[[Page 649]]

 
63.6(d).....................  No..................  Reserved.
63.6(e).....................  No..................  See Sec.  63.562(e).
63.6(f)(1)..................  Yes                   ....................
63.6(f)(2)(i)...............  Yes                   ....................
63.6(f)(2)(ii)..............  No                    ....................
63.6(f)(2)(iii).............  Yes                   ....................
63.6(f)(2)(iv)..............  Yes                   ....................
63.6(f)(2)(v)...............  No..................  See Sec.
                                                     63.562(e)(1).
63.6(f)(3)..................  Yes                   ....................
63.6(g).....................  Yes                   ....................
63.6(h).....................  No..................  No opacity
                                                     monitoring is
                                                     required under
                                                     subpart Y.
63.6(i)(1)-(3)..............  Yes                   ....................
63.6(i)(4)(i)(A)............  No                    ....................
63.6(i)(4)(i)(B)............  Yes                   ....................
63.6(i)(4)(ii)..............  No                    ....................
63.6(i)(5)-(12).............  Yes                   ....................
63.6(i)(13).................  No                    ....................
63.6(i)(14).................  Yes                   ....................
63.6(i)(15).................  No..................  Reserved.
63.6(i)(16).................  Yes                   ....................
63.6(j).....................  Yes                   ....................
63.7(a)(1)..................  Yes                   ....................
63.7(a)(2)(i)-(iv)..........  No..................  See Sec.
                                                     63.563(b)(1).
63.7(a)(2)(v)...............  Yes                   ....................
63.7(a)(2)(vi)..............  No                    ....................
63.7(a)(2)(vii)-(viii)......  No..................  Reserved.
63.7(a)(2)(ix)..............  No                    ....................
63.7(a)(3)..................  Yes                   ....................
63.7(b).....................  Yes                   ....................
63.7(c)(1)-(2)..............  Yes.................  The site-specific
                                                     test plan must be
                                                     submitted only if
                                                     requested by the
                                                     Administrator.
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                   ....................

[[Page 650]]

 
63.9(a)(1)..................  Yes                   ....................
63.9(a)(2)..................  Yes                   ....................
63.9(a)(3)..................  Yes                   ....................
63.9(a)(4)..................  Yes                   ....................
63.9(b)(1)(i)...............  Yes                   ....................
63.9(b)(1)(ii)..............  No..................  See Sec.
                                                     63.567(b)(1)
63.9(b)(1)(iii).............  Yes
63.9(b)(2)..................  No..................  See Sec.
                                                     63.567(b)(2).
63.9(b)(3)..................  No..................  See Sec.
                                                     63.567(b)(3).
63.9(b)(4)..................  No..................  See Sec.
                                                     63.567(b)(4).
63.9(b)(5)..................  No..................  See Sec.
                                                     63.567(b)(4).
63.9(c).....................  No..................  See Sec.  63.567(c).
63.9(d).....................  No                    ....................
63.9(e).....................  Yes                   ....................
63.9(f).....................  No                    ....................
63.9(g)(1)..................  Yes                   ....................
63.9(g)(2)..................  No                    ....................
63.9(g)(3)..................  Yes                   ....................
63.9(h)(1)-(3)..............  Yes                   ....................
63.9(h)(4)..................  No..................  Reserved.
63.9(h)(5)-(6)..............  Yes                   ....................
63.9(i).....................  Yes                   ....................
63.9(j).....................  Yes                   ....................
63.10(a)....................  Yes                   ....................
63.10(b)(1).................  Yes                   ....................
63.10(b)(2)(i)..............  No                    ....................
63.10(b)(2) (ii)-(iii)......  Yes                   ....................
63.10(b)(2)(iv).............  No                    ....................
63.10(b)(2)(v)..............  No                    ....................
63.10(b)(2)(vi)-(xiv).......  Yes                   ....................
63.10(b)(3).................  No..................  See Sec.
                                                     63.567(j)(4).
63.10(c)(1).................  Yes                   ....................
63.10(c)(2)-(4).............  No..................  Reserved.
63.10(c)(5).................  Yes                   ....................
63.10(c)(6).................  No..................  See Sec.
                                                     63.564(a)(5).
63.10(c)(7).................  No                    ....................
63.10(c)(8).................  Yes                   ....................
63.10(c)(9).................  No..................  Reserved.
63.10(c)(10)-(13)...........  Yes
63.10(c)(14)................  No..................  See Sec.
                                                     63.562(d)(2)(iv).
63.10(c)(15)................  No                    ....................
63.10(d)(1)-(2).............  Yes                   ....................
63.10(d)(3).................  No..................  See Sec.  63.567(d).
63.10(d)(4).................  Yes                   ....................
63.10(d)(5).................  No                    ....................
63.(10)(e)(1)...............  Yes
63.10(e)(2)(i)..............  Yes                   ....................
63.10(e)(2)(ii).............  No                    ....................
63.10(e)(3)(i)-(v)..........  No..................  See Sec.  63.567(e)
63.10(e)(3)(vi).............  Yes
63.10(e)(3)(vii)-(viii).....  No..................  See Sec.  63.567(e)
63.10(e)(4).................  No
63.10(f)....................  Yes
63.11.......................  Yes                   ....................
63.12-63.15.................  Yes                   ....................
------------------------------------------------------------------------



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

[[Page 651]]

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.
    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

[[Page 652]]

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 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.

[[Page 653]]

    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 
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

[[Page 654]]

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 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

[[Page 655]]

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 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

[[Page 656]]

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
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

[[Page 657]]

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.
    (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

[[Page 658]]

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 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

[[Page 659]]

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 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).

[[Page 660]]

    (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 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

[[Page 661]]

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 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

[[Page 662]]

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.
    (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

[[Page 663]]

(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 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.

[[Page 664]]

    (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 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

[[Page 665]]

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 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

[[Page 666]]

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 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-

[[Page 667]]

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 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.

[[Page 668]]

    (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 PPM, 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 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

[[Page 669]]

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=FKVs CVOC

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.

    (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.

[[Page 670]]

    (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 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

[[Page 671]]

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 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

[[Page 672]]

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;
    (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

[[Page 673]]

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. (i) 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 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,

[[Page 674]]

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 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

[[Page 675]]

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 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);

[[Page 676]]

    (3) Leak determination method;
    (4) Corrective action (date each leak repaired, reasons for repair 
interval); and
    (5) Inspector name and signature.

Subpart Z [Reserved]



  Subpart AA--National Emission Standards for Hazardous Air Pollutants 
                From Phosphoric Acid Manufacturing Plants

    Source: 64 FR 31376, June 10, 1999, unless otherwise noted.



Sec. 63.600  Applicability.

    (a) Except as provided in paragraphs (c) and (d) of this section, 
the requirements of this subpart apply to the owner or operator of each 
phosphoric acid manufacturing plant.
    (b) The requirements of this subpart apply to emissions of hazardous 
air pollutants (HAPs) emitted from the following new or existing 
affected sources at a phosphoric acid manufacturing plant:
    (1) Each wet-process phosphoric acid process line. The requirements 
of this subpart apply to the following emission points which are 
components of a wet-process phosphoric acid process line: reactors, 
filters, evaporators, and hot wells;
    (2) Each evaporative cooling tower at a phosphoric acid 
manufacturing plant;
    (3) Each phosphate rock dryer located at a phosphoric acid 
manufacturing plant;
    (4) Each phosphate rock calciner located at a phosphoric acid 
manufacturing plant;
    (5) Each superphosphoric acid process line. The requirements of this 
subpart apply to the following emission points which are components of a 
superphosphoric acid process line: evaporators, hot wells, acid sumps, 
and cooling tanks; and
    (6) Each purified acid process line. The requirements of this 
subpart apply to the following emission points which are components of a 
purified phosphoric acid process line: solvent extraction process 
equipment, solvent stripping and recovery equipment, seal tanks, carbon 
treatment equipment, cooling towers, storage tanks, pumps and process 
piping.
    (c) The requirements of this subpart do not apply to the owner or 
operator of a new or existing phosphoric acid manufacturing plant that 
is not a major source as defined in Sec. 63.2.
    (d) The provisions of this subpart do not apply to research and 
development facilities as defined in Sec. 63.601.



Sec. 63.601  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 63.2, or in this section as follows:
    Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorous pentoxide, fed to the process.
    Evaporative cooling tower means an open water recirculating device 
that uses fans or natural draft to draw or force ambient air through the 
device to remove heat from process water by direct contact.
    Exceedance means a departure from an indicator range established 
under this subpart, consistent with any averaging period specified for 
averaging the results of the monitoring.
    HAP metals mean those metals and their compounds (in particulate or 
volatile form) that are included on the list of hazardous air pollutants 
in section 112 of the Clean Air Act. HAP metals include, but are not 
limited to: antimony, arsenic, beryllium, cadmium, chromium, lead, 
manganese, nickel, and selenium expressed as particulate matter as 
measured by the methods and procedures in this subpart or an approved 
alternative method. For the purposes of this subpart, HAP metals are 
expressed as particulate matter as measured by 40 CFR part 60, appendix 
A, Method 5.
    Phosphate rock calciner means the equipment used to remove moisture 
and organic matter from phosphate rock through direct or indirect 
heating.
    Phosphate rock dryer means the equipment used to reduce the moisture 
content of phosphate rock through direct or indirect heating.
    Phosphate rock feed means all material entering any phosphate rock 
dryer or phosphate rock calciner including moisture and extraneous 
material as

[[Page 677]]

well as the following ore materials: fluorapatite, hydroxylapatite, 
chlorapatite, and carbonateapatite.
    Purified phosphoric acid process line means any process line which 
uses a HAP as a solvent in the separation of impurities from the product 
acid for the purposes of rendering that product suitable for industrial, 
manufacturing or food grade uses.
    Research and development facility means research or 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 where the 
facility is not engaged in the manufacture of products for commercial 
sale in commerce or other off-site distribution, except in a de minimis 
manner.
    Superphosphoric acid process line means any process line which 
concentrates wet-process phosphoric acid to 66 percent or greater 
P2O5 content by weight.
    Total fluorides means elemental fluorine and all fluoride compounds, 
including the HAP hydrogen fluoride, as measured by reference methods 
specified in 40 CFR part 60, appendix A , Method 13 A or B, or by 
equivalent or alternative methods approved by the Administrator pursuant 
to Sec. 63.7(f).
    Wet process phosphoric acid process line means any process line 
manufacturing phosphoric acid by reacting phosphate rock and acid.



Sec. 63.602  Standards for existing sources.

    (a) Wet process phosphoric acid process line. On and after the date 
on which the performance test required to be conducted by Secs. 63.7 and 
63.606 is required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain total 
fluorides in excess of 10.0 gram/metric ton of equivalent 
P2O5 feed (0.020 lb/ton).
    (b) Superphosphoric acid process line.
    (1) Vacuum evaporation process. On and after the date on which the 
performance test required to be conducted by Secs. 63.7 and 63.606 is 
required to be completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected source any gases which contain total fluorides in excess of 
5.0 gram/metric ton of equivalent P2O5 feed (0.010 
lb/ton).
    (2) Submerged combustion process. On and after the date on which the 
performance test required to be conducted by Secs. 63.7 and 63.606 is 
required to be completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected source any gases which contain total fluorides in excess of 
100.0 gram/metric ton of equivalent P2O5 feed 
(0.20 lb/ton).
    (c) Phosphate rock dryer. On or after the date on which the 
performance test required to be conducted by Secs. 63.7 and 63.606 is 
required to be completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected source any gases which contain particulate matter in excess 
of 0.10750 kilogram/metric ton of phosphate rock feed (0.2150 lb/ton).
    (d) Phosphate rock calciner. On or after the date on which the 
performance test required to be conducted by Secs. 63.7 and 63.606 is 
required to be completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected source any gases which contain particulate matter in excess 
of 0.1380 gram per dry standard cubic meter (g/dscm) [0.060 grains per 
dry standard cubic foot (gr/dscf)].
    (e) Evaporative cooling tower. No owner or operator shall introduce 
into any evaporative cooling tower any liquid effluent from any wet 
scrubbing device installed to control emissions from process equipment. 
Each owner or operator of an affected source subject to this paragraph 
(e) must certify to the Administrator annually that he/she has complied 
with the requirements contained in this section.
    (f) Purified phosphoric acid process line. (1) Each owner or 
operator subject to the provisions of this subpart shall comply with the 
provisions of subpart H of this part.

[[Page 678]]

    (2) For any existing purified phosphoric acid process line, any of 
the following shall constitute a violation of this subpart:
    (i) A thirty day average of daily concentration measurements of 
methyl isobutyl ketone in excess of twenty parts per million for each 
product acid stream.
    (ii) A thirty day average of daily concentration measurements of 
methyl isobutyl ketone in excess of thirty parts per million for each 
raffinate stream.
    (iii) A daily average chiller stack exit gas stream temperature in 
excess of fifty degrees Fahrenheit.



Sec. 63.603  Standards for new sources.

    (a) Wet process phosphoric acid process line. On and after the date 
on which the performance test required to be conducted by Secs. 63.7 and 
63.606 is required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain total 
fluorides in excess of 6.750 gram/metric ton of equivalent 
P2O5 feed (0.01350 lb/ton).
    (b) Superphosphoric acid process line. On and after the date on 
which the performance test required to be conducted by Secs. 63.7 and 
63.606 is required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain total 
fluorides in excess of 4.350 gram/metric ton of equivalent 
P2O5 feed (0.00870 lb/ton).
    (c) Phosphate rock dryer. On or after the date on which the 
performance test required to be conducted by Secs. 63.7 and 63.606 is 
required to be completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected source any gases which contain particulate matter in excess 
of 0.030 kilogram/metric ton per megagram of phosphate rock feed (0.060 
lb/ton).
    (d) Phosphate rock calciner. On or after the date on which the 
performance test required to be conducted by Secs. 63.7 and 63.606 is 
required to be completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected source any gases which contain particulate matter in excess 
of 0.0920 gram per dry standard cubic meter (g/dscm) [0.040 grain per 
dry standard cubic foot (gr/dscf)].
    (e) Evaporative cooling tower. No owner or operator shall introduce 
into any evaporative cooling tower any liquid effluent from any wet 
scrubbing device installed to control emissions from process equipment. 
Each owner or operator of an affected source subject to this paragraph 
(e) must certify to the Administrator annually that he/she has complied 
with the requirements contained in this section.
    (f) Purified phosphoric acid process line. (1) Each owner or 
operator subject to the provisions of this subpart shall comply with the 
provisions of subpart H of this part.
    (2) For any new purified phosphoric acid process line, any of the 
following shall constitute a violation of this subpart:
    (i) A thirty day average of daily concentration measurements of 
methyl isobutyl ketone in excess of twenty parts per million for each 
product acid stream.
    (ii) A thirty day average of daily concentration measurements of 
methyl isobutyl ketone in excess of thirty parts per million for each 
raffinate stream.
    (iii) A daily average chiller stack exit gas stream temperature in 
excess of fifty degrees Fahrenheit.



Sec. 63.604  Operating requirements.

    On or after the date on which the performance test required to be 
conducted by Secs. 63.7 and 63.606 is required to be completed, the 
owner/operator using a wet scrubbing emission control system must 
maintain three-hour averages of the pressure drop across each scrubber 
and of the flow rate of the scrubbing liquid to each scrubber within the 
allowable ranges established pursuant to the requirements of 
Sec. 63.605(d)(1) or (2).



Sec. 63.605  Monitoring requirements.

    (a) Each owner or operator of a new or existing wet-process 
phosphoric acid process line, superphosphoric acid

[[Page 679]]

process line, phosphate rock dryer, or phosphate rock calciner subject 
to the provisions of this subpart shall install, calibrate, maintain, 
and operate a monitoring system which can be used to determine and 
permanently record the mass flow of phosphorus-bearing feed material to 
the process. The monitoring system shall have an accuracy of 
5 percent over its operating range.
    (b)(1) Each owner or operator of a new or existing wet-process 
phosphoric acid process line or superphosphoric acid process line 
subject to the provisions of this subpart shall maintain a daily record 
of equivalent P2O5 feed by first determining the 
total mass rate in metric ton/hour of phosphorus bearing feed using a 
monitoring system for measuring mass flowrate which meets the 
requirements of paragraph (a) of this section and then by proceeding 
according to Sec. 63.606(c)(3).
    (2) Each owner or operator of a new or existing phosphate rock 
calciner or phosphate rock dryer subject to the provisions of this 
subpart shall maintain a daily record of phosphate rock feed by 
determining the total mass rate in metric ton/hour of phosphorus bearing 
feed using a monitoring system for measuring mass flowrate which meets 
the requirements of paragraph (a) of this section.
    (c) Each owner or operator of a new or existing wet-process 
phosphoric acid process line, superphosphoric acid process line, 
phosphate rock dryer or phosphate rock calciner using a wet scrubbing 
emission control system shall install, calibrate, maintain, and operate 
the following monitoring systems:
    (1) A monitoring system which continuously measures and permanently 
records the pressure drop across each scrubber in the process scrubbing 
system in 15-minute block averages. The monitoring system shall be 
certified by the manufacturer to have an accuracy of 5 
percent over its operating range.
    (2) A monitoring system which continuously measures and permanently 
records the flow rate of the scrubbing liquid to each scrubber in the 
process scrubbing system in 15-minute block averages. The monitoring 
system shall be certified by the manufacturer to have an accuracy of 
5 percent over its operating range.
    (d) Following the date on which the performance test required in 
Sec. 63.606 is completed, the owner or operator of a new or existing 
affected source using a wet scrubbing emission control system and 
subject to emissions limitations for total fluorides or particulate 
matter contained in this subpart must establish allowable ranges for 
operating parameters using the methodology of either paragraph (d)(1) or 
(2) of this section:
    (1) The allowable range for the daily averages of the pressure drop 
across each scrubber and of the flow rate of the scrubbing liquid to 
each scrubber in the process scrubbing system is  20 percent 
of the baseline average value determined as a requirement of 
Sec. 63.606(c)(4), (d)(4), or (e)(2). The Administrator retains the 
right to reduce the  20 percent adjustment to the baseline 
average values of operating ranges in those instances where performance 
test results indicate that a source's level of emissions is near the 
value of an applicable emissions standard, but, in no instance shall the 
adjustment be reduced to less than  10 percent. The owner or 
operator must notify the Administrator of the baseline average value and 
must notify the Administrator each time that the baseline value is 
changed as a result of the most recent performance test. The baseline 
average values used for compliance shall be based on the values 
determined during the most recent performance test. The new baseline 
average value shall be effective on the date following the performance 
test.
    (2) The owner or operator of any new or existing affected source 
shall establish, and provide to the Administrator for approval, 
allowable ranges of baseline average values for the pressure drop across 
and of the flow rate of the scrubbing liquid to each scrubber in the 
process scrubbing system for the purpose of assuring compliance with 
this subpart. Allowable ranges may be based upon baseline average values 
recorded during previous performance tests using the test methods 
required in this subpart and established in the manner required in 
Sec. 63.606(c)(4), (d)(4), or (e)(2). As an alternative, the owner

[[Page 680]]

or operator can establish the allowable ranges of baseline average 
values using the results of performance tests conducted specifically for 
the purposes of this paragraph using the test methods required in this 
subpart and established in the manner required in Sec. 63.606(c)(4), 
(d)(4), or (e)(2). The source shall certify that the control devices and 
processes have not been modified subsequent to the testing upon which 
the data used to establish the allowable ranges were obtained. The 
allowable ranges of baseline average values developed pursuant to the 
provisions of this paragraph must be submitted to the Administrator for 
approval. The owner or operator must request and obtain approval of the 
Administrator for changes to the allowable ranges of baseline values. 
When a source using the methodology of this paragraph is retested, the 
owner operator shall determine new allowable ranges of baseline average 
values unless the retest indicates no change in the operating parameters 
from previous tests. Any new allowable ranges of baseline average values 
resulting from the most recent performance test shall be effective on 
the date following the retest. Until changes to allowable ranges of 
baseline average values are approved by the Administrator, the allowable 
ranges for use in Sec. 63.604 shall be based upon the range of baseline 
average values proposed for approval.
    (e) Each owner or operator of a new or existing purified phosphoric 
acid process line shall:
    (1) Install, calibrate, maintain, and operate a monitoring system 
which continuously measures and permanently records the stack gas exit 
temperature for each chiller stack.
    (2) Measure and record the concentration of methyl isobutyl ketone 
in each product acid stream and each raffinate stream once daily.



Sec. 63.606  Performance tests and compliance provisions.

    (a)(1) On or before the applicable compliance date in Sec. 63.609 
and once per annum thereafter, each owner or operator of a phosphoric 
acid manufacturing plant shall conduct a performance test to demonstrate 
compliance with the applicable emission standard for each existing wet-
process phosphoric acid process line, superphosphoric acid process line, 
phosphate rock dryer, and phosphate rock calciner. The owner or operator 
shall conduct the performance test according to the procedures in 
subpart A of this part and in this section.
    (2) As required by Sec. 63.7(a)(2) and once per annum thereafter, 
each owner or operator of a phosphoric acid manufacturing plant shall 
conduct a performance test to demonstrate compliance with the applicable 
emission standard for each new wet-process phosphoric acid process line, 
superphosphoric acid process line, phosphate rock dryer, and phosphate 
rock calciner. The owner or operator shall conduct the performance test 
according to the procedures in subpart A of this part and in this 
section.
    (b) In conducting performance tests, each owner or operator of an 
affected source shall use as reference methods and procedures the test 
methods in 40 CFR part 60, appendix A, or other methods and procedures 
as specified in this section, except as provided in Sec. 63.7(f).
    (c) Each owner or operator of a new or existing wet-process 
phosphoric acid process line or superphosphoric acid process line shall 
determine compliance with the applicable total fluorides standards in 
Sec. 63.602 or Sec. 63.603 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10JN99.000

Where:

E = emission rate of total fluorides, g/metric ton (lb/ton) of 
equivalent P2O5 feed.
Csi = concentration of total fluorides from emission point 
``i,'' mg/dscm (mg/dscf).
Qsdi = volumetric flow rate of effluent gas from emission 
point ``i,'' dscm/hr (dscf/hr).
N = number of emission points associated with the affected facility.
P = equivalent P2O5 feed rate, metric ton/hr (ton/
hr).

[[Page 681]]

K = conversion factor, 1000 mg/g (453,600 mg/lb).

    (2) Method 13A or 13B (40 CFR part 60, appendix A) shall be used to 
determine the total fluorides concentration (Csi) and 
volumetric flow rate (Qsdi) of the effluent gas from each of 
the emission points. If Method 13B is used, the fusion of the filtered 
material described in Section 7.3.1.2 and the distillation of suitable 
aliquots of containers 1 and 2, described in section 7.3.3 and 7.3.4. in 
Method 13 A, may be omitted. The sampling time and sample volume for 
each run shall be at least 60 minutes and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed using the following equation:

P = Mp Rp

Where:

Mp = total mass flow rate of phosphorus-bearing feed, metric 
ton/hr (ton/hr).
Rp = P2O5 content, decimal fraction.

    (i) The accountability system described in Sec. 63.605(a) and (b) 
shall be used to determine the mass flow rate (Mp) of the 
phosphorus-bearing feed.
    (ii) The P2O5 content (Rp) of the 
feed shall be determined using as appropriate the following methods 
(incorporated by reference--see 40 CFR 63.14) specified in the Book of 
Methods Used and Adopted By The Association Of Florida Phosphate 
Chemists, Seventh Edition 1991, where applicable:
    (A) Section IX, Methods of Analysis For Phosphate Rock, No. 1 
Preparation of Sample.
    (B) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method A-Volumetric Method.
    (C) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method B-Gravimetric 
Quimociac Method.
    (D) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method C-Spectrophotometric 
Method.
    (E) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A-Volumetric Method.
    (F) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method B-Gravimetric 
Quimociac Method.
    (G) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C-Spectrophotometric 
Method.
    (4) To comply with Sec. 63.605(d) (1) or (2), the owner or operator 
shall use the monitoring systems in Sec. 63.605(c) to determine the 
average pressure loss of the gas stream across each scrubber in the 
process scrubbing system and to determine the average flow rate of the 
scrubber liquid to each scrubber in the process scrubbing system during 
each of the total fluoride runs. The arithmetic averages of the three 
runs shall be used as the baseline average values for the purposes of 
Sec. 63.605(d) (1) or (2).
    (d) Each owner or operator of a new or existing phosphate rock dryer 
shall demonstrate compliance with the particulate matter standards in 
Sec. 63.602 or Sec. 63.603 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E = (Cs Qsd)/(P K)

Where:

E = emission rate of particulate matter, kg/Mg (lb/ton) of phosphate 
rock feed.
Cs = concentration of particulate matter, g/dscm (g/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
hr).
P = phosphate rock feed rate, Mg/hr (ton/hr).
K = conversion factor, 1000 g/kg (453.6 g/lb).

    (2) Method 5 (40 CFR part 60, appendix A) shall be used to determine 
the particulate matter concentration (cs) and volumetric flow 
rate (Qsd) of the effluent gas. The sampling time and sample 
volume for each run shall be at least 60 minutes and 0.85 dscm (30 
dscf).
    (3) The system described in Sec. 63.605(a) shall be used to 
determine the phosphate rock feed rate (P) for each run.
    (4) To comply with Sec. 63.605(d) (1) or (2), the owner or operator 
shall use the

[[Page 682]]

monitoring systems in Sec. 63.605(c) to determine the average pressure 
loss of the gas stream across each scrubber in the process scrubbing 
system and to determine the average flow rate of the scrubber liquid to 
each scrubber in the process scrubbing system during each of the 
particulate matter runs. The arithmetic average of the one-hour averages 
determined during the three test runs shall be used as the baseline 
average values for the purposes of Sec. 63.605(d) (1) or (2).
    (e) Each owner or operator of a new or existing phosphate rock 
calciner shall demonstrate compliance with the particulate matter 
standards in Secs. 63.602 and 63.603 as follows:
    (1) Method 5 (40 CFR part 60, appendix A) shall be used to determine 
the particulate matter concentration. The sampling time and volume for 
each test run shall be at least 60 minutes and 1.70 dscm.
    (2) To comply with Sec. 63.605(d) (1) or (2), the owner or operator 
shall use the monitoring systems in Sec. 63.605(c) to determine the 
average pressure loss of the gas stream across each scrubber in the 
process scrubbing system and to determine the average flow rate of the 
scrubber liquid to each scrubber in the process scrubbing system during 
each of the particulate matter runs. The arithmetic average of the one-
hour averages determined during the three test runs shall be used as the 
baseline average values for the purposes of Sec. 63.605(d) (1) or (2).



Sec. 63.607  Notification, recordkeeping, and reporting requirements.

    (a) Each owner or operator subject to the requirements of this 
subpart shall comply with the notification requirements in Sec. 63.9.
    (b) Each owner or operator subject to the requirements of this 
subpart shall comply with the recordkeeping requirements in Sec. 63.10.
    (c) The owner or operator of an affected source shall comply with 
the reporting requirements specified in Sec. 63.10 as follows:
    (1) Performance test report. As required by Sec. 63.10, the owner or 
operator shall report the results of the initial and annual performance 
tests as part of the notification of compliance status required in 
Sec. 63.9.
    (2) Excess emissions report. As required by Sec. 63.10, the owner or 
operator of an affected source shall submit an excess emissions report 
for any exceedance of an operating parameter limit. The report shall 
contain the information specified in Sec. 63.10. When no exceedances of 
an operating parameter have occurred, such information shall be included 
in the report. The report shall be submitted semiannually and shall be 
delivered or postmarked by the 30th day following the end of the 
calendar half. If exceedances are reported, the owner or operator shall 
report quarterly until a request to reduce reporting frequency is 
approved as described in Sec. 63.10.
    (3) Summary report. If the total duration of control system 
exceedances for the reporting period is less than 1 percent of the total 
operating time for the reporting period, the owner or operator shall 
submit a summary report containing the information specified in 
Sec. 63.10 rather than the full excess emissions report, unless required 
by the Administrator. The summary report shall be submitted semiannually 
and shall be delivered or postmarked by the 30th day following the end 
of the calendar half.
    (4) If the total duration of control system operating parameter 
exceedances for the reporting period is 1 percent or greater of the 
total operating time for the reporting period, the owner or operator 
shall submit a summary report and the excess emissions report.



Sec. 63.608  Applicability of general provisions.

    The requirements of the general provisions in subpart A of this part 
that are applicable to the owner or operator subject to the requirements 
of this subpart are shown in appendix A to this subpart.



Sec. 63.609  Compliance dates.

    (a) Each owner or operator of an existing affected source at a 
phosphoric acid manufacturing plant shall achieve compliance with the 
requirements of this subpart no later than June 10, 2002. 
Notwithstanding the requirements of

[[Page 683]]

Sec. 63.7(a)(2)(iii), each owner or operator of an existing source at an 
affected existing phosphoric acid manufacturing plant shall fulfill the 
applicable requirements of Sec. 63.606 no later than June 10, 2002.
    (b) Each owner or operator of a phosphoric acid manufacturing plant 
that commences construction or reconstruction of an affected source 
after December 27, 1996 shall achieve compliance with the requirements 
of this subpart upon startup of operations or by June 10, 1999, 
whichever is later.



Sec. 63.610  Exemption from new source performance standards.

    Any affected source subject to the provisions of this subpart is 
exempted from any otherwise applicable new source performance standard 
contained in 40 CFR part 60, subpart T, subpart U or subpart NN. To be 
exempt, a source must have a current operating permit pursuant to Title 
V of the Act and the source must be in compliance with all requirements 
of this subpart. For each affected source, this exemption is effective 
upon the date that the owner or operator demonstrates to the 
Administrator that the requirements of Secs. 63.604, 63.605 and 63.606 
have been met.

 Appendix A to Subpart AA of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                       AA
----------------------------------------------------------------------------------------------------------------
           40 CFR citation                  Requirement         Applies to  subpart AA           Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1) through (4)..............  General Applicability..  Yes.
63.1(a)(5)..........................  .......................  No......................  [Reserved].
63.1(a)(6) through (8)..............  .......................  Yes.
63.1(a)(9)..........................  .......................  No......................  [Reserved].
63.1(a)(10) through (14)............  .......................  Yes.
63.1(b).............................  Initial Applicability    Yes.
                                       Determination.
63.1(c)(1)..........................  Applicability After      Yes.
                                       Standard Established.
63.1(c)(2)..........................  .......................  Yes.....................  Some plants may be area
                                                                                          sources.
63.1(c)(3)..........................  .......................  No......................  [Reserved].
63.1(c)(4) and (5)..................  .......................  Yes.
63.1(d).............................  .......................  No......................  [Reserved].
63.1(e).............................  Applicability of Permit  Yes.
                                       Program.
63.2................................  Definitions............  Yes.....................  Additional definitions
                                                                                          in Sec.  63.601.
63.3................................  Units and Abbreviations  Yes.
63.4(a)(1) through (3)..............  Prohibited Activities..  Yes.
63.4(a)(4)..........................  .......................  No......................  [Reserved].
63.4(a)(5)..........................  .......................  Yes.
63.4(b) and (c).....................  Circumvention/           Yes.
                                       Severability.
63.5(a).............................  Construction/            Yes.
                                       Reconstruction
                                       Applicability.
63.5(b)(1)..........................  Existing, New,           Yes.
                                       Reconstructed Sources
                                       Requirements.
63.5(b)(2)..........................  .......................  No......................  [Reserved].
63.5(b)(3) through (6)..............  .......................  Yes.
63.5(c).............................  .......................  No......................  [Reserved].
63.5(d).............................  Application for          Yes.
                                       Approval of
                                       Construction/
                                       Reconstruction.
63.5(e).............................  Approval of              Yes.
                                       Construction/
                                       Reconstruction.
63.5(f).............................  Approval of              Yes.
                                       Construction/
                                       Reconstruction Based
                                       on State Review.
63.6(a).............................  Compliance with          Yes.
                                       Standards and
                                       Maintenance
                                       Applicability.
63.6(b)(1) through (5)..............  New and Reconstructed    Yes.                      See also Sec.  63.609.
                                       Sources Dates.
63.6(b)(6)..........................  .......................  No......................  [Reserved].
63.6(b)(7)..........................  .......................  Yes.
63.6(c)(1)..........................  Existing Sources Dates.  Yes.                      Sec.  63.609 specifies
                                                                                          dates.
63.6(c)(2)..........................  .......................  Yes.
63.6(c)(3) and (4)..................  .......................  No......................  [Reserved].
63.6(c)(5)..........................  .......................  Yes.
63.6(d).............................  .......................  No......................  [Reserved].

[[Page 684]]

 
63.6(e)(1) and (2)..................  Operation & Maintenance  Yes.                      Sec.  63.604 specifies
                                       Requirements.                                      additional
                                                                                          requirements.
63.6(e)(3)..........................  Startup, Shutdown, and   Yes.                      Sec.  63.604 specifies
                                       Malfunction Plan.                                  additional
                                                                                          requirements.
63.6(f).............................  Compliance with          Yes.                      Secs.  63.602 through
                                       Emission Standards.                                605 specify additional
                                                                                          requirements.
63.6(g).............................  Alternative Standard...  Yes.
63.6(h).............................  Compliance with Opacity/ No......................  Subpart AA does not
                                       VE Standards.                                      include VE/opacity
                                                                                          standards.
63.6(i)(1) through (14).............  Extension of Compliance  Yes.
63.6(i)(15).........................  .......................  No......................  [Reserved].
63.6(i)(16).........................  .......................  Yes.
63.6(j).............................  Exemption from           Yes.
                                       Compliance.
63.7(a).............................  Performance Test         Yes.                      Sec.  63.609(a) applies
                                       Requirements                                       rather than Sec.
                                       Applicability.                                     63.7(a)(2)(iii).
63.7(b).............................  Notification...........  Yes.
63.7(c).............................  Quality Assurance/Test   Yes.
                                       Plan.
63.7(d).............................  Testing Facilities.....  Yes.
63.7(e).............................  Conduct of Tests.......  Yes.                      Secs.  63.604 and
                                                                                          63.605 specify
                                                                                          additional
                                                                                          requirements.
63.7(f).............................  Alternative Test Method  Yes.
63.7(g).............................  Data Analysis..........  Yes.
63.7(h).............................  Waiver of Tests........  Yes.
63.8(a)(1)..........................  Monitoring Requirements  Yes.
                                       Applicability.
63.8(a)(2)..........................  .......................  No......................  Subpart AA does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.8(a)(3)..........................  .......................  No......................  [Reserved].
63.8(a)(4)..........................  .......................  Yes.
63.8(b).............................  Conduct of Monitoring..  Yes.
63.8(c)(1) through (4)..............  CMS Operation/           Yes.
                                       Maintenance.
63.8(c)(5) through (8)..............  .......................  No......................  Subpart AA does not
                                                                                          require COMS/CEMS or
                                                                                          CMS performance
                                                                                          specifications.
63.8(d).............................  Quality Control........  Yes.
63.8(e).............................  CMS Performance          No......................  Subpart AA does not
                                       Evaluation.                                        require CMS
                                                                                          performance
                                                                                          evaluations
63.8(f)(1) through (5)..............  Alternative Monitoring   Yes.
                                       Method.
63.8(f)(6)..........................  Alternative to RATA      No......................  Subpart AA does not
                                       Test.                                              require CEMS.
63.8(g)(1)..........................  Data Reduction.........  Yes.
63.8(g)(2)..........................  .......................  No......................  Subpart AA does not
                                                                                          require COMS or CEMS
63.8(g)(3) through (5)..............  .......................  Yes.
63.9(a).............................  Notification             Yes.
                                       Requirements
                                       Applicability.
63.9(b).............................  Initial Notifications..  Yes.
63.9(c).............................  Request for Compliance   Yes.
                                       Extension.
63.9(d).............................  New Source Notification  Yes.
                                       for Special Compliance
                                       Requirements.
63.9(e).............................  Notification of          Yes.
                                       Performance Test.
63.9(f).............................  Notification of VE/      No......................  Subpart AA does not
                                       Opacity Test.                                      include VE/opacity
                                                                                          standards.
63.9(g).............................  Additional CMS           No......................  Subpart AA does not
                                       Notifications.                                     require CMS
                                                                                          performance
                                                                                          evaluation, COMS, or
                                                                                          CEMS.
63.9(h)(1) through (3)..............  Notification of          Yes.
                                       Compliance Status.
63.9(h)(4)..........................  .......................  No......................  [Reserved].
63.9(h)(5) and (6)..................  .......................  Yes.
63.9(i).............................  Adjustment of Deadlines  Yes.
63.9(j).............................  Change in Previous       Yes.
                                       Information.
63.10(a)............................  Recordkeeping/Reporting- Yes.
                                       Applicability.
63.10(b)............................  General Recordkeeping    Yes.
                                       Requirements.
63.10(c)(1).........................  Additional CMS           Yes.
                                       Recordkeeping.
63.10(c)(2) through (4).............  .......................  No......................  [Reserved].
63.10(c)(5).........................  .......................  Yes.

[[Page 685]]

 
63.10(c)(6).........................  .......................  No......................  Subpart AA does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.10(c)(7) and (8).................  .......................  Yes.
63.10(c)(9).........................  .......................  No......................  [Reserved].
63.10(c)(10) through (13)...........  .......................  Yes.
63.10(c)(14)........................  .......................  No......................  Subpart AA does not
                                                                                          require a CMS quality
                                                                                          control program.
63.10(c)(15)........................  .......................  Yes.
63.10(d)(1).........................  General Reporting        Yes.
                                       Requirements.
63.10(d)(2).........................  Performance Test         Yes.
                                       Results.
63.10(d)(3).........................  Opacity or VE            No......................  Subpart AA does not
                                       Observations.                                      include VE/opacity
                                                                                          standards.
63.10(d)(4) and (5).................  Progress Reports/        Yes.
                                       Startup, Shutdown, and
                                       Malfunction Reports.
63.10(e)(1) and (2).................  Additional CMS Reports.  No......................  Subpart AA does not
                                                                                          require CEMS or CMS
                                                                                          performance
                                                                                          evaluations.
63.10(e)(3).........................  Excess Emissions/CMS     Yes.....................  Sec.  63.606(c)(2)
                                       Performance Reports.                               includes additional
                                                                                          requirements. A CMS
                                                                                          performance report is
                                                                                          not required.
63.10(e)(4).........................  COMS Data Reports......  No......................  Subpart AA does not
                                                                                          require COMS.
63.10(f)............................  Recordkeeping/Reporting  Yes.
                                       Waiver.
63.11(a)............................  Control Device           Yes.
                                       Requirements
                                       Applicability.
63.11(b)............................  Flares.................  No......................  Flares not applicable.
63.12...............................  State Authority and      Yes.
                                       Delegations.
63.13...............................  Addresses..............  Yes.
63.14...............................  Incorporation by         Yes.
                                       Reference.
63.15...............................  Information              Yes.
                                       Availability/
                                       Confidentiality.
----------------------------------------------------------------------------------------------------------------



  Subpart BB--National Emission Standards for Hazardous Air Pollutants 
              From Phosphate Fertilizers Production Plants

    Source: 64 FR 31382, June 10, 1999, unless otherwise noted.



Sec. 63.620  Applicability.

    (a) Except as provided in paragraphs (c) and (d) of this section, 
the requirements of this subpart apply to the owner or operator of each 
phosphate fertilizers production plant.
    (b) The requirements of this subpart apply to emissions of hazardous 
air pollutants (HAPs) emitted from the following new or existing 
affected sources at a phosphate fertilizers production plant:
    (1) Each diammonium and/or monoammonium phosphate process line. The 
requirements of this subpart apply to the following emission points 
which are components of a diammonium and/or monoammonium phosphate 
process line: reactors, granulators, dryers, coolers, screens, and 
mills.
    (2) Each granular triple superphosphate process line. The 
requirements of this subpart apply to the following emission points 
which are components of a granular triple superphosphate process line: 
mixers, curing belts (dens), reactors, granulators, dryers, coolers, 
screens, and mills.
    (3) Each granular triple superphosphate storage building. The 
requirements of this subpart apply to the following emission points 
which are components of a granular triple superphosphate storage 
building: storage or curing buildings, conveyors, elevators, screens and 
mills.
    (c) The requirements of this subpart do not apply to the owner or 
operator of a new or existing phosphate fertilizers production plant 
that is not a major source as defined in Sec. 63.2.
    (d) The provisions of this subpart do not apply to research and 
development facilities as defined in Sec. 63.621.

[[Page 686]]



Sec. 63.621  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 63.2, or in this section as follows:
    Diammonium and/or monoammonium phosphate process line means any 
process line manufacturing granular diammonium and/or monoammonium 
phosphate by reacting ammonia with phosphoric acid which has been 
derived from or manufactured by reacting phosphate rock and acid.
    Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorous pentoxide, fed to the process.
    Equivalent P2O5 stored means the quantity of 
phosphorus, expressed as phosphorus pentoxide, being cured or stored in 
the affected facility.
    Exceedance means a departure from an indicator range established for 
monitoring under this subpart, consistent with any averaging period 
specified for averaging the results of the monitoring.
    Fresh granular triple superphosphate means granular triple 
superphosphate produced within the preceding 72 hours.
    Granular triple superphosphate process line means any process line, 
not including storage buildings, manufacturing granular triple 
superphosphate by reacting phosphate rock with phosphoric acid.
    Granular triple superphosphate storage building means any building 
curing or storing fresh granular triple superphosphate.
    Research and development facility means research or 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 where the 
facility is not engaged in the manufacture of products for commercial 
sale in commerce or other off-site distribution, except in a de minimis 
manner.
    Total fluorides means elemental fluorine and all fluoride compounds, 
including the HAP hydrogen fluoride, as measured by reference methods 
specified in 40 CFR part 60, appendix A, Method 13 A or B, or by 
equivalent or alternative methods approved by the Administrator pursuant 
to Sec. 63.7(f).



Sec. 63.622  Standards for existing sources.

    (a) Diammonium and/or monoammonium phosphate process line. On and 
after the date on which the performance test required to be conducted by 
Secs. 63.7 and 63.626 is required to be completed, no owner or operator 
subject to the provisions of this subpart shall cause to be discharged 
into the atmosphere from any affected source any gases which contain 
total fluorides in excess of 30 grams/metric ton of equivalent 
P2O5 feed (0.060 lb/ton).
    (b) Granular triple superphosphate process line. On and after the 
date on which the performance test required to be conducted by 
Secs. 63.7 and 63.626 is required to be completed, no owner or operator 
subject to the provisions of this subpart shall cause to be discharged 
into the atmosphere from any affected source any gases which contain 
total fluorides in excess of 75 grams/metric ton of equivalent 
P2O5 feed (0.150 lb/ton).
    (c) Granular triple superphosphate storage building. (1) On and 
after the date on which the performance test required to be conducted by 
Secs. 63.7 and 63.626 is required to be completed, no owner or operator 
subject to the provisions of this subpart shall cause to be discharged 
into the atmosphere from any affected source any gases which contain 
total fluorides in excess of 0.250 grams/hr/metric ton of equivalent 
P2O5 stored (5.0 X 10-4 lb/hr/ton of 
equivalent P2O5 stored).
    (2) No owner or operator subject to the provisions of this subpart 
shall ship fresh granular triple superphosphate from an affected 
facility.



Sec. 63.623  Standards for new sources.

    (a) Diammonium and/or monoammonium phosphate process line. On and 
after the date on which the performance test required to be conducted by 
Secs. 63.7 and 63.626 is required to be completed, no owner or operator 
subject to the provisions of this subpart shall cause to be discharged 
into the atmosphere from any affected source any gases which contain 
total fluorides in excess of 29.0 grams/metric ton of equivalent 
P2O5 feed (0.0580 lb/ton).
    (b) Granular triple superphosphate process line. On and after the 
date on

[[Page 687]]

which the performance test required to be conducted by Secs. 63.7 and 
63.626 is required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain total 
fluorides in excess of 61.50 grams/metric ton of equivalent 
P2O5 feed (0.1230 lb/ton).
    (c) Granular triple superphosphate storage building. (1) On and 
after the date on which the performance test required to be conducted by 
Secs. 63.7 and 63.626 is required to be completed, no owner or operator 
subject to the provisions of this subpart shall cause to be discharged 
into the atmosphere from any affected source any gases which contain 
total fluorides in excess of 0.250 grams/hr/metric ton of equivalent 
P2O5 stored (5.0 X 10-4 lb/hr/ton of 
equivalent P2O5 stored).
    (2) No owner or operator subject to the provisions of this subpart 
shall ship fresh granular triple superphosphate from an affected 
facility.



Sec. 63.624  Operating requirements.

    On or after the date on which the performance test required to be 
conducted by Secs. 63.7 and 63.626 is required to be completed, the 
owner/operator using a wet scrubbing emission control system must 
maintain three-hour averages of the pressure drop across each scrubber 
and of the flow rate of the scrubbing liquid to each scrubber within the 
allowable ranges established pursuant to the requirements of 
Sec. 63.625(f)(1) or (2).



Sec. 63.625  Monitoring requirements.

    (a) Each owner or operator of a new or existing diammonium and/or 
monoammonium phosphate process line or granular triple superphosphate 
process line subject to the provisions of this subpart shall install, 
calibrate, maintain, and operate a monitoring system which can be used 
to determine and permanently record the mass flow of phosphorus-bearing 
feed material to the process. The monitoring system shall have an 
accuracy of 5 percent over its operating range.
    (b) Each owner or operator of a new or existing diammonium and/or 
monoammonium phosphate process line or granular triple superphosphate 
process line subject to the provisions of this subpart shall maintain a 
daily record of equivalent P2O5 feed by first 
determining the total mass rate in metric ton/hour of phosphorus bearing 
feed using a monitoring system for measuring mass flowrate which meets 
the requirements of paragraph (a) of this section and then by proceeding 
according to Sec. 63.626(c)(3).
    (c) Each owner or operator of a new or existing diammonium and/or 
monoammonium phosphate process line, granular triple superphosphate 
process line, or granular triple superphosphate storage building using a 
wet scrubbing emission control system shall install, calibrate, 
maintain, and operate the following monitoring systems:
    (1) A monitoring system which continuously measures and permanently 
records the pressure drop across each scrubber in the process scrubbing 
system in 15-minute block averages. The monitoring system shall be 
certified by the manufacturer to have an accuracy of 5 
percent over its operating range.
    (2) A monitoring system which continuously measures and permanently 
records the flow rate of the scrubbing liquid to each scrubber in the 
process scrubbing system in 15-minute block averages. The monitoring 
system shall be certified by the manufacturer to have an accuracy of 
5 percent over its operating range.
    (d) The owner or operator of any granular triple superphosphate 
storage building subject to the provisions of this subpart shall 
maintain an accurate account of granular triple superphosphate in 
storage to permit the determination of the amount of equivalent 
P2O5 stored.
    (e)(1) Each owner or operator of a new or existing granular triple 
superphosphate storage building subject to the provisions of this 
subpart shall maintain a daily record of total equivalent 
P2O5 stored by multiplying the percentage 
P2O5 content, as determined by Sec. 63.626(d)(3), 
times the total mass of granular triple superphosphate stored.
    (2) The owner or operator of any granular triple superphosphate 
storage building subject to the provisions of this subpart shall develop 
for approval

[[Page 688]]

by the Administrator a site-specific methodology including sufficient 
recordkeeping for the purposes of demonstrating compliance with 
Sec. 63.622(c)(2) or Sec. 63.623(c)(2), as applicable.
    (f) Following the date on which the performance test required in 
Sec. 63.626 is completed, the owner or operator of a new or existing 
affected source using a wet scrubbing emission control system and 
subject to emissions limitations for total fluorides or particulate 
matter contained in this subpart must establish allowable ranges for 
operating parameters using the methodology of either paragraph (f)(1) or 
(2) of this section:
    (1) The allowable range for the daily averages of the pressure drop 
across each scrubber and of the flow rate of the scrubbing liquid to 
each scrubber in the process scrubbing system is 20 percent 
of the baseline average value determined as a requirement of 
Sec. 63.626(c)(4) or (d)(4). The Administrator retains the right to 
reduce the 20 percent adjustment to the baseline average 
values of operating ranges in those instances where performance test 
results indicate that a source's level of emissions is near the value of 
an applicable emissions standard, but, in no instance shall the 
adjustment be reduced to less than 10 percent. The owner or 
operator must notify the Administrator of the baseline average value and 
must notify the Administrator each time that the baseline value is 
changed as a result of the most recent performance test. The baseline 
average values used for compliance shall be based on the values 
determined during the most recent performance test. The new baseline 
average value shall be effective on the date following the performance 
test.
    (2) The owner or operator of any new or existing affected source 
shall establish, and provide to the Administrator for approval, 
allowable ranges of baseline average values for the pressure drop across 
and of the flow rate of the scrubbing liquid to each scrubber in the 
process scrubbing system for the purpose of assuring compliance with 
this subpart. Allowable ranges may be based upon baseline average values 
recorded during previous performance tests using the test methods 
required in this subpart and established in the manner required in 
Sec. 63.626(c)(4) or (d)(4). As an alternative, the owner or operator 
can establish the allowable ranges of baseline average values using the 
results of performance tests conducted specifically for the purposes of 
this paragraph using the test methods required in this subpart and 
established in the manner required in Sec. 63.626(c)(4) or (d)(4). The 
source shall certify that the control devices and processes have not 
been modified subsequent to the testing upon which the data used to 
establish the allowable ranges were obtained. The allowable ranges of 
baseline average values developed pursuant to the provisions of this 
paragraph must be submitted to the Administrator for approval. The owner 
or operator must request and obtain approval of the Administrator for 
changes to the allowable ranges of baseline average values. When a 
source using the methodology of this paragraph is retested, the owner 
operator shall determine new allowable ranges of baseline average values 
unless the retest indicates no change in the operating parameters from 
previous tests. Any new allowable ranges of baseline average values 
resulting from the most recent performance test shall be effective on 
the date following the retest. Until changes to allowable ranges of 
baseline average values are approved by the Administrator, the allowable 
ranges for use in Sec. 63.624 shall be based upon the range of baseline 
average values proposed for approval.



Sec. 63.626  Performance tests and compliance provisions.

    (a)(1) On or before the applicable compliance date in Sec. 63.630 
and once per annum thereafter, each owner or operator of a phosphate 
fertilizers production plant subject to the provisions of this subpart 
shall conduct a performance test to demonstrate compliance with the 
applicable emission standard for each existing diammonium and/or 
monoammonium phosphate process line, granular triple superphosphate 
process line, or granular triple superphosphate storage building. The 
owner or operator shall conduct the performance test according to the 
procedures

[[Page 689]]

in subpart A of this part and in this section.
    (2) As required by Sec. 63.7(a)(2) and once per annum thereafter, 
each owner or operator of a phosphate fertilizers production plant 
subject to the provisions of this subpart shall conduct a performance 
test to demonstrate compliance with the applicable emission standard for 
each new diammonium and/or monoammonium phosphate process line, granular 
triple superphosphate process line, or granular triple superphosphate 
storage building. The owner or operator shall conduct the performance 
test according to the procedures in subpart A of this part and in this 
section.
    (b) In conducting performance tests, each owner or operator of an 
affected source shall use as reference methods and procedures the test 
methods in 40 CFR part 60, appendix A, or other methods and procedures 
as specified in this section, except as provided in Sec. 63.7(f).
    (c) Each owner or operator of a new or existing diammonium and/or 
monoammonium phosphate process line or granular triple superphosphate 
process line shall determine compliance with the applicable total 
fluorides standards in Sec. 63.622 or Sec. 63.623 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10JN99.001

Where:

E = emission rate of total fluorides, g/metric ton (lb/ton) of 
equivalent P2O5 feed.
Csi = concentration of total fluorides from emission point 
``i,'' mg/dscm (mg/dscf).
Qsdi = volumetric flow rate of effluent gas from emission 
point ``i,'' dscm/hr (dscf/hr).
N = number of emission points associated with the affected facility.
P = equivalent P2O5 feed rate, metric ton/hr (ton/
hr).
K = conversion factor, 1000 mg/g (453,600 mg/lb).

    (2) Method 13A or 13B (40 CFR part 60, appendix A) shall be used to 
determine the total fluorides concentration (Csi) and 
volumetric flow rate (Qsdi) of the effluent gas from each of 
the emission points. If Method 13 B is used, the fusion of the filtered 
material described in section 7.3.1.2 and the distillation of suitable 
aliquots of containers 1 and 2, described in sections 7.3.3 and 7.3.4 in 
Method 13 A, may be omitted. The sampling time and sample volume for 
each run shall be at least one hour and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed using the following equation:

P = Mp Rp

Where:

Mp = total mass flow rate of phosphorus-bearing feed, metric 
ton/hr (ton/hr).
Rp = P2O5 content, decimal fraction.

    (i) The accountability system described in Sec. 63.625(a) and (b) 
shall be used to determine the mass flow rate (Mp) of the 
phosphorus-bearing feed.
    (ii) The P2O5 content (Rp) of the 
feed shall be determined using as appropriate the following methods 
(incorporated by reference--see 40 CFR 63.14) specified in the Book of 
Methods Used and Adopted By The Association Of Florida Phosphate 
Chemists, Seventh Edition 1991, where applicable:
    (A) Section IX, Methods of Analysis for Phosphate Rock, No. 1 
Preparation of Sample.
    (B) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus--P2O5 or 
Ca3(PO4)2, Method A--Volumetric Method.
    (C) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method B--Gravimetric 
Quimociac Method.
    (D) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method C--Spectrophotometric Method.
    (E) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A--Volumetric 
Method.
    (F) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate,

[[Page 690]]

Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-
P2O5, Method B--Gravimetric Quimociac Method.
    (G) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method.
    (4) To comply with Sec. 63.625(f)(1) or (2), the owner or operator 
shall use the monitoring systems in Sec. 63.625(c) to determine the 
average pressure loss of the gas stream across each scrubber in the 
process scrubbing system and to determine the average flow rate of the 
scrubber liquid to each scrubber in the process scrubbing system during 
each of the total fluoride runs. The arithmetic averages of the three 
runs shall be used as the baseline average values for the purposes of 
Sec. 63.625(f)(1) or (2).
    (d) Each owner or operator of a new or existing granular triple 
superphosphate storage building shall determine compliance with the 
applicable total fluorides standards in Sec. 63.622 or Sec. 63.623 as 
follows:
    (1) The owner or operator shall conduct performance tests only when 
the following quantities of product are being cured or stored in the 
facility.
    (i) Total granular triple superphosphate is at least 10 percent of 
the building capacity, and
    (ii) Fresh granular triple superphosphate is at least six percent of 
the total amount of granular triple superphosphate, or
    (iii) If the provision in paragraph (d)(1)(ii) of this section 
exceeds production capabilities for fresh granular triple 
superphosphate, fresh granular triple superphosphate is equal to at 
least 5 days maximum production.
    (2) In conducting the performance test, the owner or operator shall 
use as reference methods and procedures the test methods in 40 CFR part 
60, appendix A, or other methods and procedures as specified in this 
section, except as provided in Sec. 63.7(f).
    (3) The owner or operator shall determine compliance with the total 
fluorides standard in Secs. 63.622 and 63.623 as follows:
    (i) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR10JN99.002

Where:

E = emission rate of total fluorides, g/hr/metric ton (lb/hr/ton) of 
equivalent P2O5 stored.
Csi = concentration of total fluorides from emission point 
``i,'' mg/dscm (mg/dscf).
    Qsdi = volumetric flow rate of effluent gas from emission 
point ``i,'' dscm/hr (dscf/hr).
N = number of emission points in the affected facility.
P = equivalent P2O5 stored, metric tons (tons).
K = conversion factor, 1000 mg/g (453,600 mg/lb).

    (ii) Method 13A or 13B (40 CFR part 60, appendix A) shall be used to 
determine the total fluorides concentration (Csi) and 
volumetric flow rate (Qsdi) of the effluent gas from each of 
the emission points. If Method 13B is used, the fusion of the filtered 
material described in section 7.3.1.2 and the distillation of suitable 
aliquots of containers 1 and 2, described in Sections 7.3.3 and 7.3.4 in 
Method 13 A, may be omitted. The sampling time and sample volume for 
each run shall be at least one hour and 0.85 dscm (30 dscf).
    (iii) The equivalent P2O5 feed rate (P) shall 
be computed using the following equation:
P = Mp Rp

Where:

Mp = amount of product in storage, metric ton (ton).
Rp = P2O5 content of product in 
storage, weight fraction.

    (iv) The accountability system described in Sec. 63.625(d) and (e) 
shall be used to determine the amount of product (Mp) in 
storage.
    (v) The P2O5 content (Rp) of the 
product stored shall be determined using as appropriate the following 
methods (incorporated by reference--see 40 CFR 63.14) specified in the 
Book of Methods Used and Adopted By The Association Of Florida Phosphate 
Chemists, Seventh Edition 1991, where applicable:

[[Page 691]]

    (A) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus--P2O5, Method A--Volumetric 
Method.
    (B) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus--P2O5, Method B--Gravimetric 
Quimociac Method.
    (C) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus--P2O5, Method C--
Spectrophotometric Method, or,
    (vi) The P2O5 content (Rp) of the 
product stored shall be determined using as appropriate the following 
methods (incorporated by reference--see 40 CFR 63.14) specified in the 
Official Methods of Analysis of AOAC International, sixteenth Edition, 
1995, where applicable:
    (A) AOAC Official Method 957.02 Phosphorus (Total) In Fertilizers, 
Preparation of Sample Solution.
    (B) AOAC Official Method 929.01 Sampling of Solid Fertilizers.
    (C) AOAC Official Method 929.02 Preparation of Fertilizer Sample.
    (D) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, 
Automated Method.
    (E) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, 
Alkalimetric Quinolinium Molybdophosphate Method.
    (F) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, 
Gravimetric Quinolinium Molybdophosphate Method.
    (G) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, 
Spectrophotometric Molybdovanadophosphate Method.
    (4) To comply with Sec. 63.625(f) (1) or (2), the owner or operator 
shall use the monitoring systems described in Sec. 63.625(c) to 
determine the average pressure loss of the gas stream across each 
scrubber in the process scrubbing system and to determine the average 
flow rate of the scrubber liquid to each scrubber in the process 
scrubbing system during each of the total fluoride runs. The arithmetic 
averages of the three runs shall be used as the baseline average values 
for the purposes of Sec. 63.625(f) (1) or (2).



Sec. 63.627  Notification, recordkeeping, and reporting requirements.

    (a) Each owner or operator subject to the requirements of this 
subpart shall comply with the notification requirements in Sec. 63.9.
    (b) Each owner or operator subject to the requirements of this 
subpart shall comply with the recordkeeping requirements in Sec. 63.10.
    (c) The owner or operator of an affected source shall comply with 
the reporting requirements specified in Sec. 63.10 as follows:
    (1) Performance test report. As required by Sec. 63.10, the owner or 
operator shall report the results of the initial and annual performance 
tests as part of the notification of compliance status required in 
Sec. 63.9.
    (2) Excess emissions report. As required by Sec. 63.10, the owner or 
operator of an affected source shall submit an excess emissions report 
for any exceedance of an operating parameter limit. The report shall 
contain the information specified in Sec. 63.10. When no exceedances of 
an operating parameter have occurred, such information shall be included 
in the report. The report shall be submitted semiannually and shall be 
delivered or postmarked by the 30th day following the end of the 
calendar half. If exceedances are reported, the owner or operator shall 
report quarterly until a request to reduce reporting frequency is 
approved as described in Sec. 63.10.
    (3) Summary report. If the total duration of control system 
exceedances for the reporting period is less than 1 percent of the total 
operating time for the reporting period, the owner or operator shall 
submit a summary report containing the information specified in 
Sec. 63.10 rather than the full excess emissions report, unless required 
by the Administrator. The summary report shall be submitted semiannually 
and shall be delivered or postmarked by the 30th day following the end 
of the calendar half.
    (4) If the total duration of control system operating parameter 
exceedances for the reporting period is

[[Page 692]]

1 percent or greater of the total operating time for the reporting 
period, the owner or operator shall submit a summary report and the 
excess emissions report.



Sec. 63.628  Applicability of general provisions.

    The requirements of the general provisions in subpart A of this part 
that are applicable to the owner or operator subject to the requirements 
of this subpart are shown in appendix A to this subpart.



Sec. 63.629  Miscellaneous requirements.

    The Administrator retains the authority to approve site-specific 
test plans for uncontrolled granular triple superphosphate storage 
buildings developed pursuant to Sec. 63.7(c)(2)(i).



Sec. 63.630  Compliance dates.

    (a) Each owner or operator of an existing affected source at a 
phosphate fertilizers production plant shall achieve compliance with the 
requirements of this subpart no later than June 10, 2002. 
Notwithstanding the requirements of Sec. 63.7(a)(2)(iii), each owner or 
operator of an existing affected source at a phosphate fertilizers 
production plant shall fulfill the applicable requirements of 
Sec. 63.626 no later than June 10, 2002.
    (b) Each owner or operator of a phosphate fertilizers production 
plant that commences construction or reconstruction of an affected 
source after December 27, 1996 shall achieve compliance with the 
requirements of this subpart upon startup of operations or by June 10, 
1999, whichever is later.
    (c) The owner or operator of any existing uncontrolled granular 
triple superphosphate storage building subject to the provisions of this 
subpart shall submit for approval by the Administrator a site-specific 
test plan for each such building according to the provisions of 
Sec. 63.7(b)(2)(i) no later than June 12, 2000.



Sec. 63.631  Exemption from new source performance standards.

    Any affected source subject to the provisions of this subpart is 
exempted from any otherwise applicable new source performance standard 
contained in 40 CFR part 60, subpart V, subpart W, or subpart X. To be 
exempt, a source must have a current operating permit pursuant to Title 
V of the Act and the source must be in compliance with all requirements 
of this subpart. For each affected source, this exemption is effective 
upon the date that the owner or operator demonstrates to the 
Administrator that the requirements of Secs. 63.624, 63.625 and 63.626 
have been met.

 Appendix A to Subpart BB of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                       BB
----------------------------------------------------------------------------------------------------------------
           40 CFR citation                  Requirement          Applies to subpart BB           Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1) through (4)..............  General Applicability..  Yes.
63.1(a)(5)..........................  .......................  No......................  [Reserved].
63.1(a)(6) through (8)..............  .......................  Yes.
63.1(a)(9)..........................  .......................  No......................  [Reserved].
63.1(a)(10) through (14)............  .......................  Yes.
63.1(b).............................  Initial Applicability    Yes.
                                       Determination.
63.1(c)(1)..........................  Applicability After      Yes.
                                       Standard Established.
63.1(c)(2)..........................  .......................  Yes.....................  Some plants may be area
                                                                                          sources.
63.1(c)(3)..........................  .......................  No......................  [Reserved].
63.1(c)(4) and (5)..................  .......................  Yes.....................
63.1(d).............................  .......................  No......................  [Reserved].
63.1(e).............................  Applicability of Permit  Yes.
                                       Program.
63.2................................  Definitions............  Yes.....................  Additional definitions
                                                                                          in Sec.  63.621.
63.3................................  Units and Abbreviations  Yes.
63.4(a)(1) through (3)..............  Prohibited Activities..  Yes.
63.4(a)(4)..........................  .......................  No......................  [Reserved].
63.4(a)(5)..........................  .......................  Yes.
63.4(b) and (c).....................  Circumvention/           Yes.
                                       Severability.
63.5(a).............................  Construction/            Yes.
                                       Reconstruction
                                       Applicability.

[[Page 693]]

 
63.5(b)(1)..........................  Existing, New,           Yes.
                                       Reconstructed Sources
                                       Requirements.
63.5(b)(2)..........................  .......................  No......................  [Reserved].
63.5(b)(3) through (6)..............  .......................  Yes.
63.5(c).............................  .......................  No......................  [Reserved].
63.5(d).............................  Application for          Yes.
                                       Approval of
                                       Construction/
                                       Reconstruction.
63.5(e).............................  Approval of              Yes.
                                       Construction/
                                       Reconstruction.
63.5(f).............................  Approval of              Yes.
                                       Construction/
                                       Reconstruction Based
                                       on State Review.
63.6(a).............................  Compliance with          Yes.
                                       Standards and
                                       Maintenance
                                       Applicability.
63.6(b)(1) through (5)..............  New and Reconstructed    Yes.....................  See also Sec.  63.629.
                                       Sources Dates.
63.6(b)(6)..........................  .......................  No......................  [Reserved].
63.6(b)(7)..........................  .......................  Yes.
63.6(c)(1)..........................  Existing Sources Dates.  Yes.....................  Sec.  63.629 specifies
                                                                                          dates.
63.6(c)(2)..........................  .......................  Yes.
63.6(c)(3) and (4)..................  .......................  No......................  [Reserved].
63.6(c)(5)..........................  .......................  Yes.
63.6(d).............................  .......................  No......................  [Reserved].
63.6(e)(1) and (2)..................  Operation & Maintenance  Yes.....................  Sec.  63.624 specifies
                                       Requirements.                                      additional
                                                                                          requirements.
63.6(e)(3)..........................  Startup, Shutdown, and   Yes.....................  Sec.  63.624 specifies
                                       Malfunction Plan.                                  additional
                                                                                          requirements.
63.6(f).............................  Compliance with          Yes.....................  Secs.  63.622 through
                                       Emission Standards.                                625 specify additional
                                                                                          requirements.
63.6(g).............................  Alternative Standard...  Yes.
63.6(h).............................  Compliance with Opacity/ No......................  Subpart BB does not
                                       VE Standards.                                      include VE/opacity
                                                                                          standards.
63.6(i)(1) through (14).............  Extension of Compliance  Yes.
63.6(i)(15).........................  .......................  No......................  [Reserved].
63.6(i)(16).........................  .......................  Yes.
63.6(j).............................  Exemption from           Yes.
                                       Compliance.
63.7(a).............................  Performance Test         Yes.....................  Sec.  63.629(a) applies
                                       Requirements                                       rather than Sec.
                                       Applicability.                                     63.7(a)(2)(iii).
63.7(b).............................  Notification...........  Yes.
63.7(c).............................  Quality Assurance/Test   Yes.
                                       Plan.
63.7(d).............................  Testing Facilities.....  Yes.
63.7(e).............................  Conduct of Tests.......  Yes.....................  Secs.  63.624 and
                                                                                          63.625 specify
                                                                                          additional
                                                                                          requirements.
63.7(f).............................  Alternative Test Method  Yes.
63.7(g).............................  Data Analysis..........  Yes.
63.7(h).............................  Waiver of Tests........  Yes.
63.8(a)(1)..........................  Monitoring Requirements  Yes.
                                       Applicability.
63.8(a)(2)..........................  .......................  No......................  Subpart BB does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.8(a)(3)..........................  .......................  No......................  [Reserved].
63.8(a)(4)..........................  .......................  Yes.
63.8(b).............................  Conduct of Monitoring..  Yes.
63.8(c)(1) through (4)..............  CMS Operation/           Yes.
                                       Maintenance.
63.8(c)(5) through (8)..............  .......................  No......................  Subpart BB does not
                                                                                          require COMS/CEMS or
                                                                                          CMS performance
                                                                                          specifications.
63.8(d).............................  Quality Control........  Yes.
63.8(e).............................  CMS Performance          No......................  Subpart BB does not
                                       Evaluation.                                        require CMS
                                                                                          performance
                                                                                          evaluations.
63.8(f)(1) through (5)..............  Alternative Monitoring   Yes.
                                       Method.
63.8(f)(6)..........................  Alternative to RATA      No......................  Subpart BB does not
                                       Test.                                              require CEMS.
63.8(g)(1)..........................  Data Reduction.........  Yes.
63.8(g)(2)..........................  .......................  No......................  Subpart BB does not
                                                                                          require COMS or CEMS.
63.8(g)(3) through (5)..............  .......................  Yes.
63.9(a).............................  Notification             Yes.
                                       Requirements
                                       Applicability.
63.9(b).............................  Initial Notifications..  Yes.

[[Page 694]]

 
63.9(c).............................  Request for Compliance   Yes.
                                       Extension.
63.9(d).............................  New Source Notification  Yes.
                                       for Special Compliance
                                       Requirements.
63.9(e).............................  Notification of          Yes.
                                       Performance Test.
63.9(f).............................  Notification of VE/      No......................  Subpart BB does not
                                       Opacity Test.                                      include VE/opacity
                                                                                          standards.
63.9(g).............................  Additional CMS           No......................  Subpart BB does not
                                       Notifications.                                     require CMS
                                                                                          performance
                                                                                          evaluation, COMS, or
                                                                                          CEMS.
63.9(h)(1) through (3)..............  Notification of          Yes.
                                       Compliance Status.
63.9(h)(4)..........................  .......................  No......................  [Reserved].
63.9(h)(5) and (6)..................  .......................  Yes.
63.9(i).............................  Adjustment of Deadlines  Yes.
63.9(j).............................  Change in Previous       Yes.
                                       Information.
63.10(a)............................  Recordkeeping/Reporting- Yes.
                                       Applicability.
63.10(b)............................  General Recordkeeping    Yes.
                                       Requirements.
63.10(c)(1).........................  Additional CMS           Yes.
                                       Recordkeeping.
63.10(c)(2) through (4).............  .......................  No......................  [Reserved].
63.10(c)(5).........................  .......................  Yes.
63.10(c)(6).........................  .......................  No......................  Subpart BB does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.10(c)(7) and (8).................  .......................  Yes.
63.10(c)(9).........................  .......................  No......................  [Reserved].
63.10(c)(10 ) through (13)..........  .......................  Yes.
63.10(c)(14)........................  .......................  No......................  Subpart BB does not
                                                                                          require a CMS quality
                                                                                          control program.
63.10(c)(15)........................  .......................  Yes.
63.10(d)(1).........................  General Reporting        Yes.
                                       Requirements.
63.10(d)(2).........................  Performance Test         Yes.
                                       Results.
63.10(d)(3).........................  Opacity or VE            No......................  Subpart BB does not
                                       Observations.                                      include VE/opacity
                                                                                          standards.
63.10(d)(4) and (5).................  Progress Reports/        Yes.
                                       Startup, Shutdown, and
                                       Malfunction Reports.
63.10(e)(1) and (2).................  Additional CMS Reports.  No......................  Subpart BB does not
                                                                                          require CEMS or CMS
                                                                                          performance
                                                                                          evaluations.
63.10(e)(3).........................  Excess Emissions/CMS     Yes.....................  Sec.  63.626(c)(2)
                                       Performance Reports.                               includes additional
                                                                                          requirements. A CMS
                                                                                          performance report is
                                                                                          not required.
63.10(e)(4).........................  COMS Data Reports......  No......................  Subpart BB does not
                                                                                          require COMS.
63.10(f)............................  Recordkeeping/Reporting  Yes.
                                       Waiver.
63.11(a)............................  Control Device           Yes.
                                       Requirements
                                       Applicability.
63.11(b)............................  Flares.................  No......................  Flares not applicable.
63.12...............................  State Authority and      Yes.....................  Authority for approval
                                       Delegations.                                       of site-specific test
                                                                                          plans for GTSP storage
                                                                                          buildings is retained
                                                                                          (see Sec.  63.628(a)).
63.13...............................  Addresses..............  Yes.
63.14...............................  Incorporation by         Yes.
                                       Reference.
63.15...............................  Information              Yes.
                                       Availability/
                                       Confidentiality.
----------------------------------------------------------------------------------------------------------------



  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

[[Page 695]]

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;
    (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

[[Page 696]]

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 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

[[Page 697]]

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 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);

[[Page 698]]

    (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. 63.565 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 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)

[[Page 699]]

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 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, except as provided in paragraph (n)(8) of this section.
    (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 
except as provided in paragraph (n)(8) of this section.
    (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.

[[Page 700]]

    (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 comply 
only with the provisions of 40 CFR part 60, subparts K or Ka except as 
provided for in paragraph (n)(9) of this section.
    (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.
    (8) Storage vessels described by paragraphs (n)(1) and (n)(3) of 
this section are to comply with 40 CFR part 60, subpart Kb except as 
provided for in paragraphs (n)(8)(i) through (n)(8)(vi) of this section.
    (i) Storage vessels that are to comply with Sec. 60.112b(a)(2) of 
subpart Kb are exempt from the secondary seal requirements of 
Sec. 60.112b(a)(2)(i)(B) during the gap measurements for the primary 
seal required by Sec. 60.113b(b) of subpart Kb.
    (ii) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in Sec. 60.113b(b) of subpart 
Kb or to inspect the vessel to determine compliance with Sec. 60.113b(a) 
of subpart Kb because the roof appears to be structurally unsound and 
poses an imminent danger to inspecting personnel, the owner or operator 
shall comply with the requirements in either Sec. 63.120(b)(7)(i) or 
Sec. 63.120(b)(7)(ii) of subpart G.
    (iii) If a failure is detected during the inspections required by 
Sec. 60.113b(a)(2) or during the seal gap measurements required by 
Sec. 60.113b(b)(1), and the vessel cannot be repaired within 45 days and 
the vessel cannot be emptied within 45 days, the owner or operator may 
utilize up to two extensions of up to 30 additional calendar days each. 
The owner or operator is not required to provide a request for the 
extension to the Administrator.
    (iv) If an extension is utilized in accordance with paragraph 
(n)(8)(iii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, provide the information listed in 
Sec. 60.113b(a)(2) or Sec. 60.113b(b)(4)(iii), and describe the nature 
and date of the repair made or provide the date the storage vessel was 
emptied.
    (v) Owners and operators of storage vessels complying with subpart 
Kb of part 60 may submit the inspection reports required by 
Secs. 60.115b(a)(3), (a)(4), and (b)(4) of subpart Kb as part of the 
periodic reports required by this subpart, rather than within the 30-day 
period specified in Secs. 60.115b(a)(3), (a)(4), and (b)(4) of subpart 
Kb.
    (vi) The reports of rim seal inspections specified in 
Sec. 60.115b(b)(2) are not required if none of the measured gaps or 
calculated gap areas exceed the limitations specified in 
Sec. 60.113b(b)(4). Documentation of the inspections shall be recorded 
as specified in Sec. 60.115b(b)(3).
    (9) Storage vessels described by paragraph (n)(6) of this section 
that are to comply with 40 CFR part 60, subpart Ka, are to comply with 
only subpart Ka except as provided for in paragraphs (n)(9)(i) through 
(n)(9)(iv) of this section.
    (i) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements required in Sec. 60.113a(a)(1) of subpart Ka 
because the floating roof appears to be structurally unsound and poses 
an imminent danger to inspecting personnel, the owner or operator shall 
comply with the requirements in either Sec. 63.120(b)(7)(i) or 
Sec. 63.120(b)(7)(ii) of subpart G.
    (ii) If a failure is detected during the seal gap measurements 
required by Sec. 60.113a(a)(1) of subpart Ka, and the vessel cannot be 
repaired within 45 days and the vessel cannot be emptied within 45 days, 
the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each.
    (iii) If an extension is utilized in accordance with paragraph 
(n)(9)(ii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, describe the nature and date of 
the repair made or provide the date the storage vessel was emptied. The 
owner or operator shall also provide documentation of the decision to 
utilize an extension including a description of the failure, 
documentation that alternate storage capacity is unavailable, and a 
schedule of actions

[[Page 701]]

that will ensure that the control equipment will be repaired or the 
vessel emptied as soon as possible.
    (iv) Owners and operators of storage vessels complying with subpart 
Ka of part 60 may submit the inspection reports required by 
Sec. 60.113a(a)(1)(i)(E) of subpart Ka as part of the periodic reports 
required by this subpart, rather than within the 60-day period specified 
in Sec. 60.113a(a)(1)(i)(E) of subpart Ka.
    (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 paragraph (o)(2)(i) or (o)(2)(ii) 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) Comply with paragraphs (o)(2)(i)(A) through (o)(2)(i)(C) of this 
section.
    (A) The provisions in Secs. 63.133 through 63.140 of subpart G for 
all equipment used in the storage and conveyance of the Group 1 or Group 
2 wastewater stream.
    (B) 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.
    (C) 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.
    (ii) Comply with paragraphs (o)(2)(ii)(A) and (o)(2)(ii)(B) of this 
section.
    (A) Comply with the provisions of Secs. 63.133 through 63.148 and 
Secs. 63.151 and 63.152 of subpart G.
    (B) 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 Sec. 63.133 through Sec. 63.147 of subpart G for Group 1 
wastewater streams.
    (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 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.
    (r) Overlap of subpart CC with other regulations for gasoline 
loading racks. After the compliance dates specified in paragraph (h) of 
this section, a Group 1 gasoline loading rack that is part of a source 
subject to subpart CC and also is subject to the provisions of 40 CFR 
part 60, subpart XX is required to comply only with this subpart.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 
FR 29878, June 12, 1996; 63 FR 44140, Aug. 18, 1998]



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

[[Page 702]]

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 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

[[Page 703]]

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 connector, 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 means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or 
greater that is used as a fuel for internal combustion engines.
    Gasoline loading rack means the loading arms, pumps, meters, shutoff 
valves, relief valves, and other piping and valves necessary to fill 
gasoline cargo tanks.
    Group 1 gasoline loading rack means any gasoline loading rack 
classified under Standard Industrial Classification code 2911 that is 
located within a bulk gasoline terminal that has a gasoline throughput 
greater than 75,700 liters per day. Gasoline throughput shall be the 
maximum calculated design throughput for the terminal as may be limited 
by compliance with enforceable conditions under Federal, State, or local 
law and discovered by the Administrator and any other person.
    Group 1 marine tank vessel means a vessel at an existing source 
loaded at any land- or sea-based terminal or structure that loads liquid 
commodities with vapor pressures greater than or equal to 10.3 
kilopascals in bulk onto marine tank vessels, that emits greater than 
9.1 megagrams of any individual HAP or 22.7 megagrams of any combination 
of HAP annually after August 18, 1999, or a vessel at a new source 
loaded at any land- or sea-based terminal or structure that loads liquid 
commodities with vapor pressures greater than or equal to 10.3 
kilopascals onto marine tank vessels.
    Group 1 miscellaneous process vent means a miscellaneous process 
vent for which the total organic HAP concentration is greater than or 
equal to 20 parts per million by volume, and the total volatile organic 
compound emissions are greater than or equal to 33 kilograms per day for 
existing sources and 6.8 kilograms per day for new

[[Page 704]]

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.
    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

[[Page 705]]

    (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;
    (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; and
    (14) Hydrogen production plant vents through which carbon dioxide is 
removed from process streams or through which steam condensate produced 
or treated within the hydrogen plant is degassed or deaerated.
    Operating permit means a permit required by 40 CFR parts 70 or 71.
    Organic hazardous air pollutant or organic HAP in this subpart, 
means any of the organic chemicals listed in table 1 of this subpart.
    Petroleum-based solvents means mixtures of aliphatic hydrocarbons or 
mixtures of one and two ring aromatic hydrocarbons.
    Periodically discharged means discharges that are intermittent and 
associated with routine operations. Discharges associated with 
maintenance activities or process upsets are not considered periodically 
discharged miscellaneous process vents and are therefore not regulated 
by the petroleum refinery miscellaneous process vent provisions.
    Petroleum refining process unit means a process unit used in an 
establishment primarily engaged in petroleum refining as defined in the 
Standard Industrial Classification code for petroleum refining (2911), 
and used primarily for the following:
    (1) Producing transportation fuels (such as gasoline, diesel fuels, 
and jet fuels), heating fuels (such as kerosene, fuel gas distillate, 
and fuel oils), or lubricants;
    (2) Separating petroleum; or
    (3) Separating, cracking, reacting, or reforming intermediate 
petroleum streams.
    (4) Examples of such units include, but are not limited to, 
petroleum-based solvent units, alkylation units, catalytic 
hydrotreating, catalytic hydrorefining, catalytic hydrocracking, 
catalytic reforming,

[[Page 706]]

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.
    (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

[[Page 707]]

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 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; 63 FR 31361, June 9, 1998; 63 FR 44141, Aug. 
18, 1998; 65 FR 26497, May 8, 2000]

    Effective Date Note: At 65 FR 26497, May 8, 2000, Sec. 63.641, was 
amended by revising the definition of Equipment leak, effective July 7,

[[Page 708]]

2000. For the convenience of the user, the superseded text is set forth 
as follows:

Sec. 63.641  Definitions.

                                * * * * *

    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.

                                * * * * *



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 = 0.02 EPV1 +  
EPV2 + 0.05 ES1 +  
ES2 +  EGLR1C +  
EGLR2 + (R)  EMV1 +  
EMV2 +  EWW1C +  EWW2

where:
EA = Emission rate, megagrams per year, allowed for the 
source.
0.02 EPV1 = 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.
0.05 ES1 = 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

[[Page 709]]

Group 2 storage vessels, as defined in Sec. 63.641.
 EGLR1C = Sum of the residual emissions, megagrams 
per year, from all Group 1 gasoline loading racks, as defined in 
Sec. 63.641.
 EGLR2 = Sum of the emissions, megagrams per year, 
from all Group 2 gasoline loading racks, as defined in Sec. 63.641.
(R) EMV1 = Sum of the residual emissions megagrams 
per year, from all Group 1 marine tank vessels, as defined in 
Sec. 63.641.
R = 0.03 for existing sources, 0.02 for new sources.
 EMV2 = Sum of the emissions, megagrams per year 
from all Group 2 marine tank vessels, as defined in Sec. 63.641.
 EWW1C = Sum of the residual emissions from all 
Group 1 wastewater streams, as defined in Sec. 63.641. This term is 
calculated for each Group 1 stream according to the equation for 
EWWic in Sec. 63.652(h)(6).
 EWW2 = Sum of emissions from all Group 2 wastewater 
streams, as defined in Sec. 63.641.

The emissions level represented by this equation is dependent on the 
collection of emission points in the source. The level is not fixed and 
can change as the emissions from each emission point 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]

[[Page 710]]



Sec. 63.643  Miscellaneous process vent provisions.

    (a) The owner or operator of a Group 1 miscellaneous process vent as 
defined in Sec. 63.641 shall comply with the requirements of either 
paragraphs (a)(1) or (a)(2) of this section.
    (1) Reduce emissions of organic HAP's using a flare that meets the 
requirements of Sec. 63.11(b) of subpart A of this part.
    (2) Reduce emissions of organic HAP's, using a control device, by 98 
weight-percent or to a concentration of 20 parts per million by volume, 
on a dry basis, corrected to 3 percent oxygen, whichever is less 
stringent. Compliance can be determined by measuring either organic 
HAP's or TOC's using the procedures in Sec. 63.645.
    (b) If a boiler or process heater is used to comply with the 
percentage of reduction requirement or concentration limit specified in 
paragraph (a)(2) of this section, then the vent stream shall be 
introduced into the flame zone of such a device, or in a location such 
that the required percent reduction or concentration is achieved. 
Testing and monitoring is required only as specified in Sec. 63.644(a) 
and Sec. 63.645 of this subpart.



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 or other written procedures that provide adequate 
assurance that the equipment will 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, 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.

[[Page 711]]

    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether a vent stream flow is present at least once every 
hour. Records shall be generated as specified in Sec. 63.654(h) and (i). 
The flow indicator shall be installed at the entrance to any bypass line 
that could divert the vent stream away from the control device to the 
atmosphere; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve is maintained in the closed position and the 
vent stream is not diverted through the bypass line.
    (d) The owner or operator shall establish a range that ensures 
compliance with the emissions standard for each parameter monitored 
under paragraphs (a) and (b) of this section. In order to establish the 
range, the information required in Sec. 63.654(f)(3) shall be submitted 
in the Notification of Compliance Status report.
    (e) Each owner or operator of a control device subject to the 
monitoring provisions of this section shall operate the control device 
in a manner consistent with the minimum and/or maximum operating 
parameter value or procedure required to be monitored under paragraphs 
(a) and (b) of this section. Operation of the control device in a 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; 
63 FR 44141, Aug. 18, 1998]



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

[[Page 712]]

25A is used, and the TOC mass flow rate calculated from the Method 25A 
measurement is greater than or equal to 33 kilograms per day for an 
existing source or 6.8 kilograms per day for a new source, Method 18 may 
be used to determine any non-VOC hydrocarbons that may be deducted to 
calculate the TOC (minus non-VOC hydrocarbons) concentration and mass 
flow rate. The following procedures shall be used to calculate parts per 
million by volume concentration:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15-minute intervals during the run.
    (ii) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation if Method 18 is used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.000

where:
CTOC=Concentration of TOC (minus methane and ethane), dry 
basis, parts per million by volume.
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, 5.986  x  10-5 (parts per million) 
          -1 (gram-mole per standard cubic meter) (kilogram 
          per gram) (minute per day), 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: -

ETOC=K2CTOCMQs
where:

ETOC=Emission rate of TOC (minus methane and ethane) in the 
          sample, kilograms per day.
K2=Constant, 5.986 x 10-5 (parts per million) 
          -1 (gram-mole per standard cubic meter) (kilogram 
          per gram)(minute per day), 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.
M=Molecular weight of organic compound used to express units of 
          CTOC, gram per gram-mole.
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

[[Page 713]]

physical or chemical laws or properties. Examples of analytical methods 
include, but are not limited to:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC concentrations;
    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities; and
    (C) Estimation of TOC concentrations based on saturation conditions.
    (v) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (h) The owner or operator of a Group 2 process vent shall 
recalculate the TOC emission rate for each process vent, as necessary, 
whenever process changes are made to determine whether the vent is in 
Group 1 or Group 2. Examples of process changes include, but are not 
limited to, changes in production capacity, production rate, or catalyst 
type, or whenever there is replacement, removal, or addition of recovery 
equipment. For purposes of this paragraph, process changes do not 
include: process upsets; unintentional, temporary process changes; and 
changes that are within the range on which the original calculation was 
based.
    (1) The TOC emission rate shall be recalculated based on 
measurements of vent stream flow rate and TOC as specified in paragraphs 
(e) and (f) of this 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; 
63 FR 44141, Aug. 18, 1998]



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.

[[Page 714]]

    (7) All references to Sec. 63.126(b)(1) of subpart G shall be 
replaced with Sec. 63.422(b) of subpart R of this part.
    (8) All references to Sec. 63.128(a) of subpart G shall be replaced 
with Sec. 63.425, paragraphs (a) through (c) and (e) through (h) of 
subpart R of this part.
    (9) All references to Sec. 63.139(d)(1) in Sec. 63.120(d)(1)(ii) of 
subpart G are not applicable. For sources subject to this subpart, such 
references shall mean that 40 CFR 61.355 is applicable.
    (10) All references to Sec. 63.139(c) in Sec. 63.120(d)(1)(ii) of 
subpart G are not applicable. For sources subject to this subpart, such 
references shall mean that Sec. 63.647 of this subpart is applicable.
    (e) When complying with the inspection requirements of Sec. 63.120 
of subpart G of this part, owners and operators of storage vessels at 
existing sources subject to this subpart are not required to comply with 
the provisions for gaskets, slotted membranes, and sleeve seals.
    (f) The following paragraphs (f)(1), (f)(2), and (f)(3) of this 
section apply to Group 1 storage vessels at existing sources:
    (1) If a cover or lid is installed on an opening on a floating roof, 
the cover or lid shall remain closed except when the cover or lid must 
be open for access.
    (2) Rim space vents are to be set to open only when the floating 
roof is not floating or when the pressure beneath the rim seal exceeds 
the manufacturer's recommended setting.
    (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.

[[Page 715]]



Sec. 63.648  Equipment leak standards.

    (a) Each owner or operator of an existing source subject to the 
provisions of this subpart shall comply with the provisions of 40 CFR 
part 60 subpart VV and paragraph (b) of this section except as provided 
in paragraphs (a)(1), (a)(2), and (c) through (i) of this section. Each 
owner or operator of a new source subject to the provisions of this 
subpart shall comply with subpart H of this part except as provided in 
paragraphs (c) through (i) of this section.
    (1) For purposes of compliance with this section, the provisions of 
40 CFR part 60, subpart VV apply only to equipment in organic HAP 
service, as defined in Sec. 63.641 of this subpart.
    (2) Calculation of percentage leaking equipment components for 
subpart VV of 40 CFR part 60 may be done on a process unit basis or a 
sourcewide basis. Once the owner or operator has decided, all subsequent 
calculations shall be on the same basis unless a permit change is made.
    (b) The use of monitoring data generated before August 18, 1995 to 
qualify for less frequent monitoring of valves and pumps as provided 
under 40 CFR part 60 subpart VV or subpart H of this part and paragraph 
(c) of this section (i.e., quarterly or semiannually) is governed by the 
requirements of paragraphs (b)(1) and (b)(2) of this section.
    (1) Monitoring data must meet the test methods and procedures 
specified in Sec. 60.485(b) of 40 CFR part 60, subpart VV or 
Sec. 63.180(b)(1) through (b)(5) of subpart H of this part except for 
minor departures.
    (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

[[Page 716]]

that achieve less than 10 percent of light liquid pumps leaking or three 
light liquid pumps leaking, whichever is greater, shall monitor light 
liquid pumps monthly.
    (7) Owners or operators that achieve less than 3 percent of light 
liquid pumps leaking or one light liquid pump leaking, whichever is 
greater, shall monitor light liquid pumps quarterly.
    (8) An owner or operator may make the election described in 
paragraphs (c)(3) and (c)(4) of this section at any time except that any 
election to change after the initial election shall be treated as a 
permit modification according to the terms of part 70 of this chapter.
    (9) When complying with the requirements of Sec. 63.168(e)(3)(i), 
non-repairable valves shall be included in the calculation of percent 
leaking valves the first time the valve is identified as leaking and 
non-repairable. Otherwise, a number of non-repairable valves up to a 
maximum of 1 percent per year of the total number of valves in organic 
HAP service up to a maximum of 3 percent may be excluded from 
calculation of percent leaking valves for subsequent monitoring periods. 
When the number of non-repairable valves exceeds 3 percent of the total 
number of valves in organic HAP service, the number of non-repairable 
valves exceeding 3 percent of the total number shall be included in the 
calculation of percent leaking valves.
    (10) If in phase III of the valve standard any valve is designated 
as being 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 and agitators 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.

[[Page 717]]

    (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; 
63 FR 44141, Aug. 18, 1998]



Sec. 63.649  Alternative means of emission limitation: Connectors in gas/vapor service and light liquid service.

    (a) If an owner or operator elects to monitor valves according to 
the provisions of Sec. 63.648(c)(2)(ii), the owner or operator shall 
implement one of the connector monitoring programs specified in 
paragraphs (b), (c), or (d) of this section.
    (b) Random 200 connector alternative. The owner or operator shall 
implement a random sampling program for accessible connectors of 2.0 
inches nominal diameter or greater. The program does not apply to 
inaccessible or unsafe-to-monitor connectors, as defined in Sec. 63.174 
of subpart H. The sampling program shall be implemented source-wide.
    (1) Within the first 12 months after the phase III compliance date 
specified in Sec. 63.640(h), a sample of 200 connectors shall be 
randomly selected and monitored using Method 21 of 40 CFR part 60, 
appendix A.
    (2) The instrument reading that defines a leak is 1,000 parts per 
million.
    (3) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected except as provided in paragraph (e) of this section. A first 
attempt at repair shall be made no later than 5 calendar days after the 
leak is detected.
    (4) If a leak is detected, the connector shall be monitored for 
leaks within the first 3 months after its repair.
    (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

[[Page 718]]

service shall be inspected for indications of leaks within the first 3 
months after repair. A leak is detected if liquids are observed to be 
dripping at a rate greater than three drops per minute.
    (5) After conducting the initial survey required in paragraphs 
(c)(1) and (c)(2) of this section, the owner or operator shall conduct 
subsequent monitoring at the frequencies specified in paragraphs 
(c)(5)(i) through (c)(5)(iii) of this section.
    (i) If the percentage leaking connectors is 2.0 percent or greater, 
the owner or operator shall monitor or inspect, as applicable, the 
connectors once per year.
    (ii) If the percentage leaking connectors is 1.0 percent or greater 
but less than 2.0 percent, the owner or operator shall monitor or 
inspect, as applicable, the connectors once every 2 years.
    (iii) If the percentage leaking connectors is less than 1.0 percent, 
the owner or operator shall monitor or inspect, as applicable, the 
connectors once every 4 years.
    (6) The percentage leaking connectors shall be calculated for 
connectors in gas/vapor service and for connectors in light liquid 
service. The data for the two groups of connectors shall not be pooled 
for the purpose of determining the percentage leaking connectors.
    (i) The percentage leaking connectors shall be calculated as 
follows:

% CL=[(CL-CAN)/
Ct+Cc)] x 100

where:
% CL=Percentage leaking connectors.
CL=Number of connectors including nonrepairables, measured at 
1,000 parts per million or greater, by Method 21 of 40 CFR part 60, 
Appendix A.
CAN=Number of allowable nonrepairable connectors, as 
determined by monitoring, not to exceed 3 percent 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.

[[Page 719]]

    (f) Any connector that is designated as an unsafe-to-repair 
connector is exempt from the requirements of paragraphs (b)(3) and 
(b)(4), (c)(3) and (c)(4), or (d) of this section if:
    (1) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (b)(3) and (b)(4), (c)(3) and (c)(4), of this section; or
    (2) The connector will be repaired before the end of the next 
scheduled process unit shutdown.
    (g) The owner or operator shall maintain records to document that 
the connector monitoring or inspections have been conducted as required 
and to document repair of leaking connectors as applicable.



Sec. 63.650  Gasoline loading rack provisions.

    (a) Except as provided in paragraphs (b) through (c) of this 
section, each owner or operator of a gasoline loading rack classified 
under Standard Industrial Classification code 2911 located within a 
contiguous area and under common control with a petroleum refinery shall 
comply with subpart R, Secs. 63.421, 63.422 (a) through (c), 63.425 (a) 
through (c), 63.425 (e) through (h), 63.427 (a) and (b), and 63.428 (b), 
(c), (g)(1), and (h)(1) through (h)(3).
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in subpart A or in 40 CFR part 63, 
subpart R. The Sec. 63.641 definition of ``affected source'' applies 
under this section.
    (c) Gasoline loading racks regulated under this subpart are subject 
to the compliance dates specified in Sec. 63.640(h).

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996]



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

[[Page 720]]

higher nominal efficiency than the reference control technology. 
Information on the nominal efficiencies for such technologies must be 
submitted and approved as provided in paragraph (i) of this section; and
    (3) Emission points from which emissions are reduced by pollution 
prevention measures. Percentages of reduction for pollution prevention 
measures shall be determined as specified in paragraph (j) of this 
section.
    (i) For a Group 1 emission point, the pollution prevention measure 
must reduce emissions more than the reference control technology would 
have had the reference control technology been applied to the emission 
point instead of the pollution prevention measure except as provided in 
paragraph (c)(3)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 emission point, the pollution prevention 
measure alone does not have to reduce emissions more than the reference 
control technology, but the combination of the pollution prevention 
measure and other controls must reduce emissions more than the reference 
control technology would have had it been applied instead.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990 unless the level of control is increased after November 15, 1990, 
in which case credit will be allowed only for the increase in control 
after November 15, 1990;
    (2) Group 1 emission points that are controlled by a reference 
control technology unless the reference control technology has been 
approved for use in a different manner and a higher nominal efficiency 
has been assigned 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)

[[Page 721]]

of this section are greater than or equal to debits calculated for the 
same annual compliance period according to paragraph (g) of this 
section.
    (i) The initial demonstration in the Implementation Plan that 
credit-generating emission points will be capable of generating 
sufficient credits to offset the debits from the debit-generating 
emission points must be made under representative operating conditions.
    (ii) After the compliance date, actual operating data will be used 
for all debit and credit calculations.
    (4) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (g) of this section are not more than 1.30 
times the credits for the same period calculated according to paragraph 
(h) of this section. Compliance for the quarter shall be determined 
based on the ratio of credits and debits from that quarter, with 30 
percent more debits than credits allowed on a quarterly basis.
    (5) Record and report quarterly and annual credits and debits in the 
Periodic Reports as specified in Sec. 63.654(g)(8). Every fourth 
Periodic Report shall include a certification of compliance with the 
emissions averaging provisions as required by Sec. 63.654(g)(8)(iii).
    (f) Debits and credits shall be calculated in accordance with the 
methods and procedures specified in paragraphs (g) and (h) of this 
section, respectively, and shall not include emissions from the 
following:
    (1) More than 20 individual emission points. Where pollution 
prevention measures (as specified in paragraph (j)(1) of this section) 
are used to control emission points to be included in an emissions 
average, no more than 25 emission points may be included in the average. 
For example, if two emission 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

[[Page 722]]

calculated according to paragraph (g)(2) of this section.
(0.02) EPViu=Emissions from each Group 1 miscellaneous 
process vent i if the reference control technology had been applied to 
the uncontrolled emissions, calculated according to paragraph (g)(2) of 
this section.
ESiACTUAL=Emissions from each Group 1 storage vessel i that 
is uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(3) of this section.
(0.05) ESiu=Emissions from each Group 1 storage vessel i if 
the reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (g)(3) of this section.
EGLRiACTUAL=Emissions from each Group 1 gasoline loading rack 
i that is uncontrolled or is controlled to a level less stringent than 
the reference control technology. This is calculated according to 
paragraph (g)(4) of this section.
EGLRic=Emissions from each Group 1 gasoline loading rack i if 
the reference control technology had been applied to the uncontrolled 
emissions. This is calculated according to paragraph (g)(4) of this 
section.
EMVACTUAL=Emissions from each Group 1 marine tank vessel i 
that is uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(5) of this section.
(0.03) EMViu=Emissions from each Group 1 marine tank vessel i 
if the reference control technology had been applied to the uncontrolled 
emissions calculated according to paragraph (g)(5) of this section.
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

[[Page 723]]

from the time of the change forward, and the new values shall be 
reported in the next Periodic Report.
    (iii) The following procedures and equations shall be used to 
calculate EPViACTUAL:
    (A) If the vent is not controlled by a control device or pollution 
prevention measure, EPViACTUAL = EPViu, where 
EPViu is calculated according to the procedures in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the vent is controlled using a control device or a pollution 
prevention measure achieving less than 98-percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.004

    (1) The percent reduction shall be measured according to the 
procedures in Sec. 63.116 of subpart G if a combustion control device is 
used. For a flare meeting the criteria in Sec. 63.116(a) of subpart G, 
or a boiler or process heater meeting the criteria in Sec. 63.645(d) of 
this subpart or Sec. 63.116(b) of subpart G, the percentage of reduction 
shall be 98 percent. If a noncombustion control device is used, 
percentage of reduction shall be demonstrated by a performance test at 
the inlet and outlet of the device, or, if testing is not feasible, by 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.

[[Page 724]]

n=Number of organic HAP's transferred at the gasoline loading rack.
    (iii) The following equation shall be used for each gasoline loading 
rack i to calculate the weighted average rack molecular weight:
[GRAPHIC] [TIFF OMITTED] TR18AU95.008

where:
Mj=Molecular weight of individual organic HAP transferred at 
the rack, gram per gram-mole.
G, Gj, and n are as defined in paragraph (g)(4)(ii) of this 
section.

(iv) The following equation shall be used for each gasoline loading rack 
i to calculate the monthly weighted rack bulk liquid loading 
temperature:
[GRAPHIC] [TIFF OMITTED] TR18AU95.009

Tj=Average annual bulk temperature of individual organic HAP 
loaded at the gasoline loading rack, kelvin (degrees Celsius 
deg.C+273).
G, Gj, and n are as defined in paragraph (g)(4)(ii) of this 
section.

    (v) The following equation shall be used to calculate 
EGLRic:
[GRAPHIC] [TIFF OMITTED] TR18AU95.010

    G is as defined in paragraph (g)(4)(ii) of this section.
    (vi) The following procedures and equations shall be used to 
calculate EGLRiACTUAL:
    (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] TR18AU95.011

    (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.

[[Page 725]]

    (ii) The following procedures and equations shall be used to 
calculate EMViACTUAL:
    (A) If the marine tank vessel is not controlled, 
EMViACTUAL=EMViu, where EMViu is 
calculated using the equations specified in paragraph (g)(5)(i) of this 
section.
    (B) If the marine tank vessel is controlled using a control device 
or a pollution prevention measure achieving less than 97-percent 
reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.013

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec. 63.565(c) 
of subpart Y. If testing is not feasible, the percentage of reduction 
shall be determined through a design evaluation according to the 
procedures specified in Sec. 63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from a Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required by this subpart or any other State or Federal 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.

[[Page 726]]

(0.02) EPV1iu=Emissions from each Group 1 miscellaneous 
process vent i if the reference control technology had been applied to 
the uncontrolled emissions. EPV1iu is calculated according to 
paragraph (h)(2) of this section.
EPV2iBASE=Emissions from each Group 2 miscellaneous process 
vent; at the baseline date, as calculated in paragraph (h)(2) of this 
section.
EPV2iACTUAL=Emissions from each Group 2 miscellaneous process 
vent that is controlled, calculated according to paragraph (h)(2) of 
this section.
ES1iACTUAL=Emissions from each Group 1 storage vessel i that 
is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(3) of this section.
(0.05) ES1iu=Emissions from each Group 1 storage vessel i if 
the reference control technology had been applied to the uncontrolled 
emissions. ES1iu is calculated according to paragraph (h)(3) 
of this section.
ES2iACTUAL=Emissions from each Group 2 storage vessel i that 
is controlled, calculated according to paragraph (h)(3) of this section.
ES2iBASE=Emissions from each Group 2 storage vessel i at the 
baseline date, as calculated in paragraph (h)(3) of this section.
EGLR1iACTUAL=Emissions from each Group 1 gasoline loading 
rack i that is controlled to a level more stringent than the reference 
control technology, calculated according to paragraph (h)(4) of this 
section.
EGLRic=Emissions from each Group 1 gasoline loading rack i if 
the reference control technology had been 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

[[Page 727]]

the reference control technology, unless a higher nominal efficiency is 
assigned as specified in paragraph (h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent than 
the reference control technology, the nominal efficiency for calculating 
credits shall be assigned as described in paragraph (i) of this section. 
A reference control technology may be approved for use in a different 
manner and assigned a higher nominal efficiency according to the 
procedures in paragraph (i) of this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be 
determined as described in paragraph (j) of this section.
    (2) Emissions from process vents shall be determined as follows:
    (i) Uncontrolled emissions from miscellaneous process vents, 
EPV1iu, shall be calculated according to the procedures and 
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section.
    (ii) Actual emissions from miscellaneous process vents controlled 
using a technology with an approved nominal efficiency greater than 98 
percent or a pollution prevention measure achieving greater than 98 
percent emission reduction, EPV1iACTUAL, shall be calculated 
according to the following equation:
[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,

[[Page 728]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.017

    (iv) Emissions from Group 2 process vents at baseline, 
EPV2iBASE, shall be calculated as follows:
    (A) If the process vent was uncontrolled on November 15, 1990, 
EPV2iBASE=EPV2iu, and shall be calculated 
according to the procedures and equation for EPViu in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the process vent was controlled on November 15, 1990,
    [GRAPHIC] [TIFF OMITTED] TR18AU95.018
    

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

[[Page 729]]

emissions are greater than the 10 milligrams of TOC per liter of 
gasoline loaded requirement,
[GRAPHIC] [TIFF OMITTED] TR18AU95.020

    (1) EGLR2iu shall be calculated according to the 
equations and procedures for EGLRiu in paragraphs (g)(4)(i) 
through (g)(4)(iv) of this section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(4)(vi)(B)(1) and (g)(4)(vi)(B)(2) of this 
section.
    (B) For a Group 2 gasoline loading rack controlled by using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than a 98-percent 
reduction,
[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


[[Page 730]]


    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 marine tank vessels, EMV2iACTUAL:
    (A) For a Group 2 marine tank vessel controlled by a control device 
or a pollution prevention measure achieving a percentage of reduction 
less than or equal to 97 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.024

    (1) EMV2iu shall be calculated according to the equations 
and procedures for EMViu in paragraph (g)(5)(i) of this 
section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(5)(ii)(B)(1) and (g)(5)(ii)(B)(2) of this 
section.
    (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.

[[Page 731]]

    (ii) The following equation shall be used for each wastewater stream 
i to calculate EWWic:
[GRAPHIC] [TIFF OMITTED] TR18AU95.027

where:

EWWic = Monthly wastewater stream emission rate if wastewater 
stream i were controlled by the reference control technology, megagrams 
per month.
Qi = Average flow rate for wastewater stream i, liters per 
minute.
Hi = Number of hours during the month that wastewater stream 
i was generated, hours per month.
Frm=Fraction removed of organic HAP m in wastewater, from 
table 7 of this subpart, dimensionless.
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:

[[Page 732]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.028

Where:

EWWiACTUAL=Monthly wastewater stream emission rate if 
wastewater stream i is treated to a level more stringent than the 
reference control technology, megagrams per month.
PRim=The efficiency of the treatment process, or series of 
treatment processes, that treat wastewater stream i in reducing the 
emission potential of organic HAP m in wastewater, dimensionless, as 
calculated by:
[GRAPHIC] [TIFF OMITTED] TR18AU95.029

Where:

HAPim-in=Average concentration of organic HAP m, parts per 
million by weight, as defined and determined according to paragraph 
(h)(6)(ii)(A) of this section, in the wastewater 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

[[Page 733]]

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:
[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

[[Page 734]]

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.
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

[[Page 735]]

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 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

[[Page 736]]

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.
[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.

[[Page 737]]

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:
[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

[[Page 738]]

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 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

[[Page 739]]

Sec. Sec. 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.
    (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 to the Administrator 
and approved prior to implementing emissions averaging. This information 
may be submitted in an operating permit application, in an amendment to 
an operating permit application, in a separate submittal, in a 
Notification of Compliance Status Report, in a Periodic Report or in any 
combination of these documents. 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

[[Page 740]]

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 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; 
63 FR 31361, June 9, 1998]



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 unless they are 
complying with the wastewater provisions specified in paragraph 
(o)(2)(ii) of Sec. 63.640. There are

[[Page 741]]

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.
    (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 except as 
specified in paragraph (d)(1)(i) of this section; or Secs. 63.181 and 
63.182 of subpart H of this part except for Secs. 63.182(b), (c)(2), and 
(c)(4).
    (i) The signature of the owner or operator (or designate) whose 
decision it was that a repair could not be effected without a process 
shutdown is not required to be recorded. Instead, the name of the person 
whose decision it was that a repair could not be effected without a 
process shutdown shall be recorded and retained for 2 years.
    (ii) [Reserved]
    (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) with the exception of 
Notification of Compliance Status reports submitted to comply with 
Sec. 63.640(l)(3) and for storage vessels subject to the compliance 
schedule specified in Sec. 63.640(h)(4). Notification of Compliance 
Status reports

[[Page 742]]

required by Sec. 63.640(l)(3) and for storage vessels subject to the 
compliance dates specified in Sec. 63.640(h)(4) shall be submitted 
according to paragraph (f)(6) of this section. 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. 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 subject to the standards of this subpart shall submit 
the Notification of Compliance Status report required by subpart R of 
this part within 150 days after the compliance dates specified in 
Sec. 63.640(h) of this subpart.
    (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, 
and for each Group 1 storage vessel subject to this subpart, the 
information specified in paragraphs (f)(1)(i)(A)(1) through 
(f)(1)(i)(A)(3) of this section. This information is to be revised each 
time a Notification of Compliance Status report is submitted for a 
storage vessel subject to the compliance schedule specified in 
Sec. 63.640(h)(4) or to comply with Sec. 63.640(l)(3).
    (1) For each Group 1 storage vessel complying with Sec. 63.646 that 
is not included in an emissions average, the method of compliance (i.e., 
internal floating roof, external floating roof, or closed vent system 
and control device).
    (2) For storage vessels subject to the compliance schedule specified 
in Sec. 63.640(h)(4) that are not complying with Sec. 63.646, the 
anticipated compliance date.
    (3) For storage vessels subject to the compliance schedule specified 
in Sec. 63.640(h)(4) that are complying with Sec. 63.646 and the Group 1 
storage vessels described in Sec. 63.640(l), the actual compliance date.
    (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 
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

[[Page 743]]

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 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

[[Page 744]]

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.
    (6) Notification of Compliance Status reports required by 
Sec. 63.640(l)(3) and for storage vessels subject to the compliance 
dates specified in Sec. 63.640(h)(4) shall be submitted no later than 60 
days after the end of the 6-month period during which the change or 
addition was made that resulted in the Group 1 emission point or the 
existing Group 1 storage vessel was brought into compliance, and may be 
combined with the periodic report. Six-month periods shall be the same 
6-month periods specified in paragraph (g) of this section. The 
Notification of Compliance Status report shall include the information 
specified in paragraphs (f)(1) through (f)(5) of this section. This 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, in a separate submittal, 
as part of the periodic report, or in any combination of these four. If 
the required information has been submitted before the date 60 days 
after the end of the 6-month period in which the addition of the Group 1 
emission point took place, a separate Notification of Compliance Status 
report is not required within 60 days after the end of the 6-month 
period. 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.
    (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

[[Page 745]]

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 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

[[Page 746]]

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, 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

[[Page 747]]

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 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:

[[Page 748]]

    (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.
    (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).

[[Page 749]]

    (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.
    (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 in the initial 
Notification of Compliance Status report. 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.

[[Page 750]]

    (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 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; 
63 FR 44141, Aug. 18, 1998]



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

[[Page 751]]

 
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.


             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.

[[Page 752]]

 
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.


 Table 5.--Marine Vessel Loading and Unloading Operations Recordkeeping
                      and Reporting Requirements a
------------------------------------------------------------------------
    Reference (section of
   subpart Y of this part)         Description             Comment
------------------------------------------------------------------------
63.565(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.
63.565(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

[[Page 753]]

 
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
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 The
                                                    startup, shutdown,
                                                    and malfunction plan
                                                    specified in Sec.
                                                    63.6(e)(3) is not
                                                    required for
                                                    wastewater
                                                    operations that are
                                                    not subject to
                                                    subpart G of this
                                                    part.
  ............................                     Except that actions
                                                    taken during a
                                                    startup, shutdown,
                                                    or malfunction that
                                                    are not consistent
                                                    with the startup,
                                                    shutdown, and
                                                    malfunction plan do
                                                    not need to be
                                                    reported within 2
                                                    and 7 days of
                                                    commencing and
                                                    completing the
                                                    action,
                                                    respectively, but
                                                    must be included in
                                                    the next periodic
                                                    report.
63.6(f)(1)....................  Yes

[[Page 754]]

 
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
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                Except that
                                                    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 or other
                                                    written procedures
                                                    that provide
                                                    adequate assurance
                                                    that the equipment
                                                    would monitor
                                                    accurately.
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

[[Page 755]]

 
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.
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                Except that actions
                                                    taken during a
                                                    startup, shutdown,
                                                    or malfunction that
                                                    are not consistent
                                                    with the startup,
                                                    shutdown, and
                                                    malfunction plan do
                                                    not need to be
                                                    reported within 2
                                                    and 7 days of
                                                    commencing and
                                                    completing the
                                                    action,
                                                    respectively, but
                                                    must be included in
                                                    the next periodic
                                                    report.
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.


[[Page 756]]


  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              107062   1.00   0.64   0.99
 dichloride)............................
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.


          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
                                 )).

[[Page 757]]

 
                                                   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.
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; 63 FR 44142, 44143, Aug. 18, 1998]

[[Page 758]]



  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.
    (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 or 40 CFR 
part 61.
    (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 waste, used oil, or used solvent 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 waste, used oil, or used solvent 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.

[[Page 759]]

    (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 transferred from a chemical manufacturing plant or 
other facility for which both of the following conditions apply to the 
waste:
    (A) The management of the waste at the facility is required either 
under part 63 subpart F--National Emission Standards for Organic 
Hazardous Air Pollutants from the Synthetic Organic Chemical 
Manufacturing Industry or under another subpart in 40 CFR part 63 to 
meet the air emission control standards for process wastewater specified 
in 40 CFR 63.132 through 63.147; and
    (B) The owner or operator of the facility from which the waste is 
transferred has complied with the provisions of 40 CFR 63.132(g)(1)(ii) 
and (g)(2).
    (vi) Waste that is transferred from a chemical manufacturing plant, 
petroleum refinery, or coke by-product recovery plant which is subject 
to 40 CFR part 61, subpart FF--National Emission Standards for Benzene 
Waste Operations, and for which both of the following conditions apply 
to the waste:
    (A) The waste is generated at a facility that is not exempted under 
the provisions of 40 CFR 61.342(a) from meeting the air emission control 
standards of 40 CFR part 61, subpart FF; and
    (B) The owner or operator of the facility from which the waste is 
transferred has complied with the provisions of 40 CFR 61.342(f)(2).
    (vii) Ship ballast water pumped from a ship to an onshore wastewater 
treatment facility.
    (viii) Hazardous waste that is stored for 10 days or less at a 
transfer facility in compliance with the provisions of 40 CFR 263.12.
    (c) Affected sources. (1) Off-site material management units. For 
each operation specified in paragraphs (a)(2)(i) through (a)(2)(vi) of 
this section that is located at the plant site, the affected source is 
the entire group of off-site material management units associated with 
the operation. An off-site material management unit is a tank, 
container, surface impoundment, oil-water separator, organic-water 
separator, or transfer system used to manage off-site material. For the 
purpose of implementing the standards under this subpart, a unit that 
meets the definition of a tank or container but also is equipped with a 
vent that serves as a process vent for any of the processes listed in 
paragraphs (c)(2)(i) through (c)(2)(vi) of this section is not an off-
site material management unit but instead is a process vent and is to be 
included in the appropriate affected source group under paragraph (c)(2) 
of this section. Examples of such a unit may include, but are not 
limited to, a distillate receiver vessel, a primary condenser, a bottoms 
receiver vessel, a surge control tank, a separator tank, and a hot well.
    (2) Process vents. For each operation specified in paragraphs 
(a)(2)(i) through (a)(2)(vi) of this section that is located at the 
plant site, the affected source is the entire group of process equipment 
associated with the process vents for the processes listed in paragraphs 
(c)(2)(i) through (c)(2)(vi) of this section.
    (i) Distillation process used for the treatment, recycling, or 
recovery of off-site material. Distillation means a process, either 
batch or continuous, separating one or more off-site material feed 
streams into two or more exit streams having different component 
concentrations from those in the feed stream or streams. The separation 
is

[[Page 760]]

achieved by the redistribution of the components between the liquid and 
vapor phases as they approach equilibrium within the distillation unit.
    (ii) Fractionation process used for the treatment, recycling, or 
recovery of off-site material. Fractionation means a liquid mixture 
separation process or method used to separate a mixture of several 
volatile components of different boiling points in successive stages, 
each stage removing from the mixture some proportion of one of the 
components.
    (iii) Thin-film evaporation process used for the treatment, 
recycling, or recovery of off-site material. Thin-film evaporation means 
a liquid mixture separation process or method that uses a heating 
surface consisting of a large diameter tube that may be either straight 
or tapered, horizontal or vertical. Liquid is spread on the tube wall by 
a rotating assembly of blades that maintain a close clearance from the 
wall or actually ride on the film of liquid on the wall.
    (iv) Solvent extraction process used for the treatment, recycling, 
or recovery of off-site material. Solvent extraction means a separation 
process or method in which a solid or a solution is contacted with a 
liquid solvent (the material and the solvent being relatively insoluble 
in each other) to preferentially dissolve and transfer one or more 
components into the solvent.
    (v) Steam stripping process used for the treatment, recycling, or 
recovery of off-site material. Steam stripping means a liquid mixture 
separation process or method in which vaporization of the volatile 
components of a liquid mixture occurs by the introduction of steam 
directly into the process.
    (vi) Gas stripping process used for the treatment, recycling, or 
recovery of off-site material. Gas stripping means a desorption process 
or method used to transfer one or more volatile components from a liquid 
mixture into a gas stream either with or without the application of heat 
to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or 
valve-type plate towers are examples of the process configurations used 
for contacting the gas and a liquid.
    (3) Equipment leaks. For each operation specified in paragraphs 
(a)(2)(i) through (a)(2)(vi) of this section that is located at the 
plant site, the affected source is the entire group of equipment 
components for which each component meets all of the conditions 
specified in paragraphs (c)(3)(i) through (c)(3)(iii) of this section. 
If any one of these conditions do not apply to an equipment component, 
then that component is not part of the affected source for equipment 
leaks.
    (i) The equipment component is a pump, compressor, agitator, 
pressure relief device, sampling connection system, open-ended valve or 
line, valve, connector, or instrumentation system;
    (ii) The equipment component contains or contacts off-site material 
having a total HAP concentration equal to or greater than 10 percent by 
weight; and
    (iii) The equipment component is intended to operate for 300 hours 
or more during a calendar year in off-site material service, as defined 
in Sec. 63.681 of this subpart.
    (d) Facility-wide exemption. The owner or operator of affected 
sources subject to this subpart is 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. For a plant 
site to be exempted under the provisions of this paragraph (d), the 
owner or operator must meet the requirements in paragraphs (d)(1) 
through (d)(3) of this section.
    (1) The owner or operator must prepare an initial determination of 
the total annual HAP quantity in the off-site material received at the 
plant site. This determination is 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.
    (2) The owner or operator must prepare a new determination whenever 
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 received at the plant site

[[Page 761]]

to exceed the limit of 1 megagram per year.
    (3) The owner or operator must maintain documentation to support the 
owner's or operator's determination of the total annual HAP quantity in 
the off-site material received at the plant site. This documentation 
must include the basis and data used for determining the HAP content of 
the off-site material.
    (e) Compliance dates. (1) Existing sources. The owner or operator of 
an affected source that commenced construction or reconstruction before 
October 13, 1994, must achieve compliance with the provisions of this 
subpart on or before the date specified in paragraph (e)(1)(i) or 
(e)(1)(ii) of this section as applicable to the affected source.
    (i) For an affected source that commenced construction or 
reconstruction before October 13, 1994 and receives off-site material 
for the first time before February 1, 2000, the owner or operator of 
this affected source must achieve compliance with the provisions of the 
subpart on or before February 1, 2000 unless an extension has been 
granted by the Administrator as provided in 40 CFR 63.6(i).
    (ii) For an affected source that commenced construction or 
reconstruction before October 13, 1994, but receives off-site material 
for the first time on or after February 1, 2000, the owner or operator 
of the affected source must achieve compliance with the provisions of 
this subpart upon the first date that the affected source begins to 
manage off-site material.
    (2) New sources. The owner or operator of an affected source for 
which construction or reconstruction commences on or after October 13, 
1994, must achieve compliance with the provisions of this subpart on or 
before July 1, 1996, or upon initial startup of operations, whichever 
date is later as provided in 40 CFR 63.6(b).
    (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.

[61 FR 34158, July 1, 1996, as amended at 65 FR 38963, July 20, 1999]



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.
    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, removing, 
oxidizing, or destroying organic vapors. Examples of such equipment 
include but are not

[[Page 762]]

limited to carbon adsorbers, condensers, vapor incinerators, flares, 
boilers, and process heaters.
    Cover means a device or system that provides a continuous barrier 
over the material managed in a off-site material management unit to 
prevent or reduce air pollutant emissions to the atmosphere. A cover may 
have openings needed for operation, inspection, sampling, maintenance, 
and repair of the unit provided that each opening is closed when not in 
use (e.g., access hatches, sampling ports). 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.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow in a bypass line.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards and good engineering 
practices.
    Hazardous air pollutants or HAP means the specific organic chemical 
compounds, isomers, and mixtures listed in Table 1 of this subpart.
    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.
    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

[[Page 763]]

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 service means any time when a pump, compressor, 
agitator, pressure relief device, sampling connection system, open-ended 
valve or line, valve, connector, or instrumentation system contains or 
contacts 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 after the treated material exits 
the treatment process but before the first point downstream of the 
treatment process exit where the organic constituents in the treated 
material have the potential to volatilize and be released to the 
atmosphere. For the purpose of applying this definition to this subpart, 
the first point downstream of the treatment process exit is not a 
fugitive emission point due to an equipment leak from any of the 
following equipment components: pumps, compressors, valves, connectors, 
instrumentation systems, or safety devices.
    Process heater means an enclosed combustion device that transfers 
heat

[[Page 764]]

released by burning fuel directly to process streams or to heat transfer 
liquids other than water.
    Process vent means an open-ended pipe, stack, or duct through which 
a gas stream containing HAP is continuously or intermittently discharged 
to the atmosphere from any of the processes listed in 
Sec. 63.680(c)(2)(i) through (c)(2)(vi) of this section. For the purpose 
of this subpart, a process vent is none of the following: a pressure-
relief vent or other vent that is used as a safety device (as defined in 
this section); an open-ended line or other vent that is subject to the 
equipment leak control requirements under Sec. 63.691 of this subpart; 
or a stack or other vent that is 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 to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors 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 
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

[[Page 765]]

drain system, a gravity-operated conveyor (such as a chute), and a 
mechanically-powered conveyor (such as a belt or screw conveyor).
    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 mixture of aliphatic hydrocarbons or a mixture 
of one and two ring aromatic hydrocarbons that has been used as a 
solvent 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 those compounds listed in 
Table 1 of this subpart that are in an off-site material as measured 
using Method 305 in appendix A of this part and expressed in terms of 
parts per million (ppm). As an alternative to using Method 305, an owner 
or operator may determine the HAP concentration of an off-site material 
using any one of the other test methods specified in 
Sec. 63.694(b)(2)(ii) of this subpart. When a test method specified in 
Sec. 63.694(b)(2)(ii) of this subpart other than Method 305 is used to 
determine the speciated HAP concentration of an off-site material, the 
individual compound concentration may be adjusted by the corresponding 
fm305 value listed in Table 1 of this subpart to determine a 
VOHAP concentration.
    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. (As an 
alternative, an owner or operator may use any more recent, updated 
version of Method 9095 approved by the EPA.) 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.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38964, July 20, 1999]



Sec. 63.682  [Reserved]



Sec. 63.683  Standards: General.

    (a) The general standards under this section apply to owners and 
operators

[[Page 766]]

of affected sources as designated in Sec. 63.680(c) of this subpart.
    (b) Off-site material management units. (1) For each off-site 
material management unit that is part of an affected source, the owner 
or operator must meet the requirements in either paragraph (b)(1)(i), 
(b)(1)(ii), or (b)(1)(iii) of this section except for those off-site 
material management units exempted under paragraph (b)(2) of this 
section.
    (i) The owner or operator controls air emissions from the off-site 
material management unit in accordance with the applicable standards 
specified in Secs. 63.685 through 63.689 of this subpart.
    (ii) The owner or operator removes or destroys HAP in the off-site 
material before placing the material in the off-site material management 
unit by treating the material in accordance with the standards specified 
in Sec. 63.684 of this subpart.
    (iii) The owner or operator determines before placing off-site 
material in the off-site material management unit that the average VOHAP 
concentration of the off-site material is less than 500 parts per 
million by weight (ppmw) at the point-of-delivery. The owner or operator 
must perform an initial determination of the average VOHAP concentration 
of the off-site material using the procedures specified in 
Sec. 63.694(b) of this subpart. This initial determination must be 
performed either before the first time any portion of the off-site 
material stream is placed in the unit or by the compliance date, 
whichever date is later. Thereafter, the owner or operator must review 
and update, as necessary, this determination at least once every 
calendar year following the date of the initial determination for the 
off-site material stream.
    (2) An off-site material management unit is exempted from the 
requirements in paragraph (b)(1) of this section when the owner or 
operator meets one of the exemptions provided in paragraphs (b)(2)(i) 
through (b)(2)(iv) of this section as applicable to the unit.
    (i) An off-site material management unit is exempted from the 
requirements in paragraph (b)(1) of this section if the off-site 
material management unit is also subject to another subpart under 40 CFR 
part 63 or 40 CFR part 61, 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 
under part 61 or part 63.
    (ii) At the discretion of the owner or operator, one or a 
combination of off-site material management units may be exempted from 
the requirements in paragraph (b)(1) of this section when these units 
meet the condition that the total annual quantity of HAP contained in 
the off-site material placed in the units exempted under this paragraph 
(b)(2)(ii) is less than 1 megagram per year. For the off-site material 
management units selected by the owner or operator to be exempted from 
the requirements in paragraph (b)(1) of this section, the owner or 
operator must meet the requirements in paragraphs (b)(2)(ii)(A) and 
(b)(2)(ii)(B) of this section. An owner or operator may change the off-
site material management units selected to be exempted under this 
paragraph (b)(2)(ii) by preparing a new designation for the exempt-units 
as required by paragraph (b)(2)(ii)(A) of this section and performing a 
new determination as required by paragraph (b)(2)(ii)(B) of this 
section.
    (A) The owner or operator must designate each of the off-site 
material management units selected by the owner or operator to be exempt 
under paragraph (b)(2)(ii) of this section by either submitting to the 
Administrator a written notification identifying the exempt-units or 
permanently marking the exempt-units at the plant site. If an owner or 
operator chooses to prepare and submit a written notification, this 
notification must include a site plan, process diagram, or other 
appropriate documentation identifying each of the exempt-units. If an 
owner or operator chooses to permanently mark the exempt-units, each 
exempt-unit must be marked in such a manner that it can be readily 
identified as an exempt-unit from the other off-site material management 
units located at the plant site.
    (B) The owner or operator must prepare an initial determination of 
the total annual HAP quantity in the off-

[[Page 767]]

site material placed in the units exempted under this paragraph 
(b)(2)(ii). This determination is 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. The owner or operator 
must perform a new determination whenever 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. The owner or operator must maintain 
documentation to support the most recent determination of the total 
annual HAP quantity. This documentation must include the basis and data 
used for determining the HAP content of the off-site material.
    (iii) A tank or surface impoundment is exempted from the 
requirements in paragraph (b)(1) of this section if the unit is used for 
a biological treatment process that meets the requirements in either 
paragraph (b)(2)(iii)(A) or (b)(2)(iii)(B) of this section and the owner 
or operator complies with the monitoring requirements in 
Sec. 63.684(e)(4) of this subpart.
    (A) The HAP biodegradation efficiency (Rbio) for the 
biological treatment process is equal to or greater than 95 percent. The 
HAP biodegradation efficiency (Rbio) shall be determined in 
accordance with the requirements of Sec. 63.694(h) of this subpart.
    (B) The total actual HAP mass removal rate (MRbio) for 
the off-site material treated by the biological treatment process is 
equal to or greater than the required HAP mass removal rate (RMR) for 
the off-site material. The total actual HAP mass removal rate 
(MRbio) must be determined in accordance with the 
requirements of Sec. 63.694(i) of this subpart. The required HAP mass 
removal rate (RMR) must be determined in accordance with the 
requirements of Sec. 63.694(e) of this subpart.
    (iv) An off-site material management unit is exempted from the 
requirements in paragraph (b)(1) of this section if the off-site 
material placed in the unit is a hazardous waste that meets the 
conditions specified in either paragraph (b)(2)(iv)(A) or (b)(2)(iv)(B) 
of this section.
    (A) The hazardous waste meets the numerical organic concentration 
limits, applicable to the hazardous waste, as specified in 40 CFR part 
268--Land Disposal Restrictions, listed in the table, ``Treatment 
Standards for Hazardous Waste'' in 40 CFR 268.40.
    (B) The organic hazardous constituents in the hazardous waste have 
been treated by the treatment technology established by the EPA for the 
hazardous waste in 40 CFR 268.42(a), or have been removed or destroyed 
by an equivalent method of treatment approved by the EPA under 40 CFR 
268.42(b).
    (v) A tank used for bulk feed of off-site material to a waste 
incinerator is exempted from the requirements specified in paragraph 
(b)(1) of this section if the tank meets all of the conditions specified 
in paragraphs (b)(2)(v)(A) through (b)(2)(v)(C) of this section.
    (A) 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;
    (B) The enclosure and control device serving the tank were installed 
and began operation prior to July 1, 1996; and
    (C) 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 or electrical equipment; or to direct air flow into the 
enclosure. The owner or operator must annually 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.''
    (c) Process vents. (1) For each process vent that is part of an 
affected source, the owner or operator must meet the

[[Page 768]]

requirements in either paragraph (c)(1)(i) or (c)(1)(ii) of this section 
except for those process vents exempted under paragraph (c)(2) of this 
section.
    (i) The owner or operator controls air emissions from the process 
vent in accordance with the standards specified in Sec. 63.690 of this 
subpart.
    (ii) The owner or operator determines before placing off-site 
material in the process equipment associated with the process vent that 
the average VOHAP concentration of the off-site material is less than 
ppmw at the point-of-delivery. The owner or operator must perform an 
initial determination of the average VOHAP concentration of the off-site 
material using the procedures specified in Sec. 63.694(b) of this 
subpart before any portion of the off-site material stream is placed in 
the unit. Thereafter, the owner or operator must review and update, as 
necessary, this determination at least once every calendar year 
following the date of the initial determination for the off-site 
material stream.
    (2) A process vent is exempted from the requirements of paragraph 
(c)(1) of this section when the owner or operator meets one of the 
exemptions provided in paragraphs (c)(2)(i) through (c)(2)(iii) of this 
section.
    (i) A process vent is exempted from the requirements in paragraph 
(c)(1) of this section if the process vent is also subject to another 
subpart under part 63 or 40 CFR part 61, and the owner or operator is 
controlling the HAP listed in Table 1 of this subpart that are emitted 
from the process vent in compliance with the provisions specified in the 
other applicable subpart under part 61 or part 63.
    (ii) A process vent is exempted from the requirements specified in 
paragraph (c)(1) of this section if the owner or operator determines 
that the process vent stream flow rate is less than 0.005 cubic meters 
per minute (m3/min) at standard conditions (as defined in 40 
CFR 63.2). The process vent stream flow rate shall be determined in 
accordance with the procedures specified in Sec. 63.694(m) of this 
subpart. Documentation must be prepared by the owner or operator and 
maintained at the plant site to support the determination of the process 
vent stream flow rate. This documentation must include identification of 
each process vent exempted under this paragraph and the test results 
used to determine the process vent stream flow rate.
    (iii) A process vent is exempted from the requirements specified in 
paragraph (c)(1) of this section if the owner or operator determines 
that the process vent stream flow rate is less than 6.0 m\3\/min at 
standard conditions (as defined in 40 CFR 63.2) and the total HAP 
concentration is less than 20 ppmv. The process vent stream flow rate 
and total HAP concentration shall be determined in accordance with the 
procedures specified in Sec. 63.694(m) of this subpart. Documentation 
must be prepared by the owner or operator and maintained at the plant 
site to support the determination of the process vent stream flow rate 
and total HAP concentration. This documentation must include 
identification of each process vent exempted under this paragraph 
(c)(2)(iii) and the test results used to determine the process vent 
stream flow rate and total HAP concentration. The owner or operator must 
perform a new determination of the process vent stream flow rate and 
total HAP concentration when the extent of changes to operation of the 
unit on which the process vent is used could cause either the process 
vent stream flow rate to exceed the limit of 6.0 m3/min or 
the total HAP concentration to exceed the limit of 20 ppmv.
    (d) Equipment leaks. The owner or operator must control equipment 
leaks from each equipment component that is part of the affected source 
specified in Sec. 63.680(c)(3) of this subpart by implementing leak 
detection and control measures in accordance with the standards 
specified in Sec. 63.691 of this subpart.

[64 FR 38965, July 20, 1999]



Sec. 63.684  Standards: Off-site material treatment.

    (a) The provisions of this section apply to the treatment of off-
site material to remove or destroy HAP for which Sec. 63.683(b)(1)(ii) 
of this subpart references the requirements of this section for such 
treatment.
    (b) The owner or operator shall remove or destroy the HAP contained 
in

[[Page 769]]

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 or more of the performance levels specified in 
paragraphs (b)(1) through (b)(5) of this section (as applicable to the 
type of treatment process) 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 off-site material streams entering the 
treatment process are a mixture of off-site material streams having an 
average VOHAP concentration equal to or greater than 500 ppmw at the 
point-of-delivery with 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 must be reduced to a level 
at the point-of-treatment that meets the performance level specified in 
either paragraph (b)(1)(ii)(A) or (b)(1)(ii)(B) of this section.
    (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. For any treatment process except a 
treatment process that uses biological degradation and is performed in 
an open tank or surface impoundment, the treatment process must achieve 
the applicable performance level specified in either paragraph (b)(3)(i) 
or (b)(3)(ii) of this section.
    (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 performed in an open tank or surface 
impoundment. A treatment process using biological degradation and 
performed in an open tank or surface impoundment must achieve the 
performance level specified in either paragraph (b)(4)(i) or (b)(4)(ii) 
of this section.
    (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

[[Page 770]]

treatment 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 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 treatment process must destroy the HAP 
contained in the off-site material stream using one of the combustion 
devices specified in paragraphs (b)(5)(i) through (b)(5)(iv) of this 
section.
    (i) An incinerator for which the owner or operator has 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 part 264, subpart 
O--Incinerators, or
    (ii) An incinerator for which the owner or operator has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O--Incinerators.
    (iii) A boiler or industrial furnace for which the owner or operator 
has 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.
    (iv) A boiler or industrial furnace for which the owner or operator 
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 either Sec. 63.683(b)(1)(ii) or 
Sec. 63.683(b)(2)(ii) of this subpart as applicable to the affected off-
site material management unit or process equipment. Thereafter, the 
owner or operator shall review and update, as necessary, this 
demonstration at least once every calendar year 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 by complying with paragraphs (e)(1) through 
(e)(3) or, for biological treatment units, paragraph (e)(4) of this 
section:
    (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

[[Page 771]]

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 or other 
written procedures that provide reasonable assurance that the monitoring 
equipment is operating properly. 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 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.
    (4) When the treatment process is a biological treatment process 
that is complying with paragraph (b)(4) of this section, the owner or 
operator must establish and implement a written procedure to monitor the 
appropriate parameters that demonstrate proper operation of the 
biological treatment unit in accordance with the evaluation required in 
Sec. 63.694(h) of this subpart. The written procedure must list the 
operating parameters that will be monitored and state the frequency of 
monitoring to ensure that the biological treatment unit is operating 
between the minimum operating parameter values and maximum operating 
parameter values to establish that the biological treatment unit is 
continuously achieving the performance requirement.
    (f) The owner or operator must maintain records for each treatment 
process in accordance with the requirements of Sec. 63.696(a) of this 
subpart.
    (g) The owner or operator must prepare and submit reports for each 
treatment process in accordance with the requirements of Sec. 63.697(a) 
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.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38967, July 20, 1999]



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 HAP vapor 
pressure kilopascal (kPa) 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

[[Page 772]]

to manage off-site material having a maximum HAP 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 HAP 
vapor pressure that is equal to or greater than 76.6 kPa, the owner or 
operator must control air emissions by using one of the tanks specified 
in paragraphs (b)(4)(i) through (b)(4)(iii) of this section.
    (i) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (ii) A pressure tank designed and operated in accordance with the 
requirements specified in paragraph (h) of this section; or
    (iii) 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.
    (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 must control air emissions from the tank 
in accordance with the requirements in either paragraph (c)(2)(i), 
(c)(2)(ii), or (c)(2)(iii) of this section, as applicable to the tank.
    (i) The owner or operator controls air emissions from the tank in 
accordance with the provisions specified in subpart 00 of 40 CFR part 
63--National Emission Standards for Tanks--Level 1.
    (ii) As an alternative to meeting the requirements in paragraph 
(c)(2)(i) of this section, an owner or operator may control air 
emissions from the tank in accordance with the provisions for Tank Level 
2 controls as specified in paragraph (d) of this section.
    (iii) As an alternative to meeting the requirements in paragraph 
(c)(2)(i) of this section when a tank is used as an interim transfer 
point to transfer off-site material from containers to another off-site 
material management unit, an owner or operator may control air emissions 
from the tank in accordance with the requirements in paragraphs 
(c)(2)(iii)(A) and (c)(2)(iii)(B) of this section. An example of such a 
tank is an in-ground tank into which organic-contaminated debris is 
dumped from roll-off boxes or dump trucks, and then this debris is 
promptly transferred from the tank to a macroencapsulation unit by a 
backhoe.
    (A) During those periods of time when the material transfer activity 
is occurring, the tank may be operated without a cover.
    (B) At all other times, air emissions from the tank must be 
controlled in accordance with the provisions specified in 40 CFR part 
67, subpart 00--National

[[Page 773]]

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:
    (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.

[[Page 774]]

    (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 (cm2) 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 
(24 inches) 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:
    (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

[[Page 775]]

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 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 the tank.
    (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 be equipped with closure devices 
designed to operate with no detectable organic

[[Page 776]]

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 
under either of the following conditions as specified in paragraph 
(h)(3)(i) or (h)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in 
Sec. 63.681 of this subpart, is required to avoid an unsafe condition.
    (ii) At those times when purging of inerts from the tank is required 
and the purge stream is routed to a closed-vent system and control 
device designed and operated in accordance with the requirements of 
Sec. 63.693 of this subpart.
    (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)(3) 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.
    (3) 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.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38968, July 20, 1999]



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 each 
separator subject to this section by using 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.
    (3) A pressurized separator that operates as a closed system in 
accordance with all applicable provisions specified in 40 CFR part 63, 
subpart VV--National Emission Standards for Oil-Water Separators and 
Organic-Water Separators.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999]



Sec. 63.687  Standards: Surface impoundments.

    (a) The provisions of this section apply to the control of air 
emissions from surface impoundments 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 
surface

[[Page 777]]

impoundment subject to this section by using one of the following:
    (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.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999]



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 m\3\ 
and less than or equal to 0.46 m\3\, the owner or operator must control 
air emissions from the container in accordance with the requirements in 
either paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (i) The owner or operator controls air emissions from the container 
in accordance with the standards for Container Level 1 controls as 
specified in 40 CFR part 63, subpart PP--National Emission Standards for 
Containers.
    (ii) As an alternative to meeting the requirements in paragraph 
(b)(1)(i) of this section, an owner or operator may choose to control 
air emissions from the container in accordance with the standards for 
either Container Level 2 controls or Container Level 3 controls as 
specified in subpart PP of this part 63--National Emission Standards for 
Containers.
    (2) For a container having a design capacity greater than 0.46 m\3\ 
and the container is not in light-material service as defined in 
Sec. 63.681 of this subpart, the owner or operator must control air 
emissions from the container in accordance with the requirements in 
either paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (3) For a container having a design capacity greater than 0.46 m\3\ 
and the container is in light-material service as defined in Sec. 63.681 
of this subpart, the owner or operator must control air emissions from 
the container in accordance with the requirements in either paragraph 
(b)(3)(i) or (b)(3)(ii) of this section.
    (i) The owner or operator controls air emissions from the container 
in accordance with the standards for Container Level 2 controls as 
specified in 40 CFR part 63, subpart PP--National Emission Standards for 
Containers.
    (ii) As an alternative to meeting the requirements in paragraph 
(b)(3)(i) of this section, an owner or operator may choose to control 
air emissions from the container in accordance with the standards for 
Container Level 3 controls as specified in 40 CFR part 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 m\3\ 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 the container is exposed to the atmosphere in accordance with the 
standards for Container Level 3 controls as specified in 40 CFR part 63, 
subpart PP--National Emission Standards for Containers.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999]



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 in accordance with the standards specified

[[Page 778]]

in 40 CFR part 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 using one of the transfer systems specified in paragraphs 
(c)(1) through (c)(3) of this section.
    (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 requirements 
specified in paragraphs (c)(3)(i) and (c)(3)(ii) of this section.
    (i) The transfer system is designed and operated such that an 
internal pressure in the vapor headspace in the enclosure 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 requirements specified in 
paragraphs (d)(1) through (d)(6) of this section.
    (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 specified in paragraph (d)(5)(i) or (d)(5)(ii) of 
this section.
    (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.

[[Page 779]]

    (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.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38970, July 20, 1999]



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(c)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator must route the vent stream from each 
affected process vent through a closed-vent system to a control device 
that meets the standards specified in Sec. 63.693 of this subpart. For 
the purpose of complying with this paragraph (b), a primary condenser is 
not a control device; however, a second condenser or other organic 
recovery device that is operated downstream of the primary condenser is 
considered a control device.

[64 FR 38970, July 20, 1999]



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 specified 
in either paragraph (b)(1) or (b)(2) of this section.
    (1) The owner or operator controls the HAP emitted from equipment 
leaks in accordance with Sec. 61.242 through Sec. 61.247 in 40 CFR part 
61, subpart V--National Emission Standards for Equipment Leaks; or
    (2) The owner or operator controls the HAP emitted from equipment 
leaks in accordance with Sec. 63.162 through Sec. 63.182 in subpart H--
National Emission Standards for Organic Hazardous Air Pollutants from 
Equipment Leaks.

[64 FR 38970, July 20, 1999]



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 owner or operator must use a closed-vent system that meets 
the requirements specified in paragraph (c) of this section.
    (2) The owner or operator must use a control device that meets the 
requirements specified in paragraphs (d) through (h) of this section as 
applicable to the type and design of the control device selected by the 
owner or operator to comply with the provisions of 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 must be operating except at those times 
listed in either paragraph (b)(3)(i) or (b)(3)(ii) of this section.
    (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 calendar year.
    (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 must inspect and monitor each closed-vent

[[Page 780]]

system in accordance with the requirements specified in either paragraph 
(b)(4)(i) or (b)(4)(ii) of this section.
    (i) The owner or operator inspects and monitors the closed-vent 
system in accordance with the requirements specified in Sec. 63.695(c) 
of this subpart, and complies with the applicable recordkeeping 
requirements in Sec. 63.696 of this subpart and the applicable reporting 
requirements in Sec. 63.697 of this subpart.
    (ii) As an alternative to meeting the requirements specified in 
paragraph (b)(4)(i) of this section, the owner or operator may choose to 
inspect and monitor the closed-vent system in accordance with the 
requirements under 40 CFR part 63, subpart H--National Emission 
Standards for Organic Hazardous Air Pollutants for Equipment Leaks as 
specified in 40 CFR 63.172(f) through (h), and complies with the 
applicable recordkeeping requirements in 40 CFR 63.181 and the 
applicable reporting requirements in 40 CFR 63.182.
    (5) The owner or operator must monitor the operation of each control 
device in accordance with the requirements specified in paragraphs (d) 
through (h) of this section as applicable to the type and design of the 
control device selected by the owner or operator to comply with the 
provisions of this section.
    (6) The owner or operator shall maintain records for each 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 
control device in accordance with the requirements of Sec. 63.697 of 
this subpart.
    (8) In the case when an owner or operator chooses to use a design 
analysis to demonstrate compliance of a control device with the 
applicable performance requirements specified in this section as 
provided for in paragraphs (d) through (g) of this section, the 
Administrator may request that the design analysis be revised or amended 
by the owner or operator to correct any deficiencies identified by the 
Administrator. If the owner or operator and the Administrator do not 
agree on the acceptability of using the design analysis (including any 
changes requested by the Administrator) to demonstrate that the control 
device achieves the applicable performance requirements, then the 
disagreement must be resolved using the results of a performance test 
conducted by the owner or operator in accordance with the requirements 
of Sec. 63.694(l) of this subpart. The Administrator may choose to have 
an authorized representative observe the 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 the 
design analysis, then the results of the performance test will be used 
to establish compliance with this subpart.
    (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 a vent stream from the closed-vent 
system to the atmosphere at a point upstream of the control device 
inlet, each bypass device must be equipped with either a flow indicator 
as specified in paragraph (c)(2)(i) of this section or a seal or locking 
device as specified in paragraph (c)(2)(ii) of this section. For the 
purpose of complying with this paragraph (c)(2), low leg drains, high 
point bleeds, analyzer vents, open-ended valves or lines, or pressure 
relief valves needed for safety reasons are not subject to the 
requirements of this paragraph (c)(2).
    (i) If a flow indicator is used, the indicator must be installed at 
the entrance to the bypass line used to divert the vent stream from the 
closed-vent

[[Page 781]]

system to the atmosphere. The flow indicator must indicate a reading at 
least once every 15 minutes. The owner or operator must maintain records 
of the following information: hourly records of whether the flow 
indicator was operating and whether flow was detected at any time during 
the hour; and records of all periods when flow is detected or the flow 
indicator is not operating.
    (ii) If a seal or locking device is used, the bypass line valve must 
be secured in the non-diverting position with a car-seal or a lock-and-
key type configuration. The seal or locking device must 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 non-diverting 
position such that the bypass device cannot be moved to the diverting 
position without breaking the seal or removing the lock. The owner or 
operator must visually inspect the seal or closure mechanism at least 
once every month to determine that the bypass line valve is maintained 
in the non-diverting position and the vent stream is not diverted 
through the bypass line.
    (d) Carbon adsorption control device requirements.
    (1) The carbon adsorption system must achieve the performance 
specifications in either paragraph (d)(1)(i) or (d)(1)(ii) of this 
section.
    (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 must demonstrate that the carbon 
adsorption system achieves the performance requirements in paragraph 
(d)(1) of this section by either performing a performance test as 
specified in paragraph (d)(2)(i) of this section or a design analysis as 
specified in paragraph (d)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec. 63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
information specified in either paragraph (d)(2)(ii)(A) or (d)(2)(ii)(B) 
of this section as applicable to the carbon adsorption system design.
    (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) The owner or operator must monitor the operation of the carbon 
adsorption system in accordance with the requirements of Sec. 63.695(e) 
of this subpart using one of the continuous monitoring systems specified 
in paragraphs (d)(3)(i) through (d)(3)(iii) of this section.
    (i) For a regenerative-type carbon adsorption system:
    (A) A continuous parameter monitoring system to measure and record 
the average total regeneration stream mass flow or volumetric flow 
during each carbon bed regeneration cycle. The integrating regenerating 
stream flow monitoring device must have an accuracy of 10 
percent; and

[[Page 782]]

    (B) A continuous parameter monitoring system to measure and record 
the average carbon bed temperature for the duration of the carbon bed 
steaming cycle and to measure the actual carbon bed temperature after 
regeneration and within 15 minutes of completing the cooling cycle. The 
accuracy of the temperature monitoring device must be 1 
percent of the temperature being measured, expressed in degrees Celsius 
or 5 deg.C, whichever is greater.
    (ii) A continuous monitoring system to measure and record the daily 
average concentration level of organic compounds in the exhaust gas 
stream from the control device. The accuracy of the organic monitoring 
device must be 1 percent of the concentration being 
measured.
    (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 must 
be either regenerated, reactivated, or burned in one of the units 
specified in paragraphs (d)(4)(ii)(A) through (d)(4)(ii)(G) of this 
section.
    (A) Regenerated or reactivated in a thermal treatment unit for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 that implements the requirements of 40 CFR part 264, subpart X.
    (B) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating air emission controls in accordance with this 
section.
    (C) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating organic air emission controls in accordance with a 
national emission standard for hazardous air pollutants under another 
subpart in 40 CFR part 63 or 40 CFR part 61.
    (D) Burned in a hazardous waste incinerator for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 264, subpart O.
    (E) Burned in a hazardous waste incinerator for which the owner or 
operator has designed and operates the incinerator in accordance with 
the interim status requirements of 40 CFR part 265, subpart O.
    (F) Burned in a boiler or industrial furnace for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 266, subpart H.
    (G) Burned in a boiler or industrial furnace for which the owner or 
operator has designed and operates the unit in accordance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (e) Condenser control device requirements.
    (1) The condenser must achieve the performance specifications in 
either paragraph (e)(1)(i) or (e)(1)(ii) of this section.
    (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 must demonstrate that the condenser 
achieves the performance requirements in paragraph (e)(1) of this 
section by either performing a performance test as specified in 
paragraph (e)(2)(i) of this section or a design analysis as specified in 
paragraph (e)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance tests to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec. 63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
following information: description of the vent stream

[[Page 783]]

composition, constituent concentrations, flow rate, relative humidity, 
and temperature; and specification of 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) The owner or operator must monitor the operation of the 
condenser in accordance with the requirements of Sec. 63.695(e) of this 
subpart using one of the continuous monitoring systems specified in 
paragraphs (e)(3)(i) through (e)(3)(iii) of this section.
    (i) A continuous parameter monitoring system to measure and record 
the daily average temperature of the exhaust gases from the control 
device. The accuracy of the temperature monitoring device shall be 
1 percent of the temperature being measured, expressed in 
degrees Celsius or 5 deg.C, whichever is greater.
    (ii) A continuous monitoring system to measure and record the daily 
average concentration of organic compounds in the exhaust vent stream 
from the control device. The accuracy of the concentration monitoring 
device shall be 1 percent of the concentration being 
measured.
    (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 must achieve the performance 
specifications in either paragraph (f)(1)(i), (f)(1)(ii), or (f)(1)(iii) 
of this section.
    (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 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 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 must demonstrate that the vapor 
incinerator achieves the performance requirements in paragraph (f)(1) of 
this section by either performing a performance test as specified in 
paragraph (f)(2)(i) of this section or a design analysis as specified in 
paragraph (f)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec. 63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
information specified in either paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B) 
of this section as applicable to the vapor incinerator design.
    (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) The owner or operator must monitor the operation of the vapor 
incinerator in accordance with the requirements of Sec. 63.695(e) of 
this subpart using one of the continuous monitoring systems specified in 
paragraphs (f)(3)(i) through (f)(3)(iv) of this section as applicable to 
the type of vapor incinerator used.

[[Page 784]]

    (i) For a thermal vapor incinerator, a continuous parameter 
monitoring system to measure and record the daily average temperature of 
the exhaust gases from the control device. The accuracy of the 
temperature monitoring device must be 1 percent of the 
temperature being measured, expressed in degrees Celsius of 
0.5 deg.C, whichever is greater.
    (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 to measure and record the daily average concentration of organic 
compounds in the exhaust vent stream from the control device. The 
accuracy of the concentration monitoring device must be 1 
percent of the concentration being measured.
    (iv) For either type of vapor incinerator, a continuous monitoring 
system that measures alternative operating parameters other than those 
specified in paragraph (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 must achieve the performance 
specifications in either paragraph (g)(1)(i), (g)(1)(ii), (g)(1)(iii), 
(g)(1)(iv), or (g)(1)(v) of this section.
    (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 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 ppmv on a dry basis corrected to 3 percent oxygen.
    (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 must demonstrate that the boiler or 
process heater achieves the performance specifications in paragraph 
(g)(1) of this section chosen by the owner or operator using the 
applicable method specified in paragraph (g)(2)(i) or (g)(2)(ii) of this 
section.
    (i) If an owner or operator chooses to comply with the performance 
specifications in either paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) 
of this section, the owner or operator must demonstrate compliance with 
the applicable performance specifications by either performing a 
performance test as specified in paragraph (g)(2)(i)(A) of this section 
or a design analysis as specified in paragraph (g)(2)(i)(B) of this 
section.
    (A) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec. 63.694(l) of this subpart.
    (B) An owner or operator choosing to use a design analysis to 
demonstrate

[[Page 785]]

compliance must include as part of this design analysis the following 
information: description of the vent stream composition, constituent 
concentrations, and flow rate; specification of the design minimum and 
average flame zone temperatures and combustion zone residence time; and 
description of the method and location by which the vent stream is 
introduced into the flame zone.
    (ii) If an owner or operator chooses to comply with the performance 
specifications in either paragraph (g)(1)(iv) or (g)(1)(v) of this 
section, the owner or operator must demonstrate compliance by 
maintaining the records that document that the boiler or process heater 
is designed and operated in accordance with the applicable requirements 
of this section.
    (3) For a boiler or process heater complying with the performance 
specifications in either paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) 
of this section, the owner or operator must monitor the operation of a 
boiler or process heater in accordance with the requirements of 
Sec. 63.695(e) of this subpart using one of the continuous monitoring 
systems specified in paragraphs (g)(3)(i) through (g)(3)(iii) of this 
section.
    (i) A continuous parameter monitoring system to measure and record 
the daily average combustion zone temperature. The accuracy of the 
temperature sensor must be 1 percent of the temperature 
being measured, expressed in degrees Celsius or 0.5 deg.C, 
whichever is greater;
    (ii) A continuous monitoring system to measure and record the daily 
average concentration of organic compounds in the exhaust vent stream 
from the control device. The accuracy of the concentration monitoring 
device must be 1 percent of the concentration being 
measured.
    (iii) A continuous monitoring system that measures alternative 
operating parameters other than those specified in paragraph (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.
    (1) The flare must be designed and operated in accordance with the 
requirements in 40 CFR 63.11(b).
    (2) The owner or operator must demonstrate that the flare achieves 
the requirements in paragraph (h)(1) of this section by performing the 
procedures specified in paragraph (h)(2)(i) of this section. A previous 
compliance demonstration for the flare that meets all of the conditions 
specified in paragraph (h)(2)(ii) of this section may be used by an 
owner or operator to demonstrate compliance with this paragraph (h)(2).
    (i) To demonstrate that a flare achieves the requirements in 
paragraph (h)(1) of this section, the owner or operator performs all of 
the procedures specified in paragraphs (h)(2)(i)(A) through (h)(2)(i)(C) 
of this section.
    (A) The owner or operator conducts a visible emission test for the 
flare in accordance with the requirements specified in 40 CFR 
63.11(b)(4).
    (B) The owner or operator determines the net heating value of the 
gas being combusted in the flare in accordance with the requirements 
specified in 40 CFR 63.11(b)(6); and
    (C) The owner or operator determines the flare exit velocity in 
accordance with the requirements applicable to the flare design as 
specified in 40 CFR 63.11(b)(7) or 40 CFR 63.11(b)(8).
    (ii) A previous compliance demonstration for the flare may be used 
by an owner or operator to demonstrate compliance with paragraph (h)(2) 
of this section provided that all conditions for the compliance 
determination and subsequent flare operation are met as specified in 
paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section.
    (A) The owner or operator conducted the compliance determination 
using the procedures specified in paragraph (h)(2)(i) of this section.
    (B) No flare operating parameter or process changes have occurred 
since completion of the compliance determination which could affect the 
compliance determination results.
    (3) The owner or operator must monitor the operation of the flare 
using a heat sensing monitoring device (including but not limited to a 
thermocouple, ultraviolet beam sensor, or infrared sensor) that 
continuously detects the presence of a pilot flame. The owner or

[[Page 786]]

operator must record, for each 1-hour period, whether the monitor was 
continuously operating and whether a pilot flame was continuously 
present during each hour as required in Sec. 63.696(b)(3) of this 
subpart.

[64 FR 38970, July 20, 1999]



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 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.
    (12) To determine process vent stream flow rate and total organic 
HAP concentration for compliance with the standards specified in 
Sec. 63.693 of this subpart, the testing methods and procedures are 
specified in paragraph (m) 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.

[[Page 787]]

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 must be prepared and analyzed 
in accordance with one of the following methods as applicable to the 
sampled off-site material for the purpose of measuring the HAP listed in 
Table 1 of this subpart:
    (A) Method 305 in 40 CFR part 63, appendix A.
    (B) Method 25D in 40 CFR part 60, appendix A.
    (C) Method 624 in 40 CFR part 136, appendix A. If this method is 
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 40 CFR 136.5 must be followed.
    (D) Method 625 in 40 CFR part 136, appendix A. For the purpose of 
using this method to comply with this subpart, the owner or operator 
must perform corrections to these compounds based on the ``accuracy as 
recovery'' using the factors in Table 7 of the method. If this method is 
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 40 CFR 136.5 must be followed.
    (E) Method 1624 in 40 CFR part 136, appendix A.
    (F) Method 1625 in 40 CFR part 136, appendix A.
    (G) Method 8260 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. As an 
alternative, an owner or operator may use any more recent, updated 
version of Method 8260 approved by the EPA. For the purpose of using 
Method 8260 to comply with this subpart, the owner or operator must 
maintain a formal quality assurance program consistent with section 8 of 
Method 8260, and this program must include the following elements 
related to measuring the concentrations of volatile compounds:
    (1) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, and preparation steps.
    (2) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (3) Measurement of the average accuracy and precision of the 
specific procedures, including field duplicates and field spiking of the 
off-site material source before or during sampling with compounds having 
similar chemical characteristics to the target analytes.
    (H) Method 8270 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. As an 
alternative, an owner or operator may use any more recent,

[[Page 788]]

updated version of Method 8270 approved by the EPA. For the purpose of 
using Method 8270 to comply with this subpart, the owner or operator 
must maintain a formal quality assurance program consistent with Method 
8270, and this program must include the following elements related to 
measuring the concentrations of volatile compounds:
    (1) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, and preparation steps.
    (2) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (3) Measurement of the average accuracy and precision of the 
specific procedures, including field duplicates and field spiking of the 
off-site material source before or during sampling with compounds having 
similar chemical characteristics to the target analytes.
    (I) Any other analysis method that has been validated in accordance 
with the procedures specified in section 5.1 and section 5.3 and the 
corresponding calculations in section 6.1 or section 6.3 of Method 301 
in appendix A in 40 CFR part 63. The data are acceptable if they meet 
the criteria specified in section 6.1.5 or section 6.3.3 of Method 301. 
If correction is required under section 6.3.3 of Method 301, the data 
are acceptable if the correction factor is within the range of 0.7 to 
1.30. Other sections of Method 301 are not required.
    (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. An owner or operator using a test method that 
provides species-specific chemical concentrations may adjust the 
measured concentrations to the corresponding concentration values 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.
[GRAPHIC] [TIFF OMITTED] TR20JY99.000


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. 63.694(a), ppmw.


[[Page 789]]


    (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 in documents such as 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.
    (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 are collected 
such that a minimum loss

[[Page 790]]

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 must be prepared and analyzed in 
accordance with one of the methods specified in paragraphs (b)(2)(ii)(A) 
through (b)(2)(ii)(I) of this section, as applicable to the sampled off-
site material, for the purpose of measuring the HAP listed in Table 1 of 
this subpart.
    (3) Calculations. The average VOHAP concentration (C) 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. An owner or operator using a test method that 
provides species-specific chemical concentrations may adjust the 
measured concentrations to the corresponding concentration values 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.
[GRAPHIC] [TIFF OMITTED] TR20JY99.001

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. 63.694(a), 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:
[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.

[[Page 791]]

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) Each individual stream containing HAP that enters the treatment 
process shall be identified.
    (2) The average VOHAP concentration at the point-of-delivery for 
each stream identified in paragraph (e)(1) of this section shall be 
determined using the test methods and procedures specified in paragraph 
(b) of this section.
    (3) For each stream identified in paragraph (e)(1) of this section 
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 in paragraph (e)(3) of this section for each stream 
and the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.002

Where:

RMR = Required HAP mass removal rate, kg/hr.
y = Individual stream ``y'' that has a VOHAP concentration equal to or 
          greater than 500 ppmw at the point-of-delivery as determined 
          in Sec. 63.694(b).
n = Total number of ``y'' streams treated by process.
Vy = Average volumetric flow rate of stream ``y'' at the 
          point-of-delivery, m3/hr.
ky = Density of stream ``y'', kg/m3.
Cy = Average VOHAP concentration of stream ``y'' at the 
          point-of-delivery as determined in Sec. 63.694(b)(2), 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 HAP mass flow entering the process (Eb) and the 
HAP mass flow exiting the process (Ea) shall be determined 
using the test methods and procedures specified in paragraphs (g)(2) 
through (g)(4) of this section.
    (3) The actual mass removal rate shall be calculated using the HAP 
mass flow rates determined in paragraph (f)(2) of this section and the 
following equation:

MR = Eb - Ea
where:

    MR = Actual HAP mass removal rate, kg/hr.
    Eb = HAP mass flow entering process as determined in 
paragraph (f)(2) of this section, kg/hr.
    Ea = HAP mass flow exiting process as determined in 
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) Each individual stream containing HAP that enters the treatment 
process shall be identified. Each individual stream containing HAP that 
exits the treatment process shall be identified. The owner or operator 
shall prepare a sampling plan for measuring the identified streams that 
accurately reflects the retention time of the material in the process.
    (3) For each run, information shall be determined for each stream 
identified in paragraph (g)(2) of this section as specified in 
paragraphs (g)(3)(i) through (g)(3)(iii) of this section.
    (i) The mass quantity shall be determined for each stream identified 
in paragraph (g)(2) of this section as entering the process 
(Qb). The mass quantity shall be determined for each stream 
identified in paragraph (g)(2) of this section as exiting the process 
(Qa).
    (ii) The average VOHAP concentration at the point-of-delivery shall 
be determined for each stream entering the process (Cb) (as 
identified in paragraph (g)(2) of this section) using the test methods 
and procedures specified in paragraph (b) of this section.
    (iii) The average VOHAP concentration at the point-of-treatment 
shall be determined for each stream exiting the process (Ca) 
(as identified in paragraph (g)(2) of this section) using the test

[[Page 792]]

methods and procedures specified in paragraph (c) of this section.
    (4) The HAP mass flow entering the process (Eb) and the 
HAP mass flow exiting the process (Ea) shall be calculated 
using the results determined in paragraph (g)(3) of this section and the 
following equations:
[GRAPHIC] [TIFF OMITTED] TR20JY99.003

Where:

Eb = HAP mass flow entering process, kg/hr.
Ea = HAP mass flow exiting process, kg/hr.
m = Total number of runs (at least 3)
j = Individual run ``j''
Qbj = Mass quantity of material entering process during run 
          ``j'', kg/hr.
Qaj = Average mass quantity of material exiting process 
          during run ``j'', kg/hr.
Caj = Average VOHAP concentration of material exiting process 
          during run ``j'' as determined in Sec. 63.694(c), ppmw.
Cbj = Average VOHAP concentration of material entering 
          process during run ``j'' as determined in Sec. 63.694(b)(2), 
          ppmw.

    (5) The HAP reduction efficiency (R) shall be calculated using the 
HAP mass flow rates determined in paragraph (g)(4) of this section and 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.004

Where:

R = HAP reduction efficiency, percent.
Eb = HAP mass flow entering process as determined in 
          paragraph (g)(4) of this section, kg/hr.
Ea = HAP mass flow exiting process as determined in 
          accordance with the requirements of paragraph (g)(4) of this 
          section, kg/hr.

    (h) Determination of HAP biodegradation efficiency 
(Rbio).
    (1) The fraction of HAP biodegraded (Fbio) shall be 
determined using one of the procedures specified in appendix C of this 
part 63.
    (2) The HAP biodegradation efficiency (Rbio) shall be 
calculated by using the following equation:

Rbio = Fbio  x  100

where:

Rbio = HAP biodegradation efficiency, percent.
Fbio = Fraction of HAP biodegraded as determined in 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 HAP mass flow entering the process (Eb) shall be 
determined using the test methods and procedures specified in paragraphs 
(g)(2) through (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 
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 = 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

[[Page 793]]

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 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 a total organic concentration representative of the range of 
concentrations for the 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 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 or n-hexane in air at a concentration of 
approximately, but less than, 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must 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

[[Page 794]]

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) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (k)(8)(i) or (k)(8)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (k)(9) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (k)(6) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (k)(9) of this section.
    (9) A potential leak interface is determined to operate with no 
detectable emissions using the applicable criteria specified in 
paragraphs (k)(9)(i) and (k)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft 
that passes through a cover opening, the potential leak interface is 
determined to operate with no detectable organic emissions if the 
organic concentration value determined in paragraph (k)(8) is less than 
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration value determined in 
paragraph (k)(8) is less than 10,000 ppmv.
    (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 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

[[Page 795]]

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 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.

[[Page 796]]

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.
    (m) Determination of process vent stream flow rate and total HAP 
concentration.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
must 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.
    (3) Process vent stream gas volumetric flow rate must be determined 
using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as 
appropriate.
    (4) Process vent stream total HAP concentration must be measured 
using the following procedures:
    (i) Method 18 of 40 CFR part 60, appendix A, must be used to measure 
the total HAP 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.
    (ii) Where Method 18 of 40 CFR part 60, appendix A, is used, the 
following procedures must be used to calculate parts per million by 
volume concentration:
    (A) The minimum sampling time for each run must be 1 hour in which 
either an integrated sample or four grab samples must be taken. If grab 
sampling is used, then the samples must be taken at approximately equal 
intervals in time, such as 15 minute intervals during the run.
    (B) The total HAP concentration (CHAP) must be computed 
according to the following equation:

[[Page 797]]

[GRAPHIC] [TIFF OMITTED] TR20JY99.005

Where:

CHAP = Total concentration of HAP compounds listed in Table 1 
          of this subpart, 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.


[61 FR 34158, July 1, 1996, as amended at 64 FR 38974, July 20, 1999]



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 procedures 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 procedures are specified in paragraph (d) of 
this section.
    (4) To monitor control devices for compliance with the standards 
specified in Sec. 63.693 of this subpart, the monitoring procedures are 
specified in paragraph (e) 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 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 calendar year 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.

[[Page 798]]

    (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) (\1/8\-
inch) 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 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 diameter of the tank. These total gap areas for 
the primary seal and secondary seal are then 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

[[Page 799]]

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. In the case when a tank is 
buried partially or entirely underground, inspection is required only 
for those portions of the cover that extend to or above the ground 
surface, and those connections that are on such portions of the cover 
(e.g., fill ports, access hatches, gauge wells, etc.) and can be opened 
to the atmosphere.
    (ii) The owner or operator must perform an initial inspection 
following installation of the fixed roof. Thereafter, the owner or 
operator must perform the inspections at least once every calendar year 
except as provided for in paragraph (f) of this section.
    (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 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. 63.694(k) of this subpart to demonstrate that the 
closed-vent system operates with no detectable organic 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. 63.694(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

[[Page 800]]

specified in Sec. 63.694(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 (c)(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 ductwork or piping; loose connections; or broken or missing caps or 
other closure devices.
    (ii) The owner or operator must perform an initial inspection 
following installation of the closed-vent system. Thereafter, the owner 
or operator must perform the inspections at least once every calendar 
year except as provided for in paragraph (f) of this section.
    (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)(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) Repair of a defect may be delayed beyond 45 calendar days if 
either of the conditions specified in paragraph (c)(3)(ii)(A) or 
(c)(3)(ii)(B) occurs. In this case, the owner or operator must repair 
the defect the next time the process or unit that vents to the closed-
vent system is shutdown. Repair of the defect must be completed before 
the process or unit resumes operation.
    (A) Completion of the repair is technically infeasible without the 
shutdown of the process or unit that vents to the closed-vent system.
    (B) The owner or operator determines that the air emissions 
resulting from the repair of the defect within the specified period 
would be greater than the fugitive emissions likely to result by 
delaying the repair until the next time the process or unit that vents 
to the closed-vent system is shutdown.
    (iii) 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. In the case when a transfer system is buried 
partially or entirely underground, inspection is required only for those 
portions of the cover that extend to or above the ground surface, and 
those connections that are on such portions of the cover (e.g., access 
hatches, etc.) and can be opened to the atmosphere.
    (2) The owner or operator must perform an initial inspection 
following installation of the cover. Thereafter, the owner or operator 
must perform the inspections at least once every calendar year except as 
provided for in paragraph (f) of this section.
    (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)(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.

[[Page 801]]

    (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 (d)(5)(ii) of this section.
    (ii) 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 transfer system and no 
alternative transfer system is available at the site to accept the 
material normally handled by the system. In this case, the owner or 
operator shall repair the defect the next time the process or unit that 
is generating the material handled by the transfer system stops 
operation. Repair of the defect must be completed before the process or 
unit resumes operation.
    (iii) 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.
    (e) Control device monitoring requirements. For each control device 
required under Sec. 63.693 of this subpart to be monitored in accordance 
with the provisions of this paragraph (e), the owner or operator must 
ensure that each control device operates properly by monitoring the 
control device in accordance with the requirements specified in 
paragraphs (e)(1) through (e)(7) of this section.
    (1) A continuous parameter monitoring system must be used to measure 
the operating parameter or parameters specified for the control device 
in Sec. 63.693(d) through Sec. 63.693(g) of this subpart as applicable 
to the type and design of the control device. The continuous parameter 
monitoring system must meet the following specifications and 
requirements:
    (i) The continuous parameter monitoring system must measure either 
an instantaneous value at least once every 15 minutes or an average 
value for intervals of 15 minutes or less and continuously record 
either:
    (A) Each measured data value; or
    (B) Each block average value for each 1-hour period 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.
    (ii) The monitoring system must be installed, calibrated, operated, 
and maintained in accordance with the manufacturer's specifications or 
other written procedures that provide reasonable assurance that the 
monitoring equipment is operating properly.
    (2) Using the data recorded by the monitoring system, the owner or 
operator must calculate the daily average value for each monitored 
operating parameter for each operating day. If operation of the control 
device is continuous, the operating day is a 24-hour period. If control 
device operation is not continuous, the operating day is the total 
number of hours of control device operation per 24-hour period. Valid 
data points must be available for 75 percent of the operating hours in 
an operating day to compute the daily average.
    (3) For each monitored operating parameter, the owner or operator 
must 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 specified in 
Sec. 63.693(b)(2) of this subpart. Each minimum or maximum operating 
parameter value must be established in accordance with the requirements 
in paragraphs (e)(3)(i) and (e)(3)(ii) of this section.
    (i) If the owner or operator conducts a performance test to 
demonstrate control device performance, then the minimum or maximum 
operating parameter value must be established based on values measured 
during the performance test and supplemented, as necessary, by the 
control device design specifications, manufacturer recommendations, or 
other applicable information.
    (ii) If the owner or operator uses a control device design analysis 
to demonstrate control device performance,

[[Page 802]]

then the minimum or maximum operating parameter value must be 
established based on the control device design analysis and 
supplemented, as necessary, by the control device manufacturer 
recommendations or other applicable information.
    (4) An excursion for a given control device is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (e)(4)(i) through 
(e)(4)(iii) of this section being met. When multiple operating 
parameters are monitored for the same control device and during the same 
operating day more than one of these operating parameters meets an 
excursion criterion specified in paragraphs (e)(4)(i) through 
(e)(4)(iii) of this section, then a single excursion is determined to 
have occurred for the control device for that operating day.
    (i) An excursion occurs when the daily average value of a monitored 
operating parameter is less than the minimum operating parameter limit 
(or, if applicable, greater than the maximum operating parameter limit) 
established for the operating parameter in accordance with the 
requirements of paragraph (e)(3) of this section.
    (ii) An excursion occurs when the period of control device operation 
is 4 hours or greater in an operating day and the monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours. Monitoring data are insufficient to constitute a 
valid hour of data if measured values are unavailable for any of the 15-
minute periods within the hour.
    (iii) An excursion occurs when the period of control device 
operation is less than 4 hours in an operating day and more than 1 of 
the hours during the period does not constitute a valid hour of data due 
to insufficient monitoring data. Monitoring data are insufficient to 
constitute a valid hour of data if measured values are unavailable for 
any of the 15-minute periods within the hour.
    (5) For each excursion, except as provided for in paragraph(e)(6) of 
this section, the owner or operator shall be deemed to have failed to 
have applied control in a manner that achieves the required operating 
parameter limits. Failure to achieve the required operating parameter 
limits is a violation of this standard.
    (6) An excursion is not a violation of this standard under any one 
of the conditions specified in paragraphs (e)(6)(i) and (e)(6)(ii) of 
this section.
    (i) An excursion is not a violation nor does it count toward the 
number of excused excursions allowed under paragraph (e)(6)(ii) of this 
section when the excursion occurs during any one of the following 
periods:
    (A) During a period of startup, shutdown, or malfunction when the 
affected facility is operated during such period in accordance with the 
facility's startup, shutdown, and malfunction plan; or
    (B) During periods of non-operation of the unit or the process that 
is vented to the control device (resulting in cessation of HAP emissions 
to which the monitoring applies).
    (ii) For each control device, one excused excursion is allowed per 
semiannual period for any reason. The initial semiannual period is the 
6-month reporting period addressed by the first semiannual report 
submitted by the owner or operator in accordance with Sec. 63.697(b)(4) 
of this subpart.
    (7) Nothing in paragraphs (e)(1) through (e)(6) of this section 
shall be construed to allow or excuse a monitoring parameter excursion 
caused by any activity that violates other applicable provisions of this 
subpart.
    (f) Alternative inspection and monitoring interval. Following the 
initial inspection and monitoring of a piece of air pollution control 
equipment in accordance with the applicable provisions of this section, 
subsequent inspection and monitoring of the equipment may be performed 
at intervals longer than 1 year when an owner or operator determines 
that performing the required inspection or monitoring procedures would 
expose a worker to dangerous, hazardous, or otherwise unsafe conditions 
and the owner or operator complies with the requirements specified in 
paragraphs (f)(1) and (f)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant 
site written documentation identifying the

[[Page 803]]

specific air pollution control equipment designated as ``unsafe to 
inspect and monitor.'' The documentation must include for each piece of 
air pollution control equipment designated as such a written explanation 
of the reasons why the equipment is unsafe to inspect or monitor using 
the applicable procedures under this section.
    (2) The owner or operator must develop and implement a written plan 
and schedule to inspect and monitor the air pollution control equipment 
using the applicable procedures specified in this section during times 
when a worker can safely access the air pollution control equipment. The 
required inspections and monitoring must be performed as frequently as 
practicable but do not need to be performed more frequently than the 
periodic schedule that would be otherwise applicable to the air 
pollution control equipment under the provisions of this section. A copy 
of the written plan and schedule must be maintained at the plant site.

[64 FR 38977, July 20, 1999]



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 804]]

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) Each owner or operator of an affected source subject to this 
subpart must comply with the notification requirements specified in 
paragraph (a)(1) of this section and the reporting requirements 
specified in paragraph (a)(2) of this section.
    (1) The owner or operator of an affected source must submit notices 
to the Administrator in accordance with the applicable notification 
requirements in 40 CFR 63.9 as specified in Table 2 of this subpart. For 
the purpose of this subpart, an owner or operator subject to the initial 
notification requirements under 40 CFR 63.9(b)(2) must submit the 
required notification on or before October 19, 1999.
    (2) The owner or operator of an affected source must submit reports 
to the Administrator in accordance with the applicable reporting 
requirements in 40 CFR 63.10 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 
notifications and 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, and
    (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

[[Page 805]]

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 summary report specified 
in paragraph (b)(4) of this section.
    (4) A summary report specified in Sec. 63.10(e)(3) of this part 
shall be submitted on a semiannual basis (i.e., once every 6-month 
period). The summary report must include a description of all excursions 
as defined in Sec. 63.695(e) of this subpart that have occurred during 
the 6-month reporting period. For each excursion caused when the daily 
average value of a monitored operating parameter is less than the 
minimum operating parameter limit (or, if applicable, greater than the 
maximum operating parameter limit), the report must include the daily 
average values of the monitored parameter, the applicable operating 
parameter limit, and the date and duration of the period that the 
exceedance occurred. For each excursion caused by lack of monitoring 
data, the report must include the date and duration of period when the 
monitoring data were not collected and the reason why the data were not 
collected.
    (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.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38981, July 20, 1999]



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
----------------------------------------------------------------------------------------------------------------
75-07-0........................................  Acetaldehyde.....................................        1.000
75-05-8........................................  Acetonitrile.....................................        0.989
98-86-2........................................  Acetophenone.....................................        0.314
107-02-8.......................................  Acrolein.........................................        1.000
107-13-1.......................................  Acrylonitrile....................................        0.999
107-05-1.......................................  Allyl chloride...................................        1.000
71-43-2........................................  Benzene (includes benzene in gasoline)...........        1.000

[[Page 806]]

 
98-07-7........................................  Benzotrichloride (isomers and mixture)...........        0.958
100-44-7.......................................  Benzyl chloride..................................        1.000
92-52-4........................................  Biphenyl.........................................        0.864
542-88-1.......................................  Bis(chloromethyl)ether b.........................        0.999
75-25-2........................................  Bromoform........................................        0.998
106-99-0.......................................  1,3-Butadiene....................................        1.000
75-15-0........................................  Carbon disulfide.................................        1.000
56-23-5........................................  Carbon tetrachloride.............................        1.000
43-58-1........................................  Carbonyl sulfide.................................        1.000
133-90-4.......................................  Chloramben.......................................        0.633
108-90-7.......................................  Chlorobenzene....................................        1.000
67-66-3........................................  Chloroform.......................................        1.000
107-30-2.......................................  Chloromethyl methyl ether b......................        1.000
126-99-8.......................................  Chloroprene......................................        1.000
98-82-8........................................  Cumene...........................................        1.000
94-75-7........................................  2,4-D, salts and esters..........................        0.167
334-88-3.......................................  Diazomethane c...................................        0.999
132-64-9.......................................  Dibenzofurans....................................        0.967
96-12-8........................................  1,2-Dibromo-3-chloropropane......................        1.000
106-46-7.......................................  1,4-Dichlorobenzene(p)...........................        1.000
107-06-2.......................................  Dichloroethane (Ethylene dichloride).............        1.000
111-44-4.......................................  Dichloroethyl ether (Bis(2-chloroethyl ether)....        0.757
542-75-6.......................................  1,3-Dichloropropene..............................        1.000
79-44-7........................................  Dimethyl carbamoyl chloridec.....................        0.150
64-67-5........................................  Diethyl sulfate..................................        0.0025
77-78-1........................................  Dimethyl sulfate.................................        0.086
121-69-7.......................................  N,N-Dimethylaniline..............................        0.0008
51-28-5........................................  2,4-Dinitrophenol................................        0.0077
121-14-2.......................................  2,4-Dinitrotoluene...............................        0.0848
123-91-1.......................................  1,4-Dioxane (1,4-Diethyleneoxide)................        0.869
106-89-8.......................................  Epichlorohydrin (1-Chloro-2,3-epoxypropane)......        0.939
106-88-7.......................................  1,2-Epoxybutane..................................        1.000
140-88-5.......................................  Ethyl acrylate...................................        1.000
100-41-4.......................................  Ethyl benzene....................................        1.000
75-00-3........................................  Ethyl chloride (Chloroethane)....................        1.000
106-93-4.......................................  Ethylene dibromide (Dibromoethane)...............        0.999
107-06-2.......................................  Ethylene dichloride (1,2-Dichloroethane).........        1.000
151-56-4.......................................  Ethylene imine (Aziridine).......................        0.867
75-21-8........................................  Ethylene oxide...................................        1.000
75-34-3........................................  Ethylidene dichloride (1,1-Dichloroethane).......        1.000
                                                 Glycol ethers d that have a Henry's Law constant       (e)
                                                  value equal to or greater than 0.1 Y/X (1.8 x 10-
                                                  6 atm/gm-mole/m3) at 25 deg.C.
118-74-1.......................................  Hexachlorobenzene................................        0.97
87-68-3........................................  Hexachlorobutadiene..............................        0.88
67-72-1........................................  Hexachloroethane.................................        0.499
110-54-3.......................................  Hexane...........................................        1.000
78-59-1........................................  Isophorone.......................................        0.506
58-89-9........................................  Lindane (all isomers)............................        1.000
67-56-1........................................  Methanol.........................................        0.855
74-83-9........................................  Methyl bromide (Bromomethane)....................        1.000
74-87-3........................................  Methyl chloride (Choromethane)...................        1.000
71-55-6........................................  Methyl chloroform (1,1,1-Trichloroethane)........        1.000
78-93-3........................................  Methyl ethyl ketone (2-Butanone).................        0.990
74-88-4........................................  Methyl iodide (Iodomethane)......................        1.0001
108-10-1.......................................  Methyl isobutyl ketone (Hexone)..................        0.9796
624-83-9.......................................  Methyl isocyanate................................        1.000
80-62-6........................................  Methyl methacrylate..............................        0.916
1634-04-4......................................  Methyl tert butyl ether..........................        1.000
75-09-2........................................  Methylene chloride (Dichloromethane).............        1.000
91-20-3........................................  Naphthalene......................................        0.994
98-95-3........................................  Nitrobenzene.....................................        0.394
79-46-9........................................  2-Nitropropane...................................        0.989
82-68-8........................................  Pentachloronitrobenzene (Quintobenzene)..........        0.839
87-86-5........................................  Pentachlorophenol................................        0.0898
75-44-5........................................  Phosgenec........................................        1.000
123-38-6.......................................  Propionaldehyde..................................        0.999
78-87-5........................................  Propylene dichloride (1,2-Dichloropropane).......        1.000
75-56-9........................................  Propylene oxide..................................        1.000
75-55-8........................................  1,2-Propylenimine (2-Methyl aziridine)...........        0.945
100-42-5.......................................  Styrene..........................................        1.000
96-09-3........................................  Styrene oxide....................................        0.830

[[Page 807]]

 
79-34-5........................................  1,1,2,2-Tetrachloroethane........................        0.999
127-18-4.......................................  Tetrachloroethylene (Perchloroethylene)..........        1.000
108-88-3.......................................  Toluene..........................................        1.000
95-53-4........................................  o-Toluidine......................................        0.152
120-82-1.......................................  1,2,4-Trichlorobenzene...........................        1.000
71-55-6........................................  1,1,1-Trichloroethane (Methyl chlorform).........        1.000
79-00-5........................................  1,1,2-Trichloroethane (Vinyl trichloride)........        1.000
79-01-6........................................  Trichloroethylene................................        1.000
95-95-4........................................  2,4,5-Trichlorophenol............................        0.108
88-06-2........................................  2,4,6-Trichlorophenol............................        0.132
121-44-8.......................................  Triethylamine....................................        1.000
540-84-1.......................................  2,2,4-Trimethylpentane...........................        1.000
108-05-4.......................................  Vinyl acetate....................................        1.000
593-60-2.......................................  Vinyl bromide....................................        1.000
75-01-4........................................  Vinyl chloride...................................        1.000
75-35-4........................................  Vinylidene chloride (1,1-Dichloroethylene).......        1.000
1330-20-7......................................  Xylenes (isomers and mixture)....................        1.000
95-47-6........................................  o-Xylenes........................................        1.000
108-38-3.......................................  m-Xylenes........................................        1.000
106-42-3.......................................  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.
d. Denotes a HAP that hydrolyzes slowly in water.
e. The fm305 factors for some of the more common glycol ethers can be obtained by contacting the Waste and
  Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.


[64 FR 38981, July 20, 1999]

 Table 2 to Subpart DD--Applicability of Paragraphs in Subpart A of This
                Part 63--General Provisions to Subpart DD
------------------------------------------------------------------------
                                    Applies to
      Subpart A reference           Subpart DD          Explanation
------------------------------------------------------------------------
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

[[Page 808]]

 
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.
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

[[Page 809]]

 
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
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)..........  Yes
63.10(b)(2)(x)................  Yes
63.10(b)(2) (xii)-(xiv).......  No
63.10(b)(3)...................  Yes
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
------------------------------------------------------------------------
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.


[64 FR 38983, July 20, 1999]

[[Page 810]]



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



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

[[Page 811]]

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.
    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.

[[Page 812]]

    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;
    (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).

[[Page 813]]

    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.
    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,

[[Page 814]]

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.
    (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

[[Page 815]]

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 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.

[[Page 816]]



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:
    (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 and piece of mix preparation equipment to the level required by 
paragraph (c)(1) of this section, an owner or operator of an affected 
source may elect to comply with one of the options set forth in 
paragraph (c)(4)(i), (ii) or (iii) of this section.
    (i) Control HAP emissions from all coating operations by an overall 
HAP control efficiency of at least 97 percent in lieu of either:
    (A) Controlling up to 10 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 8 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 6 HAP solvent 
storage tanks that

[[Page 817]]

do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 4 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 2 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity.
    (ii) Control HAP emissions from all coating operations by an overall 
HAP control efficiency of at least 98 percent in lieu of either:
    (A) Controlling up to 15 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 13 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 11 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 9 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 7 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 5 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (G) Controlling up to 6 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 3 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (H) Controlling up to 7 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 1 HAP solvent 
storage tank that does not exceed 20,000 gallons in capacity.
    (iii) Control HAP emissions from all coating operations by an 
overall HAP control efficiency of at least 99 percent in lieu of either:
    (A) Controlling up to 20 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 18 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 16 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 14 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 12 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 10 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (G) Controlling up to 6 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 8 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (H) Controlling up to 7 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 6 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or

[[Page 818]]

    (I) Controlling up to 8 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 4 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (J) Controlling up to 9 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 2 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (K) Controlling up to 10 pieces of mix preparation equipment that do 
not exceed 1,200 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 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),

[[Page 819]]

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.

[59 FR 64596, Dec. 15, 1994, as amended at 64 FR 17464, Apr. 9, 1999]



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 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

[[Page 820]]

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
    (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).

[[Page 821]]

    (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 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

[[Page 822]]

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 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

[[Page 823]]

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
    (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

[[Page 824]]

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 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

[[Page 825]]

    (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 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

[[Page 826]]

    (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 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.

[[Page 827]]

    (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.
    (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

[[Page 828]]

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 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

[[Page 829]]

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 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

[[Page 830]]

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 (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

[[Page 831]]

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 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:

[[Page 832]]

    (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 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.

[[Page 833]]

    (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 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.

[[Page 834]]

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 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

[[Page 835]]

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 
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

[[Page 836]]

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.

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.

[[Page 837]]

 
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.
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.

[[Page 838]]

 
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.
    (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) and Table 1 of this subpart.
    (c) Affected sources. The affected sources to which the provisions 
of this subpart apply are specified in paragraphs (c)(1) through (7) of 
this section. The activities subject to this subpart are limited to the 
manufacture or rework of aerospace vehicles or components as defined in 
this subpart. Where a dispute arises relating to the applicability of 
this subpart to a specific activity, the owner or operator shall 
demonstrate whether or not the activity is regulated under this subpart.
    (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.

[[Page 839]]

    (2) For organic HAP or VOC emissions, each primer application 
operation, which is the total of all primer applications at the 
facility.
    (3) For organic HAP or VOC emissions, each topcoat application 
operation, which is the total of all topcoat applications at the 
facility.
    (4) For organic HAP or VOC emissions, 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.
    (7) For inorganic HAP emissions, each spray booth or hangar that 
contains a primer or topcoat application operation subject to 
Sec. 63.745(g) or a depainting operation subject to Sec. 63.746(b)(4).
    (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 do not 
apply to the rework of aircraft or aircraft components if the holder of 
the Federal Aviation Administration (FAA) design approval, or the 
holder's licensee, is not actively manufacturing the aircraft or 
aircraft components. These requirements also do not apply to parts and 
assemblies not critical to the vehicle's structural integrity or flight 
performance. The requirements of this subpart also do not apply to 
primers, topcoats, chemical milling maskants, strippers, and cleaning 
solvents containing HAP and VOC at concentrations less than 0.1 percent 
for carcinogens or 1.0 percent for noncarcinogens, as determined from 
manufacturer's representations. Additional specific exemptions from 
regulatory coverage are set forth in paragraphs (e), (g), (h), (i) and 
(j) of this section and Secs. 63.742, 63.744(a)(1), (b), (e), 63.745(a), 
(f)(3), (g)(4), 63.746(a), (b)(5), 63.747(c)(3), and 63.749(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 
Sec. 63.747(c)(3) are also not included in these limits.
    (h) Regulated activities associated with space vehicles designed to 
travel beyond the limit of the earth's atmosphere, including but not 
limited to satellites, space stations, and the Space Shuttle System 
(including orbiter, external tanks, and solid rocket boosters), are 
exempt from the requirements

[[Page 840]]

of this subpart, except for depainting operations found in Sec. 63.746.
    (i) Any waterborne coating for which the manufacturer's supplied 
data demonstrate that organic HAP and VOC contents are less than or 
equal to the organic HAP and VOC content limits for its coating type, as 
specified in Secs. 63.745(c) and 63.747(c), is exempt from the following 
requirements of this subpart: Secs. 63.745 (d) and (e), 63.747(d) and 
(e), 63.749 (d) and (h), 63.750 (c) through (h) and (k) through (n), 
63.752 (c) and (f), and 63.753 (c) and (e). A facility shall maintain 
the manufacturer's supplied data and annual purchase records for each 
exempt waterborne coating readily available for inspection and review 
and shall retain these data for 5 years.
    (j) Regulated activities associated with the rework of antique 
aerospace vehicles or components are exempt from the requirements of 
this subpart.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15016, Mar. 27, 1998; 
63 FR 46532, Sept. 1, 1998]



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, canopy, 
passenger windows, lenses, and other components which are constructed of 
transparent materials.
    Antique aerospace vehicle or component means an aircraft or 
component thereof that was built at least 30 years ago. An antique 
aerospace vehicle would not routinely be in commercial or military 
service in the capacity for which it was designed.
    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 I or Type II etchant. Type I chemical milling 
maskants are used with a Type I etchant and Type II chemical milling 
maskants are used with a Type II etchant. This definition does not 
include bonding maskants, critical use and line sealer maskants, and 
seal coat maskants. Additionally, maskants that must be used with a 
combination of Type I or II etchants and any of the above types of 
maskants (i.e., bonding, critical use and line sealer, and seal coat) 
are also exempt from this subpart. (See also Type I and Type II etchant 
definitions.)
    Chemical milling maskant application operation means application of 
chemical milling maskant for use with Type I or 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 HAP and VOC below the de minimis levels specified in 
Sec. 63.741(f).
    Closed-cycle depainting system means a dust-free, automated process 
that removes permanent coating in small sections at a time and maintains 
a continuous vacuum around the area(s) being depainted to capture 
emissions.
    Coating means a material that is applied to the surface of an 
aerospace vehicle or component to form a decorative, protective, 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

[[Page 841]]

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 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.
    General aviation (GA) means that segment of civil aviation that 
encompasses all facets of aviation except air carriers, commuters, and 
military. General aviation includes charter and corporate-executive 
transportation, instruction, rental, aerial application, aerial 
observation, business, pleasure, and other special uses.
    General aviation rework facility means any aerospace facility with 
the majority of its revenues resulting from the reconstruction, repair, 
maintenance, repainting, conversion, or alteration of general aviation 
aerospace vehicles or components.
    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.

[[Page 842]]

    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 of atomizing air pressure or less at the air cap.
    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 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.).
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals 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.
    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.
    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.)

[[Page 843]]

    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. Individual specialty coatings are defined in appendix A to 
this subpart and in the CTG for Aerospace Manufacturing and Rework 
Operations (EPA 453/R-97-004).
    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 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

[[Page 844]]

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 I etchant means a chemical milling etchant that contains 
varying amounts of dissolved sulfur and does not contain amines.
    Type II etchant means a chemical milling etchant that is a strong 
sodium hydroxide solution containing 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.
    Waterborne (water-reducible) coating means any coating that contains 
more than 5 percent water by weight as applied in its volatile fraction.
    Waterwash system means a control system that utilizes flowing water 
(i.e., a conventional waterwash system) or a pumpless system 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 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

[[Page 845]]

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 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.

[60 FR 45956, Sept. 1, 1995, as amended at 63 FR 15017, Mar. 27, 1998; 
63 FR 46533, Sept. 1, 1998]



Sec. 63.743  Standards: General.

    (a) Except as provided in paragraphs (a)(4) through (a)(10) of this 
section and in Table 1 of 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;

[[Page 846]]

    (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 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).
    (10) For the purposes of compliance with the requirements of 
Sec. 63.5(b)(4) of the General Provisions and this subpart, owners or 
operators of existing primer or topcoat application operations and 
depainting operations who construct or reconstruct a spray booth or 
hangar that does not have the potential to emit 10 tons/yr or more of an 
individual inorganic HAP or 25 tons/yr or more of all inorganic HAP 
combined shall only be required to notify the Administrator of such 
construction or reconstruction on an annual basis. Notification shall be 
submitted on or before March 1 of each year and shall include the 
information required in Sec. 63.5(b)(4) for each such spray booth or 
hangar constructed or reconstructed during the prior calendar year, 
except that such information shall be limited to inorganic HAP's. No 
advance notification or written approval from the Administrator pursuant 
to Sec. 63.5(b)(3) shall be required for the construction or 
reconstruction of such a spray booth or hangar unless the booth or 
hangar has

[[Page 847]]

the potential to emit 10 tons/yr or more of an individual inorganic HAP 
or 25 tons/yr or more of all inorganic HAP combined.
    (b) Startup, shutdown, and malfunction 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, shutdown, and malfunction plan. A startup, 
shutdown, and malfunction 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, and specific operating parameters that will be monitored to 
establish compliance with the standards to the Administrator for 
approval not later than 120 days prior to the compliance date.
    (d) Instead of complying with the individual coating limits in 
Secs. 63.745 and 63.747, a facility may choose to comply with the 
averaging provisions specified in paragraphs (d)(1) through (d)(6) of 
this section.
    (1) Each owner or operator of a new or existing source shall use any 
combination of primers, topcoats (including self-priming topcoats), Type 
I chemical milling maskants, or Type II chemical milling maskants such 
that the monthly volume-weighted average organic HAP and VOC contents of 
the combination of primers, topcoats, Type I chemical milling maskants, 
or Type II chemical milling maskants, as determined in accordance with 
the applicable procedures set forth in Sec. 63.750, complies with the 
specified content limits in Secs. 63.745(c) and 63.747(c), unless the 
permitting agency specifies a shorter averaging period as part of an 
ambient ozone control program.
    (2) Averaging is allowed only for uncontrolled primers, topcoats 
(including self-priming topcoats), Type I chemical milling maskants, or 
Type II chemical milling maskants.
    (3) Averaging is not allowed between primers and topcoats (including 
self-priming topcoats).
    (4) Averaging is not allowed between Type I and Type II chemical 
milling maskants.
    (5) Averaging is not allowed between primers and chemical milling 
maskants, or between topcoats and chemical milling maskants.
    (6) Each averaging scheme shall be approved in advance by the 
permitting agency and adopted as part of the facility's title V permit.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15017, Mar. 27, 1998]



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 these paragraphs unless the cleaning solvent used is 
identified in Table 1 of this section or contains HAP and VOC below the 
de minimis levels specified in Sec. 63.741(f).
    (1) Place cleaning solvent-laden cloth, paper, or any other 
absorbent applicators used for cleaning in bags or other closed 
containers upon completing their 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

[[Page 848]]

swabs used for very small cleaning operations are exempt from this 
requirement.
    (2) Store fresh and spent cleaning solvents, except semi-aqueous 
solvent cleaners, 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 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) 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 HAP and VOC below the 
de minimis levels specified in Sec. 63.741(f) are exempt from the 
requirements in paragraphs (b)(1), (b)(2), and (b)(3) of this section.
    (1) Meet one of the composition requirements in Table 1 of this 
section;
    (2) Have a composite vapor pressure of 45 mm Hg (24.1 in. 
H2 O) 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. Demonstrate that 
the volume of hand-wipe cleaning solvents used in cleaning operations 
has been reduced by at least 60 percent from a baseline adjusted for 
production. The baseline shall be calculated using data from 1996 and 
1997, or as otherwise agreed upon by the Administrator or delegated 
State Authority. The baseline 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.
    (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. Spray gun cleaning operations using cleaning 
solvent solutions that contain HAP and VOC below the de minimis levels 
specified in Sec. 63.741(f) are exempt from the requirements 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 cleaning 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 cleaning 
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 
cleaning 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 cleaning 
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 cleaning solvent emissions.
    (5) Cleaning of the nozzle tips of automated spray equipment 
systems, except for robotic systems that can be

[[Page 849]]

programmed to spray into a closed container, shall be exempt from the 
requirements of paragraph (c) of this section.
    (d) Flush cleaning. Each owner or operator of a flush cleaning 
operation subject to this subpart (excluding those in which Table 1 or 
semi-aqueous cleaning solvents are used) shall empty the used cleaning 
solvent each time aerospace parts or assemblies, or components of a 
coating unit (with the exception of spray guns) are 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, 
maintenance, or testing of components of breathing oxygen systems that 
are exposed to the breathing oxygen;
    (2) Cleaning during the manufacture, assembly, installation, 
maintenance, 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;
    (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 nonmetallic materials used in honeycomb 
cores during the manufacture or maintenance of these cores, and cleaning 
of the completed cores used in the manufacture of aerospace vehicles or 
components;
    (10) Cleaning of aircraft transparencies, polycarbonate, or glass 
substrates;
    (11) Cleaning and cleaning 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; and
    (13) Cleaning operations identified as essential uses under the 
Montreal Protocol for which the Administrator has allocated essential 
use allowances or exemptions in 40 CFR 82.4.

    Table 1.--Composition Requirements for Approved Cleaning Solvents
------------------------------------------------------------------------
    Cleaning solvent type               Composition requirements
------------------------------------------------------------------------
Aqueous......................  Cleaning solvents in which water is the
                                primary ingredient (80
                                percent of cleaning 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
                                photochemically reactive hydrocarbons
                                and/or oxygenated hydrocarbons and have
                                a maximum vapor pressure of 7 mm Hg at
                                20  deg.C (3.75 in. H2O and 68  deg.F).
                                These cleaners also contain no HAP.
------------------------------------------------------------------------


[[Page 850]]


[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15018, Mar. 27 1998; 63 
FR 46533, Sept. 1, 1998]



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 or 540 g/L (4.5 lb/gal) of primer (less 
water) as applied for general aviation rework facilities.
    (2) VOC emissions from primers shall be limited to a VOC content 
level of no more than: 350 g/L (2.9 lb/gal) of primer (less water and 
exempt solvents) as applied or 540 g/L (4.5 lb/gal) of primer (less 
water and exempt solvents) as applied for general aviation rework 
facilities.
    (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 or 540 g/L (4.5 lb/gal) of coating (less 
water) as applied for general aviation rework facilities. 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 or 540 g/L (4.5 lb/gal) of self-priming 
topcoat (less water) as applied for general aviation rework facilities.
    (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 or 540 g/L (4.5 lb/gal) of coating (less 
water and exempt solvents) as applied for general aviation rework 
facilities. 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 or 540 g/L 
(4.5 lb/gal) of self-priming topcoat (less water) as applied for general 
aviation rework facilities.
    (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 (including self-priming topcoats) with 
HAP and VOC content levels equal to or less than the limits specified in 
paragraphs (c)(1) through (c)(4) of this section; or
    (2) Use the averaging provisions described in Sec. 63.743(d).
    (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 (including self-priming 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.

[[Page 851]]

    (1) All primers and topcoats (including self-priming topcoats) shall 
be applied using one or more of the application techniques specified in 
paragraphs (f)(1)(i) through (f)(1)(ix) 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 
(including self-priming topcoats) shall be operated according to company 
procedures, local specified operating procedures, and/or the 
manufacturer's specifications, whichever is most stringent, at alltimes. 
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, the owner or operator must choose one of 
the following:
    (A) Before exhausting it to the atmosphere, pass the air stream 
through a dry particulate filter system certified using the methods 
described in Sec. 63.750(o) to meet or exceed the efficiency data points 
in Tables 1 and 2 of this section; or

    Table 1.--Two-Stage Arrestor; Liquid Phase Challenge for Existing
                                 Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %          range, m
------------------------------------------------------------------------
>90........................................  >5.7
>50........................................  >4.1
>10........................................  >2.2
------------------------------------------------------------------------


Table 2.--Two-Stage Arrestor; Solid Phase Challenge for Existing Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %          range, m
------------------------------------------------------------------------
>90........................................  >8.1
>50........................................  >5.0
>10........................................  >2.6
------------------------------------------------------------------------

    (B) Before exhausting it to the atmosphere, pass the air stream 
through a waterwash system that shall remain in operation during all 
coating application operations; or
    (C) Before exhausting it to the atmosphere, pass the air stream 
through an air pollution control system that meets or exceeds the 
efficiency data points in Tables 1 and 2 of this section and is approved 
by the permitting authority.

[[Page 852]]

    (ii) For new sources, either:
    (A) Before exhausting it to the atmosphere, pass the air stream 
through a dry particulate filter system certified using the methods 
described in Sec. 63.750(o) to meet or exceed the efficiency data points 
in Tables 3 and 4 of this section; or

 Table 3.--Three-Stage Arrestor; Liquid Phase Challenge for New Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %          range, m
------------------------------------------------------------------------
>95........................................  >2.0
>80........................................  >1.0
>65........................................  >0.42
------------------------------------------------------------------------


  Table 4.--Three-Stage Arrestor; Solid Phase Challenge for New Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %          range, m
------------------------------------------------------------------------
>95........................................  >2.5
>85........................................  >1.1
>75........................................  >0.70
------------------------------------------------------------------------

    (B) Before exhausting it to the atmosphere, pass the air stream 
through an air pollution control system that meets or exceeds the 
efficiency data points in Tables 3 and 4 of this section and is approved 
by the permitting authority.
    (iii) Owners or operators of new sources that have commenced 
construction or reconstruction after June 6, 1994 but prior to October 
29, 1996 may comply with the following requirements in lieu of the 
requirements in paragraph (g)(2)(ii) of this section:
    (A) Pass the air stream through either a two-stage dry particulate 
filter system or a waterwash system before exhausting it to the 
atmosphere.
    (B) If the primer or topcoat contains chromium or cadmium, control 
shall consist of a HEPA filter system, three-stage filter system, or 
other control system equivalent to the three stage filter system as 
approved by the permitting agency.
    (iv) 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 
read and record the pressure drop once per shift; and
    (D) Take corrective action when the pressure drop exceeds or falls 
below the filter manufacturer's recommended limit(s).
    (v) If a conventional waterwash system is used, continuously monitor 
the water flow rate and read and record the water flow rate once per 
shift. If a pumpless system is used, continuously monitor the booth 
parameter(s) that indicate performance of the booth per the 
manufacturer's recommendations to maintain the booth within the 
acceptable operating efficiency range and read and record the parameters 
once per shift.
    (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;

[[Page 853]]

    (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; and
    (x) The use of hand-held spray can application methods.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15019, Mar. 27, 1998; 
63 FR 46533, Sept. 1, 1998]



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 section does not apply to an 
aerospace manufacturing or rework facility that depaints six 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 provided in paragraphs (b)(2) and (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 
shall not, on an annual average basis, use more than 26 gallons of 
organic HAP-containing chemical strippers or alternatively 190 pounds of 
organic HAP per commercial aircraft depainted; or more than 50 gallons 
of organic HAP-containing chemical strippers or alternatively 365 pounds 
of organic HAP 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, unless a 
closed-cycle depainting system is used.
    (ii)(A) For existing sources pass any air stream removed from the 
enclosed area or closed-cycle depainting system through a dry 
particulate filter system, certified using the method described in 
Sec. 63.750(o) to meet or exceed the efficiency data points in Tables 1 
and 2 of Sec. 63.745, through a baghouse, or through a waterwash system 
before exhausting it to the atmosphere.
    (B) For new sources pass any air stream removed from the enclosed 
area

[[Page 854]]

or closed-cycle depainting system through a dry particulate filter 
system certified using the method described in Sec. 63.750(o) to meet or 
exceed the efficiency data points in Tables 3 and 4 of Sec. 63.745 or 
through a baghouse before exhausting it to the atmosphere.
    (c) Owners or operators of new sources that have commenced 
construction or reconstruction after June 6, 1994 but prior to October 
29, 1996 may comply with the following requirements in lieu of the 
requirements in paragraph (b)(4)(ii)(B) of this section:
    (1) Pass the air stream through either a two-stage dry particulate 
filter system or a waterwash system before exhausting it to the 
atmosphere.
    (2) If the coating being removed contains chromium or cadmium, 
control shall consist of a HEPA filter system, three-stage filter 
system, or other control system equivalent to the three-stage filter 
system as approved by the permitting agency.
    (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 
read and record the pressure drop once per shift; 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, and read and record the water flow rate once per shift.
    (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 percent or greater, taking into 
account capture and destruction or removal efficiencies.
    (2) Each control system installed on or after the effective date 
shall reduce organic HAP emissions to the atmosphere by 95 percent or 
greater. Reduction shall take into account capture and destruction or 
removal efficiencies, and may take into account the volume of chemical 
stripper used relative to baseline levels (e.g., the 95 percent 
efficiency may be achieved by controlling emissions at 81 percent 
efficiency with a control system and using 74 percent 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.
    (3) The capture and destruction or removal efficiencies are to be 
determined using the procedures in Sec. 63.750(g) when a carbon adsorber 
is used and those in Sec. 63.750(h) when a control device other than a 
carbon adsorber is used.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15020, Mar. 27, 1998; 
63 FR 46533, Sept. 1, 1998]

[[Page 855]]



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 organic HAP content levels of no more than 622 grams of 
organic HAP per liter (5.2 lb/gal) of Type I chemical milling maskant 
(less water) as applied, and no more than 160 grams of organic HAP per 
liter (1.3 lb/gal) of Type II chemical milling maskant (less water) as 
applied.
    (2) VOC emissions from chemical milling maskants shall be limited to 
VOC content levels of no more than 622 grams of VOC per liter (5.2 lb/
gal) of Type I chemical milling maskant (less water and exempt solvents) 
as applied, and no more than 160 grams of VOC per liter (1.3 lb/gal) of 
Type II 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) Use the averaging provisions described in Sec. 63.743(d).

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998]



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.



Sec. 63.749  Compliance dates and determinations.

    (a) Compliance dates. (1) Each owner or operator of an existing 
affected source subject to this subpart shall comply with the 
requirements of this subpart by September 1, 1998, except as specified 
in paragraph (a)(2) of this section. Owners or operators of new affected 
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 
(c).
    (2) Owners or operators of existing primer or topcoat application 
operations and depainting operations who construct or reconstruct a 
spray booth or hangar must comply with the new source requirements for 
inorganic HAP specified in Secs. 63.745(g)(2)(ii) and 63.746(b)(4) for 
that new spray booth or

[[Page 856]]

hangar upon startup. Such sources must still comply with all other 
existing source requirements by September 1, 1998.
    (b) General. Each facility subject to this subpart shall be 
considered in noncompliance if the owner or operator fails to submit a 
startup, shutdown, and malfunction 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, 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 857]]

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 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,
    (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

[[Page 858]]

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 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 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.

[[Page 859]]

    (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 
or 190 pounds of organic HAP per commercial aircraft depainted 
calculated on a yearly average; and is less than or equal to 50 gallons 
of organic HAP-containing chemical stripper or 365 pounds of organic HAP 
per military aircraft depainted 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 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

[[Page 860]]

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 622 
grams of organic HAP per liter (5.2 lb/gal) of Type I chemical milling 
maskant as applied (less water), and 160 grams of organic HAP per liter 
(1.3 lb/gal) of Type II chemical milling maskant as applied (less 
water). 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 622 grams of VOC per liter (5.2 lb/gal) of Type I chemical 
milling maskant as applied (less water and exempt solvents), and 160 
grams of VOC per liter (1.3 lb/gal) of Type II 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.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998]



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] TR01SE98.000

where:

Wi=Weight of the ``i''th VOC compound, grams.
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.

[[Page 861]]

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 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

[[Page 862]]

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.
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.


[[Page 863]]


    (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] TR27MR98.002
          
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 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

[[Page 864]]

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 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

[[Page 865]]

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 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

[[Page 866]]

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 paragraphs (g)(2)(ii) (A) and (B) of this section;
    (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).
    (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

[[Page 867]]

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 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

[[Page 868]]

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 paragraph (g) (2) or (4) of this section, 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

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.

[[Page 869]]

    (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:
[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)(i) and (i)(2)(ii) or (i)(2)(iii) of this section to determine

[[Page 870]]

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) Test the proposed application method against either HVLP or 
electrostatic spray application methods in a laboratory or pilot 
production area, using parts and coatings representative of the 
process(es) where the alternative method is to be used. The laboratory 
test will use the same part configuration(s) and the same number of 
parts for both the proposed method and the HVLP or electrostatic spray 
application methods.
    (iv) Whenever the approach in either paragraph (i)(2)(ii) or 
(i)(2)(iii) of this section is used, the owner or operator shall 
calculate both the organic HAP and VOC emission reduction using 
equation:
[GRAPHIC] [TIFF OMITTED] TR01SE98.001

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 of 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.
    (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 or alternatively the weight of organic 
HAP 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 or 
the total weight of organic HAP 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-containing 
chemical stripper or weight of organic HAP used for spot stripping and 
decal removal per aircraft using equation 20 (volume) or equation 21 
(weight):

[[Page 871]]

[GRAPHIC] [TIFF OMITTED] TR27MR98.004

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.

          [GRAPHIC] [TIFF OMITTED] TR27MR98.005
          
where:

C = annual average weight (lb per aircraft) of organic HAP (chemical 
          stripper) used for spot stripping and decal removal.
m = number of organic HAP contained in each chemical stripper, as 
          applied.
n = number of organic HAP-containing chemical strippers used in the 
          annual period.
Whi = weight fraction (expressed as a decimal) of each 
          organic HAP (i) contained in the chemical stripper, as 
          applied, for each aircraft depainted.
Dhi = density (lb/gal) of each organic HAP-containing 
          chemical stripper (i), 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 unit volume of coating (chemical milling maskant) i as applied (less 
water), Hi (lb/gal).
    (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

[[Page 872]]

the procedure specified in paragraph (d)(3) of this section.
    (4) Calculate the volume-weighted average mass of organic HAP 
emitted 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 22:
[GRAPHIC] [TIFF OMITTED] TR27MR98.006

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 (less water and exempt solvents) as applied by summing the 
individual volumes of each chemical milling maskant (less water and 
exempt solvents) as applied.

[[Page 873]]

    (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 23:
[GRAPHIC] [TIFF OMITTED] TR27MR98.007

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.
    (o) Inorganic HAP emissions--dry particulate filter certification 
requirements. Dry particulate filters used to comply with 
Sec. 63.745(g)(2) or Sec. 63.746(b)(4) must be certified by the filter 
manufacturer or distributor, paint/depainting booth supplier, and/or the 
facility owner or operator using method 319 in appendix A of subpart A 
of this part, to meet or exceed the efficiency data points found in 
Tables 1 and 2, or 3 and 4 of Sec. 63.745 for existing or new sources 
respectively.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998; 
63 FR 46534, Sept. 1, 1998]



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).

[[Page 874]]

    (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 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)(6)(iii)(A)(2) 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

[[Page 875]]

parameter in accordance with paragraph (b)(1) of this section shall 
fulfill the requirements of paragraph (b)(6)(iii)(A) of this section and 
paragraph (b)(6)(iii)(B) or (C) of this section, as appropriate.
    (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)(6)(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)(6)(iii) (B) or (C) of this 
section, the owner or operator may monitor the VOC or HAP concentration 
of the adsorber exhaust daily, at intervals no greater than 20 percent 
of the design carbon replacement interval, whichever is greater, or at a 
frequency as determined by the owner or operator and approved by the 
Administrator.
    (iv) Owners or operators complying with Sec. 63.745(d), 
Sec. 63.746(c), or Sec. 63.747(d) through the use of a nonregenerative 
carbon adsorber and establishing a site-specific operating parameter for 
the carbon replacement time interval in accordance with paragraph (b)(2) 
shall replace the carbon in the carbon adsorber system with fresh carbon 
at the predetermined time interval as determined in the design 
evaluation.
    (v) 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

[[Page 876]]

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.
    (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 to meet the requirements of 
Sec. 63.745(g)(2) shall, while primer or topcoat application operations 
are occurring, continuously monitor the pressure drop across the system 
and read and record the pressure drop once per shift following the 
recordkeeping requirements of Sec. 63.752(d).
    (2) Each owner or operator using a conventional waterwash system to 
meet the requirements of Sec. 63.745(g)(2) shall, while primer or 
topcoat application operations are occurring, continuously monitor the 
water flow rate through the system and read and record the water flow 
rate once per shift following the recordkeeping requirements of 
Sec. 63.752(d). Each owner or operator using a pumpless waterwash system 
to meet the requirements of Sec. 63.745(g)(2) shall, while primer and 
topcoat application operations are occurring, measure and record the 
parameter(s) recommended by the booth manufacturer that indicate booth 
performance once per shift, following the recordkeeping requirements of 
Sec. 63.752(d).
    (d) Particulate filters and waterwash booths--depainting operations. 
Each owner or operator using a dry particulate filter or a conventional 
waterwash system in accordance with the requirements of 
Sec. 63.746(b)(4) shall, while depainting operations are occurring, 
continuously monitor the pressure drop across the particulate filters or 
the water flow rate through the conventional waterwash system and read 
and record the pressure drop or the water flow rate once per shift 
following the recordkeeping requirements of Sec. 63.752(e). Each owner 
or operator using a pumpless waterwash system to meet the requirements 
of Sec. 63.746(b)(4) shall, while depainting operations are occurring, 
measure and record the parameter(s) recommended by the booth 
manufacturer that indicate booth performance once per shift, following 
the recordkeeping requirements of Sec. 63.752(e).
    (e) Use of an alternative monitoring method. (1) General. Until 
permission to use an alternative monitoring method

[[Page 877]]

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 (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.

[[Page 878]]

    (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).

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15023, Mar. 27, 1998; 
63 FR 46534, Sept. 1, 1998]



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 for affected cleaning 
operations 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):
    (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 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

[[Page 879]]

    (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 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 conventional waterwash system shall record the water flow rate 
through the operating system once each shift during which coating 
operations occur. Each owner or operator complying with Sec. 63.745(g) 
through the use of a pumpless waterwash system shall record the 
parameter(s) recommended by the booth manufacturer that indicate the 
performance of the booth once each shift during which coating operations 
occur.
    (3) This log shall include the acceptable limit(s) of pressure drop, 
water flow rate, or for the pumpless waterwash booth, the booth 
manufacturer recommended parameter(s) that indicate the booth 
performance, as applicable, as specified by the filter or

[[Page 880]]

booth manufacturer or in locally prepared operating procedures.
    (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 or monthly weight of organic HAP-material used for spot 
stripping and decal removal.
    (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 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 or 
weight of organic HAP used, the annual average volume of organic HAP-
containing chemical stripper or weight of organic HAP used per aircraft, 
the annual number of aircraft stripped, and all data and calculations 
used.
    (7) Inorganic HAP emissions. Each owner or operator shall record the 
actual pressure drop across the particulate filters or the visual 
continuity of the water curtain and water flow rate for conventional 
waterwash systems once each shift in which the depainting process is in 
operation. For pumpless waterwash systems, the owner or operator shall 
record the parameter(s) recommended by the booth manufacturer that 
indicate the performance of the booth once per 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, the visual continuity of the water curtain and the water 
flow rate for conventional waterwash systems, or the recommended 
parameter(s) that indicate the booth performance for pumpless systems as 
specified by the booth manufacturer or in locally prepared operating 
procedures.

[[Page 881]]

    (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), or the control system requirements specified in 
Sec. 63.747(d), 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.
    (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.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15023, Mar. 27, 1998; 
63 FR 46534, Sept. 1, 1998]



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, and that the initial notification for existing 
sources required in Sec. 63.9(b)(2) shall be submitted not later than 
September 1, 1997. In addition to the requirements of Sec. 63.9(h), the 
notification of compliance status shall include:

[[Page 882]]

    (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 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,

[[Page 883]]

    (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, the water flow rate through a 
conventional waterwash system, or the recommended parameter(s) that 
indicate the booth performance for pumpless systems, 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 nonchemical depainting operation subject 
to Sec. 63.746(b)(2) and (b)(4) for the control of inorganic HAP 
emissions was not immediately shut down when the pressure drop, water 
flow rate, or recommended booth parameter(s) 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 or weight of organic HAP 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

[[Page 884]]

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;
    (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; 63 FR 15023, Mar. 27, 1998; 63 FR 46535, Sept. 
1, 1998]



Secs. 63.754-63.759  [Reserved]

                Table 1 to Subpart GG of Part 63--General Provisions Applicability to Subpart GG
----------------------------------------------------------------------------------------------------------------
              Reference                 Applies to affected sources in subpart GG             Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)...........................  Yes

[[Page 885]]

 
63.1(a)(2)...........................  Yes
63.1(a)(3)...........................  Yes
63.1(a)(4)...........................  Yes
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
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)...........................  Yes
63.1(c)(1)...........................  Yes
63.1(c)(2)...........................  Yes.......................................  Subpart GG does not apply to
                                                                                    area sources.
63.1(c)(3)...........................  No........................................  Reserved.
63.1(c)(4)...........................  Yes
63.1(c)(5)...........................  Yes
63.1(d)..............................  No........................................  Reserved.
63.1(e)..............................  Yes
63.2.................................  Yes
63.3.................................  Yes
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)...........................  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)...........................  Yes
63.5(c)..............................  No........................................  Reserved.
63.5(d)(1)(i)........................  Yes
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)..............................  Yes
63.6(a)..............................  Yes
63.6(b)(1)-(5).......................  Yes.......................................  Sec.  63.749(a) specifies
                                                                                    compliance dates for new
                                                                                    sources.
63.6(b)(6)...........................  No........................................  Reserved.
63.6(b)(7)...........................  Yes
63.6(c)(1)...........................  Yes
63.6(c)(2)...........................  No........................................  The standards in subpart GG
                                                                                    are promulgated under
                                                                                    section 112(d) of the Act.
63.6(c)(3)-(4).......................  No........................................  Reserved.
63.6(c)(5)...........................  Yes
63.6(d)..............................  No........................................  Reserved.
63.6(e)..............................  Yes.......................................  63.743(b) includes additional
                                                                                    provisions for the operation
                                                                                    and maintenance plan.
63.6(f)..............................  Yes
63.6(g)..............................  Yes
63.6(h)..............................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.6(i)(1)-(3).......................  Yes
63.6(i)(4)(i)(A).....................  Yes

[[Page 886]]

 
63.6(i)(4)(i)(B).....................  No........................................  Sec.  63.743(a)(4) specifies
                                                                                    that requests for extension
                                                                                    of compliance must be
                                                                                    submitted no later than 120
                                                                                    days before an affected
                                                                                    source's compliance date.
63.6(i)(4)(ii).......................  No........................................  The standards in subpart GG
                                                                                    are promulgated under
                                                                                    section 112(d) of the Act.
63.6(i)(5)-(12)......................  Yes
63.6(i)(13)..........................  Yes
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)-(vi)...................  Yes
63.7(a)(2)(vii)-(viii)...............  No........................................  Reserved.
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
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)..............................  Yes
63.8(c)..............................  Yes
63.8(d)..............................  No
63.8(e)(1)-(4).......................  Yes
63.8(e)(5)(i)........................  Yes
63.8(e)(5)(ii).......................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.8(f)(1)...........................  Yes
63.8(f)(2)(i)-(vii)..................  Yes
63.8(f)(2)(viii).....................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.8(f)(2)(ix).......................  Yes
63.8(f)(3)-(6).......................  Yes
63.8(g)..............................  Yes
63.9(a)..............................  Yes
63.9(b)(1)...........................  Yes
63.9(b)(2)...........................  Yes.......................................  Sec.  63.753(a)(1) requires
                                                                                    submittal of the initial
                                                                                    notification at least 1 year
                                                                                    prior to the compliance
                                                                                    date; Sec.  63.753(a)(2)
                                                                                    allows a title V or part 70
                                                                                    permit application to be
                                                                                    substituted for the initial
                                                                                    notification in certain
                                                                                    circumstances.
63.9(b)(3)...........................  Yes
63.9(b)(4)...........................  Yes
63.9(b)(5)...........................  Yes
63.9(c)..............................  Yes
63.9(d)..............................  Yes
63.9(e)..............................  Yes
63.9(f)..............................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.9(g)(1)...........................  No
63.9(g)(2)...........................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.9(g)(3)...........................  No
63.9(h)(1)-(3).......................  Yes.......................................  Sec.  63.753(a)(1) also
                                                                                    specifies additional
                                                                                    information to be included
                                                                                    in the notification of
                                                                                    compliance status.
63.9(h)(4)...........................  No........................................  Reserved.
63.9(h)(5)-(6).......................  Yes
63.9(i)..............................  Yes
63.9(j)..............................  Yes

[[Page 887]]

 
63.10(a).............................  Yes
63.10(b).............................  Yes
63.10(c)(1)..........................  No
63.10(c)(2)-(4)......................  No........................................  Reserved.
63.10(c)(5)-(8)......................  No
63.10(c)(9)..........................  No........................................  Reserved.
63.10(c)(10)-(13)....................  No
63.10(c)(14).........................  No........................................  Sec.  63.8(d) does not apply
                                                                                    to this subpart.
63.10(c)(15).........................  No
63.10(d)(1)-(2)......................  Yes
63.10(d)(3)..........................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.10(d)(4)..........................  Yes
63.10(d)(5)..........................  Yes
63.(10)(e)(1)........................  No
63.10(e)(2)(i).......................  No
63.10(e)(2)(ii)......................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.10(e)(3)..........................  No
63.10(e)(4)..........................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.10(f).............................  Yes
63.11................................  Yes
63.12................................  Yes
63.13................................  Yes
63.14................................  Yes
63.15................................  Yes
----------------------------------------------------------------------------------------------------------------


[63 FR 15024, Mar. 27, 1998]

   Appendix A to Subpart GG of Part 63--Specialty Coating Definitions

    Ablative coating--A coating that chars when exposed to open flame or 
extreme temperatures, as would occur during the failure of an engine 
casing or during aerodynamic heating. The ablative char surface serves 
as an insulative barrier, protecting adjacent components from the heat 
or open flame.
    Adhesion promoter--A very thin coating applied to a substrate to 
promote wetting and form a chemical bond with the subsequently applied 
material.
    Adhesive bonding primer--A primer applied in a thin film to 
aerospace components for the purpose of corrosion inhibition and 
increased adhesive bond strength by attachment. There are two categories 
of adhesive bonding primers: primers with a design cure at 250  deg.F or 
below and primers with a design cure above 250  deg.F.
    Aerosol coating--A hand-held, pressurized, nonrefillable container 
that expels an adhesive or a coating in a finely divided spray when a 
valve on the container is depressed.
    Antichafe coating--A coating applied to areas of moving aerospace 
components that may rub during normal operations or installation.
    Bearing coating--A coating applied to an antifriction bearing, a 
bearing housing, or the area adjacent to such a bearing in order to 
facilitate bearing function or to protect base material from excessive 
wear. A material shall not be classified as a bearing coating if it can 
also be classified as a dry lubricative material or a solid film 
lubricant.
    Bonding maskant--A temporary coating used to protect selected areas 
of aerospace parts from strong acid or alkaline solutions during 
processing for bonding.
    Caulking and smoothing compounds--Semi-solid materials which are 
applied by hand application methods and are used to aerodynamically 
smooth exterior vehicle surfaces or fill cavities such as bolt hole 
accesses. A material shall not be classified as a caulking and smoothing 
compound if it can also be classified as a sealant.
    Chemical agent-resistant coating (CARC)--An exterior topcoat 
designed to withstand exposure to chemical warfare agents or the 
decontaminants used on these agents.
    Clear coating--A transparent coating usually applied over a colored 
opaque coating, metallic substrate, or placard to give improved gloss 
and protection to the color coat. In some cases, a clearcoat refers to 
any transparent coating without regard to substrate.
    Commercial exterior aerodynamic structure primer--A primer used on 
aerodynamic components and structures that protrude from the fuselage, 
such as wings and attached

[[Page 888]]

components, control surfaces, horizontal stabilizers, vertical fins, 
wing-to-body fairings, antennae, and landing gear and doors, for the 
purpose of extended corrosion protection and enhanced adhesion.
    Commercial interior adhesive--Materials used in the bonding of 
passenger cabin interior components. These components must meet the FAA 
fireworthiness requirements.
    Compatible substrate primer--Includes two categories: compatible 
epoxy primer and adhesive primer. Compatible epoxy primer is primer that 
is compatible with the filled elastomeric coating and is epoxy based. 
The compatible substrate primer is an epoxy-polyamide primer used to 
promote adhesion of elastomeric coatings such as impact-resistant 
coatings. Adhesive primer is a coating that (1) inhibits corrosion and 
serves as a primer applied to bare metal surfaces or prior to adhesive 
application, or (2) is applied to surfaces that can be expected to 
contain fuel. Fuel tank coatings are excluded from this category.
    Corrosion prevention system--A coating system that provides 
corrosion protection by displacing water and penetrating mating 
surfaces, forming a protective barrier between the metal surface and 
moisture. Coatings containing oils or waxes are excluded from this 
category.
    Critical use and line sealer maskant--A temporary coating, not 
covered under other maskant categories, used to protect selected areas 
of aerospace parts from strong acid or alkaline solutions such as those 
used in anodizing, plating, chemical milling and processing of 
magnesium, titanium, high-strength steel, high-precision aluminum 
chemical milling of deep cuts, and aluminum chemical milling of complex 
shapes. Materials used for repairs or to bridge gaps left by scribing 
operations (i.e. line sealer) are also included in this category.
    Cryogenic flexible primer--A primer designed to provide corrosion 
resistance, flexibility, and adhesion of subsequent coating systems when 
exposed to loads up to and surpassing the yield point of the substrate 
at cryogenic temperatures (-275  deg.F and below).
    Cryoprotective coating--A coating that insulates cryogenic or 
subcooled surfaces to limit propellant boil-off, maintain structural 
integrity of metallic structures during ascent or re-entry, and prevent 
ice formation.
    Cyanoacrylate adhesive--A fast-setting, single component adhesive 
that cures at room temperature. Also known as ``super glue.''
    Dry lubricative material--A coating consisting of lauric acid, cetyl 
alcohol, waxes, or other non-cross linked or resin-bound materials which 
act as a dry lubricant.
    Electric or radiation-effect coating--A coating or coating system 
engineered to interact, through absorption or reflection, with specific 
regions of the electromagnetic energy spectrum, such as the ultraviolet, 
visible, infrared, or microwave regions. Uses include, but are not 
limited to, lightning strike protection, electromagnetic pulse (EMP) 
protection, and radar avoidance. Coatings that have been designated as 
``classified'' by the Department of Defense are exempt.
    Electrostatic discharge and electromagnetic interference (EMI) 
coating--A coating applied to space vehicles, missiles, aircraft 
radomes, and helicopter blades to disperse static energy or reduce 
electromagnetic interference.
    Elevated-temperature Skydrol-resistant commercial primer--A primer 
applied primarily to commercial aircraft (or commercial aircraft adapted 
for military use) that must withstand immersion in phosphate-ester (PE) 
hydraulic fluid (Skydrol 500b or equivalent) at the elevated temperature 
of 150  deg.F for 1,000 hours.
    Epoxy polyamide topcoat--A coating used where harder films are 
required or in some areas where engraving is accomplished in camouflage 
colors.
    Fire-resistant (interior) coating--For civilian aircraft, fire-
resistant interior coatings are used on passenger cabin interior parts 
that are subject to the FAA fireworthiness requirements. For military 
aircraft, fire-resistant interior coatings are used on parts subject to 
the flammability requirements of MIL-STD-1630A and MIL-A-87721. For 
space applications, these coatings are used on parts subject to the 
flammability requirements of SE-R-0006 and SSP 30233.
    Flexible primer--A primer that meets flexibility requirements such 
as those needed for adhesive bond primed fastener heads or on surfaces 
expected to contain fuel. The flexible coating is required because it 
provides a compatible, flexible substrate over bonded sheet rubber and 
rubber-type coatings as well as a flexible bridge between the fasteners, 
skin, and skin-to-skin joints on outer aircraft skins. This flexible 
bridge allows more topcoat flexibility around fasteners and decreases 
the chance of the topcoat cracking around the fasteners. The result is 
better corrosion resistance.
    Flight test coating--A coating applied to aircraft other than 
missiles or single-use aircraft prior to flight testing to protect the 
aircraft from corrosion and to provide required marking during flight 
test evaluation.
    Fuel tank adhesive--An adhesive used to bond components exposed to 
fuel and that must be compatible with fuel tank coatings.
    Fuel tank coating--A coating applied to fuel tank components to 
inhibit corrosion and/or bacterial growth and to assure sealant adhesion 
in extreme environmental conditions.
    High temperature coating--A coating designed to withstand 
temperatures of more than 350  deg.F.
    Insulation covering--Material that is applied to foam insulation to 
protect the insulation from mechanical or environmental damage.

[[Page 889]]

    Intermediate release coating--A thin coating applied beneath 
topcoats to assist in removing the topcoat in depainting operations and 
generally to allow the use of less hazardous depainting methods.
    Lacquer--A clear or pigmented coating formulated with a 
nitrocellulose or synthetic resin to dry by evaporation without a 
chemical reaction. Lacquers are resoluble in their original solvent.
    Metalized epoxy coating--A coating that contains relatively large 
quantities of metallic pigmentation for appearance and/or added 
protection.
    Mold release--A coating applied to a mold surface to prevent the 
molded piece from sticking to the mold as it is removed.
    Nonstructural adhesive--An adhesive that bonds nonload bearing 
aerospace components in noncritical applications and is not covered in 
any other specialty adhesive categories.
    Optical anti-reflection coating--A coating with a low reflectance in 
the infrared and visible wavelength ranges, which is used for anti-
reflection on or near optical and laser hardware.
    Part marking coating--Coatings or inks used to make identifying 
markings on materials, components, and/or assemblies. These markings may 
be either permanent or temporary.
    Pretreatment coating--An organic coating that contains at least 0.5 
percent acids by weight and is applied directly to metal or composite 
surfaces to provide surface etching, corrosion resistance, adhesion, and 
ease of stripping.
    Rain erosion-resistant coating--A coating or coating system used to 
protect the leading edges of parts such as flaps, stabilizers, radomes, 
engine inlet nacelles, etc. against erosion caused by rain impact during 
flight.
    Rocket motor bonding adhesive--An adhesive used in rocket motor 
bonding applications.
    Rocket motor nozzle coating--A catalyzed epoxy coating system used 
in elevated temperature applications on rocket motor nozzles.
    Rubber-based adhesive--Quick setting contact cements that provide a 
strong, yet flexible, bond between two mating surfaces that may be of 
dissimilar materials.
    Scale inhibitor--A coating that is applied to the surface of a part 
prior to thermal processing to inhibit the formation of scale.
    Screen print ink--Inks used in screen printing processes during 
fabrication of decorative laminates and decals.
    Seal coat maskant--An overcoat applied over a maskant to improve 
abrasion and chemical resistance during production operations.
    Sealant--A material used to prevent the intrusion of water, fuel, 
air, or other liquids or solids from certain areas of aerospace vehicles 
or components. There are two categories of sealants: extrudable/
rollable/brushable sealants and sprayable sealants.
    Silicone insulation material--Insulating material applied to 
exterior metal surfaces for protection from high temperatures caused by 
atmospheric friction or engine exhaust. These materials differ from 
ablative coatings in that they are not ``sacrificial.''
    Solid film lubricant--A very thin coating consisting of a binder 
system containing as its chief pigment material one or more of the 
following: molybdenum, graphite, polytetrafluoroethylene (PTFE), or 
other solids that act as a dry lubricant between faying surfaces.
    Specialized function coatings--Coatings that fulfill extremely 
specific engineering requirements that are limited in application and 
are characterized by low volume usage. This category excludes coatings 
covered in other Specialty Coating categories.
    Structural autoclavable adhesive--An adhesive used to bond load-
carrying aerospace components that is cured by heat and pressure in an 
autoclave.
    Structural nonautoclavable adhesive--An adhesive cured under ambient 
conditions that is used to bond load-carrying aerospace components or 
for other critical functions, such as nonstructural bonding in the 
proximity of engines.
    Temporary protective coating--A coating applied to provide scratch 
or corrosion protection during manufacturing, storage, or 
transportation. Two types include peelable protective coatings and 
alkaline removable coatings. These materials are not intended to protect 
against strong acid or alkaline solutions. Coatings that provide this 
type of protection from chemical processing are not included in this 
category.
    Thermal control coating--Coatings formulated with specific thermal 
conductive or radiative properties to permit temperature control of the 
substrate.
    Touch-up and Repair Coating--A coating used to cover minor coating 
imperfections appearing after the main coating operation.
    Wet fastener installation coating--A primer or sealant applied by 
dipping, brushing, or daubing to fasteners that are installed before the 
coating is cured.
    Wing coating--A corrosion-resistant topcoat that is resilient enough 
to withstand the flexing of the wings.

[63 FR 15026, Mar. 27, 1998]



  Subpart HH--National Emission Standards for Hazardous Air Pollutants 
             From Oil and Natural Gas Production Facilities

    Source: 64 FR 32628, June 17, 1999, unless otherwise noted.

[[Page 890]]



Sec. 63.760   Applicability and designation of affected source.

    (a) This subpart applies to the owners and operators of the emission 
points, specified in paragraph (b) of this section that are located at 
oil and natural gas production facilities that meet the specified 
criteria in paragraphs (a)(1) and either (a)(2) or (a)(3) of this 
section.
    (1) Major sources of hazardous air pollutants (HAP) as determined 
using the maximum natural gas or hydrocarbon liquid throughput, as 
appropriate, calculated in paragraphs (a)(1)(i) through (a)(1)(iii) of 
this section. A facility that is determined to be an area source based 
on emission estimates using the maximum natural gas or hydrocarbon 
throughput calculated as specified in paragraphs (a)(1)(i) through (iii) 
of this section, but subsequently increases emissions or potential to 
emit above the major source levels (without first obtaining and 
complying with other limitations that keep its potential to emit HAP 
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 specified in paragraph (f) of this 
section. Nothing in this paragraph is intended to preclude a source from 
limiting its potential to emit through other appropriate mechanisms that 
may be available through the permitting authority.
    (i) If the owner or operator documents, to the Administrator's 
satisfaction, a decline in annual natural gas or hydrocarbon liquid 
throughput, as appropriate, each year for the 5 years prior to June 17, 
1999, the owner or operator shall calculate the maximum natural gas or 
hydrocarbon liquid throughput used to determine maximum potential 
emissions according to the requirements specified in paragraph 
(a)(1)(i)(A) of this section. In all other circumstances, the owner or 
operator shall calculate the maximum throughput used to determine 
whether a facility is a major source in accordance with the requirements 
specified in paragraph (a)(1)(i)(B) of this section.
    (A) The maximum natural gas or hydrocarbon liquid throughput is the 
average of the annual natural gas or hydrocarbon liquid throughput for 
the 3 years prior to June 17, 1999, multiplied by a factor of 1.2.
    (B) The maximum natural gas or hydrocarbon liquid throughput is the 
highest annual natural gas or hydrocarbon liquid throughput over the 5 
years prior to June 17, 1999, multiplied by a factor of 1.2.
    (ii) The owner or operator shall maintain records of the annual 
facility natural gas or hydrocarbon liquid throughput each year and upon 
request submit such records to the Administrator. If the facility annual 
natural gas or hydrocarbon liquid throughput increases above the maximum 
natural gas or hydrocarbon liquid throughput calculated in paragraph 
(a)(1)(i)(A) or (a)(1)(i)(B) of this section, the maximum natural gas or 
hydrocarbon liquid throughput must be recalculated using the higher 
throughput multiplied by a factor of 1.2.
    (iii) The owner or operator shall determine the maximum values for 
other parameters used to calculate emissions as the maximum for the 
period over which the maximum natural gas or hydrocarbon liquid 
throughput is determined in accordance with paragraph (a)(1)(i)(A) or 
(B) of this section. Parameters shall be based on either highest 
measured values or annual average.
    (2) Facilities that process, upgrade, or store hydrocarbon liquids 
prior to the point of custody transfer.
    (3) Facilities that process, upgrade, or store natural gas prior to 
the point at which natural gas enters the natural gas transmission and 
storage source category or is delivered to a final end user. For the 
purposes of this subpart, natural gas enters the natural gas 
transmission and storage source category after the natural gas 
processing plant, when present. If no natural gas processing plant is 
present, natural gas enters the natural gas transmission and storage 
source category after the point of custody transfer.
    (b) The affected sources to which the provisions of this subpart 
apply shall comprise each emission point located at a facility that 
meets the criteria specified in paragraph (a) of this section and listed 
in paragraphs (b)(1) through (4) of this section.
    (1) Each glycol dehydration unit;

[[Page 891]]

    (2) Each storage vessel with the potential for flash emissions;
    (3) The group of all ancillary equipment, except compressors, 
intended to operate in volatile hazardous air pollutant service (as 
defined in Sec. 63.761), which are located at natural gas processing 
plants; and
    (4) Compressors intended to operate in volatile hazardous air 
pollutant service (as defined in Sec. 63.761), which are located at 
natural gas processing plants.
    (c) [Reserved]
    (d) The owner and operator of a facility that does not contain an 
affected source as specified in paragraph (b) of this section are not 
subject to the requirements of this subpart.
    (e) Exemptions. The facilities listed in paragraphs (e)(1) and 
(e)(2) of this section are exempt from the requirements of this subpart. 
Records shall be maintained as required in Sec. 63.10(b)(3).
    (1) A facility that exclusively processes, stores, or transfers 
black oil (as defined in Sec. 63.761) is not subject to the requirements 
of this subpart. For the purposes of this subpart, a black oil facility 
that uses natural gas for fuel or generates gas from black oil shall 
qualify for this exemption.
    (2) A facility, prior to the point of custody transfer, with a 
facilitywide actual annual average natural gas throughput less than 18.4 
thousand standard cubic meters per day and a facilitywide actual annual 
average hydrocarbon liquid throughput less than 39,700 liters per day.
    (f) The owner or operator of an affected source shall achieve 
compliance with the provisions of this subpart by the dates specified in 
paragraphs (f)(1) and (f)(2) of this section.
    (1) The owner or operator of an affected source, the construction or 
reconstruction of which commenced before February 6, 1998, shall achieve 
compliance with provisions of this subpart no later than June 17, 2002 
except as provided for in Sec. 63.6(i). The owner or operator of an area 
source, the construction or reconstruction of which commenced before 
February 6, 1998, 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 3 years after becoming a 
major source.
    (2) The owner or operator of an affected source, the construction or 
reconstruction of which commences on or after February 6, 1998, shall 
achieve compliance with the provisions of this subpart immediately upon 
initial startup or June 17, 1999, whichever date is later. Area sources, 
the construction or reconstruction of which commences on or after 
February 6, 1998, that become major sources shall comply with the 
provisions of this standard immediately upon becoming a major source.
    (g) The following provides owners or operators of an affected source 
with information on overlap of this subpart with other regulations for 
equipment leaks. The owner or operator shall document that they are 
complying with other regulations by keeping the records specified in 
Sec. 63.774(b)(9).
    (1) After the compliance dates specified in paragraph (f) of this 
section, ancillary equipment and compressors that are subject to this 
subpart and that are also subject to and controlled under the provisions 
of 40 CFR part 60, subpart KKK, are only required to comply with the 
requirements of 40 CFR part 60, subpart KKK.
    (2) After the compliance dates specified in paragraph (f) of this 
section, ancillary equipment and compressors that are subject to this 
subpart and are also subject to and controlled under the provisions of 
40 CFR part 61, subpart V, are only required to comply with the 
requirements of 40 CFR part 61, subpart V.
    (3) After the compliance dates specified in paragraph (f) of this 
section, ancillary equipment and compressors that are subject to this 
subpart and are also subject to and controlled under the provisions of 
40 CFR part 63, subpart H, are only required to comply with the 
requirements of 40 CFR part 63, subpart H.
    (h) An owner or operator of an affected source that is a major 
source or is located at a major source and is subject to the provisions 
of this subpart is also subject to 40 CFR part 70 or part 71 operating 
permit requirements.

[[Page 892]]



Sec. 63.761  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Clean Air Act (Act), subpart A of this part (General Provisions), 
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.
    Alaskan North Slope means the approximately 180,000 square kilometer 
area (69,000 square mile area) extending from the Brooks Range to the 
Arctic Ocean.
    Ancillary equipment means any of the following pieces of equipment: 
pumps, pressure relief devices, sampling connection systems, open-ended 
valves, or lines, valves, flanges, or other connectors.
    API gravity means the weight per unit volume of hydrocarbon liquids 
as measured by a system recommended by the American Petroleum Institute 
(API) and is expressed in degrees.
    Associated equipment, as used in this subpart and as referred to in 
section 112(n)(4) of the Act, means equipment associated with an oil or 
natural gas exploration or production well, and includes all equipment 
from the wellbore to the point of custody transfer, except glycol 
dehydration units and storage vessels with the potential for flash 
emissions.
    Black oil means hydrocarbon (petroleum) liquid with an initial 
producing gas-to-oil ratio (GOR) less than 0.31 cubic meters per liter 
and an API gravity less than 40 degrees.
    Boiler means an enclosed device using controlled flame combustion 
and having the primary purpose of recovering and exporting thermal 
energy in the form of steam or hot water. Boiler also means any 
industrial furnace as defined in 40 CFR 260.10.
    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 
one or more control devices. If gas or vapor from regulated equipment is 
routed to a process (e.g., to a fuel gas system), the conveyance system 
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 HAP emissions.
    Condensate means hydrocarbon liquid separated from natural gas that 
condenses due to changes in the temperature, pressure, or both, and 
remains liquid at standard conditions, as specified in Sec. 63.2.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every hour or records 
hourly or more frequent block average values.
    Control device means any equipment used for recovering or oxidizing 
HAP or volatile organic compound (VOC) vapors. Such equipment includes, 
but is not limited to, absorbers, carbon adsorbers, condensers, 
incinerators, flares, boilers, and process heaters. For the purposes of 
this subpart, if gas or vapor from regulated equipment is used, reused 
(i.e., injected into the flame zone of a combustion device), returned 
back to the process, or sold, then the recovery system used, including 
piping, connections, and flow inducing devices, is not considered to be 
control devices or closed-vent systems.
    Cover means a device which is placed on top of or over a material 
such that the entire surface area of the material is enclosed and 
sealed. A cover may have openings (such as access hatches, sampling 
ports, and gauge wells) if those openings are necessary for operation, 
inspection, maintenance, or repair of the unit on which the cover is 
installed, provided that each opening is closed and sealed when the 
opening is not in use. In addition, a cover may have one or more safety 
devices. Examples of a cover include, but are not limited to, a fixed-
roof installed on a tank, an external floating roof installed on a tank, 
and a lid installed on a drum or other container.
    Custody transfer means the transfer of hydrocarbon liquids or 
natural gas: after processing and/or treatment in

[[Page 893]]

the producing operations, or from storage vessels or automatic transfer 
facilities or other such equipment, including product loading racks, to 
pipelines or any other forms of transportation. For the purposes of this 
subpart, the point at which such liquids or natural gas enters a natural 
gas processing plant is a point of custody transfer.
    Equipment leaks means emissions of HAP from ancillary equipment (as 
defined in this section) and compressors.
    Facility means any grouping of equipment where hydrocarbon liquids 
are processed, upgraded (i.e., remove impurities or other constituents 
to meet contract specifications), or stored prior to the point of 
custody transfer; or where natural gas is processed, upgraded, or stored 
prior to entering the natural gas transmission and storage source 
category. For the purpose of a major source determination, facility 
(including a building, structure, or installation) means oil and natural 
gas production and processing equipment that is located within the 
boundaries of an individual surface site as defined in this section. 
Equipment that is part of a facility will typically be located within 
close proximity to other equipment located at the same facility. Pieces 
of production equipment or groupings of equipment located on different 
oil and gas leases, mineral fee tracts, lease tracts, subsurface or 
surface unit areas, surface fee tracts, surface lease tracts, or 
separate surface sites, whether or not connected by a road, waterway, 
power line or pipeline, shall not be considered part of the same 
facility. Examples of facilities in the oil and natural gas production 
source category include, but are not limited to, well sites, satellite 
tank batteries, central tank batteries, a compressor station that 
transports natural gas to a natural gas processing plant, and natural 
gas processing plants.
    Field natural gas means natural gas extracted from a production well 
prior to entering the first stage of processing, such as dehydration.
    Fixed-roof means a cover that is mounted on a 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 
combustion device occupied by the flame envelope.
    Flash tank. See the definition for gas-condensate-glycol (GCG) 
separator.
    Flow indicator means a device which indicates whether gas flow is 
present in a line or whether the valve position would allow gas flow to 
be present in a line.
    Gas-condensate-glycol (GCG) separator means a two- or three-phase 
separator through which the ``rich'' glycol stream of a glycol 
dehydration unit is passed to remove entrained gas and hydrocarbon 
liquid. The GCG separator is commonly referred to as a flash separator 
or flash tank.
    Gas-to-oil ratio (GOR) means the number of standard cubic meters of 
gas produced per liter of crude oil or other hydrocarbon liquid.
    Glycol dehydration unit means a device in which a liquid glycol 
(including, but not limited to, ethylene glycol, diethylene glycol, or 
triethylene glycol) absorbent directly contacts a natural gas stream and 
absorbs water in a contact tower or absorption column (absorber). The 
glycol contacts and absorbs water vapor and other gas stream 
constituents from the natural gas and becomes ``rich'' glycol. This 
glycol is then regenerated in the glycol dehydration unit reboiler. The 
``lean'' glycol is then recycled.
    Glycol dehydration unit baseline operations means operations 
representative of the glycol dehydration unit operations as of June 17, 
1999. For the purposes of this subpart, for determining the percentage 
of overall HAP emission reduction attributable to process modifications, 
baseline operations shall be parameter values (including, but not 
limited to, glycol circulation rate or glycol-HAP absorbency) that 
represent actual long-term conditions (i.e., at least 1 year). Glycol 
dehydration units in operation for less than 1 year shall document that 
the parameter values represent expected long-term operating conditions 
had process modifications not been made.
    Glycol dehydration unit process vent means either the glycol 
dehydration unit reboiler vent and the vent from the GCG separator 
(flash tank), if present.

[[Page 894]]

    Glycol dehydration unit reboiler vent means the vent through which 
exhaust from the reboiler of a glycol dehydration unit passes from the 
reboiler to the atmosphere or to a control device.
    Hazardous air pollutants or HAP means the chemical compounds listed 
in section 112(b) of the Clean Air Act. All chemical compounds listed in 
section 112(b) of the Act need to be considered when making a major 
source determination. Only the HAP compounds listed in Table 1 of this 
subpart need to be considered when determining compliance.
    Hydrocarbon liquid means any naturally occurring, unrefined 
petroleum liquid.
    In VHAP service means that a piece of ancillary equipment or 
compressor either contains or contacts a fluid (liquid or gas) which has 
a total volatile HAP (VHAP) concentration equal to or greater than 10 
percent by weight as determined according to the provisions of 
Sec. 63.772(a).
    In wet gas service means that a piece of equipment contains or 
contacts the field gas before the extraction of natural gas liquids.
    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 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.
    Initial producing GOR means the producing standard cubic meters of 
gas per liter at the time that the reservoir pressure is above the 
bubble point pressure (or dewpoint pressure for a gas).
    Initial startup means the first time a new or reconstructed source 
begins production. For the purposes of this subpart, initial startup 
does not include subsequent startups (as defined in this section) of 
equipment, for example, following malfunctions or shutdowns.
    Major source, as used in this subpart, shall have the same meaning 
as in Sec. 63.2, except that: (1) Emissions from any oil or gas 
exploration or production well (with its associated equipment (as 
defined in this section)) and emissions from any pipeline compressor 
station or pump station shall not be aggregated with emissions from 
other similar units, to determine whether such emission points or 
stations are major sources, even when emission points are in a 
contiguous area or under common control; (2) Emissions from processes, 
operations, or equipment that are not part of the same facility, as 
defined in this section, shall not be aggregated; and (3) For facilities 
that are production field facilities, only HAP emissions from glycol 
dehydration units and storage tanks with flash emission potential shall 
be aggregated for a major source determination.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
nonhydrocarbon gases found in geologic formations beneath the earth's 
surface. The principal hydrocarbon constituent is methane.
    Natural gas liquids (NGL) means the liquid hydrocarbons, such as 
ethane, propane, butane, pentane, natural gasoline, and condensate that 
are extracted from field natural gas.
    Natural gas processing plant (gas plant) means any processing site 
engaged in the extraction of natural gas liquids from field gas, or the 
fractionation of mixed NGL to natural gas products, or a combination of 
both.
    No detectable emissions means no escape of HAP from a device or 
system to the atmosphere as determined by:
    (1) Instrument monitoring results in accordance with the 
requirements of Sec. 63.772(c); and
    (2) The absence of visible openings or defects in the device or 
system, such as rips, tears, or gaps.
    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, indicates that an owner or operator has

[[Page 895]]

complied with an applicable operating parameter limitation, over the 
appropriate averaging period as specified in Sec. 63.772(f) or (g).
    Operating permit means a permit required by 40 CFR part 70 or part 
71.
    Organic monitoring device means an instrument used to indicate the 
concentration level of organic compounds exiting a control device based 
on a detection principle such as infra-red, photoionization, or thermal 
conductivity.
    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 device using a controlled flame, 
the primary purpose of which is to transfer heat to a process fluid or 
process material that is not a fluid, or to a heat transfer material for 
use in a process (rather than for steam generation).
    Produced water means water that is extracted from the earth from an 
oil or natural gas production well, or that is separated from crude oil, 
condensate, or natural gas after extraction.
    Production field facilities means those facilities located prior to 
the point of custody transfer.
    Production well means any hole drilled in the earth from which crude 
oil, condensate, or field natural gas is extracted.
    Reciprocating compressor means a piece of equipment that increases 
the pressure of a process gas by positive displacement, employing linear 
movement of the drive shaft.
    Relief device means a device used only to release an unplanned, non-
routine discharge in order to avoid safety hazards or equipment damage. 
A relief device 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.
    Safety device means a device that meets both of the following 
conditions: it is not used for planned or routine venting of liquids, 
gases, or fumes from the unit or equipment on which the device is 
installed; and it remains in a closed, sealed position at all times 
except when an unplanned event requires that the device open for the 
purpose of preventing physical damage or permanent deformation of the 
unit or equipment on which the device is installed in accordance with 
good engineering and safety practices for handling flammable, 
combustible, explosive, or other hazardous materials. Examples of 
unplanned events which may require a safety device to open include 
failure of an essential equipment component or a sudden power outage.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of a glycol dehydration unit, or other affected source under 
this subpart, or equipment required or used solely to comply with this 
subpart.
    Startup means the setting into operation of a glycol dehydration 
unit, or other affected equipment under this subpart, or equipment 
required or used to comply with this subpart. Startup includes initial 
startup and operation solely for the purpose of testing equipment.
    Storage vessel means a tank or other vessel that is designed to 
contain an accumulation of crude oil, condensate, intermediate 
hydrocarbon liquids, or produced water and that is constructed primarily 
of non-earthen materials (e.g., wood, concrete, steel, plastic) that 
provide structural support.
    Storage vessel with the potential for flash emissions means any 
storage vessel that contains a hydrocarbon liquid with a stock tank GOR 
equal to or greater than 0.31 cubic meters per liter and an API gravity 
equal to or greater than 40 degrees and an actual annual average 
hydrocarbon liquid throughput equal to or greater than 79,500 liters per 
day. Flash emissions occur when dissolved hydrocarbons in the fluid 
evolve from solution when the fluid pressure is reduced.
    Surface site means any combination of one or more graded pad sites, 
gravel pad sites, foundations, platforms, or the immediate physical 
location upon which equipment is physically affixed.
    Tank battery means a collection of equipment used to separate, 
treat,

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store, and transfer crude oil, condensate, natural gas, and produced 
water. A tank battery typically receives crude oil, condensate, natural 
gas, or some combination of these extracted products from several 
production wells for accumulation and separation prior to transmission 
to a natural gas plant or petroleum refinery. A tank battery may or may 
not include a glycol dehydration unit.
    Temperature monitoring device means an instrument used to monitor 
temperature and having a minimum accuracy of 2 percent of 
the temperature being monitored expressed in  deg.C, or 2.5 
deg.C, whichever is greater. The temperature monitoring device may 
measure temperature in degrees Fahrenheit or degrees Celsius, or both.
    Total organic compounds or TOC, as used in this subpart, means those 
compounds which can be measured according to the procedures of Method 
18, 40 CFR part 60, appendix A.
    Volatile hazardous air pollutant concentration or VHAP concentration 
means the fraction by weight of all HAP contained in a material as 
determined in accordance with procedures specified in Sec. 63.772(a).



Sec. 63.762  Startups, shutdowns, and malfunctions.

    (a) The provisions set forth in this subpart shall apply at all 
times except during startups or shutdowns, during malfunctions, and 
during periods of non-operation of the affected sources (or specific 
portion thereof) resulting in cessation of the emissions to which this 
subpart applies. However, during the startup, shutdown, malfunction, or 
period of non-operation of one portion of an affected source, all 
emission points which can comply with the specific provisions to which 
they are subject must do so during the startup, shutdown, malfunction, 
or period of non-operation.
    (b) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with the provisions of this 
subpart during times when emissions are being routed to such items of 
equipment, if the shutdown would contravene requirements of this subpart 
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 
startup, shutdown, or malfunction of the affected source or a portion 
thereof.
    (c) During startups, shutdowns, and malfunctions when the 
requirements of this subpart do not apply pursuant to paragraphs (a) and 
(b) of this section, the owner or operator shall implement, to the 
extent reasonably available, measures to prevent or minimize excess 
emissions to the maximum 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 startup, shutdown, or 
malfunction, and the owner or operator complied with the relevant 
provisions of this subpart. The measures to be taken shall be identified 
in the applicable startup, 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.
    (d) The owner or operator shall prepare a startup, shutdown, or 
malfunction plan as required in Sec. 63.6(e)(3) except that the plan is 
not required to be incorporated by reference into the source's title V 
permit as specified in Sec. 63.6(e)(3)(i). Instead, the owner or 
operator shall keep the plan on record as required by 
Sec. 63.6(e)(3)(v). The failure of the plan to adequately minimize 
emissions during startup, shutdown, or malfunctions does not shield an 
owner or operator from enforcement actions.



Sec. 63.763  [Reserved]



Sec. 63.764  General standards.

    (a) Table 1 of this subpart specifies the provisions of subpart A 
(General Provisions) that apply and those that do not apply to owners 
and operators of affected sources subject to this subpart.
    (b) All reports required under this subpart shall be sent to the 
Administrator at the appropriate address listed

[[Page 897]]

in Sec. 63.13. Reports may be submitted on electronic media.
    (c) Except as specified in paragraph (e) of this section, the owner 
or operator of an affected source located at an existing or new major 
source of HAP emissions shall comply with the standards in this subpart 
as specified in paragraphs (c)(1) through (3) of this section.
    (1) For each glycol dehydration unit process vent subject to this 
subpart, the owner or operator shall comply with the requirements 
specified in paragraphs (c)(1)(i) through (iii) of this section.
    (i) The owner or operator shall comply with the control requirements 
for glycol dehydration unit process vents specified in Sec. 63.765;
    (ii) The owner or operator shall comply with the monitoring 
requirements specified in Sec. 63.773; and
    (iii) The owner or operator shall comply with the recordkeeping and 
reporting requirements specified in Secs. 63.774 and 63.775.
    (2) For each storage vessel with the potential for flash emissions 
subject to this subpart, the owner or operator shall comply with the 
requirements specified in paragraphs (c)(2)(i) through (iii) of this 
section.
    (i) The control requirements for storage vessels specified in 
Sec. 63.766;
    (ii) The monitoring requirements specified in Sec. 63.773; and
    (iii) The recordkeeping and reporting requirements specified in 
Secs. 63.774 and 63.775.
    (3) For ancillary equipment (as defined in Sec. 63.761) and 
compressors at a natural gas processing plant subject to this subpart, 
the owner or operator shall comply with the requirements for equipment 
leaks specified in Sec. 63.769.
    (d) [Reserved]
    (e) Exemptions. (1) The owner or operator is exempt from the 
requirements of paragraph (c)(1) of this section if the criteria listed 
in paragraph (e)(1)(i) or (e)(1)(ii) are met. Records of the 
determination of these criteria must be maintained as required in 
Sec. 63.774(d)(1) of this subpart.
    (i) The actual annual average flowrate of natural gas to the glycol 
dehydration unit is less than 85 thousand standard cubic meters per day, 
as determined by the procedures specified in Sec. 63.772(b)(1) of this 
subpart; or
    (ii) The actual average emissions of benzene from the glycol 
dehydration unit process vent to the atmosphere are less than 0.90 
megagram per year, as determined by the procedures specified in 
Sec. 63.772(b)(2) of this subpart.
    (2) The owner or operator is exempt from the requirements of 
paragraph (c)(3) of this section for ancillary equipment (as defined in 
Sec. 63.761) and compressors at a natural gas processing plant subject 
to this subpart, if the criteria listed in paragraphs (e)(2)(i) and 
(e)(2)(ii) are met. Records of the determination of these criteria must 
be maintained as required in Sec. 63.774(d)(2) of this subpart.
    (i) Any ancillary equipment and compressors that contain or contact 
a fluid (liquid or gas) must have a total VHAP concentration less than 
10 percent by weight, as determined by the procedures specified in 
Sec. 63.772(a) of this subpart; and
    (ii) That ancillary equipment and compressors must operate in VHAP 
service less than 300 hours per calendar year.
    (f) Each owner or operator of a major HAP source subject to this 
subpart is required to apply for a 40 CFR part 70 or part 71 operating 
permit from the appropriate permitting authority. If the Administrator 
has approved a State operating permit program under 40 CFR part 70, the 
permit shall be obtained from the State authority. If a State operating 
permit program has not been approved, the owner or operator of a source 
shall apply to the EPA Regional Office pursuant to 40 CFR part 71.
    (g)-(h)[Reserved]
    (i) 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 standard to fail to take action to 
repair the leak(s) within the specified time. If action is taken to 
repair the leak(s) within the specified time, failure of that action to 
successfully repair the leak(s) is not a violation of this standard. 
However, if the repairs are unsuccessful, a leak is detected and the 
owner or operator shall

[[Page 898]]

take further action as required by the applicable provisions of this 
subpart.



Sec. 63.765  Glycol dehydration unit process vent standards.

    (a) This section applies to each glycol dehydration unit subject to 
this subpart with an actual annual average natural gas flowrate equal to 
or greater than 85 thousand standard cubic meters per day and with 
actual average benzene glycol dehydration unit process vent emissions 
equal to or greater than 0.90 megagrams per year, that must be 
controlled for HAP emissions as specified in Sec. 63.764(c)(1)(i).
    (b) Except as provided in paragraph (c) of this section, an owner or 
operator of a glycol dehydration unit process vent shall comply with the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) For each glycol dehydration unit process vent, the owner or 
operator shall control air emissions by either paragraph (b)(1)(i) or 
(b)(1)(ii) of this section.
    (i) The owner or operator shall connect the process vent to a 
control device or a combination of control devices through a closed-vent 
system. The closed-vent system shall be designed and operated in 
accordance with the requirements of Sec. 63.771(c). The control 
device(s) shall be designed and operated in accordance with the 
requirements of Sec. 63.771(d).
    (ii) The owner or operator shall connect the process vent to a 
control device or combination of control devices through a closed-vent 
system and the outlet benzene emissions from the control device(s) shall 
be reduced to a level less than 0.90 megagrams per year. The closed-vent 
system shall be designed and operated in accordance with the 
requirements of Sec. 63.771(c). The control device(s) shall be designed 
and operated in accordance with the requirements of Sec. 63.771(d), 
except that the performance levels specified in Sec. 63.771(d)(1)(i) and 
(ii) do not apply.
    (2) One or more safety devices that vent directly to the atmosphere 
may be used on the air emission control equipment installed to comply 
with paragraph (b)(1) of this section.
    (c) As an alternative to the requirements of paragraph (b) of this 
section, the owner or operator may comply with one of the requirements 
specified in paragraphs (c)(1) through (3) of this section.
    (1) The owner or operator shall control air emissions by connecting 
the process vent to a process natural gas line.
    (2) The owner or operator shall demonstrate, to the Administrator's 
satisfaction, that the total HAP emissions to the atmosphere from the 
glycol dehydration unit process vent are reduced by 95.0 percent through 
process modifications, or a combination of process modifications and one 
or more control devices, in accordance with the requirements specified 
in Sec. 63.771(e).
    (3) Control of HAP emissions from a GCG separator (flash tank) vent 
is not required if the owner or operator demonstrates, to the 
Administrator's satisfaction, that total emissions to the atmosphere 
from the glycol dehydration unit process vent are reduced by one of the 
levels specified in paragraphs (c)(3)(i) through (c)(3)(ii) of this 
section, through the installation and operation of controls as specified 
in paragraph (b)(1) of this section.
    (i) HAP emissions are reduced by 95.0 percent or more.
    (ii) Benzene emissions are reduced to a level less than 0.90 
megagrams per year.



Sec. 63.766  Storage vessel standards.

    (a) This section applies to each storage vessel with the potential 
for flash emissions (as defined in Sec. 63.761) subject to this subpart.
    (b) The owner or operator of a storage vessel with the potential for 
flash emissions (as defined in Sec. 63.761) shall comply with one of the 
control requirements specified in paragraphs (b)(1) and (2) of this 
section.
    (1) The owner or operator shall equip the affected storage vessel 
with the potential for flash emissions with a cover that is connected, 
through a closed-vent system that meets the conditions specified in 
Sec. 63.771(c), to a control device or a combination of control devices 
that meets any of the conditions specified in Sec. 63.771(d). The cover 
shall be designed and operated in accordance with the requirements of 
Sec. 63.771(b).

[[Page 899]]

    (2) The owner or operator of a pressure storage vessel that is 
designed to operate as a closed system shall operate the storage vessel 
with no detectable emissions at all times that material is in the 
storage vessel, except as provided for in paragraph (c) of this section.
    (c) One or more safety devices that vent directly to the atmosphere 
may be used on the storage vessel and air emission control equipment 
complying with paragraphs (b)(1) and (2) of this section.
    (d) This section does not apply to storage vessels for which the 
owner or operator is meeting the requirements specified in 40 CFR part 
60, subpart Kb; or is meeting the requirements specified in 40 CFR part 
63, subparts G or CC.



Secs. 63.767-63.768  [Reserved]



Sec. 63.769  Equipment leak standards.

    (a) This section applies to equipment subject to this subpart, 
located at natural gas processing plants and specified in paragraphs 
(a)(1) and (a)(2) of this section, that contains or contacts a fluid 
(liquid or gas) that has a total VHAP concentration equal to or greater 
than 10 percent by weight (determined according to the procedures 
specified in Sec. 63.772(a)) and that operates in VHAP service equal to 
or greater than 300 hours per calendar year.
    (1) Ancillary equipment, as defined in Sec. 63.761; and
    (2) Compressors.
    (b) This section does not apply to ancillary equipment and 
compressors for which the owner or operator is meeting the requirements 
specified in subpart H of this part; or is meeting the requirements 
specified in 40 CFR part 60, subpart KKK.
    (c) For each piece of ancillary equipment and each compressor 
subject to this section located at an existing or new source, the owner 
or operator shall meet the requirements specified in 40 CFR part 61, 
subpart V, Secs. 61.241 through 61.247, except as specified in 
paragraphs (c)(1) through (8) of this section.
    (1) Each pressure relief device in gas/vapor service shall be 
monitored quarterly and within 5 days after each pressure release to 
detect leaks, except under the following conditions.
    (i) The owner or operator has obtained permission from the 
Administrator to use an alternative means of emission limitation that 
achieves a reduction in emissions of VHAP at least equivalent to that 
achieved by the control required in this subpart.
    (ii) The pressure relief device is located in a nonfractionating 
facility that is monitored only by non-facility personnel, it may be 
monitored after a pressure release the next time the monitoring 
personnel are on site, instead of within 5 days. Such a pressure relief 
device shall not be allowed to operate for more than 30 days after a 
pressure release without monitoring.
    (2) For pressure relief devices, if an instrument reading of 10,000 
parts per million or greater is measured, a leak is detected.
    (3) For pressure relief devices, when a leak is detected, it shall 
be repaired as soon as practicable, but no later than 15 calendar days 
after it is detected, unless a delay in repair of equipment is granted 
under 40 CFR 61.242-10.
    (4) Sampling connection systems are exempt from the requirements of 
40 CFR 61.242-5.
    (5) Pumps in VHAP service, valves in gas/vapor and light liquid 
service, and pressure relief devices in gas/vapor service that are 
located at a nonfractionating plant that does not have the design 
capacity to process 283,000 standard cubic meters per day or more of 
field gas are exempt from the routine monitoring requirements of 40 CFR 
61.242-2(a)(1) and 61.242-7(a), and paragraphs (c)(1) through (3) of 
this section.
    (6) Pumps in VHAP service, valves in gas/vapor and light liquid 
service, and pressure relief devices in gas/vapor service located within 
a natural gas processing plant that is located on the Alaskan North 
Slope are exempt from the routine monitoring requirements of 40 CFR 
61.242-2(a)(1) and 61.242-7(a), and (c)(1) through (3) of this section.
    (7) Reciprocating compressors in wet gas service are exempt from the 
compressor control requirements of 40 CFR 61.242-3.

[[Page 900]]

    (8) Flares used to comply with this subpart shall comply with the 
requirements of Sec. 63.11(b).



Sec. 63.770  [Reserved]



Sec. 63.771  Control equipment requirements.

    (a) This section applies to each cover, closed-vent system, and 
control device installed and operated by the owner or operator to 
control air emissions as required by the provisions of this subpart. 
Compliance with paragraphs (b), (c), and (d) of this section will be 
determined by review of the records required by Sec. 63.774 and the 
reports required by Sec. 63.775, by review of performance test results, 
and by inspections.
    (b) Cover requirements. (1) The cover and all openings on the cover 
(e.g., access hatches, sampling ports, and gauge wells) shall be 
designed to form a continuous barrier over the entire surface area of 
the liquid in the tank.
    (2) Each cover opening shall be secured in a closed, sealed position 
(e.g., covered by a gasketed lid or cap) whenever material is in the 
unit on which the cover is installed except during those times when it 
is necessary to use an opening as follows:
    (i) To add material to, or remove material from the unit (this 
includes openings necessary to equalize or balance the internal pressure 
of the unit following changes in the level of the material in the unit);
    (ii) To inspect or sample the material in the unit;
    (iii) To inspect, maintain, repair, or replace equipment located 
inside the unit; or
    (iv) To vent liquids, gases, or fumes from the unit through a 
closed-vent system to a control device designed and operated in 
accordance with the requirements of paragraphs (c) and (d) of this 
section.
    (c) Closed-vent system requirements. (1) The closed-vent system 
shall route all gases, vapors, and fumes emitted from the material in a 
HAP emissions unit to a control device that meets the requirements 
specified in paragraph (d) of this section.
    (2) The closed-vent system shall be designed and operated with no 
detectable emissions.
    (3) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, the owner or operator shall meet 
the requirements specified in paragraphs (c)(3)(i) and (c)(3)(ii) of 
this section.
    (i) For each bypass device, except as provided for in paragraph 
(c)(3)(ii) of this section, the owner or operator shall either:
    (A) Properly install, calibrate, maintain, and operate a flow 
indicator at the inlet to the bypass device that could divert the stream 
away from the control device to the atmosphere that takes a reading at 
least once every 15 minutes and sounds an alarm when the bypass device 
is open such that the stream is being, or could be, diverted away from 
the control device to the atmosphere; or
    (B) Secure the bypass device valve installed at the inlet to the 
bypass device in the non-diverting position using a car-seal or a lock-
and-key type configuration. The owner or operator shall visually inspect 
the seal or closure mechanism at least once every month to verify that 
the valve is maintained in the non-diverting position and the vent 
stream is not diverted through the bypass device.
    (ii) Low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and safety devices are not subject to the requirements 
of paragraph (c)(3)(i) of this section.
    (d) Control device requirements. (1) The control device used to 
reduce HAP emissions in accordance with the standards of this subpart 
shall be one of the control devices specified in paragraphs (d)(1)(i) 
through (iii) of this section.
    (i) An enclosed combustion device (e.g., thermal vapor incinerator, 
catalytic vapor incinerator, boiler, or process heater) that is designed 
and operated in accordance with one of the following performance 
requirements:
    (A) Reduces the mass content of either TOC or total HAP in the gases 
vented to the device by 95.0 percent by weight or greater as determined 
in accordance with the requirements of Sec. 63.772(e); or

[[Page 901]]

    (B) Reduces the concentration of either TOC or total HAP in the 
exhaust gases at the outlet to the device to a level equal to or less 
than 20 parts per million by volume on a dry basis corrected to 3 
percent oxygen as determined in accordance with the requirements of 
Sec. 63.772(e); or
    (C) Operates at a minimum residence time of 0.5 seconds at a minimum 
temperature of 760 deg.C.
    (D) 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.
    (ii) A vapor recovery device (e.g., carbon adsorption system or 
condenser) or other control device that is designed and operated to 
reduce the mass content of either TOC or total HAP in the gases vented 
to the device by 95.0 percent by weight or greater as determined in 
accordance with the requirements of Sec. 63.772(e).
    (iii) A flare that is designed and operated in accordance with the 
requirements of Sec. 63.11(b).
    (2) [Reserved]
    (3) The owner or operator shall demonstrate that a control device 
achieves the performance requirements of paragraph (d)(1) of this 
section as specified in Sec. 63.772(e).
    (4) The owner or operator shall operate each control device in 
accordance with the requirements specified in paragraphs (d)(4)(i) and 
(ii) of this section.
    (i) Each control device used to comply with this subpart shall be 
operating at all times when gases, vapors, and fumes are vented from the 
HAP emissions unit or units through the closed-vent system to the 
control device, as required under Secs. 63.765, 63.766, and 63.769, 
except when maintenance or repair on a unit cannot be completed without 
a shutdown of the control device. An owner or operator may vent more 
than one unit to a control device used to comply with this subpart.
    (ii) For each control device monitored in accordance with the 
requirements of Sec. 63.773(d), the owner or operator shall demonstrate 
compliance according to the requirements of Sec. 63.772(f) or (g), as 
applicable.
    (5) For each carbon adsorption system used as a control device to 
meet the requirements of paragraph (d)(1) of this section, the owner or 
operator shall manage the carbon 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 either regenerated, reactivated, or burned in one of the units 
specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(G) of this 
section.
    (A) Regenerated or reactivated in a thermal treatment unit for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 that implements the requirements of 40 CFR part 264, subpart X.
    (B) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating air emission controls in accordance with this 
section.
    (C) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating organic air emission controls in accordance with a 
national emissions standard for HAP under another subpart in 40 CFR part 
61 or this part.
    (D) Burned in a hazardous waste incinerator for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 264, subpart O.
    (E) Burned in a hazardous waste incinerator which the owner or 
operator has designed and operates in accordance with the requirements 
of 40 CFR part 265, subpart O.
    (F) Burned in a boiler or industrial furnace for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 266, subpart H.
    (G) Burned in a boiler or industrial furnace which the owner or 
operator has designed and operates in accordance with the interim status 
requirements of 40 CFR part 266, subpart H.
    (e) Process modification requirements. Each owner or operator that 
chooses to

[[Page 902]]

comply with Sec. 63.765(c)(2) shall meet the requirements specified in 
paragraphs (e)(1) through (e)(3) of this section.
    (1) The owner or operator shall determine glycol dehydration unit 
baseline operations (as defined in Sec. 63.761). Records of glycol 
dehydration unit baseline operations shall be retained as required under 
Sec. 63.774(b)(10).
    (2) The owner or operator shall document, to the Administrator's 
satisfaction, the conditions for which glycol dehydration unit baseline 
operations shall be modified to achieve the 95.0 percent overall HAP 
emission reduction, either through process modifications or through a 
combination of process modifications and one or more control devices. If 
a combination of process modifications and one or more control devices 
are used, the owner or operator shall also establish the percent HAP 
reduction to be achieved by the control device to achieve an overall HAP 
emission reduction of 95.0 percent for the glycol dehydration unit 
process vent. Only modifications in glycol dehydration unit operations 
directly related to process changes, including, but not limited to, 
changes in glycol circulation rate or glycol-HAP absorbency, shall be 
allowed. Changes in the inlet gas characteristics or natural gas 
throughput rate shall not be considered in determining the overall HAP 
emission reduction.
    (3) The owner or operator that achieves a 95.0 percent HAP emission 
reduction using process modifications alone shall comply with paragraph 
(e)(3)(i) of this section. The owner or operator that achieves a 95.0 
percent HAP emission reduction using a combination of process 
modifications and one or more control devices shall comply with 
paragraphs (e)(3)(i) and (e)(3)(ii) of this section.
    (i) The owner or operator shall maintain records, as required in 
Sec. 63.774(b)(11), that the facility continues to operate in accordance 
with the conditions specified under paragraph (e)(2) of this section.
    (ii) The owner or operator shall comply with the control device 
requirements specified in paragraph (d) of this section, except that the 
emission reduction achieved shall be the emission reduction specified 
for the control device(s) in paragraph (e)(2) of this section.



Sec. 63.772  Test methods, compliance procedures, and compliance demonstrations.

    (a) Determination of material VHAP or HAP concentration to determine 
the applicability of the equipment leak standards under this subpart 
(Sec. 63.769). Each piece of ancillary equipment and compressors are 
presumed to be in VHAP service or in wet gas service unless an owner or 
operator demonstrates that the piece of equipment is not in VHAP service 
or in wet gas service.
    (1) For a piece of ancillary equipment and compressors to be 
considered not in VHAP service, it must be determined that the percent 
VHAP content can be reasonably expected never to exceed 10.0 percent by 
weight. For the purposes of determining the percent VHAP content of the 
process fluid that is contained in or contacts a piece of ancillary 
equipment or compressor, Method 18 of 40 CFR part 60, appendix A, shall 
be used.
    (2) For a piece of ancillary equipment and compressors to be 
considered in wet gas service, it must be determined that it contains or 
contacts the field gas before the extraction of natural gas liquids.
    (b) Determination of glycol dehydration unit flowrate or benzene 
emissions. The procedures of this paragraph shall be used by an owner or 
operator to determine glycol dehydration unit natural gas flowrate or 
benzene emissions to meet the criteria for an exemption from control 
requirements under Sec. 63.764(e)(1).
    (1) The determination of actual flowrate of natural gas to a glycol 
dehydration unit shall be made using the procedures of either paragraph 
(b)(1)(i) or (b)(1)(ii) of this section.
    (i) The owner or operator shall install and operate a monitoring 
instrument that directly measures natural gas flowrate to the glycol 
dehydration unit with an accuracy of plus or minus 2 percent or better. 
The owner or operator shall convert annual natural gas flowrate to a 
daily average by dividing the annual flowrate by the number of days per 
year the glycol dehydration unit processed natural gas.

[[Page 903]]

    (ii) The owner or operator shall document, to the Administrator's 
satisfaction, that the actual annual average natural gas flowrate to the 
glycol dehydration unit is less than 85 thousand standard cubic meters 
per day.
    (2) The determination of actual average benzene emissions from a 
glycol dehydration unit shall be made using the procedures of either 
paragraph (b)(2)(i) or (b)(2)(ii) of this section. Emissions shall be 
determined either uncontrolled, or with federally enforceable controls 
in place.
    (i) The owner or operator shall determine actual average benzene 
emissions using the model GRI-GLYCalcTM, Version 3.0 or 
higher, and the procedures presented in the associated GRI-
GLYCalcTM Technical Reference Manual. Inputs to the model 
shall be representative of actual operating conditions of the glycol 
dehydration unit and may be determined using the procedures documented 
in the Gas Research Institute (GRI) report entitled ``Atmospheric Rich/
Lean Method for Determining Glycol Dehydrator Emissions'' (GRI-95/
0368.1); or
    (ii) The owner or operator shall determine an average mass rate of 
benzene emissions in kilograms per hour through direct measurement by 
performing three runs of Method 18, 40 CFR Part 60, appendix A (or an 
equivalent method), and averaging the results of the three runs. Annual 
emissions in kilograms per year shall be determined by multiplying the 
mass rate by the number of hours the unit is operated per year. This 
result shall be converted to megagrams per year.
    (c) No detectable emissions test procedure. (1) The no detectable 
emissions test procedure shall be conducted in accordance with Method 
21, 40 CFR part 60, appendix A.
    (2) The detection instrument shall meet the performance criteria of 
Method 21, 40 CFR part 60, appendix A, except that the instrument 
response factor criteria in section 3.1.2(a) of Method 21 shall be for 
the average composition of the fluid and not for each individual organic 
compound in the stream.
    (3) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21, 40 CFR part 60, 
appendix A.
    (4) Calibration gases shall be as follows:
    (i) Zero air (less than 10 parts per million by volume hydrocarbon 
in air); and
    (ii) A mixture of methane in air at a concentration less than 10,000 
parts per million by volume.
    (5) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must be determined according to the procedures in Method 21 of 40 CFR 
part 60, appendix A.
    (6)(i) Except as provided in paragraph (c)(6)(i) 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 facility that will meet 
the performance criteria specified in paragraph (c)(6)(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)(6)(i) of this section.
    (7) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (c)(7)(i) or (c)(7)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface

[[Page 904]]

as specified in paragraph (c)(8) of this section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (c)(5) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (c)(8) of this section.
    (8) A potential leak interface is determined to operate with no 
detectable organic emissions if the organic concentration value 
determined in paragraph (c)(7) of this section, is less than 500 parts 
per million by volume.
    (d) [Reserved]
    (e) Control device performance test procedures. This paragraph 
applies to the performance testing of control devices. The owners or 
operators shall demonstrate that a control device achieves the 
performance requirements of Sec. 63.771(d)(1) or (e)(3)(ii) using either 
a performance test as specified in paragraph (e)(3) of this section or a 
design analysis as specified in paragraph (e)(4) of this section. The 
owner or operator may elect to use the alternative procedures in 
paragraph (e)(5) of this section for performance testing of a condenser 
used to control emissions from a glycol dehydration unit process vent.
    (1) The following control devices are exempt from the requirements 
to conduct performance tests and design analyses under this section:
    (i) A flare that is designed and operated in accordance with 
Sec. 63.11(b);
    (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 vent stream is 
introduced with the primary fuel or is used as the primary fuel;
    (iv) A boiler or process heater burning hazardous waste for which 
the owner or operator has either been issued a final permit under 40 CFR 
part 270 and complies with the requirements of 40 CFR part 266, subpart 
H; or has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H;
    (v) 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.
    (vi) 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.
    (2) An owner or operator shall design and operate each flare in 
accordance with the requirements specified in Sec. 63.11(b) and in 
paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
    (i) The compliance determination shall be conducted using Method 22 
of 40 CFR part 60, appendix A, to determine visible emissions.
    (ii) 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.
    (3) For a performance test conducted to demonstrate that a control 
device meets the requirements of Sec. 63.771(d)(1) or (e)(3)(ii), the 
owner or operator shall use the test methods and procedures specified in 
paragraphs (e)(3)(i) through (e)(3)(iv) of this section. The performance 
test shall be conducted according to the schedule specified in 
Sec. 63.7(a)(2) and the results of the performance test shall be 
submitted in the Notification of Compliance Status Report as required in 
Sec. 63.775(d)(1)(ii.
    (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites in paragraphs 
(e)(3)(i)(A) and (B) of this section. Any references to particulate 
mentioned in Methods 1 and 1A do not apply to this section.
    (A) To determine compliance with the control device percent 
reduction requirement specified in

[[Page 905]]

Sec. 63.771(d)(1)(i)(A), (d)(1)(ii) or (e)(3)(ii), sampling sites shall 
be located at the inlet of the first control device, and at the outlet 
of the final control device.
    (B) To determine compliance with the enclosed combustion device 
total HAP concentration limit specified in Sec. 63.771(d)(1)(i)(B), the 
sampling site shall be located at the outlet of the combustion device.
    (ii) The gas volumetric flowrate shall be determined using Method 2, 
2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate.
    (iii) To determine compliance with the control device percent 
reduction performance requirement in Sec. 63.771(d)(1)(i)(A),(d)(1)(ii), 
and (e)(3)(ii), the owner or operator shall use either Method 18, 40 CFR 
part 60, appendix A or Method 25A, 40 CFR part 60, appendix A; 
alternatively, any other method or data that have been validated 
according to the applicable procedures in Method 301, 40 CFR part 63, 
appendix A, may be used. The following procedures shall be used to 
calculate percent reduction efficiency:
    (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 mass rate of either TOC (minus methane and ethane) or total 
HAP (Ei, Eo) shall be computed.
    (1) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR17JN99.000
    
    [GRAPHIC] [TIFF OMITTED] TR17JN99.001
    
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 = Flowrate of gas stream at the inlet and 
          outlet of the control device, respectively, dry standard cubic 
          meter per minute.
    K2 = Constant, 2.494x10-6 (parts per million) 
(gram-mole per standard cubic meter) (kilogram/gram) (minute/hour), 
where standard temperature (gram-mole per standard cubic meter) is 
20 deg.C.
    (2) When the TOC mass rate is calculated, all organic compounds 
(minus methane and ethane) measured by Method 18, 40 CFR part 60, 
appendix A, or Method 25A, 40 CFR part 60, appendix A, shall be summed 
using the equations in paragraph (e)(3)(iii)(B)(1) of this section.
    (3) When the total HAP mass rate is calculated, only HAP chemicals 
listed in Table 1 of this subpart shall be summed using the equations in 
paragraph (e)(3)(iii)(B)(1) of this section.
    (C) The percent reduction in TOC (minus methane and ethane) or total 
HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JN99.002

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 (e)(3)(iii)(B) 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 (e)(3)(iii)(B) of this section, kilograms TOC per 
          hour or kilograms HAP per hour.

    (D) If the 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 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

[[Page 906]]

and ethane) or total HAP exiting the device, respectively.
    (iv) To determine compliance with the enclosed combustion device 
total HAP concentration limit specified in Sec. 63.771(d)(1)(i)(B), the 
owner or operator shall use either Method 18, 40 CFR part 60, appendix 
A, or Method 25A, 40 CFR part 60, appendix A, to measure either TOC 
(minus methane and ethane) or total HAP. Alternatively, any other method 
or data that have been validated according to Method 301 of appendix A 
of this part, may be used. The following procedures shall be used to 
calculate parts per million by volume concentration, corrected to 3 
percent oxygen:
    (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 TOC concentration or total HAP concentration shall be 
calculated according to paragraph (e)(3)(iv)(B)(1) or (e)(3)(iv)(B)(2) 
of this section.
    (1) The TOC concentration is the sum of the concentrations of the 
individual components and shall be computed for each run using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR17JN99.003

Where:

CTOC =entration of total organic compounds minus methane and 
          ethane, dry basis, parts per million by volume.
Cji = Concentration of sample component 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.

    (2) The total HAP concentration shall be computed according to the 
equation in paragraph (e)(3)(iv)(B)(1) of this section, except that only 
HAP chemicals listed in Table 1 of this subpart shall be summed.
    (C) The TOC concentration or total HAP concentration shall be 
corrected to 3 percent oxygen as follows:
    (1) The emission rate correction factor for excess air, integrated 
sampling and analysis procedures of Method 3B, 40 CFR part 60, appendix 
A, shall be used to determine the oxygen concentration. The samples 
shall be taken during the same time that the samples are taken for 
determining TOC concentration or total HAP concentration.
    (2) The TOC or HAP concentration shall be corrected for percent 
oxygen by using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JN99.004

Where:

Cc = TOC concentration or total HAP concentration corrected 
          to 3 percent oxygen, dry basis, parts per million by volume.
Cm = TOC concentration or total HAP concentration, dry basis, 
          parts per million by volume.
%O2d = Concentration of oxygen, dry basis, percent by volume.

    (4) For a design analysis conducted to meet the requirements of 
Sec. 63.771(d)(1) or (e)(3)(ii), the owner or operator shall meet the 
requirements specified in paragraphs (e)(4)(i) and (e)(4)(ii) of this 
section. Documentation of the design analysis shall be submitted as a 
part of the Notification of Compliance Status Report as required in 
Sec. 63.775(d)(1)(i).
    (i) The design analysis shall include analysis of the vent stream 
characteristics and control device operating parameters for the 
applicable control device as specified in paragraphs (e)(4)(i)(A) 
through (F) of this section.
    (A) For a thermal vapor incinerator, the design analysis shall 
include the vent stream composition, constituent concentrations, and 
flowrate and shall establish the design minimum and average temperatures 
in the combustion zone and the combustion zone residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
include the vent stream composition, constituent concentrations, and 
flowrate and shall establish the design minimum and average temperatures 
across the catalyst bed inlet and outlet, and the design service life of 
the catalyst.
    (C) For a boiler or process heater, the design analysis shall 
include the vent

[[Page 907]]

stream composition, constituent concentrations, and flowrate; 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.
    (D) For a condenser, the design analysis shall include the vent 
stream composition, constituent concentrations, flowrate, 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. As an alternative 
to the design analysis, an owner or operator may elect to use the 
procedures specified in paragraph (e)(5) of this section.
    (E) For a regenerable carbon adsorption system, the design analysis 
shall include the vent stream composition, constituent concentrations, 
flowrate, 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 the carbon beds, design 
total regeneration stream flow over the period of each complete carbon 
bed regeneration cycle, design carbon bed temperature after 
regeneration, design carbon bed regeneration time, and design service 
life of the carbon.
    (F) For a nonregenerable carbon adsorption system, such as a carbon 
canister, the design analysis shall include the vent stream composition, 
constituent concentrations, flowrate, 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 source operating schedule. In addition, these 
systems will incorporate dual carbon canisters in case of emission 
breakthrough occurring in one canister.
    (ii) If the owner or operator and the Administrator do not agree on 
a demonstration of control device performance using a design analysis 
then the disagreement shall be resolved using the results of a 
performance test performed by the owner or operator in accordance with 
the requirements of paragraph (e)(3) of this section. The Administrator 
may choose to have an authorized representative observe the performance 
test.
    (5) As an alternative to the procedures in paragraphs (e)(3) and 
(e)(4)(i)(D) of this section, an owner or operator may elect to use the 
procedures documented in the GRI report entitled, ``Atmospheric Rich/
Lean Method for Determining Glycol Dehydrator Emissions'' (GRI-95/
0368.1) as inputs for the model GRI-GLYCalcTM, Version 3.0 or 
higher, to determine condenser performance.
    (f) Compliance demonstration for control device performance 
requirements. This paragraph applies to the demonstration of compliance 
with the control device performance requirements specified in 
Secs. 63.771(d)(1)(ii) and 63.765(c)(2). Compliance shall be 
demonstrated using the requirements in paragraphs (f)(1) through (f)(3) 
of this section. As an alternative, an owner or operator that installs a 
condenser as the control device to achieve the requirements specified in 
Sec. 63.771(d)(1)(ii) or Sec. 63.765(c)(2), may demonstrate compliance 
according to paragraph (g) of this section. An owner or operator may 
switch between compliance with paragraph (f) of this section and 
compliance with paragraph (g) of this section only after at least 1 year 
of operation in compliance with the selected approach. Notification of 
such a change in the compliance method shall be reported in the next 
Periodic Report, as required in Sec. 63.775(e), following the change.
    (1) The owner or operator shall establish a site specific maximum or 
minimum monitoring parameter value (as appropriate) according to the 
requirements of Sec. 63.773(d)(5)(i).
    (2) The owner or operator shall calculate the daily average of the 
applicable monitored parameter in accordance with Sec. 63.773(d)(4).
    (3) Compliance with the operating parameter limit is achieved when 
the daily average of the monitoring parameter value calculated under 
paragraph

[[Page 908]]

(f)(2) of this section is either equal to or greater than the minimum or 
equal to or less than the maximum monitoring value established under 
paragraph (f)(1) of this section.
    (g) Compliance demonstration with percent reduction performance 
requirements--condensers. This paragraph applies to the demonstration of 
compliance with the performance requirements specified in 
Sec. 63.771(d)(1)(ii) or Sec. 63.765(c)(2) for condensers. Compliance 
shall be demonstrated using the procedures in paragraphs (g)(1) through 
(g)(3) of this section.
    (1) The owner or operator shall establish a site-specific condenser 
performance curve according to Sec. 63.773(d)(5)(ii).
    (2) Compliance with the percent reduction requirement in 
Sec. 63.771(d)(1)(ii) or Sec. 63.765(c)(2) shall be demonstrated by the 
procedures in paragraphs (g)(2)(i) through (g)(2)(iii) of this section.
    (i) The owner or operator must calculate the daily average condenser 
outlet temperature in accordance with Sec. 63.773(d)(4).
    (ii) The owner or operator shall determine the condenser efficiency 
for the current operating day using the daily average condenser outlet 
temperature calculated under paragraph (g)(2)(i) of this section and the 
condenser performance curve established under paragraph (g)(1) of this 
section.
    (iii) Except as provided in paragraphs (g)(2)(iii) (A) and (B) of 
this section, at the end of each operating day, the owner or operator 
shall calculate the 365-day average HAP emission reduction from the 
condenser efficiencies determined in paragraph (g)(2)(ii) of this 
section for the preceding 365 operating days. If the owner or operator 
uses a combination of process modifications and a condenser in 
accordance with the requirements of Sec. 63.765(c)(2), the 365-day 
average HAP emission reduction shall be calculated using the emission 
reduction achieved through process modifications and the condenser 
efficiency determined in paragraph (g)(2)(ii) of this section, both for 
the previous 365 operating days.
    (A) After the compliance dates specified in Sec. 63.760(f), an owner 
or operator with less than 120 days of data for determining average HAP 
emission reduction, shall calculate the average HAP emission reduction 
for the first 120 days of operation after the compliance dates. 
Compliance with the performance requirements is achieved if the 120-day 
average HAP emission reduction is equal to or greater than 90.0 percent.
    (B) After 120 days and no more than 364 days of operation after the 
compliance dates specified in Sec. 63.760(f), the owner or operator 
shall calculate the average HAP emission reduction as the HAP emission 
reduction averaged over the number of days between the current day and 
the applicable compliance date. Compliance with the performance 
requirements is achieved if the average HAP emission reduction is equal 
to or greater than 90.0 percent.
    (3) If the owner or operator has data for 365 days or more of 
operation, compliance is achieved with the emission limitation specified 
in Sec. 63.771(d)(1)(ii) or Sec. 63.765(c)(2) if the average HAP 
emission reduction calculated in paragraph (g)(2)(iii) of this section 
is equal to or greater than 95.0 percent.



Sec. 63.773  Inspection and monitoring requirements.

    (a) This section applies to an owner or operator using air emission 
controls in accordance with the requirements of Secs. 63.765 and 63.766.
    (b) [Reserved]
    (c) Cover and closed-vent system inspection and monitoring 
requirements. (1) For each closed-vent system or cover required to 
comply with this section, the owner or operator shall comply with the 
requirements of paragraphs (c) (2) through (7) of this section.
    (2) Except as provided in paragraphs (c) (5) and (6) of this 
section, each closed-vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (c)(2) (i) and (ii) of 
this section, and each cover shall be inspected according to the 
procedures and schedule specified in paragraph (c)(2)(iii) of this 
section.
    (i) For each 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), the owner or operator shall:

[[Page 909]]

    (A) Conduct an initial inspection according to the procedures 
specified in Sec. 63.772(c) to demonstrate that the closed-vent system 
operates with no detectable emissions.
    (B) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in piping; loose connections; or broken or 
missing caps or other closure devices. The owner or operator shall 
monitor a component or connection using the procedures in Sec. 63.772(c) 
to demonstrate that it operates with no detectable emissions following 
any time the component is repaired or replaced or the connection is 
unsealed.
    (ii) For closed-vent system components other than those specified in 
paragraph (c)(2)(i) of this section, the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures 
specified in Sec. 63.772(c) to demonstrate that the closed-vent system 
operates with no detectable emissions.
    (B) Conduct annual inspections according to the procedures specified 
in Sec. 63.772(c) to demonstrate that the components or connections 
operate with no detectable emissions.
    (C) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in ductwork; loose connections; or broken or 
missing caps or other closure devices.
    (iii) For each cover, the owner or operator shall:
    (A) Conduct visual inspections for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the cover, or between the cover 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. In the case where the tank is buried partially or 
entirely underground, inspection is required only for those portions of 
the cover that extend to or above the ground surface, and those 
connections that are on such portions of the cover (e.g., fill ports, 
access hatches, gauge wells, etc.) and can be opened to the atmosphere.
    (B) The inspections shall be conducted initially, following the 
installation of the cover. Thereafter, the owner or operator shall 
perform the inspection at least once every calendar year, except as 
provided in paragraphs (c) (5) and (6) of this section.
    (3) In the event that a leak or defect is detected, the owner or 
operator shall repair the leak or defect as soon as practicable, except 
as provided in paragraph (c)(4) of this section.
    (i) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (ii) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (4) Delay of repair of a closed-vent system or cover for which leaks 
or defects have been detected is allowed if the repair is technically 
infeasible without a shutdown, as defined in Sec. 63.761, 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.
    (5) Any parts of the closed-vent system or cover that are 
designated, as described in paragraphs (c)(5) (i) and (ii) of this 
section, as unsafe to inspect are exempt from the inspection 
requirements of paragraphs (c)(2)(i), (ii), and (iii) of this section 
if:
    (i) 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 
(c)(2)(i), (ii), or (iii) of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (6) Any parts of the closed-vent system or cover that are 
designated, as described in paragraphs (c)(6) (i) and (ii) of this 
section, as difficult to inspect are exempt from the inspection 
requirements of paragraphs (c)(2)(i), (ii), and (iii) of this section 
if:

[[Page 910]]

    (i) 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
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (7) Records shall be maintained as specified in Sec. 63.774(b)(5) 
through (8).
    (d) Control device monitoring requirements. (1) For each control 
device, except as provided for in paragraph (d)(2) of this section, the 
owner or operator shall install and operate a continuous parameter 
monitoring system in accordance with the requirements of paragraphs 
(d)(3) through (9) of this section. The continuous monitoring system 
shall be designed and operated so that a determination can be made on 
whether the control device is achieving the applicable performance 
requirements of Sec. 63.771(d) or Sec. 63.771(e)(3). The continuous 
parameter monitoring system shall meet the following specifications and 
requirements:
    (i) Each continuous parameter monitoring system shall measure data 
values at least once every hour and record either:
    (A) Each measured data value; or
    (B) Each block average value for each 1-hour period 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.
    (ii) The monitoring system must be installed, calibrated, operated, 
and maintained in accordance with the manufacturer's specifications or 
other written procedures that provide reasonable assurance that the 
monitoring equipment is operating properly.
    (2) An owner or operator is exempt from the monitoring requirements 
specified in paragraphs (d)(3) through (9) of this section for the 
following types of control devices:
    (i) A boiler or process heater in which all vent streams are 
introduced with the primary fuel or is used as the primary fuel; or
    (ii) A boiler or process heater with a design heat input capacity 
equal to or greater than 44 megawatts.
    (3) The owner or operator shall install, calibrate, operate, and 
maintain a device equipped with a continuous recorder to measure the 
values of operating parameters appropriate for the control device as 
specified in either paragraph (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) of 
this section.
    (i) A continuous monitoring system that measures the following 
operating parameters as applicable:
    (A) For a thermal vapor incinerator, a temperature monitoring device 
equipped with a continuous recorder. The monitoring device shall have a 
minimum accuracy of 2 percent of the temperature being 
monitored in  deg.C ,or 2.5  deg.C, whichever value is 
greater. The temperature sensor shall be installed at a location in the 
combustion chamber downstream of the combustion zone.
    (B) For a catalytic vapor incinerator, a temperature monitoring 
device equipped with a continuous recorder. The device shall be capable 
of monitoring temperature at two locations and have a minimum accuracy 
of 2 percent of the temperature being monitored in  deg.C, 
or 2.5  deg.C, whichever value is greater. 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.
    (C) For a flare, a heat sensing monitoring device equipped with a 
continuous recorder that indicates the continuous ignition of the pilot 
flame.
    (D) For a boiler or process heater with a design heat input capacity 
of less than 44 megawatts, a temperature monitoring device equipped with 
a continuous recorder. The temperature monitoring device shall have a 
minimum accuracy of 2 percent of the temperature being 
monitored in  deg.C, or 2.5  deg.C, whichever value is 
greater. The temperature sensor shall be installed at a location in the 
combustion chamber downstream of the combustion zone.

[[Page 911]]

    (E) For a condenser, a temperature monitoring device equipped with a 
continuous recorder. The temperature monitoring device shall have a 
minimum accuracy of 2 percent of the temperature being 
monitored in  deg.C, or 2.5  deg.C, whichever value is 
greater. The temperature sensor shall be installed at a location in the 
exhaust vent stream from the condenser.
    (F) For a regenerative-type carbon adsorption system:
    (1) A continuous parameter monitoring system to measure and record 
the average total regeneration stream mass flow or volumetric flow 
during each carbon bed regeneration cycle. The integrating regenerating 
stream flow monitoring device must have an accuracy of 10 
percent; and
    (2) A continuous parameter monitoring system to measure and record 
the average carbon bed temperature for the duration of the carbon bed 
steaming cycle and to measure the actual carbon bed temperature after 
regeneration and within 15 minutes of completing the cooling cycle. The 
temperature monitoring device shall have a minimum accuracy of 
2 percent of the temperature being monitored in  deg.C, or 
2.5  deg.C, whichever value is greater.
    (G) For a nonregenerative-type carbon adsorption system, the owner 
or operator shall monitor the design carbon replacement interval 
established using a performance test performed in accordance with 
Sec. 63.772(e)(3) or a design analysis in accordance with 
Sec. 63.772(e)(4)(i)(F) and shall be based on the total carbon working 
capacity of the control device and source operating schedule.
    (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. The monitor must meet the requirements of Performance 
Specification 8 or 9 of appendix B of 40 CFR part 60 and must be 
installed, calibrated, and maintained according to the manufacturer's 
specifications.
    (iii) A continuous monitoring system that measures alternative 
operating parameters other than those specified in paragraph (d)(3)(i) 
or (d)(3)(ii) of this section upon approval of the Administrator as 
specified in Sec. 63.8(f)(1) through (5).
    (4) Using the data recorded by the monitoring system, the owner or 
operator must calculate the daily average value for each monitored 
operating parameter for each operating day. If the HAP emissions unit 
operation is continuous, the operating day is a 24-hour period. If HAP 
emissions unit operation is not continuous, the operating day is the 
total number of hours of control device operation per 24-hour period. 
Valid data points must be available for 75 percent of the operating 
hours in an operating day to compute the daily average.
    (5) For each operating parameter monitor installed in accordance 
with the requirements of paragraph (d)(3) of this section, the owner or 
operator shall comply with paragraph (d)(5)(i) of this section for all 
control devices except for condensers, and when condensers are 
installed, the owner or operator shall also comply with paragraph 
(d)(5)(ii) of this section.
    (i) The owner or operator shall establish a minimum operating 
parameter value or a maximum operating parameter value, as appropriate 
for the control device, to define the conditions at which the control 
device must be operated to continuously achieve the applicable 
performance requirements of Sec. 63.771(d)(1) or Sec. 63.771(e)(3)(ii). 
Each minimum or maximum operating parameter value shall be established 
as follows:
    (A) If the owner or operator conducts performance tests in 
accordance with the requirements of Sec. 63.772(e)(3) to demonstrate 
that the control device achieves the applicable performance requirements 
specified in Sec. 63.771(d)(1) or Sec. 63.771(e)(3)(ii), then the 
minimum operating parameter value or the maximum operating parameter 
value shall be established based on values measured during the 
performance test and supplemented, as necessary, by control device 
design analysis or control device manufacturer recommendations or a 
combination of both.
    (B) If the owner or operator uses a control device design analysis 
in accordance with the requirements of Sec. 63.772(e)(4) to demonstrate 
that the

[[Page 912]]

control device achieves the applicable performance requirements 
specified in Sec. 63.771(d)(1) or (e)(3)(ii), then the minimum operating 
parameter value or the maximum operating parameter value shall be 
established based on the control device design analysis and may be 
supplemented by the control device manufacturer's recommendations.
    (ii) The owner or operator shall establish a condenser performance 
curve showing the relationship between condenser outlet temperature and 
condenser control efficiency. The curve shall be established as follows:
    (A) If the owner or operator conducts a performance test in 
accordance with the requirements of Sec. 63.772(e)(3) to demonstrate 
that the condenser achieves the applicable performance requirements in 
Sec. 63.771(d)(1) or (e)(3)(ii), then the condenser performance curve 
shall be based on values measured during the performance test and 
supplemented as necessary by control device design analysis, or control 
device manufacturer's recommendations, or a combination or both.
    (B) If the owner or operator uses a control device design analysis 
in accordance with the requirements of Sec. 63.772(e)(4)(i)(D) to 
demonstrate that the condenser achieves the applicable performance 
requirements specified in Sec. 63.771(d)(1) or (e)(3)(ii), then the 
condenser performance curve shall be based on the condenser design 
analysis and may be supplemented by the control device manufacturer's 
recommendations.
    (C) As an alternative to paragraphs (d)(5)(ii)(A) and (B) of this 
section, the owner or operator may elect to use the procedures 
documented in the GRI report entitled, ``Atmospheric Rich/Lean Method 
for Determining Glycol Dehydrator Emissions'' (GRI-95/0368.1) as inputs 
for the model GRI-GLYCalcTM, Version 3.0 or higher, to 
generate a condenser performance curve.
    (6) An excursion for a given control device is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (d)(6)(i) through 
(d)(6)(v) of this section being met. When multiple operating parameters 
are monitored for the same control device and during the same operating 
day and more than one of these operating parameters meets an excursion 
criterion specified in paragraphs (d)(6)(i) through (d)(6)(v) of this 
section, then a single excursion is determined to have occurred for the 
control device for that operating day.
    (i) An excursion occurs when the daily average value of a monitored 
operating parameter is less than the minimum operating parameter limit 
(or, if applicable, greater than the maximum operating parameter limit) 
established for the operating parameter in accordance with the 
requirements of paragraph (d)(5)(i) of this section.
    (ii) An excursion occurs when the 365-day average condenser 
efficiency calculated according to the requirements specified in 
Sec. 63.772(g)(2)(iii) is less than 95.0 percent.
    (iii) If an owner or operator has less than 365 days of data, an 
excursion occurs when the average condenser efficiency calculated 
according to the procedures specified in Sec. 63.772(g)(2)(iii)(A) or 
(B) is less than 90.0 percent.
    (iv) An excursion occurs when the monitoring data are not available 
for at least 75 percent of the operating hours.
    (v) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, an excursion occurs when:
    (A) For each bypass line subject to Sec. 63.771(c)(3)(i)(A) the flow 
indicator indicates that flow has been detected and that the stream has 
been diverted away from the control device to the atmosphere.
    (B) For each bypass line subject to Sec. 63.771(c)(3)(i)(B), if the 
seal or closure mechanism has been broken, the bypass line valve 
position has changed, the key for the lock-and-key type lock has been 
checked out, or the car-seal has broken.
    (7) For each excursion, except as provided for in paragraph (d)(8) 
of this section, the owner or operator shall be deemed to have failed to 
have applied control in a manner that achieves the required operating 
parameter limits. Failure to achieve the required operating parameter 
limits is a violation of this standard.

[[Page 913]]

    (8) An excursion is not a violation of the operating parameter limit 
as specified in paragraphs (d)(8)(i) and (d)(8)(ii) of this section.
    (i) An excursion does not count toward the number of excused 
excursions allowed under paragraph (d)(8)(ii) of this section when the 
excursion occurs during any one of the following periods:
    (A) During a period of startup, shutdown, or malfunction when the 
affected facility is operated during such period in accordance with the 
facility's startup, shutdown, and malfunction plan; or
    (B) During periods of non-operation of the unit or the process that 
is vented to the control device (resulting in cessation of HAP emissions 
to which the monitoring applies).
    (ii) For each control device, or combinations of control devices 
installed on the same HAP emissions unit, one excused excursion is 
allowed per semiannual period for any reason. The initial semiannual 
period is the 6-month reporting period addressed by the first Periodic 
Report submitted by the owner or operator in accordance with 
Sec. 63.775(e) of this subpart.
    (9) Nothing in paragraphs (d)(1) through (d)(8) of this section 
shall be construed to allow or excuse a monitoring parameter excursion 
caused by any activity that violates other applicable provisions of this 
subpart.



Sec. 63.774  Recordkeeping requirements.

    (a) The recordkeeping provisions of 40 CFR part 63, subpart A, that 
apply and those that do not apply to owners and operators of sources 
subject to this subpart are listed in Table 2 of this subpart.
    (b) Except as specified in paragraphs (c) and (d) of this section, 
each owner or operator of a facility subject to this subpart shall 
maintain the records specified in paragraphs (b)(1) through (b)(11) of 
this section:
    (1) The owner or operator of an affected source subject to the 
provisions of this subpart shall maintain files of all information 
(including all reports and notifications) required by this subpart. The 
files shall be retained for at least 5 years following the date of each 
occurrence, measurement, maintenance, corrective action, report or 
period.
    (i) All applicable records shall be maintained in such a manner that 
they can be readily accessed.
    (ii) The most recent 12 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.
    (iii) The remaining 4 years of records may be retained offsite.
    (iv) 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) Records specified in Sec. 63.10(b)(2);
    (3) Records specified in Sec. 63.10(c) for each monitoring system 
operated by the owner or operator in accordance with the requirements of 
Sec. 63.773(d). Notwithstanding the requirements of Sec. 63.10(c), 
monitoring data recorded during periods identified in paragraphs 
(b)(3)(i) through (b)(3)(iv) of this section shall not be included in 
any average or percent leak rate 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) Startups, shutdowns, or malfunctions events. During startups, 
shutdowns, or malfunction events, the owner or operator shall maintain 
records indicating whether or not the startup, shutdown or malfunction 
plan required under Sec. 63.762(d), was followed.
    (iii) Periods of non-operation resulting in cessation of the 
emissions to which the monitoring applies; and
    (iv) Excursions due to invalid data as defined in 
Sec. 63.773(d)(6)(iv).
    (4) Each owner or operator using a control device to comply with 
Sec. 63.764 of this subpart 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. 63.773(d) of this subpart or 
specified by the Administrator in accordance with

[[Page 914]]

Sec. 63.773(d)(3)(iii) of this subpart. For flares, the hourly records 
and records of pilot flame outages specified in Sec. 63.773(d)(3)(i)(C) 
of this subpart shall be maintained in place of continuous records.
    (ii) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec. 63.773(d)(4) of this subpart, except as 
specified in paragraphs (b)(4)(ii)(A) and (B) of this section.
    (A) 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.
    (B) For condensers installed to comply with Sec. 63.765, records of 
the annual 365-day rolling average condenser efficiency determined under 
Sec. 63.772(g) shall be kept in addition to the daily averages.
    (iii) Hourly records of whether the flow indicator specified under 
Sec. 63.771(c)(3)(i)(A) 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.
    (iv) Where a seal or closure mechanism is used to comply with 
Sec. 63.771(c)(3)(i)(B), 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.
    (5) Records identifying all parts of the cover or closed-vent system 
that are designated as unsafe to inspect in accordance with 
Sec. 63.773(c)(5), an explanation of why the equipment is unsafe to 
inspect, and the plan for inspecting the equipment.
    (6) Records identifying all parts of the cover or closed-vent system 
that are designated as difficult to inspect in accordance with 
Sec. 63.773(c)(6), an explanation of why the equipment is difficult to 
inspect, and the plan for inspecting the equipment.
    (7) For each inspection conducted in accordance with Sec. 63.773(c), 
during which a leak or defect is detected, a record of the information 
specified in paragraphs (b)(7)(i) through (b)(7)(viii) of this section.
    (i) The instrument identification numbers, operator name or 
initials, and identification of the equipment.
    (ii) The date the leak or defect was detected and the date of the 
first attempt to repair the leak or defect.
    (iii) Maximum instrument reading measured by the method specified in 
Sec. 63.772(c) after the leak or defect is successfully repaired or 
determined to be nonrepairable.
    (iv) ``Repair delayed'' and the reason for the delay if a leak or 
defect is not repaired within 15 calendar days after discovery of the 
leak or defect.
    (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 or defect if 
a leak or defect 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 or defect.
    (8) For each inspection conducted in accordance with Sec. 63.773(c) 
during which no leaks or defects are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks were detected.
    (9) Records identifying ancillary equipment and compressors that are 
subject to and controlled under the provisions of 40 CFR part 60, 
subpart KKK; 40 CFR part 61, subpart V; or 40 CFR part 63, subpart H.
    (10) Records of glycol dehydration unit baseline operations 
calculated as required under Sec. 63.771(e)(1).
    (11) Records required in Sec. 63.771(e)(3)(i) documenting that the 
facility continues to operate under the conditions specified in 
Sec. 63.771(e)(2).
    (c) An owner or operator that elects to comply with the benzene 
emission limit specified in Sec. 63.765(b)(1)(ii) shall

[[Page 915]]

document, to the Administrator's satisfaction, the following items:
    (1) The method used for achieving compliance and the basis for using 
this compliance method; and
    (2) The method used for demonstrating compliance with 0.90 megagrams 
per year of benzene.
    (3) Any information necessary to demonstrate compliance as required 
in the methods specified in paragraphs (c)(1) and (c)(2) of this 
section.
    (d) (1) An owner or operator that is exempt from control 
requirements under Sec. 63.764(e)(1) shall maintain the records 
specified in paragraph (d)(1)(i) or (d)(1)(ii) of this section, as 
appropriate, for each glycol dehydration unit that is not controlled 
according to the requirements of Sec. 63.764(c)(1)(i).
    (i) The actual annual average natural gas throughput (in terms of 
natural gas flowrate to the glycol dehydration unit per day) as 
determined in accordance with Sec. 63.772(b)(1), or
    (ii) The actual average benzene emissions (in terms of benzene 
emissions per year) as determined in accordance with Sec. 63.772(b)(2).
    (2) An owner or operator that is exempt from the control 
requirements under Sec. 63.764(e)(2) of this subpart shall maintain the 
following records:
    (i) Information and data used to demonstrate that a piece of 
equipment is not in VHAP service or not in wet gas service shall be 
recorded in a log that is kept in a readily accessible location.
    (ii) Identification and location of equipment, located at a natural 
gas processing plant subject to this subpart, that is in VHAP service 
less than 300 hours per year.
    (e) Record the following when using a flare to comply with 
Sec. 63.771(d):
    (1) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (2) All visible emission readings, heat content determinations, 
flowrate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.772(e)(2); and
    (3) All periods during the compliance determination when the pilot 
flame is absent.



Sec. 63.775  Reporting requirements.

    (a) The reporting 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 are listed in Table 2 of this subpart.
    (b) Each owner or operator of a major source subject to this subpart 
shall submit the information listed in paragraphs (b)(1) through (b)(6) 
of this section, except as provided in paragraphs (b)(7) and (b)(8) of 
this section.
    (1) 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 June 17, 
2000, whichever is later. Affected sources that are major sources on or 
before June 17, 2000 and plan to be area sources by June 17, 2002 shall 
include in this notification a brief, nonbinding description of a 
schedule for the action(s) that are planned to achieve area source 
status.
    (2) The date of the performance evaluation as specified in 
Sec. 63.8(e)(2), required only if the owner or operator is required by 
the Administrator to conduct a performance evaluation for a continuous 
monitoring system. A separate notification of the performance evaluation 
is not required if it is included in the initial notification submitted 
in accordance with paragraph (b)(1) of this section.
    (3) The planned date of a performance test at least 60 days before 
the test in accordance with Sec. 63.7(b). Unless requested by the 
Administrator, a site-specific test plan is not required by this 
subpart. If requested by the Administrator, the owner or operator must 
also submit the site-specific test plan required by Sec. 63.7(c) with 
the notification of the performance test. A separate notification of the 
performance test is not required if it is included in the initial 
notification submitted in accordance with paragraph (b)(1) of this 
section.
    (4) A Notification of Compliance Status report as described in 
paragraph (d) of this section;
    (5) Periodic Reports as described in paragraph (e) of this section; 
and
    (6) Startup, shutdown, and malfunction reports specified in 
Sec. 63.10(d)(5)

[[Page 916]]

shall be submitted as required. Separate startup, shutdown, and 
malfunction reports as described in Sec. 63.10(d)(5) are not required if 
the information is included in the Periodic Report specified in 
paragraph (e) of this section.
    (7) Each owner or operator of a glycol dehydration unit subject to 
this subpart that is exempt from the control requirements for glycol 
dehydration unit process vents in Sec. 63.765, is exempt from all 
reporting requirements for major sources in this subpart, for that unit.
    (8) Each owner or operator of ancillary equipment and compressors 
subject to this subpart that are exempt from the control requirements 
for equipment leaks in Sec. 63.769, are exempt from all reporting 
requirements for major sources in this subpart, for that equipment.
    (c) [Reserved]
    (d) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status Report as required under 
Sec. 63.9(h) within 180 days after the compliance date specified in 
Sec. 63.760(f). In addition to the information required under 
Sec. 63.9(h), the Notification of Compliance Status Report shall include 
the information specified in paragraphs (d)(1) through (d)(11) of this 
section. 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 all of the 
information required under this paragraph has been submitted at any time 
prior to 180 days after the applicable compliance dates specified in 
Sec. 63.760(f), a separate Notification of Compliance Status Report is 
not required. If an owner or operator submits the information specified 
in paragraphs (d)(1) through (d)(11) of this section at different times, 
and/or different submittals, later submittals may refer to earlier 
submittals instead of duplicating and resubmitting the previously 
submitted information.
    (1) If a closed-vent system and a control device other than a flare 
are used to comply with Sec. 63.764, the owner or operator shall submit:
    (i) The design analysis documentation specified in Sec. 63.772(e)(4) 
of this subpart, if the owner or operator elects to prepare a design 
analysis; or
    (ii) If the owner or operator elects to conduct a performance test, 
the performance test results including the information specified in 
paragraphs (d)(1)(ii)(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. 63.772(e)(3) and that the test conditions are 
representative of current operating conditions.
    (A) The percent reduction of HAP or TOC, or the outlet concentration 
of HAP or TOC (parts per million by volume on a dry basis), determined 
as specified in Sec. 63.772(e)(3) of this subpart; and
    (B) The value of the monitored parameters specified in Sec. 773(d) 
of this subpart, or a site-specific parameter approved by the permitting 
agency, averaged over the full period of the performance test.
    (2) If a closed-vent system and a flare are used to comply with 
Sec. 63.764, the owner or operator shall submit performance test results 
including the information in paragraphs (d)(2) (i) and (ii) of this 
section.
    (i) All visible emission readings, heat content determinations, 
flowrate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.772(e)(2) of this subpart, 
and
    (ii) A statement of whether a flame was present at the pilot light 
over the full period of the compliance determination.
    (3) For each owner or operator subject to the provisions specified 
in Sec. 63.769, the owner or operator shall submit the information 
required by Sec. 61.247(a), except that the initial report required in 
Sec. 61.247(a) shall be submitted as a part of the Notification of 
Compliance Status Report required in paragraph (d) of this section. The 
owner or operator shall also submit the information specified in 
paragraphs (d)(3) (i) and (ii) of this section.
    (i) The number of each equipment (e.g., valves, pumps, etc.) 
excluding equipment in vacuum service, and
    (ii) Any change in the information submitted in this paragraph shall 
be

[[Page 917]]

provided to the Administrator as a part of subsequent Periodic Reports 
described in paragraph (e)(2)(iv) of this section.
    (4) The owner or operator shall submit one complete test report for 
each test method used for a particular source.
    (i) For additional tests performed using the same test method, the 
results specified in paragraph (d)(1)(ii) 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 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.
    (5) For each control device other than a flare used to meet the 
requirements of Sec. 63.764, the owner or operator shall submit the 
information specified in paragraphs (d)(5) (i) through (iii) of this 
section for each operating parameter required to be monitored in 
accordance with the requirements of Sec. 63.773(d).
    (i) The minimum operating parameter value or maximum operating 
parameter value, as appropriate for the control device, established by 
the owner or operator to define the conditions at which the control 
device must be operated to continuously achieve the applicable 
performance requirements of Sec. 63.771(d)(1) or (e)(3)(ii).
    (ii) An explanation of the rationale for why the owner or operator 
selected each of the operating parameter values established in 
Sec. 63.773(d)(5). This explanation shall include any data and 
calculations used to develop the value and a description of why the 
chosen value indicates that the control device is operating in 
accordance with the applicable requirements of Sec. 63.771(d)(1) or 
Sec. 63.771(e)(3)(ii).
    (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.
    (6) Results of any continuous monitoring system performance 
evaluations shall be included in the Notification of Compliance Status 
Report.
    (7) 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 subpart. 
After a title V permit has been issued to the owner or operator of an 
affected source, and each time a notification of compliance status is 
required under this subpart, 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 this subpart.
    (8) The owner or operator that elects to comply with the 
requirements of Sec. 63.765(b)(1)(ii) shall submit the records required 
under Sec. 63.774(c).
    (9) The owner or operator shall submit an analysis demonstrating 
whether an affected source is a major source using the maximum 
throughput calculated according to Sec. 63.760(a)(1).
    (10) The owner or operator shall submit a statement as to whether 
the source has complied with the requirements of this subpart.
    (11) The owner or operator shall submit the analysis prepared under 
Sec. 63.771(e)(2) to demonstrate the conditions by which the facility 
will be operated to achieve an overall HAP emission reduction of 95.0 
percent through process modifications or a combination of process 
modifications and one or more control devices.
    (e) Periodic Reports. An owner or operator shall prepare Periodic 
Reports in accordance with paragraphs (e) (1) and (2) of this section 
and submit them to the Administrator.
    (1) An owner or operator shall submit Periodic Reports semiannually, 
beginning 60 operating days after the end of the applicable reporting 
period. The first report shall be submitted no later than 240 days after 
the date the Notification of Compliance Status Report is due and shall 
cover the 6-month period

[[Page 918]]

beginning on the date the Notification of Compliance Status Report is 
due.
    (2) The owner or operator shall include the information specified in 
paragraphs (e)(2)(i) through (ix) of this section, as applicable.
    (i) The information required under Sec. 63.10(e)(3). For the 
purposes of this subpart and the information required under 
Sec. 63.10(e)(3), excursions (as defined in Sec. 63.773(d)(6)) shall be 
considered excess emissions.
    (ii) A description of all excursions as defined in Sec. 63.773(d)(6) 
of this subpart that have occurred during the 6-month reporting period.
    (A) For each excursion caused when the daily average value of a 
monitored operating parameter is less than the minimum operating 
parameter limit (or, if applicable, greater than the maximum operating 
parameter limit), as specified in Sec. 63.773(d)(6)(i), the report must 
include the daily average values of the monitored parameter, the 
applicable operating parameter limit, and the date and duration of the 
period that the excursion occurred.
    (B) For each excursion caused when the 365-day average condenser 
control efficiency is less than 95.0 percent, as specified in 
Sec. 63.773(d)(6)(ii), the report must include the 365-day average 
values of the condenser control efficiency, and the date and duration of 
the period that the excursion occurred.
    (C) For each excursion caused when condenser control efficiency is 
less than 90.0 percent, as calculated according to the procedures 
specified in Sec. 63.772(g)(2)(iii) (A) or (B), the report must include 
the average values of the condenser control efficiency, and the date and 
duration of the period that the excursion occurred.
    (D) For each excursion caused by lack of monitoring data, as 
specified in Sec. 63.773(d)(6)(iii), the report must include the date 
and duration of the period when the monitoring data were not collected 
and the reason why the data were not collected.
    (iii) For each inspection conducted in accordance with 
Sec. 63.773(c) during which a leak or defect is detected, the records 
specified in Sec. 63.774(b)(7) must be included in the next Periodic 
Report.
    (iv) For each owner or operator subject to the provisions specified 
in Sec. 63.769, the owner or operator shall comply with the reporting 
requirements specified in 40 CFR 61.247, except that the Periodic 
Reports shall be submitted on the schedule specified in paragraph (e)(1) 
of this section.
    (v) For each closed-vent system with a bypass line subject to 
Sec. 63.771(c)(3)(i)(A), records required under Sec. 63.774(b)(4)(iii) 
of all periods when the vent stream is diverted from the control device 
through a bypass line. For each closed-vent system with a bypass line 
subject to Sec. 63.771(c)(3)(i)(B), records required under 
Sec. 63.774(b)(4)(iv) of all periods in which the seal mechanism is 
broken, the bypass valve position has changed, or the key to unlock the 
bypass line valve was checked out.
    (vi) If an owner or operator elects to comply with 
Sec. 63.765(b)(1)(ii), the records required under Sec. 63.774(c)(3).
    (vii) The information in paragraphs (e)(2)(vii) (A) and (B) of this 
section shall be stated in the Periodic Report, when applicable.
    (A) No excursions.
    (B) No continuous monitoring system has been inoperative, out of 
control, repaired, or adjusted.
    (viii) Any change in compliance methods as specified in 
Sec. 63.772(f).
    (ix) If the owner or operator elects to comply with 
Sec. 63.765(c)(2), the records required under Sec. 63.774(b)(11).
    (f) Notification of process change. Whenever a process change is 
made, or a change in any of the information submitted in the 
Notification of Compliance Status Report, the owner or operator shall 
submit a report within 180 days after the process change is made or as a 
part of the next Periodic Report as required under paragraph (e) of this 
section, whichever is sooner. The report shall include:
    (1) A brief description of the process change;
    (2) A description of any modification to standard procedures or 
quality assurance procedures;
    (3) Revisions to any of the information reported in the original 
Notification of Compliance Status Report under paragraph (d) of this 
section; and
    (4) Information required by the Notification of Compliance Status 
Report under paragraph (d) of this section for

[[Page 919]]

changes involving the addition of processes or equipment.



Sec. 63.776  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(l) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities will not be delegated to States for Secs. 63.772 and 
63.777 of this subpart.



Sec. 63.777  Alternative means of emission limitation.

    (a) If, in the judgment of the Administrator, an alternative means 
of emission limitation will achieve a reduction in HAP emissions at 
least equivalent to the reduction in HAP emissions from that source 
achieved under the applicable requirements in Secs. 63.764 through 
63.771, the Administrator will publish in the Federal Register a notice 
permitting the use of the alternative means for purposes of compliance 
with that requirement. The notice may condition the permission on 
requirements related to the operation and maintenance of the alternative 
means.
    (b) Any notice under paragraph (a) of this section shall be 
published only after public notice and an opportunity for a hearing.
    (c) Any person seeking permission to use an alternative means of 
compliance under this section shall collect, verify, and submit to the 
Administrator information demonstrating that the alternative achieves 
equivalent emission reductions.



Secs. 63.778-63.779  [Reserved]

                     Appendix to Subpart HH--Tables

 Table 1 to Subpart HH--List of Hazardous Air Pollutants for Subpart HH
------------------------------------------------------------------------
              CAS Number a                        Chemical name
------------------------------------------------------------------------
75070..................................  Acetaldehyde
71432..................................  Benzene (includes benzene in
                                          gasoline)
75150..................................  Carbon disulfide
463581.................................  Carbonyl sulfide
100414.................................  Ethyl benzene
107211.................................  Ethylene glycol
50000..................................  Formaldehyde
110543.................................  n-Hexane
91203..................................  Naphthalene
108883.................................  Toluene
540841.................................  2,2,4-Trimethylpentane
1330207................................  Xylenes (isomers and mixture)
95476..................................  o-Xylene
108383.................................  m-Xylene
106423.................................  p-Xylene
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Services registry number
  assigned to specific compounds, isomers, or mixtures of compounds.


     Table 2 To Subpart HH--Applicability of 40 CFR Part 63 General
                        Provisions To Subpart HH
------------------------------------------------------------------------
                                  Applicable to
General provisions reference       subpart HH            Explanation
------------------------------------------------------------------------
Sec.  63.1(a)(1)............  Yes
Sec.  63.1(a)(2)............  Yes
Sec.  63.1(a)(3)............  Yes
Sec.  63.1(a)(4)............  Yes
Sec.  63.1(a)(5)............  No..................  Section reserved.
Sec.  63.1(a)(6) through      Yes
 (a)(8).
Sec.  63.1(a)(9)............  No..................  Section reserved.
Sec.  63.1(a)(10)...........  Yes
Sec.  63.1(a)(11)...........  Yes
Sec.  63.1(a)(12) through     Yes
 (a)(14).
Sec.  63.1(b)(1)............  No..................  Subpart HH specifies
                                                     applicability.
Sec.  63.1(b)(2)............  Yes
Sec.  63.1(b)(3)............  No
Sec.  63.1(c)(1)............  No..................  Subpart HH specifies
                                                     applicability.
Sec.  63.1(c)(2)............  No
Sec.  63.1(c)(3)............  No..................  Section reserved.
Sec.  63.1(c)(4)............  Yes
Sec.  63.1(c)(5)............  Yes
Sec.  63.1(d)...............  No..................  Section reserved.
Sec.  63.1(e)...............  Yes
Sec.  63.2..................  Yes.................  Except definition of
                                                     major source is
                                                     unique for this
                                                     source category and
                                                     there are
                                                     additional
                                                     definitions in
                                                     subpart HH.
Sec.  63.3(a) through (c)...  Yes

[[Page 920]]

 
Sec.  63.4(a)(1) through      Yes
 (a)(3).
Sec.  63.4(a)(4)............  No..................  Section reserved.
Sec.  63.4(a)(5)............  Yes
Sec.  63.4(b)...............  Yes
Sec.  63.4(c)...............  Yes
Sec.  63.5(a)(1)............  Yes
Sec.  63.5(a)(2)............  No..................  Preconstruction
                                                     review required
                                                     only for major
                                                     sources that
                                                     commence
                                                     construction after
                                                     promulgation of the
                                                     standard.
Sec.  63.5(b)(1)............  Yes
Sec.  63.5(b)(2)............  No..................  Section reserved.
Sec.  63.5(b)(3)............  Yes
Sec.  63.5(b)(4)............  Yes
Sec.  63.5(b)(5)............  Yes
Sec.  63.5(b)(6)............  Yes
Sec.  63.5(c)...............  No..................  Section reserved.
Sec.  63.5(d)(1)............  Yes
Sec.  63.5(d)(2)............  Yes
Sec.  63.5(d)(3)............  Yes
Sec.  63.5(d)(4)............  Yes
Sec.  63.5(e)...............  Yes
Sec.  63.5(f)(1)............  Yes
Sec.  63.5(f)(2)............  Yes
Sec.  63.6(a)...............  Yes
Sec.  63.6(b)(1)............  Yes
Sec.  63.6(b)(2)............  Yes
Sec.  63.6(b)(3)............  Yes
Sec.  63.6(b)(4)............  Yes
Sec.  63.6(b)(5)............  Yes
Sec.  63.6(b)(6)............  No..................  Section reserved.
Sec.  63.6(b)(7)............  Yes
Sec.  63.6(c)(1)............  Yes
Sec.  63.6(c)(2)............  Yes
Sec.  63.6(c)(3) through      No..................  Section reserved.
 (c)(4).
Sec.  63.6(c)(5)............  Yes
Sec.  63.6(d)...............  No..................  Section reserved.
Sec.  63.6(e)...............  Yes.................  Except as otherwise
                                                     specified.
Sec.  63.6(e)(1)(i).........  No..................  Addressed in Sec.
                                                     63.762.
Sec.  63.6(e)(1)(ii)........  Yes
Sec.  63.6(e)(1)(iii).......  Yes
Sec.  63.6(e)(2)............  Yes
Sec.  63.6(e)(3)(i).........  Yes.................  Except as otherwise
                                                     specified.
Sec.  63.6(e)(3)(i)(A)......  No..................  Addressed by Sec.
                                                     63.762(c).
Sec.  63.6(e)(3)(i)(B)......  Yes
Sec.  63.6(e)(3)(i)(C)......  Yes
Sec.  63.6(e)(3)(ii) through  Yes
 (3)(vi).
Sec.  63.6(e)(3)(vii).......
Sec.  63.6(e)(3)(vii)(A)....  Yes
Sec.  63.6(e)(3)(vii)(B)....  Yes.................  Except that the plan
                                                     must provide for
                                                     operation in
                                                     compliance with
                                                     Sec.  63.762(c).
Sec.  63.6(e)(3)(vii)(C)....  Yes
Sec.  63.6(e)3)(viii).......  Yes
Sec.  63.6(f)(1)............  Yes
Sec.  63.6(f)(2)............  Yes
Sec.  63.6(f)(3)............  Yes
Sec.  63.6(g)...............  Yes
Sec.  63.6(h)...............  No..................  Subpart HH does not
                                                     require continuous
                                                     emissions
                                                     monitoring systems.
Sec.  63.6(i)(1) through      Yes
 (i)(14).
Sec.  63.6(i)(15)...........  No..................  Section reserved.
Sec.  63.6(i)(16)...........  Yes
Sec.  63.6(j)...............  Yes
Sec.  63.7(a)(1)............  Yes
Sec.  63.7(a)(2)............  Yes
Sec.  63.7(a)(3)............  Yes
Sec.  63.7(b)...............  Yes
Sec.  63.7(c)...............  Yes
Sec.  63.7(d)...............  Yes
Sec.  63.7(e)(1)............  Yes
Sec.  63.7(e)(2)............  Yes

[[Page 921]]

 
Sec.  63.7(e)(3)............  Yes
Sec.  63.7(e)(4)............  Yes
Sec.  63.7(f)...............  Yes
Sec.  63.7(g)...............  Yes
Sec.  63.7(h)...............  Yes
Sec.  63.8(a)(1)............  Yes
Sec.  63.8(a)(2)............  Yes
Sec.  63.8(a)(3)............  No..................  Section reserved.
Sec.  63.8(a)(4)............  Yes
Sec.  63.8(b)(1)............  Yes
Sec.  63.8(b)(2)............  Yes
Sec.  63.8(b)(3)............  Yes
Sec.  63.8(c)(1)............  Yes
Sec.  63.8(c)(2)............  Yes
Sec.  63.8(c)(3)............  Yes
Sec.  63.8(c)(4)............  No
Sec.  63.8(c)(5) through      Yes
 (c)(8).
Sec.  63.8(d)...............  Yes
Sec.  63.8(e)...............  Yes.................  Subpart HH does not
                                                     specifically
                                                     require continuous
                                                     emissions monitor
                                                     performance
                                                     evaluations,
                                                     however, the
                                                     Administrator can
                                                     request that one be
                                                     conducted.
Sec.  63.8(f)(1) through      Yes
 (f)(5).
Sec.  63.8(f)(6)............  No..................  Subpart HH does not
                                                     require continuous
                                                     emissions
                                                     monitoring.
Sec.  63.8(g)...............  No..................  Subpart HH specifies
                                                     continuous
                                                     monitoring system
                                                     data reduction
                                                     requirements.
Sec.  63.9(a)...............  Yes
Sec.  63.9(b)(1)............  Yes
Sec.  63.9(b)(2)............  Yes.................  Sources are given 1
                                                     year (rather than
                                                     120 days) to submit
                                                     this notification.
Sec.  63.9(b)(3)............  Yes
Sec.  63.9(b)(4)............  Yes
Sec.  63.9(b)(5)............  Yes
Sec.  63.9(c)...............  Yes
Sec.  63.9(d)...............  Yes
Sec.  63.9(e)...............  Yes
Sec.  63.9(f)...............  Yes
Sec.  63.9(g)...............  Yes
Sec.  63.9(h)(1) through      Yes
 (h)(3).
Sec.  63.9(h)(4)............  No..................  Section reserved.
Sec.  63.9(h)(5) through      Yes
 (h)(6).
Sec.  63.9(i)...............  Yes
Sec.  63.9(j)...............  Yes
Sec.  63.10(a)..............  Yes
Sec.  63.10(b)(1)...........  Yes
Sec.  63.10(b)(2)...........  Yes
Sec.  63.10(b)(3)...........  No
Sec.  63.10(c)(1)...........  Yes
Sec.  63.10(c)(2) through     No..................  Sections reserved.
 (c)(4).
Sec.  63.10(c)(5) Through     Yes
 (c)(8).
Sec.  63.10(c)(9)...........  No..................  Section reserved.
Sec.  63.10(c)(10) through    Yes
 (c)(15).
Sec.  63.10(d)(1)...........  Yes
Sec.  63.10(d)(2)...........  Yes
Sec.  63.10(d)(3)...........  Yes
Sec.  63.10(d)(4)...........  Yes
Sec.  63.10(d)(5)...........  Yes.................  Subpart HH requires
                                                     major sources to
                                                     submit a startup,
                                                     shutdown and
                                                     malfunction report
                                                     semi-annually.
Sec.  63.10(e)(1)...........  Yes
Sec.  63.10(e)(2)...........  Yes
Sec.  63.10(e)(3)(i)........  Yes.................  Subpart HH requires
                                                     major sources to
                                                     submit Periodic
                                                     Reports semi-
                                                     annually.
Sec.  63.10(e)(3)(i)(A).....  Yes
Sec.  63.10(e)(3)(i)(B).....  Yes
Sec.  63.10(e)(3)(i)(C).....  No..................  Subpart HH does not
                                                     require quarterly
                                                     reporting for
                                                     excess emissions.
Sec.  63.10(e)(3)(ii)         Yes
 through (viii).
Sec.  63.10(f)..............  Yes

[[Page 922]]

 
Sec.  63.11(a) and (b)......  Yes
Sec.  63.12(a) through (c)..  Yes
Sec.  63.13(a) through (c)..  Yes
Sec.  63.14(a) and (b)......  Yes
Sec.  63.15(a) and (b)......  Yes
------------------------------------------------------------------------



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 923]]

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 924]]

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 925]]

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 926]]

    (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 927]]

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.

[[Page 928]]

    (vi) If the volume of thinner actually used with the coating 
[paragraph (c)(3)(v) of this section] is less than or equal to the total 
allowable volume of thinner for the coating [paragraph (c)(3)(iv) of 
this section], then compliance is demonstrated for the coating for the 
previous month, unless a violation is revealed using Method 24 of 
Appendix A to 40 CFR part 60.
    (3) Coatings to which the same thinning solvent will be added--group 
compliance. For coatings to which the same thinning solvent (or other 
material) is routinely or sometimes added, the owner or operator shall 
comply as follows:
    (i) Designate a single thinner to be added to each coating during 
the month and ``group'' coatings according to their designated thinner.
    (ii) Prior to the first application of each batch, calculate the 
maximum allowable thinning ratio (or ratios, if the affected source 
complies with the cold-weather limits in addition to the other limits 
specified in Table 2 of this subpart) for each batch of coating in the 
group using the equations in paragraph (c)(2) of this section.
    (iii) Prior to the first application of each ``batch,'' notify 
painters and other persons, as necessary, of the designated thinner and 
maximum allowable thinning ratio(s) for each batch in the group by 
affixing a label to each container of coating or through another means 
described in the implementation plan required in Sec. 63.787(b).
    (iv) By the 15th day of each calendar month, determine the volume of 
each batch of the group used, as supplied, during the previous month.
    (v) By the 15th day of each calendar month, determine the total 
allowable volume of thinner for the group for the previous month using 
Equation 3 of this subpart.
    (vi) By the 15th day of each calendar month, determine the volume of 
thinner actually used with the group during the previous month.
    (vii) If the volume of thinner actually used with the group 
[paragraph (c)(3)(vi) of this section] is less than or equal to the 
total allowable volume of thinner for the group [paragraph (c)(3)(v) of 
this section], then compliance is demonstrated for the group for the 
previous month, unless a violation is revealed using Method 24 of 
Appendix A to 40 CFR part 60.
    (4) Demonstration of compliance through an alternative (i.e., other 
than Method 24 of Appendix A to 40 CFR part 60) test method. The owner 
or operator shall comply as follows:
    (i) Certify the as-supplied VOHAP content (g VOHAP/L solids) of each 
batch of coating.
    (ii) If no thinning solvent will be added to the coating, the owner 
or operator of an affected source shall follow the procedure described 
in Sec. 63.785(c)(1), except that VOHAP content shall be used in lieu of 
VOC content.
    (iii) If thinning solvent will be added to the coating, the owner or 
operator of an affected source shall follow the procedure described in 
Sec. 63.785(c)(2) or (3), except that in Equation 1 of this subpart: the 
term ``mVOC'' shall be replaced by the term 
``mVOHAP,'' defined as the VOHAP content of the coating as 
supplied (g VOHAP/L coating) and the term ``Dth'' shall be 
replaced by the term ``Dth(VOHAP)'' defined as the average 
density of the VOHAP thinner(s) (g/L).
    (d) A violation revealed through any approved test method shall 
result in a 1-day violation for enforcement purposes. A violation 
revealed through the recordkeeping procedures described in paragraphs 
(c)(1) through (c)(4) of this section shall result in a 30-day violation 
for enforcement purposes, unless the owner or operator provides 
sufficient data to demonstrate the specific days during which 
noncompliant coatings were applied.

[[Page 929]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.045



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

[[Page 930]]

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 
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

[[Page 931]]

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.
    (3) The records required by paragraph (b)(2) of this section shall 
include additional information, as determined by the compliance 
procedure(s) described

[[Page 932]]

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.
    (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

[[Page 933]]

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.
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.

[[Page 934]]

 
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                     550        1,597
   thermoplastics................
  Rubber camouflage..............          340          571          728
  Sealant for thermal spray                610        2,235
   aluminum......................
  Special marking................          490        1,178
  Specialty interior.............          340          571          728
  Tack coat......................          610        2,235
  Undersea weapons systems.......          340          571          728
  Weld-through precon. primer....          650        2,885
------------------------------------------------------------------------
a The limits are expressed in two sets of equivalent units. Either set
  of limits may be used for the compliance procedure described in Sec.
  63.785(c)(1), but only the limits expressed in units of g/L solids
  (nonvolatiles) shall be used for the compliance procedures described
  Sec.  63.785(c) (2) through (4).
b VOC (including exempt compounds listed as HAP) shall be used as a
  surrogate for VOHAP for those compliance procedures described in Sec.
  63.785(c) (1) through (3).
c To convert from g/L to lb/gal, multiply by (3.785 L/gal)(1/453.6 lb/g)
  or 1/120. For compliance purposes, metric units define the standards.

[[Page 935]]

 
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 abc
----------------------------------------------------------------------------------------------------------------
                                                     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         X
 sources (Sec.  63.781(b))......................
Volume of each low-usage-exempt coating applied       X       X
 at affected sources (Sec.  63.781(c))..........
ID of the coatings used, their appropriate            X       X
 coating categories, and the applicable VOHAP
 limit..........................................
Determination of whether containers meet the          X       X
 standards described in Sec.  63.783(b)(2)......
Results of M-24 or other approved tests.........      X       X
Certification of the as-supplied VOC content of       X
 each batch.....................................
Certification of the as-applied VOC content of                        X
 each batch.....................................
Volume of each coating applied..................                      X       X
Density of each thinner and volume fraction of                                        X       X
 solids in each batch...........................
Maximum allowable thinning ratio(s) for each                                          X       X       X       X
 batch..........................................
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                                                          X       X
 designated thinners............................
----------------------------------------------------------------------------------------------------------------
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).

         Appendix A to Subpart II of Part 63--VOC Data Sheet \1\

    Properties of the Coating ``As Supplied'' by the Manufacturer \2\

Coating Manufacturer:___________________________________________________
Coating Identification:_________________________________________________
Batch Identification:___________________________________________________
Supplied To:____________________________________________________________
---------------------------------------------------------------------------

    \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.

---------------------------------------------------------------------------
    Properties of the coating as supplied \1\ to the customer:

A. Coating Density: (Dc)s ____ g/L
    [  ] ASTM D1475-90 *  [  ] Other \3\
B. Total Volatiles: (mv)s ____ Mass Percent
    [  ] ASTM D2369-93 * [  ] Other \3\
C. Water Content: 1. (mw)s ____ Mass Percent
---------------------------------------------------------------------------

    * Incorporation by reference--see Sec. 63.14.
    \3\ Explain the other method used under ``Remarks.''
---------------------------------------------------------------------------

    [  ] 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 936]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.046

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

[[Page 937]]



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 938]]

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 939]]

    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 HAP 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 940]]

    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 HAP 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 VHAP from pumps, valves, flanges, 
or other equipment used to transfer or apply coatings, adhesives, or 
organic HAP solvents.
    Equivalent method means any method of sampling and analyzing for an 
air pollutant that has been demonstrated to the Administrator's 
satisfaction to have a consistent and quantitatively known relationship 
to the reference method, under specific conditions.
    Finishing material means a coating used in the wood furniture 
industry. Such materials include, but are not limited to, stains, 
basecoats, washcoats, enamels, sealers, and topcoats.
    Finishing operation means those operations in which a finishing 
material is applied to a substrate and is subsequently air-dried, cured 
in an oven, or cured by radiation.
    Foam adhesive means a contact adhesive used for gluing foam to 
fabric, foam to foam, and fabric to wood.
    Gluing operation means those operations in which adhesives are used 
to join components, for example, to apply a laminate to a wood substrate 
or foam to fabric.

[[Page 941]]

    Incidental wood furniture manufacturer means a major source that is 
primarily engaged in the manufacture of products other than wood 
furniture or wood furniture components and that uses no more than 100 
gallons per month of finishing material or adhesives in the manufacture 
of wood furniture or wood furniture components.
    Incinerator means, for the purposes of this industry, an enclosed 
combustion device that thermally oxidizes volatile organic compounds to 
CO and CO2. This term does not include devices that burn 
municipal or hazardous waste material.
    Janitorial maintenance means the upkeep of equipment or building 
structures that is not directly related to the manufacturing process, 
for example, cleaning of restroom facilities.
    Lower confidence limit (LCL) approach means a set of approval 
criteria that must be met so that data from an alternative test method 
can be used in determining the capture efficiency of a control system. 
For additional information, see Guidelines for Determining Capture 
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
    Material safety data sheet (MSDS) means the documentation required 
for hazardous chemicals by the Occupational Safety and Health 
Administration (OSHA) Hazard Communication Standard (29 CFR Part 1910) 
for a solvent, cleaning material, contact adhesive, coating, or other 
material that identifies select reportable hazardous ingredients of the 
material, safety and health considerations, and handling procedures.
    Noncompliant coating/contact adhesive means a finishing material, 
contact adhesive, or strippable booth coating that has a VHAP content 
(VOC content for the strippable booth coating) greater than the emission 
limitation presented in Table 3 of this subpart.
    Nonporous substrate means a surface that is impermeable to liquids. 
Examples include metal, rigid plastic, flexible vinyl, and rubber.
    Normally closed container means a container that is closed unless an 
operator is actively engaged in activities such as emptying or filling 
the container.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter that, if achieved 
by itself or in combination with one or more other operating parameter 
values, determines that an owner or operator has complied with an 
applicable emission limit.
    Organic HAP solvent means a HAP that is a volatile organic liquid 
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 HAP 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 HAP 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

[[Page 942]]

used in some finishing systems to optimize aesthetics are not sealers.
    Solvent means a liquid used in a coating or contact adhesive to 
dissolve or disperse constituents and/or to adjust viscosity. It 
evaporates during drying and does not become a part of the dried film.
    Stain means any color coat having a solids content by weight of no 
more than 8.0 percent that is applied in single or multiple coats 
directly to the substrate. It includes, but is not limited to, nongrain 
raising stains, equalizer stains, prestains, sap stains, body stains, 
no-wipe stains, penetrating stains, and toners.
    Storage containers means vessels or tanks, including mix equipment, 
used to hold finishing, gluing, cleaning, or washoff materials.
    Strippable spray booth material means a coating that:
    (1) Is applied to a spray booth wall to provide a protective film to 
receive over spray during finishing operations;
    (2) That is subsequently peeled off and disposed; and
    (3) By achieving (1) and (2) of this definition reduces or 
eliminates the need to use organic HAP 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 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 HAP 
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

[[Page 943]]

wood furniture or wood furniture component manufacturing operation are 
excluded from this definition.
    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; 63 FR 71380, Dec. 28, 1998]



Sec. 63.802  Emission limits.

    (a) Each owner or operator of an existing affected source subject to 
this subpart shall:
    (1) Limit VHAP emissions from finishing operations by meeting the 
emission limitations for existing sources presented in Table 3 of this 
subpart, using any of the compliance methods in Sec. 63.804(a). To 
determine VHAP emissions from a finishing material containing 
formaldehyde or styrene, the owner or operator of the affected source 
shall use the methods presented in Sec. 63.803(l)(2) for determining 
styrene and formaldehyde usage.
    (2) Limit VHAP emissions from contact adhesives by achieving a VHAP 
limit for contact adhesives based on the following criteria:

[[Page 944]]

    (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 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;

[[Page 945]]

    (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 HAP 
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 HAP solvent 
accounting form to record:
    (1) The quantity and type of organic HAP 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 organic HAP 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, or plastic 
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 HAP solvent 
per booth to prepare the surface of the booth prior to applying the 
booth coating.
    (g) Storage requirements. Each owner or operator of an affected 
source shall use normally closed containers for storing finishing, 
gluing, cleaning, and washoff materials.
    (h) Application equipment requirements. Each owner or operator of an 
affected source shall use conventional air spray guns to apply finishing 
materials only under any of the following circumstances:
    (1) To apply finishing materials that have a VOC content no greater 
than 1.0 lb VOC/lb solids, as applied;
    (2) For touchup and repair under the following conditions:
    (i) The touchup and repair occurs after completion of the finishing 
operation; or
    (ii) The touchup and repair occurs after the application of stain 
and before the application of any other type of finishing material, and 
the materials used for touchup and repair are applied from a container 
that has a volume of no more than 2.0 gallons.
    (3) When spray is automated, that is, the spray gun is aimed and 
triggered automatically, not manually;
    (4) When emissions from the finishing application station are 
directed to a control device;
    (5) The conventional air gun is used to apply finishing materials 
and the

[[Page 946]]

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 HAP 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 HAP solvent used to clean spray guns into a normally 
closed container.
    (k) Washoff operations. Each owner or operator of an affected source 
shall control emissions from washoff operations by:
    (1) Using normally closed tanks for washoff; and
    (2) Minimizing dripping by tilting or rotating the part to drain as 
much solvent as possible.
    (l) Formulation assessment plan for finishing operations. Each owner 
or operator of an affected source shall prepare and maintain with the 
work practice implementation plan a formulation assessment plan that:
    (1) Identifies VHAP from the list presented in Table 5 of this 
subpart that are being used in finishing operations by the affected 
source;
    (2) Establishes a baseline level of usage by the affected source, 
for each VHAP identified in paragraph (l)(1) of this section. The 
baseline usage level shall be the highest annual usage from 1994, 1995, 
or 1996, for each VHAP identified in paragraph (l)(1) of this section. 
For formaldehyde, the baseline level of usage shall be based on the 
amount of free formaldehyde present in the finishing material when it is 
applied. For styrene, the baseline level of usage shall be an estimate 
of unreacted styrene, which shall be calculated by multiplying the 
amount of styrene monomer in the finishing material, when it is applied, 
by a factor of 0.16. Sources using a control device to reduce emissions 
may adjust their usage based on the overall control efficiency of the 
control system, which is determined using the equation in Sec. 63.805 
(d) or (e).
    (3) Tracks the annual usage of each VHAP identified in (l)(1) by the 
affected source that is present in amounts subject to MSDS reporting as 
required by OSHA.
    (4) If, after November 1998, the annual usage of the VHAP identified 
in paragraph (l)(1) exceeds its baseline level, then the owner or 
operator of the affected source shall provide a written notification to 
the permitting authority that describes the amount of the increase and 
explains the reasons for exceedance of the baseline level. The following 
explanations would relieve the owner or operator from further action, 
unless the affected source is not in compliance with any State 
regulations or requirements for that VHAP:
    (i) The exceedance is no more than 15.0 percent above the baseline 
level;
    (ii) Usage of the VHAP is below the de minimis level presented in 
Table 5 of this subpart for that VHAP (sources using a control device to 
reduce emissions may adjust their usage based on the overall control 
efficiency of the control system, which is determined using the 
procedures in Sec. 63.805 (d) or (e);
    (iii) The affected source is in compliance with its State's air 
toxic regulations or guidelines for the VHAP; or
    (iv) The source of the pollutant is a finishing material with a VOC 
content

[[Page 947]]

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 listed in table 6 of this subpart for which a baseline 
level has not been previously established, then the baseline level shall 
be established as the de minimis level provided in that same table for 
that chemical. The affected source shall track the annual usage of each 
VHAP of potential concern identified in this paragraph that is present 
in amounts subject to MSDS reporting as required by OSHA. If usage of 
the VHAP of potential concern exceeds the de minimis level listed in 
table 6 of this subpart for that chemical, then the affected source 
shall provide an explanation to the permitting authority that documents 
the reason for the exceedance of the de minimis level. If the 
explanation is not one of those listed in paragraphs (l)(4)(i) through 
(l)(4)(iv) of this section, the affected source shall follow the 
procedures in paragraph (l)(5) of this section.

[60 FR 62936, Dec. 7, 1995, as amended at 63 FR 71380, Dec. 28, 1998]



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=(Mc1 Cc1 + Mc2 Cc2 + * * * 
+ Mcn Ccn + S1 W1 + 
S2 W2 + * * * Sn Wn)/
(Mc1 + Mc2 + * * * + Mcn)    Equation 1

    (2) Use compliant finishing materials according to the following 
criteria:
    (i) Demonstrate that each stain, sealer, and topcoat has a VHAP 
content of no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), 
as applied, and each thinner contains no more than 10.0 percent VHAP by 
weight by maintaining certified product data sheets for each coating and 
thinner;
    (ii) Demonstrate that each washcoat, basecoat, and enamel that is 
purchased pre-made, that is, it is not formulated onsite by thinning 
another finishing material, has a VHAP content of no more than 1.0 kg 
VHAP/kg solids (1.0 lb VHAP/lb solids), as applied, and each thinner 
contains no more than 10.0 percent VHAP by weight by maintaining 
certified product data sheets for each coating and thinner; and
    (iii) Demonstrate that each washcoat, basecoat, and enamel that is 
formulated at the affected source is formulated using a finishing 
material containing no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb 
solids) and a thinner containing no more than 3.0 percent VHAP by 
weight.
    (3) Use a control system with an overall control efficiency (R) such 
that the value of Eac in Equation 2 is no greater than 1.0.

R=[(Ebc-Eac)/Ebc](100)    Equation 2

    The value of Ebc in Equation 2 shall be calculated using 
Equation 1; or
    (4) Use any combination of an averaging approach, as described in 
paragraph (a)(1) of this section, compliant finishing materials, as 
described in paragraph (a)(2) of this section, and a

[[Page 948]]

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 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:

[[Page 949]]

    (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);
    (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

[[Page 950]]

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 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,

[[Page 951]]

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 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,

[[Page 952]]

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 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,

[[Page 953]]

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 shall govern unless after consultation, a regulated source could 
demonstrate to the satisfaction of the enforcement agency that the 
formulation data were

[[Page 954]]

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 955]]

[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 956]]

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 957]]

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 958]]

    (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 959]]

 
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
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         94757
 esters).....................................................

[[Page 960]]

 
DDE (1,1-Dichloro-2,2-bis(p-chlorophenyl)ethylene)...........      72559
Diazomethane.................................................     334883
Dibenzofuran.................................................     132649
1,2-Dibromo-3-chloropropane..................................      96128
Dibutylphthalate.............................................      84742
1,4-Dichlorobenzene..........................................     106467
3,3'-Dichlorobenzidine.......................................      91941
Dichloroethyl ether (Bis(2-chloroethyl)ether)................     111444
1,3-Dichloropropene..........................................     542756
Diethanolamine...............................................     111422
N,N-Dimethylaniline..........................................     121697
Diethyl sulfate..............................................      64675
3,3'-Dimethoxybenzidine......................................     119904
4-Dimethylaminoazobenzene....................................      60117
3,3'-Dimethylbenzidine.......................................     119937
Dimethylcarbamoyl chloride...................................      79447
N,N-Dimethylformamide........................................      68122
1,1-Dimethylhydrazine........................................      57147
Dimethyl phthalate...........................................     131113
Dimethyl sulfate.............................................      77781
4,6-Dinitro-o-cresol, and salts..............................     534521
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
Glycolethers a...............................................  .........
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 .................................  .........
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.


[63 FR 71381, Dec. 28, 1998]

[[Page 961]]


                  Table 3.--Summary of Emission Limits
------------------------------------------------------------------------
                                                  Existing
                Emission point                     source     New source
------------------------------------------------------------------------
Finishing Operations:
  (a) Achieve a weighted average VHAP content         a 1.0        a 0.8
   across all coatings (maximum kg VHAP/kg
   solids [lb VHAP/lb solids], as applied.....
  (b) Use compliant finishing materials
   (maximum kg VHAP/kg solids [lb VHAP/lb
   solids], as applied):
      --stains................................        a 1.0        a 1.0
      --washcoats.............................      a,b 1.0      a,b 0.8
      --sealers...............................        a 1.0        a 0.8
      --topcoats..............................        a 1.0        a 0.8
      --basecoats.............................      a,b 1.0      a,b 0.8
      --enamels...............................      a,b 1.0      a,b 0.8
      --thinners (maximum percent VHAP                 10.0         10.0
       allowable); or.........................
  (c) As an alternative, use control device;          c 1.0        c 0.8
   or.........................................
  (d) Use any combination of (a), (b), and (c)          1.0          0.8
Cleaning Operations:
  Strippable spray booth material (maximum VOC          0.8          0.8
   content, kg VOC/kg solids [lb VOC/lb
   solids])...................................
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                d NA         d NA
       contact adhesives applied to nonporous
       substrates.............................
      ii. For foam adhesives used in products           1.8          0.2
       that meet flammability requirements....
      iii. For all other contact adhesives              1.0          0.2
       (including foam adhesives used in
       products that do not meet flammability
       requirements); or......................
  (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..........................................  .........
Ethylene oxide...............................................      75218
Ethylene thiourea............................................      96457

[[Page 962]]

 
Vinyl bromide (bromoethene)..................................     593602
Selenium sulfide (mono and di)...............................    7488564
Chloroform...................................................      67663
Pentachlorophenol............................................      87865
Ethyl carbamate (Urethane)...................................      51796
Ethylene dichloride (1,2-Dichloroethane).....................     107062
Propylene dichloride (1,2-Dichloropropane)...................      78875
Carbon tetrachloride.........................................      56235
Benzene......................................................      71432
Methyl hydrazine.............................................      60344
Ethyl acrylate...............................................     140885
Propylene oxide..............................................      75569
Aniline......................................................      62533
1,4-Dichlorobenzene(p).......................................     106467
2,4,6-Trichlorophenol........................................      88062
Bis (2-ethylhexyl) phthalate (DEHP)..........................     117817
o-Toluidine..................................................      95534
Propoxur.....................................................     114261
1,4-Dioxane (1,4-Diethyleneoxide)............................     123911
Acetaldehyde.................................................      75070
Bromoform....................................................      75252
Captan.......................................................     133062
Epichlorohydrin..............................................     106898
Methylene chloride (Dichloromethane).........................      75092
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
------------------------------------------------------------------------


[63 FR 71382, Dec. 28, 1998]

   Table 5.--List of VHAP of Potential Concern Identified by Industry
------------------------------------------------------------------------
                                                                 EPA de
               CAS No.                     Chemical name        minimis,
                                                                tons/yr
------------------------------------------------------------------------
68122...............................       Dimethyl formamide        1.0
50000...............................             Formaldehyde        0.2
75092...............................       Methylene chloride        4.0
79469...............................           2-Nitropropane        1.0
78591...............................               Isophorone        0.7
1000425.............................          Styrene monomer        1.0
108952..............................                   Phenol        0.1
111422..............................          Dimethanolamine        5.0
109864..............................         2-Methoxyethanol       10.0
111159..............................    2-Ethoxyethyl acetate       10.0
------------------------------------------------------------------------


[63 FR 71382, Dec. 28, 1998]

                   Table 6.--VHAP of Potential Concern
------------------------------------------------------------------------
                                                              EPA de
       CAS No.                   Chemical name            minimis, tons/
                                                                yr*
------------------------------------------------------------------------
92671................  4-Aminobiphenyl..................      1.0
96093................  Styrene oxide....................      1.0
64675................  Diethyl sulfate..................      1.0
59892................  N-Nitrosomorpholine..............      1.0
68122................  Dimethyl formamide...............      1.0
680319...............  Hexamethylphosphoramide..........      0.01
60355................  Acetamide........................      1.0
101779...............  4,4'-Methylenedianiline..........      1.0
90040................  o-Anisidine......................      1.0
1746016..............  2,3,7,8-Tetrachlorodibenzo-p-          0.00000006
                        dioxin.
92875................  Benzidine........................      0.00003
684935...............  N-Nitroso-N-methylurea...........      0.00002
542881...............  Bis(chloromethyl) ether..........      0.00003
79447................  Dimethyl carbamoyl chloride......      0.002
75558................  1,2-Propylenimine (2-Methyl            0.0003
                        aziridine).
57147................  1,1-Dimethyl hydrazine...........      0.0008
96128................  1,2-Dibromo-3-chloropropane......      0.001
62759................  N-Nitrosodimethylamine...........      0.0001
50328................  Benzo (a) pyrene.................      0.001
1336363..............  Polychlorinated biphenyls              0.0009
                        (Aroclors).
76448................  Heptachlor.......................      0.002
119937...............  3,3'-Dimethyl benzidine..........      0.001
79061................  Acrylamide.......................      0.002
118741...............  Hexachlorobenzene................      0.004
57749................  Chlordane........................      0.005
1120714..............  1,3-Propane sultone..............      0.003
106990...............  1,3-Butadiene....................      0.007
53963................  2-Acetylaminoflourine............      0.0005
91941................  3,3'-Dichlorobenzidine...........      0.02
58899................  Lindane (hexachlorocyclohexane,        0.005
                        gamma).
95807................  2,4-Toluene diamine..............      0.002
111444...............  Dichloroethyl ether (Bis(2-            0.006
                        chloroethyl)ether).
122667...............  1,2--Diphenylhydrazine...........      0.009
8001352..............  Toxaphene (chlorinated camphene).      0.006

[[Page 963]]

 
121142...............  2,4-Dinitrotoluene...............      0.002
119904...............  3,3'-Dimethoxybenzidine..........      0.01
50000................  Formaldehyde.....................      0.2
101144...............  4,4'-Methylene bis(2-                  0.02
                        chloroaniline).
107131...............  Acrylonitrile....................      0.03
106934...............  Ethylene dibromide(1,2-                0.01
                        Dibromoethane).
72559................  DDE (1,1-p-chlorophenyl 1-2            0.01
                        dichloroethylene).
510156...............  Chlorobenzilate..................      0.04
62737................  Dichlorvos.......................      0.02
75014................  Vinyl chloride...................      0.02
75218................  Ethylene oxide...................      0.09
96457................  Ethylene thiourea................      0.06
593602...............  Vinyl bromide (bromoethene)......      0.06
67663................  Chloroform.......................      0.09
87865................  Pentachlorophenol................      0.07
51796................  Ethyl carbamate (Urethane).......      0.08
107062...............  Ethylene dichloride (1,2-              0.08
                        Dichloroethane).
78875................  Propylene dichloride (1,2-             0.1
                        Dichloropropane).
56235................  Carbon tetrachloride.............      0.1
71432................  Benzene..........................      0.2
140885...............  Ethyl acrylate...................      0.1
75569................  Propylene oxide..................      0.5
62533................  Aniline..........................      0.1
106467...............  1,4-Dichlorobenzene(p)...........      0.3
88062................  2,4,6-Trichlorophenol............      0.6
117817...............  Bis (2-ethylhexyl) phthalate           0.5
                        (DEHP).
95534................  o-Toluidine......................      0.4
114261...............  Propoxur.........................      2.0
79016................  Trichloroethylene................      1.0
123911...............  1,4-Dioxane (1,4-Diethyleneoxide)      0.6
75070................  Acetaldehyde.....................      0.9
75252................  Bromoform........................      2.0
133062...............  Captan...........................      2.0
106898...............  Epichlorohydrin..................      2.0
75092................  Methylene chloride                     4.0
                        (Dichloromethane).
127184...............  Tetrachloroethylene                    4.0
                        (Perchloroethylene).
53703................  Dibenz (ah) anthracene...........      0.01
218019...............  Chrysene.........................      0.01
60117................  Dimethyl aminoazobenzene.........      1.0
56553................  Benzo (a) anthracene.............      0.01
205992...............  Benzo (b) fluoranthene...........      0.01
79469................  2-Nitropropane...................      1.0
542756...............  1,3-Dichloropropene..............      1.0
57976................  7,12-Dimethylbenz (a) anthracene.      0.01
225514...............  Benz(c)acridine..................      0.01
193395...............  Indeno(1,2,3-cd)pyrene...........      0.01
189559...............  1,2:7,8-Dibenzopyrene............      0.01
79345................  1,1,2,2-Tetrachloroethane........      0.03
91225................  Quinoline........................      0.0006
75354................  Vinylidene chloride (1,1-              0.04
                        Dichloroethylene).
87683................  Hexachlorobutadiene..............      0.09
82688................  Pentachloronitrobenzene                0.03
                        (Quintobenzene).
78591................  Isophorone.......................      0.7
79005................  1,1,2-Trichloroethane............      0.1
74873................  Methyl chloride (Chloromethane)..      1.0
67721................  Hexachloroethane.................      0.5
1582098..............  Trifluralin......................      0.9
1319773..............  Cresols/Cresylic acid (isomers         1.0
                        and mixture).
108394...............  m-Cresol.........................      1.0
75343................  Ethylidene dichloride (1,1-            1.0
                        Dichloroethane).
95487................  o-Cresol.........................      1.0
106445...............  p-Cresol.........................      1.0
74884................  Methyl iodide (Iodomethane)......      1.0
100425...............  Styrene..........................      1.0
107051...............  Allyl chloride...................      1.0
334883...............  Diazomethane.....................      1.0
95954................  2,4,5--Trichlorophenol...........      1.0
133904...............  Chloramben.......................      1.0
106887...............  1,2--Epoxybutane.................      1.0
108054...............  Vinyl acetate....................      1.0
126998...............  Chloroprene......................      1.0

[[Page 964]]

 
123319...............  Hydroquinone.....................      1.0
92933................  4-Nitrobiphenyl..................      1.0
56382................  Parathion........................      0.1
13463393.............  Nickel Carbonyl..................      0.1
60344................  Methyl hydrazine.................      0.006
151564...............  Ethylene imine...................      0.0003
77781................  Dimethyl sulfate.................      0.1
107302...............  Chloromethyl methyl ether........      0.1
57578................  beta-Propiolactone...............      0.1
100447...............  Benzyl chloride..................      0.04
98077................  Benzotrichloride.................      0.0006
107028...............  Acrolein.........................      0.04
584849...............  2,4--Toluene diisocyanate........      0.1
75741................  Tetramethyl lead.................      0.01
78002................  Tetraethyl lead..................      0.01
12108133.............  Methylcyclopentadienyl manganese.      0.1
624839...............  Methyl isocyanate................      0.1
77474................  Hexachlorocyclopentadiene........      0.1
62207765.............  Fluomine.........................      0.1
10210681.............  Cobalt carbonyl..................      0.1
79118................  Chloroacetic acid................      0.1
534521...............  4,6-Dinitro-o-cresol, and salts..      0.1
101688...............  Methylene diphenyl diisocyanate..      0.1
108952...............  Phenol...........................      0.1
62384................  Mercury, (acetato-o) phenyl......      0.01
98862................  Acetophenone.....................      1.0
108316...............  Maleic anhydride.................      1.0
532274...............  2-Chloroacetophenone.............      0.06
51285................  2,4-Dinitrophenol................      1.0
109864...............  2-Methyoxy ethanol...............     10.0
98953................  Nitrobenzene.....................      1.0
74839................  Methyl bromide (Bromomethane)....     10.0
75150................  Carbon disulfide.................      1.0
121697...............  N,N-Dimethylaniline..............      1.0
106514...............  Quinone..........................      5.0
123386...............  Propionaldehyde..................      5.0
120809...............  Catechol.........................      5.0
85449................  Phthalic anhydride...............      5.0
463581...............  Carbonyl sulfide.................      5.0
132649...............  Dibenzofurans....................      5.0
100027...............  4-Nitrophenol....................      5.0
540841...............  2,2,4-Trimethylpentane...........      5.0
111422...............  Diethanolamine...................      5.0
822060...............  Hexamethylene-1,6-diisocyanate...      5.0
                       Glycol ethersa...................      5.0
                       Polycyclic organic matterb.......      0.01
------------------------------------------------------------------------
* These values are based on the de minimis levels provided in the
  proposed rulemaking pursuant to section 112(g) of the Act using a 70-
  year lifetime exposure duration for all VHAP. Default assumptions and
  the de minimis values based on inhalation reference doses (RfC) are
  not changed by this adjustment.
a Except for ethylene glycol butyl ether, ethylene glycol ethyl ether (2-
  ethoxy ethanol), ethylene glycol hexyl ether, ethylene glycol methyl
  ether (2-methoxyethanol), ethylene glycol phenyl ether, ethylene
  glycol propyl ether, ethylene glycol mono-2-ethylhexyl ether,
  diethylene glycol butyl ether, diethylene glycol ethyl ether,
  diethylene glycol methyl ether, diethylene glycol hexyl ether,
  diethylene glycol phenyl ether, diethylene glycol propyl ether,
  triethylene glycol butyl ether, triethylene glycol ethyl ether,
  triethylene glycol methyl ether, triethylene glycol propyl ether,
  ethylene glycol butyl ether acetate, ethylene glycol ethyl ether
  acetate, and diethylene glycol ethyl ether acetate.
b 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.

[63 FR 71383, Dec. 28, 1998]



Subpart KK--National Emission Standards for the Printing and Publishing 
                                Industry

    Source: 61 FR 27140, May 30, 1996, unless otherwise.



Sec. 63.820  Applicability.

    (a) The provisions of this subpart apply to:
    (1) Each new and existing facility that is a major source of 
hazardous air pollutants (HAP), as defined in 40 CFR 63.2, at which 
publication rotogravure,

[[Page 965]]

product and packaging rotogravure, or wide-web flexographic printing 
presses are operated, and
    (2) each new and existing facility at which publication rotogravure, 
product and packaging rotogravure, or wide-web flexographic printing 
presses are operated for which the owner or operator chooses to commit 
to, and meets the criteria of paragraphs (a)(2)(i) and (a)(2)(ii) of 
this section for purposes of establishing the facility to be an area 
source with respect to this subpart:
    (i) Use less than 9.1 Mg (10 tons) per each rolling 12-month period 
of each HAP at the facility, including materials used for source 
categories or purposes other than printing and publishing, and
    (ii) Use less than 22.7 Mg (25 tons) per each rolling 12-month 
period of any combination of HAP at the facility, including materials 
used for source categories or purposes other than printing and 
publishing.
    (3) Each facility for which the owner or operator chooses to commit 
to and meets the criteria stated in paragraph (a)(2) of this section 
shall be considered an area source, and is subject only to the 
provisions of Sec. 63.829(d) and Sec. 63.830(b)(1) of this subpart.
    (4) Each facility for which the owner or operator commits to the 
conditions in paragraph (a)(2) of this section may exclude material used 
in routine janitorial or facility grounds maintenance, personal uses by 
employees or other persons, the use of products for the purpose of 
maintaining electric, propane, gasoline and diesel powered motor 
vehicles operated by the facility, and the use of HAP contained in 
intake water (used for processing or noncontact cooling) or intake air 
(used either as compressed air or for combustion).
    (5) Each facility for which the owner or operator commits to the 
conditions in paragraph (a)(2) of this section to become an area source, 
but subsequently exceeds either of the thresholds in paragraph (a)(2) of 
this section for any rolling 12-month period (without first obtaining 
and complying with other limits that keep its potential to emit HAP 
below major source levels), shall be considered in violation of its 
commitment for that 12-month period and shall be considered a major 
source of HAP beginning the first month after the end of the 12-month 
period in which either of the HAP-use thresholds was exceeded. As a 
major source of HAP, each such facility would be subject to the 
provisions of this subpart as noted in paragraph (a)(1) of this section 
and would no longer be eligible to use the provisions of paragraph 
(a)(2) of this section, even if in subsequent 12-month periods the 
facility uses less HAP than the thresholds in paragraph (a)(2) of this 
section.
    (6) An owner or operator of an affected source subject to paragraph 
(a)(2) of this section who chooses to no longer be subject to paragraph 
(a)(2) of this section shall notify the Administrator of such change. 
If, by no longer being subject to paragraph (a)(2) of this section, the 
facility at which the affected source is located becomes a major source:
    (i) The owner or operator of an existing source must continue to 
comply with the HAP usage provisions of paragraph (a)(2) of this section 
until the source is in compliance with all relevant requirements for 
existing affected sources under this subpart;
    (ii) The owner or operator of a new source must continue to comply 
with the HAP usage provisions of paragraph (a)(2) of this section until 
the source is in compliance with all relevant requirements for new 
affected sources under this subpart.
    (7) Nothing in this paragraph is intended to preclude a facility 
from establishing area source status by limiting its potential to emit 
through other appropriate mechanisms that may be available through the 
permitting authority.
    (b) This subpart does not apply to research or laboratory equipment.



Sec. 63.821  Designation of affected sources.

    (a) The affected sources subject to this subpart are:
    (1) All of the publication rotogravure presses and all affiliated 
equipment, including proof presses, cylinder and parts cleaners, ink and 
solvent mixing and storage equipment, and solvent recovery equipment at 
a facility.

[[Page 966]]

    (2) All of the product and packaging rotogravure or wide-web 
flexographic printing presses at a facility plus any other equipment at 
that facility which the owner or operator chooses to include in 
accordance with paragraph (a)(3) of this section, except
    (i) Proof presses, and
    (ii) Any product and packaging rotogravure or wide-web flexographic 
press which is used primarily for coating, laminating, or other 
operations which the owner or operator chooses to exclude, provided that
    (A) The sum of the total mass of inks, coatings, varnishes, 
adhesives, primers, solvents, thinners, reducers, and other materials 
applied by the press using product and packaging rotogravure work 
stations and the total mass of inks, coatings, varnishes, adhesives, 
primers, solvents, thinners, reducers, and other materials applied by 
the press using wide-web flexographic print stations in each month never 
exceeds five weight-percent of the total mass of inks, coatings, 
varnishes, adhesives, primers, solvents, thinners, reducers, and other 
materials applied by the press in that month, including all inboard and 
outboard stations, and
    (B) The owner or operator maintains records as required in 
Sec. 63.829(f).
    (3) The owner or operator of an affected source, as defined in 
paragraph (a)(2) of this section, may elect to include in that affected 
source stand-alone coating equipment subject to the following 
provisions:
    (i) Stand-alone coating equipment meeting any of the criteria 
specified in this subparagraph is eligible for inclusion:
    (A) The stand-alone coating equipment and one or more product and 
packaging rotogravure or wide-web flexographic presses are used to apply 
solids-containing materials to the same web or substrate, or
    (B) The stand-alone coating equipment and one or more product and 
packaging rotogravure or wide-web flexographic presses apply a common 
solids-containing material, or
    (C) A common control device is used to control organic HAP emissions 
from the stand-alone coating equipment and from one or more product and 
packaging rotogravure or wide-web flexographic printing presses;
    (ii) All eligible stand-alone coating equipment located at the 
facility is included in the affected source; and
    (iii) No product and packaging rotogravure or wide-web flexographic 
presses are excluded from the affected source under the provisions of 
paragraph (a)(2)(ii) of this section.
    (b) Each product and packaging rotogravure or wide-web flexographic 
printing affected source at a facility that is a major source of HAP, as 
defined in 40 CFR 63.2, that complies with the criteria of paragraphs 
(b)(1) or (b)(2) on and after the applicable compliance date as 
specified in Sec. 63.826 of this subpart is subject only to the 
requirements of Sec. 63.829(e) and Sec. 63.830(b)(1) of this subpart.
    (1) The owner or operator of the source applies no more than 500 kg 
per month, for every month, of inks, coatings, varnishes, adhesives, 
primers, solvents, thinners, reducers, and other materials on product 
and packaging rotogravure or wide-web flexographic printing presses, or
    (2) The owner or operator of the source applies no more than 400 kg 
per month, for every month, of organic HAP on product and packaging 
rotogravure or wide-web flexographic printing presses.
    (c) Each product and packaging rotogravure or wide-web flexographic 
printing affected source at a facility that is a major source of HAP, as 
defined in 40 CFR 63.2, that complies with neither the criterion of 
paragraph (b)(1) nor (b)(2) of this section in any month after the 
applicable compliance date as specified in Sec. 63.826 of this subpart 
is, starting with that month, subject to all relevant requirements of 
this subpart and is no longer eligible to use the provisions of 
paragraph (b) of this section, even if in subsequent months the affected 
source does comply with the criteria of paragraphs (b)(1) or (b)(2) of 
this section.



Sec. 63.822  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the CAA and in subpart A of this part.

[[Page 967]]

    Always-controlled work station means a work station associated with 
a dryer from which the exhaust is delivered to a control device, with no 
provision for the dryer exhaust to bypass the control device. Sampling 
lines for analyzers and relief valves needed for safety purposes are not 
considered bypass lines.
    Capture efficiency means the fraction of all organic HAP emissions 
generated by a process that are delivered to a control device, expressed 
as a percentage.
    Capture system means a hood, enclosed room, or other means of 
collecting organic HAP emissions into a closed-vent system that exhausts 
to a control device.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve or damper (e.g., from open to closed) in 
such a way that the position of the valve or damper cannot be changed 
without breaking the seal.
    Certified product data sheet (CPDS) means documentation furnished by 
suppliers of inks, coatings, varnishes, adhesives, primers, solvents, 
and other materials or by an outside laboratory that provides the 
organic HAP content of these materials, by weight, measured using Method 
311 of appendix A of this part 63 or an equivalent or alternative method 
(or formulation data as provided in Sec. 63.827(b)) and the solids 
content of these materials, by weight, determined in accordance with 
Sec. 63.827(c). The purpose of the CPDS is to assist the owner or 
operator in demonstrating compliance with the emission limitations 
presented in Secs. 63.824-63.825.
    Coating operation means the application of a uniform layer of 
material across the entire width of a substrate.
    Coating station means a work station on which a coating operation is 
conducted.
    Control device means a device such as a carbon adsorber or oxidizer 
which reduces the organic HAP in an exhaust gas by recovery or by 
destruction.
    Control device efficiency means the ratio of organic HAP emissions 
recovered or destroyed by a control device to the total HAP emissions 
that are introduced into the control device, expressed as a percentage.
    Day means a 24-consecutive-hour period.
    Facility means all contiguous or adjoining property that is under 
common ownership or control, including properties that are separated 
only by a road or other public right-of-way.
    Flexographic press means an unwind or feed section, a series of 
individual work stations, one or more of which is a flexographic print 
station, any dryers (including interstage dryers and overhead tunnel 
dryers) associated with the work stations, and a rewind, stack, or 
collection station. The work stations may be oriented vertically, 
horizontally, or around the circumference of a single large impression 
cylinder. Inboard and outboard work stations, including those employing 
any other technology, such as rotogravure, are included if they are 
capable of printing or coating on the same substrate.
    Flexographic print station means a work station on which a 
flexographic printing operation is conducted. A flexographic print 
station includes a flexographic printing plate which is an image carrier 
made of rubber or other elastomeric material. The image (type and art) 
to be printed is raised above the printing plate.
    HAP applied means the organic HAP content of all inks, coatings, 
varnishes, adhesives, primers, solvent, and other materials applied to a 
substrate by a product and packaging rotogravure or wide-web 
flexographic printing affected source.
    HAP used means the organic HAP applied by a publication rotogravure 
printing affected source, including all organic HAP used for cleaning, 
parts washing, proof presses, and all organic HAP emitted during tank 
loading, ink mixing, and storage.
    Intermittently-controllable work station means a work station 
associated with a dryer with provisions for the dryer exhaust to be 
delivered to or diverted from a control device depending on the position 
of a valve or damper. Sampling lines for analyzers and relief valves 
needed for safety purposes are not considered bypass lines.
    Month means a calendar month or a prespecified period of 28 days to 
35 days.

[[Page 968]]

    Never-controlled work station means a work station which is not 
equipped with provisions by which any emissions, including those in the 
exhaust from any associated dryer, may be delivered to a control device.
    Overall Organic HAP control efficiency means the total efficiency of 
a control system, determined either by:
    (1) The product of the capture efficiency and the control device 
efficiency or
    (2) A liquid-liquid material balance.
    Print station means a work station on which a printing operation is 
conducted.
    Printing operation means the formation of words, designs, and 
pictures on a substrate other than fabric through the application of 
material to that substrate.
    Product and packaging rotogravure printing means the production, on 
a rotogravure press, of any printed substrate not otherwise defined as 
publication rotogravure printing. This includes, but is not limited to, 
folding cartons, flexible packaging, labels and wrappers, gift wraps, 
wall and floor coverings, upholstery, decorative laminates, and tissue 
products.
    Proof press means any device used only to check the quality of the 
image formation of rotogravure cylinders or flexographic plates, which 
prints only non-saleable items.
    Publication rotogravure printing means the production, on a 
rotogravure press, of the following saleable paper products:
    (1) Catalogues, including mail order and premium,
    (2) Direct mail advertisements, including circulars, letters, 
pamphlets, cards, and printed envelopes,
    (3) Display advertisements, including general posters, outdoor 
advertisements, car cards, window posters; counter and floor displays; 
point of purchase and other printed display material,
    (4) Magazines,
    (5) Miscellaneous advertisements, including brochures, pamphlets, 
catalog sheets, circular folders, announcements, package inserts, book 
jackets, market circulars, magazine inserts, and shopping news,
    (6) Newspapers, magazine and comic supplements for newspapers, and 
preprinted newspaper inserts, including hi-fi and spectacolor rolls and 
sections,
    (7) Periodicals, and
    (8) Telephone and other directories, including business reference 
services.
    Research or laboratory equipment means any equipment for which the 
primary purpose is to conduct research and development into new 
processes and products, where such equipment is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.
    Rotogravure press means an unwind or feed section, a series of one 
or more work stations, one or more of which is a rotogravure print 
station, any dryers associated with the work stations, and a rewind, 
stack, or collection section. Inboard and outboard work stations 
including those employing any other technology, such as flexography, are 
included if they are capable of printing or coating on the same 
substrate.
    Rotogravure print station means a work station on which a 
rotogravure printing operation is conducted. A rotogravure print station 
includes a rotogravure cylinder and ink supply. The image (type and art) 
to be printed is etched or engraved below the surface of the rotogravure 
cylinder. On a rotogravure cylinder the printing image consists of 
millions of minute cells.
    Stand-alone coating equipment means an unwind or feed section, a 
series of one or more coating stations and any associated dryers, and a 
rewind, stack or collection section that:
    Is not part of a product and packaging rotogravure or wide-web 
flexographic press, and
    Is used to conduct one or more coating operations on a substrate. 
Stand-alone coating equipment
    May or may not process substrate that is also processed by a product 
and packaging rotogravure or wide-web flexographic press, apply solids-
containing materials that are also applied by a product and packaging 
rotogravure or wide-web flexographic press, and utilize a control device 
that is also utilized by a product and packaging rotogravure or wide-web 
flexographic

[[Page 969]]

press. Stand-alone coating equipment is sometimes referred to as ``off-
line'' coating equipment.
    Wide-web flexographic press means a flexographic press capable of 
printing substrates greater than 18 inches in width.
    Work station means a unit on a rotogravure or wide-web flexographic 
press where material is deposited onto a substrate.
    (b) The symbols used in equations in this subpart are defined as 
follows:
    (1) Cahi=the monthly average, as-applied, organic HAP 
content of solids-containing material, i, expressed as a weight-
fraction, kg/kg.
    (2) Casi=the monthly average, as applied, solids content, 
of solids-containing material, i, expressed as a weight-fraction, kg/kg.
    (3) Chi=the organic HAP content of ink or other solids-
containing material, i, expressed as a weight-fraction, kg/kg.
    (4) Chij=the organic HAP content of solvent j, added to 
solids-containing material i, expressed as a weight-fraction, kg/kg.
    (5) Chj=the organic HAP content of solvent j, expressed 
as a weight-fraction, kg/kg.
    (6) Ci=the organic volatile matter concentration in ppm, 
dry basis, of compound i in the vent gas, as determined by Method 25 or 
Method 25A.
    (7) Csi=the solids content of ink or other material, i, 
expressed as a weight-fraction, kg/kg.
    (8) Cvi=the volatile matter content of ink or other 
material, i, expressed as a weight-fraction, kg/kg.
    (9) E=the organic volatile matter control efficiency of the control 
device, percent.
    (10) F=the organic volatile matter capture efficiency of the capture 
system, percent.
    (11) Gi=the mass fraction of each solids containing 
material, i, which was applied at 20 weight-percent or greater solids 
content, on an as-applied basis, kg/kg.
    (12) H=the total monthly organic HAP applied, kg.
    (13) Ha=the monthly allowable organic HAP emissions, kg.
    (14) HL=the monthly average, as-applied, organic HAP 
content of all solids-containing materials applied at less than 0.04 kg 
organic HAP per kg of material applied, kg/kg.
    (15) Hs=the monthly average, as-applied, organic HAP to 
solids ratio, kg organic HAP/kg solids applied.
    (16) Hsi=the as-applied, organic HAP to solids ratio of 
material i.
    (17) L=the mass organic HAP emission rate per mass of solids 
applied, kg/kg.
    (18) MBi=the sum of the mass of solids-containing 
material, i, applied on intermittently-controllable work stations 
operating in bypass mode and the mass of solids-containing material, i, 
applied on never-controlled work stations, in a month, kg.
    (19) MBj=the sum of the mass of solvent, thinner, 
reducer, diluent, or other non-solids-containing material, j, applied on 
intermittently-controllable work stations operating in bypass mode and 
the mass of solvent, thinner, reducer, diluent, or other non-solids-
containing material, j, applied on never-controlled work stations, in a 
month, kg.
    (20) Mci=the sum of the mass of solids-containing 
material, i, applied on intermittently-controllable work stations 
operating in controlled mode and the mass of solids-containing material, 
i, applied on always-controlled work stations, in a month, kg.
    (21) Mcj=the sum of the mass of solvent, thinner, 
reducer, diluent, or other non-solids-containing material, j, applied on 
intermittently-controllable work stations operating in controlled mode 
and the mass of solvent, thinner, reducer, diluent, or other non-solids-
containing material, j, applied on always-controlled work stations in a 
month, kg.
    (22) Mf=the total organic volatile matter mass flow rate, 
kg/h.
    (23) Mfi=the organic volatile matter mass flow rate at 
the inlet to the control device, kg/h.
    (24) Mfo=the organic volatile matter mass flow rate at 
the outlet of the control device, kg/h.
    (25) Mhu=the mass of organic HAP used in a month, kg.
    (26) Mi=the mass of ink or other material, i, applied in 
a month, kg.
    (27) Mij=the mass of solvent, thinner, reducer, diluent, 
or other non-solids-

[[Page 970]]

containing material, j, added to solids-containing material, i, in a 
month, kg.
    (28) Mj=the mass of solvent, thinner, reducer, diluent, 
or other non-solids-containing material, j, applied in a month, kg.
    (29) MLj=the mass of solvent, thinner, reducer, diluent, 
or other non-solids-containing material, j, added to solids-containing 
materials which were applied at less than 20 weight-percent solids 
content, on an as-applied basis, in a month, kg.
    (30) Mvr=the mass of volatile matter recovered in a 
month, kg.
    (31) Mvu=the mass of volatile matter, including water, 
used in a month, kg.
    (32) MWi=the molecular weight of compound i in the vent 
gas, kg/kg-mol.
    (33) n=the number of organic compounds in the vent gas.
    (34) p=the number of different inks, coatings, varnishes, adhesives, 
primers, and other materials applied in a month.
    (35) q=the number of different solvents, thinners, reducers, 
diluents, or other non-solids-containing materials applied in a month.
    (36) Qsd=the volumetric flow rate of gases entering or 
exiting the control device, as determined by Method 2, dscm/h.
    (37) R=the overall organic HAP control efficiency, percent.
    (38) Re=the overall effective organic HAP control 
efficiency for publication rotogravure, percent.
    (39) Rv=the organic volatile matter collection and 
recovery efficiency, percent.
    (40) S=the mass organic HAP emission rate per mass of material 
applied, kg/kg.
    (41) 0.0416=conversion factor for molar volume, kg-mol/
m3(@ 293 K and 760 mmHg).



Sec. 63.823  Standards: General.

    Table 1 to this subpart provides cross references to the 40 CFR part 
63, subpart A, general provisions, indicating the applicability of the 
general provisions requirements to this subpart KK.



Sec. 63.824  Standards: Publication rotogravure printing.

    (a) Each owner or operator of any publication rotogravure printing 
affected source that is subject to the requirements of this subpart 
shall comply with these requirements on and after the compliance dates 
as specified in Sec. 63.826 of this subpart.
    (b) Each publication rotogravure affected source shall limit 
emissions of organic HAP to no more than eight percent of the total 
volatile matter used each month. The emission limitation may be achieved 
by overall control of at least 92 percent of organic HAP used, by 
substitution of non-HAP materials for organic HAP, or by a combination 
of capture and control technologies and substitution of materials. To 
demonstrate compliance, each owner or operator shall follow the 
procedure in paragraph (b)(1) of this section when emissions from the 
affected source are controlled by a solvent recovery device, the 
procedure in paragraph (b)(2) of this section when emissions from the 
affected source are controlled by an oxidizer, and the procedure in 
paragraph (b)(3) of this section when no control device is used.
    (1) Each owner or operator using a solvent recovery device to 
control emissions shall demonstrate compliance by showing that the HAP 
emission limitation is achieved by following the procedures in either 
paragraph (b)(1)(i) or (b)(1)(ii) of this section:
    (i) Perform a liquid-liquid material balance for each month as 
follows:
    (A) Measure the mass of each ink, coating, varnish adhesive, primer, 
solvent, and other material used by the affected source during the 
month.
    (B) Determine the organic HAP content of each ink, coating, varnish, 
adhesive, primer, solvent and other material used by the affected source 
during the month following the procedure in Sec. 63.827(b)(1).
    (C) Determine the volatile matter content, including water, of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
used by the affected source during the month following the procedure in 
Sec. 63.827(c)(1).
    (D) Install, calibrate, maintain and operate, according to the 
manufacturer's specifications, a device that indicates the cumulative 
amount of volatile matter recovered by the solvent recovery device on a 
monthly basis. The

[[Page 971]]

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.
    (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.

[[Page 972]]

    (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 parameter to assure capture efficiency in accordance 
with the requirements of paragraph (b)(1)(ii) of this section.
    (3) To demonstrate compliance without the use of a control device, 
each owner or operator shall compare the mass of organic HAP used to the 
mass of volatile matter used each month, as specified in paragraphs 
(b)(3)(i) through (b)(3)(iv) of this section:
    (i) Measure the mass of each ink, coating, varnish adhesive, primer, 
solvent, and other material used in the affected source during the 
month,
    (ii) Determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material used during the 
month following the procedure in Sec. 63.827(b)(1), and
    (iii) Determine the volatile matter content, including water, of 
each ink, coating, varnish, adhesive, primer, solvent, and other 
material used during the month following the procedure in 
Sec. 63.827(c)(1).
    (iv) The affected source is in compliance for the month if the mass 
of organic HAP used does not exceed eight percent of the mass of 
volatile matter used.



Sec. 63.825  Standards: Product and packaging rotogravure and wide-web flexographic printing.

    (a) Each owner or operator of any product and packaging rotogravure 
or wide-web flexographic printing affected source that is subject to the 
requirements of this subpart shall comply with these requirements on and 
after the compliance dates as specified in Sec. 63.826 of this subpart.
    (b) Each product and packaging rotogravure or wide-web flexographic 
printing affected source shall limit emissions to no more than five 
percent of the organic HAP applied for the month; or to no more than 
four percent of the mass of inks, coatings, varnishes, adhesives, 
primers, solvents, reducers, thinners, and other materials applied for 
the month; or to no more than 20 percent of the mass of solids applied 
for the month; or to a calculated equivalent allowable mass based on the 
organic HAP and solids contents of the inks, coatings, varnishes, 
adhesives, primers, solvents, reducers, thinners, and other materials 
applied for the month. The owner or operator of each product and 
packaging rotogravure or wide-web flexographic printing affected source 
shall demonstrate compliance with this standard by following one of the 
procedures in paragraphs (b)(1) through (b)(10) of this section:
    (1) Demonstrate that each ink, coating, varnish, adhesive, primer, 
solvent, diluent, reducer, thinner, and other material applied during 
the month contains no more than 0.04 weight-fraction organic HAP, on an 
as-purchased basis, as determined in accordance with Sec. 63.827(b)(2).
    (2) Demonstrate that each ink, coating, varnish, adhesive, primer, 
and other solids-containing material applied during the month contains 
no more than 0.04 weight-fraction organic HAP, on a monthly average as-
applied basis as determined in accordance with paragraphs (b)(2)(i)-(ii) 
of this section. The owner or operator shall calculate the as-applied 
HAP content of materials which are reduced, thinned, or diluted prior to 
application, as follows:

[[Page 973]]

    (i) Determine the organic HAP content of each ink, coating, varnish, 
adhesive, primer, solvent, diluent, reducer, thinner, and other material 
applied on an as-purchased basis in accordance with Sec. 63.827(b)(2).
    (ii) Calculate the monthly average as-applied organic HAP content, 
Cahi of each ink, coating, varnish, adhesive, primer, and 
other solids-containing material using Equation 3.
[GRAPHIC] [TIFF OMITTED] TR30MY96.002

    (3)(i) Demonstrate that each ink, coating, varnish, adhesive, 
primer, and other solids-containing material applied, either
    (A) Contains no more than 0.04 weight-fraction organic HAP on a 
monthly average as-applied basis, or
    (B) Contains no more than 0.20 kg of organic HAP per kg of solids 
applied, on a monthly average as-applied basis.
    (ii) The owner or operator may demonstrate compliance in accordance 
with paragraphs (b)(3)(ii) (A)-(C) of this section.
    (A) Use the procedures of paragraph (b)(2) of this section to 
determine which materials meet the requirements of paragraph 
(b)(3)(i)(A) of this section,
    (B) Determine the as-applied solids content following the procedure 
in Sec. 63.827(c)(2) of all materials which do not meet the requirements 
of paragraph (b)(3)(i)(A) of this section. The owner or operator may 
calculate the monthly average as-applied solids content of materials 
which are reduced, thinned, or diluted prior to application, using 
Equation 4, and
[GRAPHIC] [TIFF OMITTED] TR30MY96.003

    (C) Calculate the as-applied organic HAP to solids ratio, 
Hsi, for all materials which do not meet the requirements of 
paragraph (b)(3)(i)(A) of this section, using Equation 5.
[GRAPHIC] [TIFF OMITTED] TR30MY96.004

    (4) Demonstrate that the monthly average as-applied organic HAP 
content, HL, of all materials applied is less than 0.04 kg 
HAP per kg of material applied, as determined by Equation 6.
[GRAPHIC] [TIFF OMITTED] TR30MY96.005

    (5) Demonstrate that the monthly average as-applied organic HAP 
content on the basis of solids applied, Hs, is less than 0.20 
kg HAP per kg solids applied as determined by Equation 7.
[GRAPHIC] [TIFF OMITTED] TR30MY96.006

    (6) Demonstrate that the total monthly organic HAP applied, H, as 
determined by Equation 8, is less than the calculated equivalent 
allowable organic HAP, Ha, as determined by paragraph (e) of 
this section.
[GRAPHIC] [TIFF OMITTED] TR30MY96.007

    (7) Operate a capture system and control device and demonstrate an 
overall organic HAP control efficiency of at least 95 percent for each 
month. If the affected source operates more than one capture system or 
more than one control device, and has only always-controlled work 
stations, then the owner or operator shall demonstrate compliance in 
accordance with the provisions of either paragraph (f) or (h) of this 
section. If the affected source operates one or more never-controlled 
work stations or one or more intermittently-controllable work stations, 
then the owner or operator shall demonstrate compliance in accordance 
with the provisions of paragraph (f) of this section.

[[Page 974]]

Otherwise, the owner or operator shall demonstrate compliance in 
accordance with the procedure in paragraph (c) of this section when 
emissions from the affected source are controlled by a solvent recovery 
device or the procedure in paragraph (d) of this section when emissions 
are controlled by an oxidizer.
    (8) Operate a capture system and control device and limit the 
organic HAP emission rate to no more than 0.20 kg organic HAP emitted 
per kg solids applied as determined on a monthly average as-applied 
basis. If the affected source operates more than one capture system, 
more than one control device, one or more never-controlled work 
stations, or one or more intermittently-controllable work stations, then 
the owner or operator shall demonstrate compliance in accordance with 
the provisions of paragraph (f) of this section. Otherwise, the owner or 
operator shall demonstrate compliance following the procedure in 
paragraph (c) of this section when emissions from the affected source 
are controlled by a solvent recovery device or the procedure in 
paragraph (d) of this section when emissions are controlled by an 
oxidizer.
    (9) Operate a capture system and control device and limit the 
organic HAP emission rate to no more than 0.04 kg organic HAP emitted 
per kg material applied as determined on a monthly average as-applied 
basis. If the affected source operates more than one capture system, 
more than one control device, one or more never-controlled work 
stations, or one or more intermittently-controllable work stations, then 
the owner or operator shall demonstrate compliance in accordance with 
the provisions of paragraph (f) of this section. Otherwise, the owner or 
operator shall demonstrate compliance following the procedure in 
paragraph (c) of this section when emissions from the affected source 
are controlled by a solvent recovery device or the procedure in 
paragraph (d) of this section when emissions are controlled by an 
oxidizer.
    (10) Operate a capture system and control device and limit the 
monthly organic HAP emissions to less than the allowable emissions as 
calculated in accordance with paragraph (e) of this section. If the 
affected source operates more than one capture system, more than one 
control device, one or more never-controlled work stations, or one or 
more intermittently-controllable work stations, then the owner or 
operator shall demonstrate compliance in accordance with the provisions 
of paragraph (f) of this section. Otherwise, the owner or operator shall 
demonstrate compliance following the procedure in paragraph (c) of this 
section when emissions from the affected source are controlled by a 
solvent recovery device or the procedure in paragraph (d) of this 
section when emissions are controlled by an oxidizer.
    (c) To demonstrate compliance with the overall organic HAP control 
efficiency requirement in Sec. 63.825(b)(7) or the organic HAP emissions 
limitation requirements in Sec. 63.825(b)(8)-(10), each owner or 
operator using a solvent recovery device to control emissions shall show 
compliance by following the procedures in either paragraph (c)(1) or 
(c)(2) of this section:
    (1) Perform a liquid-liquid material balance for each and every 
month as follows:
    (i) Measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent and other material applied on the press or group of 
presses controlled by a common solvent recovery device during the month.
    (ii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied during 
the month following the procedure in Sec. 63.827(b)(2).
    (iii) Determine the volatile matter content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied during 
the month following the procedure in Sec. 63.827(c)(2).
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied or emission of less than the 
calculated allowable organic HAP, determine the solids content of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
applied during the month following the procedure in Sec. 63.827(c)(2).

[[Page 975]]

    (v) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications, a device that indicates the cumulative 
amount of volatile matter recovered by the solvent recovery device on a 
monthly basis. The device shall be initially certified by the 
manufacturer to be accurate to within 2.0 percent.
    (vi) Measure the amount of volatile matter recovered for the month.
    (vii) Calculate the volatile matter collection and recovery 
efficiency, Rv, using Equation 9.
[GRAPHIC] [TIFF OMITTED] TR30MY96.008

    (viii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, calculate the organic HAP emitted during the month, H, 
using Equation 10.
[GRAPHIC] [TIFF OMITTED] TR30MY96.009

    (ix) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, calculate the organic HAP 
emission rate based on solids applied, L, using Equation 11.
[GRAPHIC] [TIFF OMITTED] TR30MY96.010

    (x) If demonstrating compliance on the basis of organic HAP emission 
rate based on materials applied, calculate the organic HAP emission rate 
based on material applied, S, using Equation 12.
[GRAPHIC] [TIFF OMITTED] TR30MY96.011

    (xi) The affected source is in compliance if
    (A) The organic volatile matter collection and recovery efficiency, 
Rv, is 95 percent or greater, or
    (B) The organic HAP emission rate based on solids applied, L, is 
0.20 kg organic HAP per kg solids applied or less, or
    (C) the organic HAP emission rate based on material applied, S, is 
0.04 kg organic HAP per kg material applied or less, or
    (D) the organic HAP emitted during the month, H, is less than the 
calculated allowable organic HAP, Ha, as determined using 
paragraph (e) of this section.
    (2) Use continuous emission monitors, conduct an initial performance 
test of capture efficiency, and continuously monitor a site specific 
operating parameter to assure capture efficiency following the 
procedures in paragraphs (c)(2)(i) through (c)(2)(xi) of this section:
    (i) If demonstrating compliance on the basis of organic HAP emission 
rate based on solids applied, organic HAP emission rate based on 
materials applied, or emission of less than the calculated allowable 
organic HAP, measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent, and other material applied on the press or group of 
presses controlled by a common control device during the month.
    (ii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied

[[Page 976]]

during the month following the procedure in Sec. 63.827(b)(2).
    (iii) Install continuous emission monitors to determine the total 
organic volatile matter mass flow rate (e.g., by determining the 
concentration of the vent gas in grams per cubic meter, and the 
volumetric flow rate in cubic meters per second, such that the total 
organic volatile matter mass flow rate in grams per second can be 
calculated and summed) at both the inlet to and the outlet from the 
control device, such that the percent control efficiency (E) of the 
control device can be calculated for each month.
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied or emission of less than the 
calculated allowable organic HAP, determine the solids content of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
applied during the month following the procedure in Sec. 63.827(c)(2).
    (v) Install, calibrate, operate and maintain the instrumentation 
necessary to measure continuously the site-specific operating parameter 
established in accordance with Sec. 63.828(a)(5) whenever a product and 
packaging rotogravure or wide-web flexographic printing press is 
operated.
    (vi) Determine the capture efficiency (F) in accordance with 
Sec. 63.827(e)-(f).
    (vii) Calculate the overall organic HAP control efficiency, (R), 
achieved for each month using Equation 13.
[GRAPHIC] [TIFF OMITTED] TR30MY96.012

    (viii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, calculate the organic HAP emitted during the month, H, for 
each month using Equation 14.
[GRAPHIC] [TIFF OMITTED] TR30MY96.013

    (ix) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, calculate the organic HAP 
emission rate based on solids applied, L, using Equation 15.
[GRAPHIC] [TIFF OMITTED] TR30MY96.014

    (x) If demonstrating compliance on the basis of organic HAP emission 
rate based on materials applied, calculate the organic HAP emission rate 
based on material applied, S, using Equation 16.
[GRAPHIC] [TIFF OMITTED] TR30MY96.015

    (xi) The affected source is in compliance if the capture system 
operating parameter is operated at an average value greater than or less 
than (as appropriate) the operating parameter value established in 
accordance with Sec. 63.828(a)(5) for each three hour period, and
    (A) The organic volatile matter collection and recovery efficiency, 
Rv, is 95 percent or greater, or
    (B) The organic HAP emission rate based on solids applied, L, is 
0.20 kg organic HAP per kg solids applied or less, or
    (C) The organic HAP emission rate based on material applied, S, is 
0.04 kg organic HAP per kg material applied or less, or
    (D) The organic HAP emitted during the month, H, is less than the 
calculated allowable organic HAP, Ha, as determined using 
paragraph (e) of this section.

[[Page 977]]

    (d) To demonstrate compliance with the overall organic HAP control 
efficiency requirement in Sec. 63.825(b)(7) or the overall organic HAP 
emission rate limitation requirements in Sec. 63.825(b)(8)-(10), each 
owner or operator using an oxidizer to control emissions shall show 
compliance by following the procedures in either paragraph (d)(1) or 
(d)(2) of this section:
    (1) demonstrate initial compliance through performance tests of 
capture efficiency and control device efficiency and continuing 
compliance through continuous monitoring of capture system and control 
device operating parameters following the procedures in paragraph 
(d)(1)(i) through (d)(1)(xi) of this section:
    (i) Determine the oxidizer destruction efficiency (E) using the 
procedure in Sec. 63.827(d).
    (ii) Determine the capture system capture efficiency (F) in 
accordance with Sec. 63.827(e)-(f).
    (iii) Calculate the overall organic HAP control efficiency, (R), 
achieved using Equation 13.
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on materials applied or emission of less than the calculated allowable 
organic HAP, measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent, and other material applied on the press or group of 
presses controlled by a common solvent recovery device during the month.
    (v) If demonstrating compliance on the basis of organic HAP emission 
rate based on solids applied, organic HAP emission rate based on 
material applied or emission of less than the calculated allowable 
organic HAP, determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied during 
the month following the procedure in Sec. 63.827(b)(2).
    (vi) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied or emission of less than the 
calculated allowable organic HAP, determine the solids content of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
applied during the month following the procedure in Sec. 63.827(c)(2).
    (vii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, calculate the organic HAP emitted during the month, H, for 
each month using Equation 14.
    (viii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, calculate the organic HAP 
emission rate based on solids applied, L, for each month using Equation 
15.
    (ix) If demonstrating compliance on the basis of organic HAP 
emission rate based on materials applied, calculate the organic HAP 
emission rate based on material applied, S, using Equation 16.
    (x) Install, calibrate, operate and maintain the instrumentation 
necessary to measure continuously the site-specific operating parameters 
established in accordance with Sec. 63.828(a)(4)-(5) whenever a product 
and packaging rotogravure or wide-web flexographic press is operating.
    (xi) The affected source is in compliance, if the oxidizer is 
operated such that the average operating parameter value is greater than 
the operating parameter value established in accordance with 
Sec. 63.828(a)(4) for each three-hour period, and the capture system 
operating parameter is operated at an average value greater than or less 
than (as appropriate) the operating parameter value established in 
accordance with Sec. 63.828(a)(5) for each three hour period, and
    (A) The overall organic HAP control efficiency, R, is 95 percent or 
greater, or
    (B) The organic HAP emission rate based on solids applied, L, is 
0.20 kg organic HAP per kg solids applied or less, or
    (C) The organic HAP emission rate based on material applied, S, is 
0.04 kg organic HAP per kg material applied or less, or
    (D) The organic HAP emitted during the month, H, is less than the 
calculated allowable organic HAP, Ha, as

[[Page 978]]

determined using paragraph (e) of this section.
    (2) Use continuous emission monitors, conduct an initial performance 
test of capture efficiency, and continuously monitor a site specific 
operating parameter to assure capture efficiency. Compliance shall be 
demonstrated in accordance with the requirements of paragraph (c)(2) of 
this section.
    (e) Owners or operators may calculate the monthly allowable HAP 
emissions, Ha, for demonstrating compliance in accordance 
with paragraph (b)(6), (c)(1)(xi)(D), (c)(2)(xi)(D), or (d)(1)(xi)(D) of 
this section as follows:
    (1) Determine the as-purchased mass of each ink, coating, varnish, 
adhesive, primer, and other solids-containing material applied each 
month, Mi.
    (2) Determine the as-purchased solids content of each ink, coating, 
varnish, adhesive, primer, and other solids-containing material applied 
each month, in accordance with Sec. 63.827(c)(2), Csi.
    (3) Determine the as-purchased mass fraction of each ink, coating, 
varnish, adhesive, primer, and other solids-containing material which 
was applied at 20 weight-percent or greater solids content, on an as-
applied basis, Gi.
    (4) Determine the total mass of each solvent, diluent, thinner, or 
reducer added to materials which were applied at less than 20 weight-
percent solids content, on an as-applied basis, each month, 
MLj.
    (5) Calculate the monthly allowable HAP emissions, Ha, 
using Equation 17.
[GRAPHIC] [TIFF OMITTED] TR30MY96.016

    (f) Owners or operators of product and packaging rotogravure or 
wide-web flexographic printing presses shall demonstrate compliance 
according to the procedures in paragraphs (f)(1) through (f)(7) of this 
section if the affected source operates more than one capture system, 
more than one control device, one or more never-controlled work 
stations, or one or more intermittently-controllable work stations.
    (1) The owner or operator of each solvent recovery system used to 
control one or more product and packaging rotogravure or wide-web 
flexographic presses for which the owner or operator chooses to comply 
by means of a liquid-liquid mass balance shall determine the organic HAP 
emissions for those presses controlled by that solvent recovery system 
either
    (i) in accordance with paragraphs (c)(1)(i)-(iii) and (c)(1)(v)-
(viii) of this section if the presses controlled by that solvent 
recovery system have only always-controlled work stations, or
    (ii) in accordance with paragraphs (c)(1)(ii)-(iii), (c)(1)(v)-(vi), 
and (g) of this section if the presses controlled by that solvent 
recovery system have one or more never-controlled or intermittently-
controllable work stations.
    (2) The owner or operator of each solvent recovery system used to 
control one or more product and packaging rotogravure or wide-web 
flexographic presses, for which the owner or operator chooses to comply 
by means of an initial test of capture efficiency, continuous emission 
monitoring of the control device, and continuous monitoring of a capture 
system operating parameter, shall
    (i) For each capture system delivering emissions to that solvent 
recovery system, monitor an operating parameter established in 
accordance with Sec. 63.828(a)(5) to assure capture system efficiency, 
and
    (ii) Determine the organic HAP emissions for those presses served by 
each capture system delivering emissions to that solvent recovery system 
either
    (A) In accordance with paragraphs (c)(2)(i)-(iii) and (c)(2)(v)-
(viii) of this section if the presses served by that capture system have 
only always-controlled work stations, or
    (B) In accordance with paragraphs (c)(2)(ii)-(iii), (c)(2)(v)-(vii), 
and (g) of

[[Page 979]]

this section if the presses served by that capture system have one or 
more never-controlled or intermittently-controllable work stations.
    (3) The owner or operator of each oxidizer used to control emissions 
from one or more product and packaging rotogravure or wide-web 
flexographic presses choosing to demonstrate compliance through 
performance tests of capture efficiency and control device efficiency 
and continuing compliance through continuous monitoring of capture 
system and control device operating parameters, shall
    (i) Monitor an operating parameter established in accordance with 
Sec. 63.828(a)(4) to assure control device efficiency, and
    (ii) For each capture system delivering emissions to that oxidizer, 
monitor an operating parameter established in accordance with 
Sec. 63.828(a)(5) to assure capture efficiency, and
    (iii) Determine the organic HAP emissions for those presses served 
by each capture system delivering emissions to that oxidizer either
    (A) In accordance with paragraphs (d)(1)(i)-(v) and (d)(1)(vii) of 
this section if the presses served by that capture system have only 
always-controlled work stations, or
    (B) In accordance with paragraphs (d)(1)(i)-(iii), (d)(1)(v), and 
(g) of this section if the presses served by that capture system have 
one or more never-controlled or intermittently-controllable work 
stations.
    (4) The owner or operator of each oxidizer used to control emissions 
from one or more product and packaging rotogravure or wide-web 
flexographic presses choosing to demonstrate compliance through an 
initial capture efficiency test, continuous emission monitoring of the 
control device and continuous monitoring of a capture system operating 
parameter, shall
    (i) For each capture system delivering emissions to that oxidizer, 
monitor an operating parameter established in accordance with 
Sec. 63.828(a)(5) to assure capture efficiency, and
    (ii) Determine the organic HAP emissions for those presses served by 
each capture system delivering emissions to that oxidizer either
    (A) In accordance with paragraphs (c)(2)(i)-(iii) and (c)(2)(v)-
(viii) of this section if the presses served by that capture system have 
only always-controlled work stations, or
    (B) In accordance with paragraphs (c)(2)(ii)-(iii), (c)(2)(v)-(vii), 
and (g) of this section if the presses served by that capture system 
have one or more never-controlled or intermittently-controllable work 
stations.
    (5) The owner or operator of one or more uncontrolled product and 
packaging rotogravure or wide-web flexographic printing presses shall 
determine the organic HAP applied on those presses using Equation 8. The 
organic HAP emitted from an uncontrolled press is equal to the organic 
HAP applied on that press.
    (6) If demonstrating compliance on the basis of organic HAP emission 
rate based on solids applied or emission of less than the calculated 
allowable organic HAP, the owner or operator shall determine the solids 
content of each ink, coating, varnish, adhesive, primer, solvent and 
other material applied during the month following the procedure in 
Sec. 63.827(c)(2).
    (7) The owner or operator shall determine the organic HAP emissions 
for the affected source for the month by summing all organic HAP 
emissions calculated according to paragraphs (f)(1), (f)(2)(ii), 
(f)(3)(iii), (f)(4)(ii), and (f)(5) of this section. The affected source 
is in compliance for the month, if all operating parameters required to 
be monitored under paragraphs (f)(2)-(4) of this section were maintained 
at the appropriate values, and
    (i) The total mass of organic HAP emitted by the affected source was 
not more than four percent of the total mass of inks, coatings, 
varnishes, adhesives, primers, solvents, diluents, reducers, thinners 
and other materials applied by the affected source, or
    (ii) The total mass of organic HAP emitted by the affected source 
was not more than 20 percent of the total mass of solids applied by the 
affected source, or
    (iii) The total mass of organic HAP emitted by the affected source 
was not more than the equivalent allowable organic HAP emissions for the 
affected

[[Page 980]]

source, Ha, calculated in accordance with paragraph (e) of 
this section, or
    (iv) The total mass of organic HAP emitted by the affected source 
was not more than five percent of the total mass of organic HAP applied 
by the affected source. The total mass of organic HAP applied by the 
affected source in the month shall be determined by the owner or 
operator using Equation 8.
    (g) Owners or operators determining organic HAP emissions from a 
press or group of presses having one or more never-controlled or 
intermittently-controllable work stations and using the procedures 
specified in paragraphs (f)(1)(ii), (f)(2)(ii)(B), (f)(3)(iii)(B), or 
(f)(4)(ii)(B) of this section shall for that press or group of presses:
    (1) Determine the sum of the mass of all inks, coatings, varnishes, 
adhesives, primers, and other solids-containing materials which are 
applied on intermittently-controllable work stations in bypass mode and 
the mass of all inks, coatings, varnishes, adhesives, primers, and other 
solids-containing materials which are applied on never-controlled work 
stations during the month, MBi.
    (2) Determine the sum of the mass of all solvents, reducers, 
thinners, and other diluents which are applied on intermittently-
controllable work stations in bypass mode and the mass of all solvents, 
reducers, thinners, and other diluents which are applied on never-
controlled work stations during the month, MBj.
    (3) Determine the sum of the mass of all inks, coatings, varnishes, 
adhesives, primers, and other solids-containing materials which are 
applied on intermittently-controllable work stations in controlled mode 
and the mass of all inks, coatings, varnishes, adhesives, primers, and 
other solids-containing materials which are applied on always-controlled 
work stations during the month, MBj.
    (4) Determine the sum of the mass of all solvents, reducers, 
thinners, and other diluents which are applied on intermittently-
controllable work stations in controlled mode and the mass of all 
solvents, reducers, thinners, and other diluents which are applied on 
always-controlled work stations during the month, MCj.
    (5) For each press or group of presses for which the owner or 
operator uses the provisions of paragraph (f)(1)(ii) of this section, 
the owner or operator shall calculate the organic HAP emitted during the 
month using Equation 18.
[GRAPHIC] [TIFF OMITTED] TR30MY96.017

    (6) For each press or group of presses for which the owner or 
operator uses the provisions of paragraphs (f)(2)(ii)(B), 
(f)(3)(iii)(B), or (f)(4)(ii)(B) of this section, the owner or operator 
shall calculate the organic HAP emitted during the month using Equation 
(19).
[GRAPHIC] [TIFF OMITTED] TR30MY96.018


[[Page 981]]


    (h) If the affected source operates more than one capture system or 
more than one control device, and has no never-controlled work stations 
and no intermittently-controllable work stations, then the affected 
source is in compliance with the 95 percent overall organic HAP control 
efficiency requirement for the month if for each press or group of 
presses controlled by a common control device:
    (1) The volatile matter collection and recovery efficiency, 
Rv, as determined by paragraphs (c)(1)(i), (c)(1)(iii), and 
(c)(1)(v)-(vii) of this section is equal to or greater than 95 percent, 
or
    (2) The overall organic HAP control efficiency as determined by 
paragraphs (c)(2)(iii) and (c)(2)(v)-(vii) of this section for each 
press or group of presses served by that control device and a common 
capture system is equal to or greater than 95 percent and the average 
capture system operating parameter value for each capture system serving 
that control device is greater than or less than (as appropriate) the 
operating parameter value established for that capture system in 
accordance with Sec. 63.828(a)(5) for each three hour period, or
    (3) The overall organic HAP control efficiency as determined by 
paragraphs (d)(1)(i)-(iii) and (d)(1)(x) of this section for each press 
or group of presses served by that control device and a common capture 
system is equal to or greater than 95 percent, the oxidizer is operated 
such that the average operating parameter value is greater than the 
operating parameter value established in accordance with 
Sec. 63.828(a)(4) for each three hour period, and the average capture 
system operating parameter value for each capture system serving that 
control device is greater than or less than (as appropriate) the 
operating parameter value established for that capture system in 
accordance with Sec. 63.828(a)(5) for each three hour period.



Sec. 63.826  Compliance dates.

    (a) The compliance date for an owner or operator of an existing 
affected source subject to the provisions of this subpart is May 30, 
1999.
    (b) The compliance date for an owner or operator of a new affected 
source subject to the provisions of this subpart is immediately upon 
start-up of the affected source, or May 30, 1996, whichever is later.
    (c) Affected sources which have undergone reconstruction are subject 
to the requirements for new affected sources. The costs associated with 
the purchase and installation of air pollution control equipment are not 
considered in determining whether the affected source has been 
reconstructed. Additionally, the costs of retrofitting and replacement 
of equipment that is installed specifically to comply with this subpart 
are not considered reconstruction costs.



Sec. 63.827  Performance test methods.

    (a) An owner or operator using a control device to comply with the 
requirements of Secs. 63.824-63.825 is not required to conduct an 
initial performance test to demonstrate compliance if one or more of the 
criteria in paragraphs (a)(1) through (a)(3) of this section are met:
    (1) A control device that is in operation prior to May 30, 1996, 
does not need to be tested if
    (i) It is equipped with continuous emission monitors for determining 
inlet and outlet total organic volatile matter concentration, and 
capture efficiency has been determined in accordance with the 
requirements of this subpart, such that an overall HAP control 
efficiency can be calculated, and
    (ii) The continuous emission monitors are used to demonstrate 
continuous compliance in accordance with Sec. 63.828, or
    (2) The owner or operator has met the requirements of either 
Sec. 63.7(e)(2)(iv) or Sec. 63.7(h), or
    (3) The control device is a solvent recovery system and the owner or 
operator chooses to comply by means of a monthly liquid-liquid material 
balance.
    (b) Determination of the organic HAP content of inks, coatings, 
varnishes, adhesives, primers, solvents, thinners, reducers, diluents, 
and other materials for the purpose of meeting the requirements of 
Sec. 63.824 shall be conducted according to paragraph (b)(1) of this 
section. Determination of

[[Page 982]]

the organic HAP content of inks, coatings, varnishes, adhesives, 
primers, solvents, thinners, reducers, diluents, and other materials for 
the purpose of meeting the requirements of Sec. 63.825 shall be 
conducted according to paragraph (b)(2) of this section.
    (1) Each owner or operator of a publication rotogravure facility 
shall determine the organic HAP weight-fraction of each ink, coating, 
varnish, adhesive, primer, solvent, and other material used in a 
publication rotogravure affected source by following one of the 
procedures in paragraphs (b)(1)(i) through (b)(1)(iii) of this section:
    (i) The owner or operator may test the material in accordance with 
Method 311 of appendix A of this part 63. The Method 311 determination 
may be performed by the manufacturer of the material and the results 
provided to the owner or operator. If these values cannot be determined 
using Method 311, the owner or operator shall submit an alternative 
technique for determining their values for approval by the 
Administrator. The recovery efficiency of the technique must be 
determined for all of the target organic HAP and a correction factor, if 
necessary, must be determined and applied.
    (ii) The owner or operator may determine the volatile matter content 
of the material in accordance with Sec. 63.827(c)(1) and use this value 
for the organic HAP content for all compliance purposes.
    (iii) The owner or operator may, except as noted in paragraph 
(b)(1)(iv) of this section, rely on formulation data provided by the 
manufacturer of the material on a CPDS if
    (A) The manufacturer has included in the organic HAP content 
determination all HAP present at a level greater than 0.1 percent in any 
raw material used, weighted by the mass fraction of each raw material 
used in the material, and
    (B) The manufacturer has determined the HAP content of each raw 
material present in the formulation by Method 311 of appendix A of this 
part 63, or by an alternate method approved by the Administrator, or by 
reliance on a CPDS from a raw material supplier prepared in accordance 
with Sec. 63.827(b)(1)(iii)(A).
    (iv) In the event of any inconsistency between the Method 311 of 
appendix A of this part 63 test data and formulation data, that is, if 
the Method 311 test value is higher, the Method 311 test data shall 
govern, unless after consultation, an owner or operator demonstrates to 
the satisfaction of the enforcement authority that the formulation data 
are correct.
    (2) Each owner or operator of a product and packaging rotogravure or 
wide-web flexographic printing facility shall determine the organic HAP 
weight fraction of each ink, coating, varnish, adhesive, primer, 
solvent, thinner, reducer, diluent, and other material applied by 
following one of the procedures in paragraphs (b)(2)(i) through 
(b)(2)(iii) of this section:
    (i) The owner or operator may test the material in accordance with 
Method 311 of appendix A of this part 63. The Method 311 determination 
may be performed by the manufacturer of the material and the results 
provided to the owner or operator. If these values cannot be determined 
using Method 311, the owner or operator shall submit an alternative 
technique for determining their values for approval by the 
Administrator. The recovery efficiency of the technique must be 
determined for all of the target organic HAP and a correction factor, if 
necessary, must be determined and applied.
    (ii) The owner or operator may determine the volatile matter content 
of the material in accordance with Sec. 63.827(c)(2) and use this value 
for the organic HAP content for all compliance purposes.
    (iii) The owner or operator may, except as noted in paragraph 
(b)(2)(iv) of this section, rely on formulation data provided by the 
manufacturer of the material on a CPDS if
    (A) The manufacturer has included in the organic HAP content 
determination, all organic HAP present at a level greater than 0.1 
percent in any raw material used, weighted by the mass fraction of each 
raw material used in the material, and
    (B) The manufacturer has determined the organic HAP content of each 
raw material present in the formulation by Method 311 of appendix A of 
this part 63, or, by an alternate method approved

[[Page 983]]

by the Administrator, or, by reliance on a CPDS from a raw material 
supplier prepared in accordance with Sec. 63.827(b)(2)(iii)(A).
    (iv) In the event of any inconsistency between the Method 311 of 
appendix A of this part 63 test data and a facility's formulation data, 
that is, if the Method 311 test value is higher, the Method 311 test 
data shall govern, unless after consultation, an owner or operator 
demonstrates to the satisfaction of the enforcement authority that the 
formulation data are correct.
    (c) Determination by the owner or operator of the volatile matter 
content of inks, coatings, varnishes, adhesives, primers, solvents, 
reducers, thinners, diluents, and other materials used for the purpose 
of meeting the requirements of Sec. 63.824 shall be conducted according 
to paragraph (c)(1) of this section. Determination by the owner or 
operator of the volatile matter and solids content of inks, coatings, 
varnishes, adhesives, primers, solvents, reducers, thinners, diluents, 
and other materials applied for the purpose of meeting the requirements 
of Sec. 63.825 shall be conducted according to paragraph (c)(2) of this 
section.
    (1) Each owner or operator of a publication rotogravure facility 
shall determine the volatile matter weight-fraction of each ink, 
coating, varnish, adhesive, primer, solvent, reducer, thinner, diluent, 
and other material used using Method 24A of 40 CFR part 60, appendix A. 
The Method 24A determination may be performed by the manufacturer of the 
material and the results provided to the owner or operator. If these 
values cannot be determined using Method 24A, the owner or operator 
shall submit an alternative technique for determining their values for 
approval by the Administrator. The owner or operator may rely on 
formulation data, subject to the provisions of paragraph (c)(3) of this 
section.
    (2) Each owner or operator of a product and packaging rotogravure or 
wide-web flexographic printing facility shall determine the volatile 
matter and solids weight-fraction of each ink, coating, varnish, 
adhesive, primer, solvent, reducer, thinner, diluent, and other material 
applied using Method 24 of 40 CFR part 60, appendix A. The Method 24 
determination may be performed by the manufacturer of the material and 
the results provided to the owner or operator. If these values cannot be 
determined using Method 24, the owner or operator shall submit an 
alternative technique for determining their values for approval by the 
Administrator. The owner or operator may rely on formulation data, 
subject to the provisions of paragraph (c)(3) of this section.
    (3) Owners or operators may determine the volatile matter content of 
materials based on formulation data, and may rely on volatile matter 
content data provided by material suppliers. In the event of any 
inconsistency between the formulation data and the results of Test 
Methods 24 or 24A of 40 CFR part 60, appendix A, the applicable test 
method shall govern, unless after consultation, the owner or operator 
can demonstrate to the satisfaction of the enforcement agency that the 
formulation data are correct.
    (d) A performance test of a control device to determine destruction 
efficiency for the purpose of meeting the requirements of Secs. 63.824-
63.825 shall be conducted by the owner or operator in accordance with 
the following:
    (1) An initial performance test to establish the destruction 
efficiency of an oxidizer and the associated combustion zone temperature 
for a thermal oxidizer and the associated catalyst bed inlet temperature 
for a catalytic oxidizer shall be conducted and the data reduced in 
accordance with the following reference methods and procedures:
    (i) Method 1 or 1A of 40 CFR part 60, appendix A is used for sample 
and velocity traverses to determine sampling locations.
    (ii) Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A is used 
to determine gas volumetric flow rate.
    (iii) Method 3 of 40 CFR part 60, appendix A is used for gas 
analysis to determine dry molecular weight.
    (iv) Method 4 of 40 CFR part 60, appendix A is used to determine 
stack gas moisture.
    (v) Methods 2, 2A, 3, and 4 of 40 CFR part 60, appendix A shall be 
performed, as applicable, at least twice during each test period.

[[Page 984]]

    (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 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

[[Page 985]]

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 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

[[Page 986]]

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:
    (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.

[[Page 987]]

    (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 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

[[Page 988]]

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 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.

[[Page 989]]

 
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.
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

[[Page 990]]

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 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 991]]


    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

[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

[[Page 992]]

[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:
[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

[[Page 993]]

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.



Subpart LL--National Emission Standards for Hazardous Air Pollutants for 
                    Primary Aluminum Reduction Plants

    Authority: 62 FR 52407, Oct. 7, 1997, unless otherwise noted.



Sec. 63.840  Applicability.

    (a) Except as provided in paragraph (b) of this section, the 
requirements of this subpart apply to the owner or operator of each new 
pitch storage tank and new or existing potline, paste production plant, 
or anode bake furnace associated with primary aluminum production and 
located at a major source as defined in Sec. 63.2.
    (b) The requirements of this subpart do not apply to any existing 
anode bake furnace that is not located on the

[[Page 994]]

same site as a primary aluminum reduction plant. The owner or operator 
shall comply with the State MACT determination established by the 
applicable regulatory authority.
    (c) An owner or operator of an affected facility (potroom group or 
anode bake furnace) under Sec. 60.190 of this chapter may elect to 
comply with either the requirements of Sec. 63.845 of this subpart or 
the requirements of subpart S of part 60 of this chapter.



Sec. 63.841  Incorporation by reference.

    (a) The following material is incorporated by reference in the 
corresponding sections noted. This incorporation by reference was 
approved by the Director of the Federal Register on October 7, 1997, 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 approval, and notice of any 
change in the materials will be published in the Federal Register. 
Revisions to ``Industrial Ventilation: A Manual of Recommended 
Practice'' (22nd ed.) are applicable only after publication of a 
document in the Federal Register to amend subpart LL to require use of 
the new information.
    (1) Chapter 3, ``Local Exhaust Hoods'' and Chapter 5, ``Exhaust 
System Design Procedure'' of ``Industrial Ventilation: A Manual of 
Recommended Practice,'' American Conference of Governmental Industrial 
Hygienists, 22nd edition, 1995, IBR approved for Secs. 63.843(b) and 
63.844(b); and
    (2) ASTM D 2986-95A, Standard Practice for Evaluation of Air Assay 
Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR 
approved for section 7.1.1 of Method 315 in appendix A to this part.
    (b) The materials incorporated by reference are available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street NW., Suite 700, 7th Floor, Washington, DC, and at the Air and 
Radiation Docket Center, U.S. EPA, 401 M Street, SW., Washington, DC. 
The materials also are available for purchase from one of the following 
addresses:
    (1) Customer Service Department, American Conference of Governmental 
Industrial Hygienists (ACGIH), 1330 Kemper Meadow Drive, Cincinnati, 
Ohio 45240, telephone number (513) 742-2020; or
    (2) American Society for Testing and Materials, 100 Bar Harbour 
Drive, West Conshohocken, Pennsylvania 19428, telephone number (610) 
832-9500.



Sec. 63.842  Definitions.

    Terms used in this subpart are defined in the Clean Air Act as 
amended (the Act), in Sec. 63.2, or in this section as follows:
    Anode bake furnace means an oven in which the formed green anodes 
are baked for use in a prebake process. This definition includes 
multiple anode bake furnaces controlled by a common control device (bake 
furnaces controlled by a common control device are considered to be one 
source).
    Center-worked prebake (CWPB) process means a method of primary 
aluminum reduction using the prebake process in which the alumina feed 
is added down the center of the reduction cell.
    Center-worked prebake one (CWPB1) means all existing center-worked 
prebake potlines not defined as center-worked prebake two (CWPB2) or 
center-worked prebake three (CWPB3) potlines.
    Center-worked prebake two (CWPB2) means all existing center-worked 
prebake potlines located at Alcoa in Rockdale, Texas; Kaiser Aluminum in 
Mead, Washington; Ormet Corporation in Hannibal, Ohio; Ravenswood 
Aluminum in Ravenswood, West Virginia; Reynolds Metals in Troutdale, 
Oregon; and Vanalco Aluminum in Vancouver, Washington.
    Center-worked prebake three (CWPB3) means all existing center-worked 
prebake potlines that produce very high purity aluminum, have a wet 
scrubber for the primary control system, and are located at the NSA 
primary aluminum plant in Hawesville, Kentucky.
    Continuous parameter monitoring system means the total equipment 
that may be required to meet the data acquisition and availability 
requirements of this subpart, used to sample, condition (if applicable), 
analyze, and provide a record of process or control system parameters.
    Horizontal stud Soderberg (HSS) process means a method of primary 
aluminum

[[Page 995]]

reduction using the Soderberg process in which the electrical current is 
introduced to the anode by steel rods (studs) inserted into the side of 
a monolithic anode.
    Modified potroom group means an existing potroom group to which any 
physical change in, or change in the method of operation of, results in 
an increase in the amount of total fluoride emitted into the atmosphere 
by that potroom group.
    Paste production plant means the processes whereby calcined 
petroleum coke, coal tar pitch (hard or liquid), and/or other materials 
are mixed, transferred, and formed into briquettes or paste for vertical 
stud Soderberg (VSS) and HSS processes or into green anodes for a 
prebake process. This definition includes all operations from initial 
mixing to final forming (i.e., briquettes, paste, green anodes) within 
the paste plant, including conveyors and units managing heated liquid 
pitch.
    Pitch storage tank means any fixed roof tank that is used to store 
liquid pitch that is not part of the paste production plant.
    Polycyclic organic matter (POM) means organic matter extractable by 
methylene chloride as determined by Method 315 in appendix A to this 
part or by an approved alternative method.
    Potline means a single, discrete group of electrolytic reduction 
cells electrically connected in series, in which alumina is reduced to 
form aluminum.
    Potroom means a building unit that houses a group of electrolytic 
cells in which aluminum is produced.
    Potroom group means an uncontrolled potroom, a potroom that is 
controlled individually, or a group of potrooms or potroom segments 
ducted to a common control system.
    Prebake process means a method of primary aluminum reduction that 
uses an anode that was baked in an anode bake furnace, which is 
introduced into the top of the reduction cell and consumed as part of 
the reduction process.
    Primary aluminum reduction plant means any facility manufacturing 
aluminum by electrolytic reduction.
    Primary control system means the equipment used to capture the gases 
and particulate matter evacuated directly from the reduction cell and 
the emission control device(s) used to remove pollutants prior to 
discharge of the cleaned gas to the atmosphere. A roof scrubber is not 
part of the primary control system.
    Primary emissions means the emissions discharged from the primary 
control system.
    Reconstructed potroom group means an existing potroom group for 
which the components are replaced 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 entirely 
new potroom group, and for which it is technologically and economically 
feasible to meet the applicable emission limits for total fluoride set 
forth in this subpart.
    Reconstruction means the replacement of components of a source to 
such an extent that:
    (1) All of the major components of the source are replaced (for 
example, the major components of a potline include the raw material 
handling system, reduction cells, superstructure, hooding, ductwork, 
etc.); and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the standards for new sources established 
in this subpart.
    Roof monitor means that portion of the roof of a potroom building 
where gases not captured at the cell exit from the potroom.
    Secondary emissions means the fugitive emissions that are not 
captured and controlled by the primary control system and that escape 
through the roof monitor or through roof scrubbers.
    Side-worked prebake (SWPB) process means a method of primary 
aluminum reduction using the prebake process, in which the alumina is 
added along the sides of the reduction cell.
    Soderberg process means a method of primary aluminum reduction in 
which the anode paste mixture is baked in the reduction pot by the heat 
resulting from the electrolytic process.
    Total fluorides (TF) means elemental fluorine and all fluoride 
compounds as measured by Methods 13A or 13B in appendix A to part 60 of 
this chapter or by an approved alternative method.

[[Page 996]]

    Vertical stud Soderberg (VSS) process means a method of primary 
aluminum reduction using the Soderberg process, in which the electrical 
current is introduced to the anode by steel rods (studs) inserted into 
the top of a monolithic anode.
    Vertical stud Soderberg one (VSS1) means all existing vertical stud 
Soderberg potlines located either at Northwest Aluminum in The Dalles, 
Oregon, or at Goldendale Aluminum in Goldendale, Washington.
    Vertical stud Soderberg two (VSS2) means all existing vertical stud 
Soderberg potlines located at Columbia Falls Aluminum in Columbia Falls, 
Montana.



Sec. 63.843  Emission limits for existing sources.

    (a) Potlines. The owner or operator shall not discharge or cause to 
be discharged into the atmosphere any emissions of TF or POM in excess 
of the applicable limits in paragraphs (a)(1) and (a)(2) of this 
section.
    (1) TF limits. Emissions of TF shall not exceed:
    (i) 0.95 kg/Mg (1.9 lb/ton) of aluminum produced for each CWPB1 
potline;
    (ii) 1.5 kg/Mg (3.0 lb/ton) of aluminum produced for each CWPB2 
potline;
    (iii) 1.25 kg/Mg (2.5 lb/ton) of aluminum produced for each CWPB3 
potline;
    (iv) 0.8 kg/Mg (1.6 lb/ton) of aluminum produced for each SWPB 
potline;
    (v) 1.1 kg/Mg (2.2 lb/ton) of aluminum produced for each VSS1 
potline;
    (vi) 1.35 kg/Mg (2.7 lb/ton) of aluminum produced for each VSS2 
potline; and
    (vii) 1.35 kg/Mg (2.7 lb/ton) of aluminum produced for each HSS 
potline.
    (2) POM limits. Emissions of POM shall not exceed:
    (i) 2.35 kg/Mg (4.7 lb/ton) of aluminum produced for each HSS 
potline;
    (ii) 1.2 kg/Mg (2.4 lb/ton) of aluminum produced for each VSS1 
potline; and
    (iii) 1.8 kg/Mg (3.6 lb/ton) of aluminum produced for each VSS2 
potline.
    (3) Change in subcategory. Any potline, other than a reconstructed 
potline, that is changed such that its applicable subcategory also 
changes shall meet the applicable emission limit in this subpart for the 
original subcategory or the new subcategory, whichever is more 
stringent.
    (b) Paste production plants. The owner or operator shall install, 
operate, and maintain equipment to capture and control POM emissions 
from each paste production plant.
    (1) The emission capture system shall be installed and operated to 
meet the generally accepted engineering standards for minimum exhaust 
rates as published by the American Conference of Governmental Industrial 
Hygienists in Chapters 3 and 5 of ``Industrial Ventilation: A Handbook 
of Recommended Practice'' (incorporated by reference in Sec. 63.841 of 
this part); and
    (2) Captured emissions shall be routed through a closed system to a 
dry coke scrubber; or
    (3) The owner or operator may submit a written request for use of an 
alternative control device to the applicable regulatory authority for 
review and approval. The request shall contain information and data 
demonstrating that the alternative control device achieves POM emissions 
less than 0.011 lb/ton of paste for plants with continuous mixers or POM 
emissions less than 0.024 lb/ton of paste for plants with batch mixers. 
The POM emission rate shall be determined by sampling using Method 315 
in appendix A to this part.
    (c) Anode bake furnaces. The owner or operator shall not discharge 
or cause to be discharged into the atmosphere any emissions of TF or POM 
in excess of the limits in paragraphs (c)(1) and (c)(2) of this section.
    (1) TF limit. Emissions of TF shall not exceed 0.10 kg/Mg (0.20 lb/
ton) of green anode; and
    (2) POM limit. Emissions of POM shall not exceed 0.09 kg/Mg (0.18 
lb/ton) of green anode.



Sec. 63.844  Emission limits for new or reconstructed sources.

    (a) Potlines. The owner or operator shall not discharge or cause to 
be discharged into the atmosphere any emissions of TF or POM in excess 
of the limits in paragraphs (a)(1) and (a)(2) of this section.
    (1) TF limit. Emissions of TF shall not exceed 0.6 kg/Mg (1.2 lb/
ton) of aluminum produced; and

[[Page 997]]

    (2) POM limit. Emissions of POM from Soderberg potlines shall not 
exceed 0.32 kg/Mg (0.63 lb/ton) of aluminum produced.
    (b) Paste production plants. The owner or operator shall meet the 
requirements in Sec. 63.843(b) for existing paste production plants.
    (c) Anode bake furnaces. The owner or operator shall not discharge 
or cause to be discharged into the atmosphere any emissions of TF or POM 
in excess of the limits in paragraphs (c)(1) and (c)(2) of this section.
    (1) TF limit. Emissions of TF shall not exceed 0.01 kg/Mg (0.02 lb/
ton) of green anode; and
    (2) POM limit. Emissions of POM shall not exceed 0.025 kg/Mg (0.05 
lb/ton) of green anode.
    (d) Pitch storage tanks. Each pitch storage tank shall be equipped 
with an emission control system designed and operated to reduce inlet 
emissions of POM by 95 percent or greater.



Sec. 63.845  Incorporation of new source performance standards for potroom groups.

    (a) Applicability. The provisions in paragraphs (a) through (i) of 
this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that 
adds a new potroom group to an existing potline or that is associated 
with a potroom group that meets the definition of ``modified potroom 
group'' or ``reconstructed potroom group.''
    (1) The following shall not, by themselves, be considered to result 
in a potroom group modification:
    (i) Maintenance, repair, and replacement that the applicable 
regulatory authority determines to be routine for the potroom group;
    (ii) An increase in production rate of an existing potroom group, if 
that increase can be accomplished without a capital expenditure on that 
potroom group;
    (iii) An increase in the hours of operation;
    (iv) Use of an alternative fuel or raw material if, prior to the 
effective date of this subpart, the existing potroom group was designed 
to accommodate that alternative use;
    (v) The addition or use of any system or device whose primary 
function is the reduction of air pollutants, except when an emission 
control system is removed or is replaced by a system that the applicable 
regulatory authority determines to be less environmentally beneficial; 
and
    (vi) The relocation or change in ownership of an existing potroom 
group.
    (2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of 
this section apply when the applicable regulatory authority must 
determine if a potroom group meets the definition of reconstructed 
potroom group.
    (i) ``Fixed capital cost'' means the capital needed to provide all 
the depreciable components.
    (ii) If an owner or operator of an existing potroom group proposes 
to replace components, and the fixed capital cost of the new components 
exceeds 50 percent of the fixed capital cost that would be required to 
construct a comparable entirely new potroom group, he/she shall notify 
the applicable regulatory authority of the proposed replacements. The 
notice must be postmarked 60 days (or as soon as practicable) before 
construction of the replacements is commenced and must include the 
following information:
    (A) Name and address of the owner or operator;
    (B) The location of the existing potroom group;
    (C) A brief description of the existing potroom group and the 
components that are to be replaced;
    (D) A description of the existing air pollution control equipment 
and the proposed air pollution control equipment;
    (E) An estimate of the fixed capital cost of the replacements and of 
constructing a comparable entirely new potroom group;
    (F) The estimated life of the existing potroom group after the 
replacements; and
    (G) A discussion of any economic or technical limitations the 
potroom group may have in complying with the applicable standards of 
performance after the proposed replacements.
    (iii) The applicable regulatory authority will determine, within 30 
days of the receipt of the notice required by paragraph (a)(2)(ii) of 
this section and any additional information he/she may

[[Page 998]]

reasonably require, whether the proposed replacement constitutes a 
reconstructed potroom group.
    (iv) The applicable regulatory authority's determination under 
paragraph (a)(2)(iii) of this section shall 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 potroom group;
    (B) The estimated life of the potroom group after the replacements 
compared to the life of a comparable entirely new potroom group;
    (C) The extent to which the components being replaced cause or 
contribute to the emissions from the potroom group; and
    (D) Any economic or technical limitations on compliance with 
applicable standards of performance that are inherent in the proposed 
replacements.
    (b) Lower TF emission limit. The owner or operator shall calculate a 
lower TF emission limit for any potline associated with the modified 
potroom group, reconstructed potroom group, or new potroom group using 
the following equation:

L1=f1  x  LPG1 = (1-f1)  x  
LPL

Where

L1=the lower TF emission limit in kg/Mg (lb/ton);
f1=the fraction of the potline's total aluminum production 
capacity that is contained within all modified potroom groups, 
reconstructed potroom groups, and new potroom groups;
LPG1=0.95 kg/Mg (1.9 lb/ton) for prebake potlines and 1.0 kg/
Mg (2.0 lb/ton) for Soderberg potlines; and
LPL=the TF emission limit from Sec. 63.843(a)(1) for the 
appropriate potline subcategory that would have otherwise applied to the 
potline.

    (c) Upper TF emission limit. The owner or operator shall calculate 
an upper TF emission limit for any potline associated with the modified 
potroom group, reconstructed potroom group, or new potroom group using 
the following equation:

L2=f1  x  LPG2 = (1-f1)  x  
LPL

Where

L2=the upper TF emission limit in kg/Mg (lb/ton); and
LPG2=1.25 kg/Mg (2.5 lb/ton) for prebake potlines and 1.3 kg/
Mg (2.6 lb/ton) for Soderberg potlines.
    (d) Recalculation. The TF emission limits in paragraphs (b) and (c) 
of this section shall be recalculated each time a new potroom group is 
added to the potline and each time an additional potroom group meets the 
definition of ``modified potroom group'' or ``reconstructed potroom 
group.''
    (e) Emission limitation. The owner or operator shall not discharge 
or cause to be discharged into the atmosphere emissions of TF from any 
potline associated with the modified potroom group, reconstructed 
potroom group, or new potroom group that exceed the lower emission limit 
calculated in paragraph (b) of this section, except that emissions less 
than the upper limit calculated in paragraph (c) of this section will be 
considered in compliance if the owner or operator demonstrates that 
exemplary operation and maintenance procedures were used with respect to 
the emission control system and that proper control equipment was 
operating at the potline during the performance test.
    (f) Report. Within 30 days of any performance test that reveals 
emissions that fall between the lower limit calculated in paragraph (b) 
of this section and the upper limit calculated in paragraph (c) of this 
section, the owner or operator shall submit to the applicable regulatory 
authority a report indicating whether all necessary control devices were 
online and operating properly during the performance test, describing 
the operating and maintenance procedures followed, and setting forth any 
explanation for the excess emissions.
    (g) Procedures to determine TF emissions. The owner or operator 
shall determine TF emissions for the potline using the following 
procedures:
    (1) Determine the emission rate of TF in kg/Mg (lb/ton) from 
sampling secondary emissions and the primary control system for all new 
potroom groups, modified potroom groups, and reconstructed potroom 
groups using the procedures, equations, and test methods in 
Secs. 63.847, 63.848, and 63.849.

[[Page 999]]

    (2) Determine the emission rate of TF in kg/Mg (lb/ton) from 
sampling secondary emissions and the primary control system for potroom 
groups or sections of potroom groups within the potline that are not new 
potroom groups, modified potroom groups, or reconstructed potroom groups 
according to paragraphs (g)(2)(i) or (g)(2)(ii) of this section.
    (i) Determine the mass emission rate of TF in kg/Mg (lb/ton) from at 
least one potroom group within the potline that is not a new potroom 
group, modified potroom group, or reconstructed potroom group using the 
procedures, equations, and test methods in Secs. 63.847, 63.848, and 
63.849, or
    (ii) Use the results of the testing required by paragraph (g)(1) of 
this section to represent the entire potline based on a demonstration 
that the results are representative of the entire potline. 
Representativeness shall be based on showing that all of the potroom 
groups associated with the potline are substantially equivalent in terms 
of their structure, operability, type of emissions, volume of emissions, 
and concentration of emissions.
    (3) Calculate the TF emissions for the potline in kg/Mg (lb/ton) 
based on the production-weighted average of the TF emission rates from 
paragraphs (g)(1) and (g)(2) of this section using the following 
equation:

E=f1  x  EPG1 = (1-f1) x EPL

where

E=the TF emission rate for the entire potline, kg/Mg (lb/ton);
f1=the fraction of the potline's total aluminum production 
rate that is contained within all modified potroom groups, reconstructed 
potroom groups, and new potroom groups;
EPG1=the TF emission rate from paragraph (g)(1) of this 
section for all modified potroom groups, reconstructed potroom groups, 
and new potroom groups, kg/Mg (lb/ton); and
EPL=the TF emission rate for the balance of the potline from 
paragraph (g)(2) of this section, kg/Mg (lb/ton).

    Compliance is demonstrated when TF emissions for the potline meet 
the requirements in paragraph (e) of this section.
    (4) As an alternative to sampling as required in paragraphs (g)(1) 
and (g)(2) of this section, the owner or operator may perform 
representative sampling of the entire potline subject to the approval of 
the applicable regulatory authority. Such sampling shall provide 
coverage by the sampling equipment of both the new, modified, or 
reconstructed potroom group and the balance of the potline. The coverage 
for the new, modified, or reconstructed potroom group must meet the 
criteria specified in the reference methods in Sec. 63.849. TF emissions 
shall be determined for the potline using the procedures, equations, and 
test methods in Secs. 63.847, 63.848, and 63.849. Compliance is 
demonstrated when TF emissions for the potline meet the requirements in 
paragraph (e) of this section.
    (h) Opacity. Except as provided in paragraph (i) of this section, 
the owner or operator shall not discharge or cause to be discharged into 
the atmosphere from the modified potroom group, reconstructed potroom 
group, or new potroom group any emissions of gases that exhibit 10 
percent opacity or greater.
    (i) Alternative opacity limit. An alternative opacity limit may be 
established in place of the opacity limit in paragraph (h) of this 
section using the following procedures:
    (1) If the regulatory authority finds that a potline is in 
compliance with the applicable TF standard for which performance tests 
are conducted in accordance with the methods and procedures in 
Sec. 63.849 but during the time such performance tests are being 
conducted fails to meet any applicable opacity standard, the regulatory 
authority shall notify and advise the owner or operator that he/she may 
petition the regulatory authority within 10 days of receipt of 
notification to make appropriate adjustment to the opacity standard.
    (2) The regulatory authority will grant such a petition upon a 
demonstration by the owner or operator that the potroom group and 
associated air pollution control equipment were operated and maintained 
in a manner to minimize the opacity of emissions during the performance 
tests; that the performance tests were performed

[[Page 1000]]

under the conditions established by the regulatory authority; and that 
the potroom group and associated air pollution control equipment were 
incapable of being adjusted or operated to meet the applicable opacity 
standard.
    (3) As indicated by the performance and opacity tests, the 
regulatory authority will establish an opacity standard for any potroom 
group meeting the requirements in paragraphs (i)(1) and (i)(2) of this 
section such that the opacity standard could be met by the potroom group 
at all times during which the potline is meeting the TF emission limit.
    (4) The alternative opacity limit established in paragraph (i)(3) of 
this section shall not be greater than 20 percent opacity.



Sec. 63.846  Emission averaging.

    (a) General. The owner or operator of an existing potline or anode 
bake furnace in a State that does not choose to exclude emission 
averaging in the approved operating permit program may demonstrate 
compliance by emission averaging according to the procedures in this 
section.
    (b) Potlines. The owner or operator may average TF emissions from 
potlines and demonstrate compliance with the limits in Table 1 of this 
subpart using the procedures in paragraphs (b)(1) and (b)(2) of this 
section. The owner or operator also may average POM emissions from 
potlines and demonstrate compliance with the limits in Table 2 of this 
subpart using the procedures in paragraphs (b)(1) and (b)(3) of this 
section.
    (1) Monthly average emissions of TF and/or quarterly average 
emissions of POM shall not exceed the applicable emission limit in Table 
1 of this subpart (for TF emissions) and/or Table 2 of this subpart (for 
POM emissions). The emission rate shall be calculated based on the total 
emissions from all potlines over the period divided by the quantity of 
aluminum produced during the period, from all potlines comprising the 
averaging group.
    (2) To determine compliance with the applicable emission limit in 
Table 1 of this subpart for TF emissions, the owner or operator shall 
determine the monthly average emissions (in lb/ton) from each potline 
from at least three runs per potline each month for TF secondary 
emissions using the procedures and methods in Secs. 63.847 and 63.849. 
The owner or operator shall combine the results of secondary TF monthly 
average emissions with the TF results for the primary control system and 
divide total emissions by total aluminum production.
    (3) To determine compliance with the applicable emission limit in 
Table 2 of this subpart for POM emissions, the owner or operator shall 
determine the quarterly average emissions (in lb/ton) from each potline 
from at least one run each month for POM emissions using the procedures 
and methods in Secs. 63.847 and 63.849. The owner or operator shall 
combine the results of secondary POM quarterly average emissions with 
the POM results for the primary control system and divide total 
emissions by total aluminum production.
    (c) Anode bake furnaces. The owner or operator may average TF 
emissions from anode bake furnaces and demonstrate compliance with the 
limits in Table 3 of this subpart using the procedures in paragraphs 
(c)(1) and (c)(2) of this section. The owner or operator also may 
average POM emissions from anode bake furnaces and demonstrate 
compliance with the limits in Table 3 of this subpart using the 
procedures in paragraphs (c)(1) and (c)(2) of this section.
    (1) Annual emissions of TF and/or POM from a given number of anode 
bake furnaces making up each averaging group shall not exceed the 
applicable emission limit in Table 3 of this subpart in any one year; 
and
    (2) To determine compliance with the applicable emission limit in 
Table 3 of this subpart for anode bake furnaces, the owner or operator 
shall determine TF and/or POM emissions from the control device for each 
furnace at least once a year using the procedures and methods in 
Secs. 63.847 and 63.849.
    (d) Implementation plan. The owner or operator shall develop and 
submit an implementation plan for emission averaging to the applicable 
regulatory authority for review and approval according to the following 
procedures and requirements:

[[Page 1001]]

    (1) Deadlines. The owner or operator must submit the implementation 
plan no later than 6 months before the date that the facility intends to 
comply with the emission averaging limits.
    (2) Contents. The owner or operator shall include the following 
information in the implementation plan or in the application for an 
operating permit for all emission sources to be included in an emissions 
average:
    (i) The identification of all emission sources (potlines or anode 
bake furnaces) in the average;
    (ii) The assigned TF or POM emission limit for each averaging group 
of potlines or anode bake furnaces;
    (iii) The specific control technology or pollution prevention 
measure to be used for each emission source in the averaging group and 
the date of its installation or application. If the pollution prevention 
measure reduces or eliminates emissions from multiple sources, the owner 
or operator must identify each source;
    (iv) The test plan for the measurement of TF or POM emissions in 
accordance with the requirements in Sec. 63.847(b);
    (v) The operating parameters to be monitored for each control system 
or device and a description of how the operating limits will be 
determined;
    (vi) If the owner or operator requests to monitor an alternative 
operating parameter pursuant to Sec. 63.848(l):
    (A) A description of the parameter(s) to be monitored and an 
explanation of the criteria used to select the parameter(s); and
    (B) A description of the methods and procedures that will be used to 
demonstrate that the parameter indicates proper operation of the control 
device; the frequency and content of monitoring, reporting, and 
recordkeeping requirements; and a demonstration, to the satisfaction of 
the applicable regulatory authority, that the proposed monitoring 
frequency is sufficient to represent control device operating 
conditions; and
    (vii) A demonstration that compliance with each of the applicable 
emission limit(s) will be achieved under representative operating 
conditions.
    (3) Approval criteria. Upon receipt, the regulatory authority shall 
review and approve or disapprove the plan or permit application 
according to the following criteria:
    (i) Whether the content of the plan includes all of the information 
specified in paragraph (d)(2) of this section; and
    (ii) Whether the plan or permit application presents sufficient 
information to determine that compliance will be achieved and 
maintained.
    (4) Prohibitions. The applicable regulatory authority shall not 
approve an implementation plan or permit application containing any of 
the following provisions:
    (i) Any averaging between emissions of differing pollutants or 
between differing sources. Emission averaging shall not be allowed 
between TF and POM, and emission averaging shall not be allowed between 
potlines and bake furnaces;
    (ii) The inclusion of any emission source other than an existing 
potline or existing anode bake furnace or the inclusion of any potline 
or anode bake plant not subject to the same operating permit;
    (iii) The inclusion of any potline or anode bake furnace while it is 
shut down; or
    (iv) The inclusion of any periods of startup, shutdown, or 
malfunction, as described in the startup, shutdown, and malfunction plan 
required by Sec. 63.850(c), in the emission calculations.
    (5) Term. Following review, the applicable regulatory authority 
shall approve the plan or permit application, request changes, or 
request additional information. Once the applicable regulatory authority 
receives any additional information requested, the applicable regulatory 
authority shall approve or disapprove the plan or permit application 
within 120 days.
    (i) The applicable regulatory authority shall approve the plan for 
the term of the operating permit;
    (ii) To revise the plan prior to the end of the permit term, the 
owner or operator shall submit a request to the applicable regulatory 
authority; and
    (iii) The owner or operator may submit a request to the applicable 
regulatory authority to implement emission averaging after the 
applicable compliance date.

[[Page 1002]]

    (6) Operation. While operating under an approved implementation 
plan, the owner or operator shall monitor the operating parameters of 
each control system, keep records, and submit periodic reports as 
required for each source subject to this subpart.



Sec. 63.847  Compliance provisions.

    (a) Compliance dates. The owner or operator of a primary aluminum 
plant shall demonstrate initial compliance with the requirements of this 
subpart by:
    (1) October 7, 1999, for an owner or operator of an existing plant 
or source;
    (2) October 9, 2000, for an existing source, provided the owner or 
operator demonstrates to the satisfaction of the applicable regulatory 
authority that additional time is needed to install or modify the 
emission control equipment;
    (3) October 8, 2001, for an existing source that is granted an 
extension by the regulatory authority under section 112(i)(3)(B) of the 
Act; or
    (4) Upon startup, for an owner or operator of a new or reconstructed 
source.
    (b) Test plan. The owner or operator shall prepare a site-specific 
test plan prior to the initial performance test according to the 
requirements of Sec. 63.7(c) of this part. The test plan must include 
procedures for conducting the initial performance test and for 
subsequent performance tests required in Sec. 63.848 for emission 
monitoring. In addition to the information required by Sec. 63.7, the 
test plan shall include:
    (1) Procedures to ensure a minimum of three runs are performed 
annually for the primary control system for each source;
    (2) For a source with a single control device exhausted through 
multiple stacks, procedures to ensure that at least three runs are 
performed annually by a representative sample of the stacks satisfactory 
to the applicable regulatory authority;
    (3) For multiple control devices on a single source, procedures to 
ensure that at least one run is performed annually for each control 
device by a representative sample of the stacks satisfactory to the 
applicable regulatory authority;
    (4) Procedures for sampling single stacks associated with multiple 
anode bake furnaces;
    (5) For plants with roof scrubbers, procedures for rotating sampling 
among the scrubbers or other procedures to obtain representative samples 
as approved by the applicable regulatory authority;
    (6) For a VSS1 potline, procedures to ensure that one fan (or one 
scrubber) per potline is sampled for each run;
    (7) For a SWPB potline, procedures to ensure that the average of the 
sampling results for two fans (or two scrubbers) per potline is used for 
each run; and
    (8) Procedures for establishing the frequency of testing to ensure 
that at least one run is performed before the 15th of the month, at 
least one run is performed after the 15th of the month, and that there 
are at least 6 days between two of the runs during the month, or that 
secondary emissions are measured according to an alternate schedule 
satisfactory to the applicable regulatory authority.
    (c) Initial performance test. Following approval of the site-
specific test plan, the owner or operator shall conduct an initial 
performance test during the first month following the compliance date in 
accordance with the procedures in paragraph (d) of this section. If a 
performance test has been conducted on the primary control system for 
potlines or for the anode bake furnace within the 12 months prior to the 
compliance date, the results of that performance test may be used to 
determine initial compliance.
    (d) Performance test requirements. The initial performance test and 
all subsequent performance tests shall be conducted in accordance with 
the requirements of the general provisions in subpart A of this part, 
the approved test plan, and the procedures in this section.
    (1) TF emissions from potlines. For each potline, the owner or 
operator shall measure and record the emission rate of TF exiting the 
outlet of the primary control system for each potline and the rate of 
secondary emissions exiting through each roof monitor, or for a plant 
with roof scrubbers, exiting

[[Page 1003]]

through the scrubbers. Using the equation in paragraph (e)(1) of this 
section, the owner or operator shall compute and record the average of 
at least three runs each month for secondary emissions and at least 
three runs each year for the primary control system to determine 
compliance with the applicable emission limit. Compliance is 
demonstrated when the emission rate of TF is equal to or less than the 
applicable emission limit in Secs. 63.843, 63.844, or 63.846.
    (2) POM emissions from Soderberg potlines. For each Soderberg (HSS, 
VSS1, and VSS2) potline, the owner or operator shall measure and record 
the emission rate of POM exiting the primary emission control system and 
the rate of secondary emissions exiting through each roof monitor, or 
for a plant with roof scrubbers, exiting through the scrubbers. Using 
the equation in paragraph (e)(2) of this section, the owner or operator 
shall compute and record the average of at least three runs each quarter 
(one run per month) for secondary emissions and at least three runs each 
year for the primary control system to determine compliance with the 
applicable emission limit. Compliance is demonstrated when the emission 
rate of POM is equal to or less than the applicable emission limit in 
Secs. 63.843, 63.844, or 63.846.
    (3) Previous control device tests. If the owner or operator has 
performed more than one test of primary emission control device(s) for a 
potline or for a bake furnace during the previous consecutive 12 months, 
the average of all runs performed in the previous 12-month period shall 
be used to determine the contribution from the primary emission control 
system.
    (4) TF and POM emissions from anode bake furnaces. For each anode 
bake furnace, the owner or operator shall measure and record the 
emission rate of TF and POM exiting the exhaust stacks(s) of the primary 
emission control system for each anode bake furnace. Using the equations 
in paragraphs (e)(3) and (e)(4) of this section, the owner or operator 
shall compute and record the average of at least three runs each year to 
determine compliance with the applicable emission limits for TF and POM. 
Compliance is demonstrated when the emission rates of TF and POM are 
equal to or less than the applicable TF and POM emission limits in 
Secs. 63.843, 63.844, or 63.846.
    (e) Equations. The owner or operator shall determine compliance with 
the applicable TF and POM emission limits using the following equations 
and procedures:
    (1) Compute the emission rate (Ep) of TF from each 
potline using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR07OC97.006

Where

Ep=emission rate of TF from a potline, kg/Mg (lb/ton);
Cs1=concentration of TF from the primary control system, mg/
dscm (mg/dscf);
Qsd=volumetric flow rate of effluent gas corresponding to the 
appropriate subscript location, dscm/hr (dscf/hr);
Cs2=concentration of TF as measured for roof monitor 
emissions, mg/dscm (mg/dscf);
P=aluminum production rate, Mg/hr (ton/hr);
K=conversion factor, 10\6\ mg/kg (453,600 mg/lb);
1 = subscript for primary control system effluent gas; and
2 = subscript for secondary control system or roof monitor 
effluent gas.

    (2) Compute the emission rate of POM from each potline using 
Equation 1,

Where:

Ep = emission rate of POM from the potline, kg/mg (lb/ton); 
and
Cs = concentration of POM, mg/dscm (mg/dscf). POM emission 
data collected during the installation and

[[Page 1004]]

startup of a cathode shall not be included in Cs.

    (3) Compute the emission rate (Eb) of TF from each anode 
bake furnace using Equation 2,
[GRAPHIC] [TIFF OMITTED] TR07OC97.007

Where:

Eb = emission rate of TF, kg/mg (lb/ton) of green anodes 
produced;
Cs = concentration of TF, mg/dscm (mg/dscf);
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
hr);
Pb = quantity of green anode material placed in the furnace, 
mg/hr (ton/hr); and
K = conversion factor, 10\6\ mg/kg (453,600 mg/lb).

    (4) Compute the emission rate of POM from each anode bake furnace 
using Equation 2,

Where:

Cs = concentration of POM, mg/dscm (mg/dscf).

    (5) Determine the weight of the aluminum tapped from the potline and 
the weight of the green anode material placed in the anode bake furnace 
using the monitoring devices required in Sec. 63.848(j).
    (6) Determine the aluminum production rate (P) by dividing the 
number of hours in the calendar month into the weight of aluminum tapped 
from the potline during the calendar month that includes the three runs 
of a performance test.
    (7) Determine the rate of green anode material introduced into the 
furnace by dividing the number of operating hours in the calendar month 
into the weight of green anode material used during the calendar month 
in which the performance test was conducted.
    (f) Paste production plants. Initial compliance with the standards 
for existing and new paste production plants in Secs. 63.843(b) and 
63.844(b) will be demonstrated through site inspection(s) and review of 
site records by the applicable regulatory authority.
    (g) Pitch storage tanks. The owner or operator shall demonstrate 
initial compliance with the standard for pitch storage tanks in 
Sec. 63.844(d) by preparing a design evaluation or by conducting a 
performance test. The owner or operator shall submit for approval by the 
regulatory authority the information specified in paragraph (g)(1) of 
this section, along with the information specified in paragraph (g)(2) 
of this section where a design evaluation is performed or the 
information specified in paragraph (g)(3) of this section where a 
performance test is conducted.
    (1) A description of the 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
    (2) Where a design evaluation is performed, documentation 
demonstrating that the control device used achieves the required control 
efficiency during reasonably expected maximum filling rate. The 
documentation shall include a description of the gas stream that enters 
the control device, including flow and POM content under varying liquid 
level conditions, and the information specified in paragraphs (g)(2)(i) 
through (g)(2)(vi) of this section, as applicable.
    (i) If the control device receives vapors, gases, or liquids, other 
than fuels, from emission points other than pitch storage tanks, 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 minimum residence time 
of 0.5 seconds and a minimum temperature of 760  deg.C (1,400  deg.F) is 
used to meet the emission reduction requirement specified in 
Sec. 83.844(d), documentation that

[[Page 1005]]

those conditions exist is sufficient to meet the requirements of 
Sec. 83.844(d);
    (iii) Except as provided in paragraph (g)(2)(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) If the pitch storage tank is vented to the emission control 
system installed for control of emissions from the paste production 
plant pursuant to Sec. 63.843(b), documentation of compliance with the 
requirements of Sec. 63.843(b) is sufficient to meet the requirements of 
Sec. 63.844(d);
    (v) For carbon adsorbers, the design evaluation shall include the 
affinity of the organic 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, and 
if applicable, the desorption schedule, the regeneration stream pressure 
or temperature, and the flow rate of the regeneration stream. For vacuum 
desorption, the pressure drop shall be included; and
    (vi) 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.
    (3) If a performance test is conducted, the owner or operator shall 
determine the control efficiency for POM during tank loading using 
Method 315 in appendix A to this part. The owner or operator shall 
include the following information:
    (i) Identification of the pitch storage tank and control device for 
which the performance test will be submitted; and
    (ii) Identification of the emission point(s) that share the control 
device with the pitch storage tank and for which the performance test 
will be conducted.
    (h) Selection of monitoring parameters. The owner or operator shall 
determine the operating limits and monitoring frequency for each control 
device that is to be monitored as required in Sec. 63.848(f).
    (1) For potlines and anode bake furnaces, the owner or operator 
shall determine upper and/or lower operating limits, as appropriate, for 
each monitoring device for the emission control system from the values 
recorded during each of the runs performed during the initial 
performance test and from historical data from previous performance 
tests conducted by the methods specified in this subpart.
    (2) For a paste production plant, the owner or operator shall 
specify and provide the basis or rationale for selecting parameters to 
be monitored and the associated operating limits for the emission 
control device.
    (3) The owner or operator may redetermine the upper and/or lower 
operating limits, as appropriate, based on historical data or other 
information and submit an application to the applicable regulatory 
authority to change the applicable limit(s). The redetermined limits 
shall become effective upon approval by the applicable regulatory 
authority.



Sec. 63.848  Emission monitoring requirements.

    (a) TF emissions from potlines. Using the procedures in Sec. 63.847 
and in the approved test plan, the owner or operator shall monitor 
emissions of TF from each potline by conducting monthly performance 
tests. The owner or operator shall compute and record the monthly 
average from at least three runs for secondary emissions and the 
previous 12-month average of all runs for the primary control system to 
determine compliance with the applicable emission limit. The owner or 
operator must include all valid runs in the monthly average. The 
duration of each run for secondary emissions must represent a complete 
operating cycle.
    (b) POM emissions from Soderberg potlines. Using the procedures in 
Sec. 63.847 and in the approved test plan, the owner or operator shall 
monitor emissions of POM from each Soderberg (HSS, VSS1, and VSS2) 
potline every three months. The owner or operator shall compute and 
record the quarterly (3-month) average from at least one run per month 
for secondary emissions

[[Page 1006]]

and the previous 12-month average of all runs for the primary control 
systems to determine compliance with the applicable emission limit. The 
owner or operator must include all valid runs in the quarterly (3-month) 
average. The duration of each run for secondary emissions must represent 
a complete operating cycle. The primary control system must be sampled 
over an 8-hour period, unless site-specific factors dictate an 
alternative sampling time subject to the approval of the regulatory 
authority.
    (c) TF and POM emissions from anode bake furnaces. Using the 
procedures in Sec. 63.847 and in the approved test plan, the owner or 
operator shall monitor TF and POM emissions from each anode bake furnace 
on an annual basis. The owner or operator shall compute and record the 
annual average of TF and POM emissions from at least three runs to 
determine compliance with the applicable emission limits. The owner or 
operator must include all valid runs in the annual average.
    (d) Similar potlines. As an alternative to monthly monitoring of TF 
or POM secondary emissions from each potline using the test methods in 
Sec. 63.849, the owner or operator may perform monthly monitoring of TF 
or POM secondary emissions from one potline using the test methods in 
Secs. 63.849 (a) or (b) to represent the performance of similar 
potline(s). The similar potline(s) shall be monitored using an 
alternative method that meets the requirements of paragraphs (d)(1) 
through (d)(7) of this section. Two or more potlines are similar if the 
owner or operator demonstrates that their structure, operability, type 
of emissions, volume of emissions, and concentration of emissions are 
substantially equivalent.
    (1) To demonstrate (to the satisfaction of the regulatory authority) 
that the level of emission control performance is the same or better, 
the owner or operator shall perform an emission test using an 
alternative monitoring procedure for the similar potline simultaneously 
with an emission test using the applicable test methods. The results of 
the emission test using the applicable test methods must be in 
compliance with the applicable emission limit for existing or new 
potlines in Secs. 63.843 or 63.844. An alternative method:
    (i) For TF emissions, must account for or include gaseous fluoride 
and cannot be based on measurement of particulate matter or particulate 
fluoride alone; and
    (ii) For TF and POM emissions, must meet or exceed Method 14 
criteria.
    (2) An HF continuous emission monitoring system is an approved 
alternative for the monitoring of TF secondary emissions.
    (3) An owner or operator electing to use an alternative monitoring 
procedure shall establish an alternative emission limit based on at 
least nine simultaneous runs using the applicable test methods and the 
alternative monitoring method. All runs must represent a full process 
cycle.
    (4) The owner or operator shall derive an alternative emission limit 
for the HF continuous emission monitor or an alternative method using 
either of the following procedures:
    (i) Use the highest value from the alternative method associated 
with a simultaneous run by the applicable test method that does not 
exceed the applicable emission limit; or
    (ii) Correlate the results of the two methods (the applicable test 
method results and the alternative monitoring method results) and 
establish an emission limit for the alternative monitoring system that 
corresponds to the applicable emission limit.
    (5) The owner or operator shall submit the results required in 
paragraph (d)(4) of this section and all supporting documentation to the 
applicable regulatory authority for review and approval.
    (6) The regulatory authority shall review and approve or disapprove 
the request for an alternative method and alternative emission limit. 
The criterion for approval shall be a demonstration (to the satisfaction 
of the regulatory authority) that the alternative method and alternative 
emission limit achieve a level of emission control that is the same as 
or better than the level that would have otherwise been achieved by the 
applicable method and emission limit.

[[Page 1007]]

    (7) If the alternative method is approved by the applicable 
regulatory authority, the owner or operator shall perform monthly 
emission monitoring using the approved alternative monitoring procedure 
to demonstrate compliance with the alternative emission limit for each 
similar potline.
    (e) Reduced sampling frequency. The owner or operator may submit a 
written request to the applicable regulatory authority to establish an 
alternative testing requirement to reduce the sampling of secondary TF 
emissions from potlines from monthly to quarterly.
    (1) In the request, the owner or operator shall provide information 
and data demonstrating, to the satisfaction of the applicable regulatory 
authority, that secondary emissions of TF from potlines have low 
variability during normal operations using the procedures in paragraphs 
(e)(1)(i) or (e)(1)(ii) of this section.
    (i) Submit data from 24 consecutive months of sampling that show the 
average TF emissions are less than 60 percent of the applicable limit 
and that no monthly performance test in the 24 months of sampling 
exceeds 75 percent of the applicable limit; or
    (ii) Submit data and a statistical analysis that the regulatory 
authority may evaluate based on the approach used in ``Primary Aluminum: 
Statistical Analysis of Potline Fluoride Emissions and Alternative 
Sampling Frequency'' (EPA-450-86-012, October 1986), which is available 
from the National Technical Information Service (NTIS), 5285 Port Royal 
Road, Springfield, VA 22161.
    (2) An approved alternative requirement must include a test schedule 
and the method to be used to measure emissions for performance tests.
    (3) The owner or operator of a plant that has received approval of 
an alternative sampling frequency under Sec. 60.194 of this chapter is 
deemed to have approval of the alternative sampling frequency under this 
subpart.
    (4) If emissions in excess of the applicable TF limit occur while 
performing quarterly sampling approved under paragraph (e)(1)(i) of this 
section, the owner or operator shall return to monthly sampling for at 
least 12 months and may reduce to quarterly sampling when:
    (i) The average of all tests performed over the most recent 24-month 
period does not exceed 60 percent of the applicable limit, and
    (ii) No more than one monthly performance test in the most recent 
24-month period exceeds 75 percent of the applicable limit.
    (5) If emissions in excess of the applicable TF limit occur while 
performing quarterly sampling approved under paragraph (e)(1)(ii) of 
this section, the owner or operator shall immediately return to the 
monthly sampling schedule required by paragraph (a) of this section 
until another request for an alternative sampling frequency is approved 
by the applicable regulatory authority.
    (f) Monitoring parameters for emission control devices. The owner or 
operator shall install, operate, calibrate, and maintain a continuous 
parameter monitoring system for each emission control device. The owner 
or operator shall submit for approval by the regulatory authority a 
description of the parameter(s) to be monitored, the operating limits, 
and the monitoring frequency to ensure that the control device is being 
properly operated and maintained. An explanation of the criteria used 
for selection of the parameter(s), the operating limits, and the 
monitoring frequency, including how these relate to emission control 
also shall be submitted to the regulatory authority. Except as provided 
in paragraph (l) of this section, the following monitoring devices shall 
be installed:
    (1) For dry alumina scrubbers, devices for the measurement of 
alumina flow and air flow;
    (2) For dry coke scrubbers, devices for the measurement of coke flow 
and air flow;
    (3) For wet scrubbers as the primary control system, devices for the 
measurement of water flow and air flow;
    (4) For electrostatic precipitators, devices for the measurement of 
voltage and secondary current; and
    (5) For wet roof scrubbers for secondary emission control:
    (i) A device for the measurement of total water flow; and

[[Page 1008]]

    (ii) The owner or operator shall inspect each control device at 
least once each operating day to ensure the control device is operating 
properly and record the results of each inspection.
    (g) Visible emissions. The owner or operator shall visually inspect 
the exhaust stack(s) of each control device on a daily basis for 
evidence of any visible emissions indicating abnormal operation.
    (h) Corrective action. If a monitoring device for a primary control 
device measures an operating parameter outside the limit(s) established 
pursuant to Sec. 63.847(h), if visible emissions indicating abnormal 
operation are observed from the exhaust stack of a control device during 
a daily inspection, or if a problem is detected during the daily 
inspection of a wet roof scrubber for potline secondary emission 
control, the owner or operator shall initiate the corrective action 
procedures identified in the startup, shutdown, and malfunction plan 
within 1 hour. Failure to initiate the corrective action procedures 
within 1 hour or to take the necessary corrective actions to remedy the 
problem is a violation.
    (i) Exceedances. If the limit for a given operating parameter 
associated with monitoring a specific control device is exceeded six 
times in any semiannual reporting period, then any subsequent exceedance 
in that reporting period is a violation. For the purpose of determining 
the number of exceedances, no more than one exceedance shall be 
attributed in any given 24-hour period.
    (j) Weight of aluminum and green anodes. The owner or operator of a 
new or existing potline or anode bake furnace shall install, operate, 
and maintain a monitoring device to determine the daily weight of 
aluminum produced and the weight of green anode material placed in the 
anode bake furnace. The weight of green anode material may be determined 
by monitoring the weight of all anodes or by monitoring the number of 
anodes placed in the furnace and determining an average weight from 
measurements of a representative sample of anodes.
    (k) Accuracy and calibration. The owner or operator shall submit 
recommended accuracy requirements to the regulatory authority for review 
and approval. All monitoring devices required by this section must be 
certified by the owner or operator to meet the accuracy requirements and 
must be calibrated in accordance with the manufacturer's instructions.
    (l) Alternative operating parameters. The owner or operator may 
monitor alternative control device operating parameters subject to prior 
written approval by the applicable regulatory authority.
    (m) Other control systems. An owner or operator using a control 
system not identified in this section shall request that the applicable 
regulatory authority include the recommended parameters for monitoring 
in the facility's part 70 permit.



Sec. 63.849  Test methods and procedures.

    (a) The owner or operator shall use the following reference methods 
to determine compliance with the applicable emission limits for TF and 
POM emissions:
    (1) Method 1 in appendix A to part 60 of this chapter for sample and 
velocity traverses;
    (2) Method 2 in appendix A to part 60 of this chapter for velocity 
and volumetric flow rate;
    (3) Method 3 in appendix A to part 60 of this chapter for gas 
analysis;
    (4) Method 13A or Method 13B in appendix A to part 60 of this 
chapter, or an approved alternative, for the concentration of TF where 
stack or duct emissions are sampled;
    (5) Method 13A or Method 13B and Method 14 or Method 14A in appendix 
A to part 60 of this chapter or an approved alternative method for the 
concentration of TF where emissions are sampled from roof monitors not 
employing wet roof scrubbers;
    (6) Method 315 in appendix A to this part or an approved alternative 
method for the concentration of POM where stack or duct emissions are 
sampled; and
    (7) Method 315 in appendix A to this part and Method 14 in appendix 
A to part 60 of this chapter or an approved alternative method for the 
concentration of POM where emissions are sampled from roof monitors not 
employing wet roof scrubbers.

[[Page 1009]]

    (b) The owner or operator of a VSS potline or a SWPB potline 
equipped with wet roof scrubbers for the control of secondary emissions 
shall use methods that meet the intent of the sampling requirements of 
Method 14 in appendix A to part 60 of this chapter and that are approved 
by the State. Sample analysis shall be performed using Method 13A or 
Method 13B in appendix A to part 60 of this chapter for TF, Method 315 
in appendix A to this part for POM, or an approved alternative method.
    (c) Except as provided in Sec. 63.845(g)(1), references to 
``potroom'' or ``potroom group'' in Method 14 in appendix A to part 60 
of this chapter shall be interpreted as ``potline'' for the purposes of 
this subpart.
    (d) For sampling using Method 14 in appendix A to part 60 of this 
chapter, the owner or operator shall install one Method 14 manifold per 
potline in a potroom that is representative of the entire potline, and 
this manifold shall meet the installation requirements specified in 
section 2.2.1 of Method 14 in appendix A to part 60 of this chapter.
    (e) The owner or operator may use an alternative test method for TF 
or POM emissions providing:
    (1) The owner or operator has already demonstrated the equivalency 
of the alternative method for a specific plant and has received previous 
approval from the Administrator or the applicable regulatory authority 
for TF or POM measurements using the alternative method; or
    (2) The owner or operator demonstrates to the satisfaction of the 
applicable regulatory authority that the results from the alternative 
method meet the criteria specified in Secs. 63.848(d)(1) and (d)(3) 
through (d)(6). The results from the alternative method shall be based 
on simultaneous sampling using the alternative method and the following 
reference methods:
    (i) For TF, Methods 13 and 14 or Method 14A in appendix A to part 60 
of this chapter; or
    (ii) For POM, Method 315 in appendix A to this part and Method 14 in 
appendix A to part 60 of this chapter.



Sec. 63.850  Notification, reporting, and recordkeeping requirements.

    (a) Notifications. The owner or operator shall submit the following 
written notifications:
    (1) Notification for an area source that subsequently increases its 
emissions such that the source is a major source subject to the 
standard;
    (2) Notification that a source is subject to the standard, where the 
initial startup is before the effective date of the standard;
    (3) Notification that a source is subject to the standard, where the 
source is new or has been reconstructed, the initial startup is after 
the effective date of the standard, and for which an application for 
approval of construction or reconstruction is not required;
    (4) Notification of intention to construct a new major source or 
reconstruct a major source; of the date construction or reconstruction 
commenced; of the anticipated date of startup; of the actual date of 
startup, where the initial startup of a new or reconstructed source 
occurs after the effective date of the standard, and for which an 
application for approval of construction or reconstruction is required 
[see Secs. 63.9(b)(4) and (b)(5)];
    (5) Notification of initial performance test;
    (6) Notification of initial compliance status;
    (7) One-time notification for each affected source of the intent to 
use an HF continuous emission monitor; and
    (8) Notification of compliance approach. The owner or operator shall 
develop and submit to the applicable regulatory authority, if requested, 
an engineering plan that describes the techniques that will be used to 
address the capture efficiency of the reduction cells for gaseous 
hazardous air pollutants in compliance with the emission limits in 
Secs. 63.843, 63.844, and 63.846.
    (b) Performance test reports. The owner or operator shall report the 
results of the initial performance test as part of the notification of 
compliance status required in paragraph (a)(6) of this section. Except 
as provided in paragraph

[[Page 1010]]

(d) of this section, the owner or operator shall submit a summary of all 
subsequent performance tests to the applicable regulatory authority on 
an annual basis.
    (c) Startup, shutdown, and malfunction plan and reports. The owner 
or operator shall develop and implement a written plan as described in 
Sec. 63.6(e)(3) that contains specific procedures to be followed for 
operating the source and maintaining the source during periods of 
startup, shutdown, and malfunction and a program of corrective action 
for malfunctioning process and control systems used to comply with the 
standard. The plan does not have to be submitted with the permit 
appplication or included in the operating permit. The permitting 
authority may review the plan upon request. In addition to the 
information required in Sec. 63.6(e)(3), the plan shall include:
    (1) Procedures, including corrective actions, to be followed if a 
monitoring device measures an operating parameter outside the limit(s) 
established under Sec. 63.847(h), if visible emissions from an exhaust 
stack indicating abnormal operation of a control device are observed by 
the owner or operator during the daily inspection required in 
Sec. 63.848(g), or if a problem is detected during the daily inspection 
of a wet roof scrubber for potline secondary emission control required 
in Sec. 63.848(f)(5)(ii); and
    (2) The owner or operator shall also keep records of each event as 
required by Sec. 63.10(b) and record and report if an action taken 
during a startup, shutdown, or malfunction is not consistent with the 
procedures in the plan as described in Sec. 63.6(e)(3)(iv).
    (d) Excess emissions report. As required by Sec. 63.10(e)(3), the 
owner or operator shall submit a report (or a summary report) if 
measured emissions are in excess of the applicable standard. The report 
shall contain the information specified in Sec. 63.10(e)(3)(v) and be 
submitted semiannually unless quarterly reports are required as a result 
of excess emissions.
    (e) Recordkeeping. The owner or operator shall maintain files of all 
information (including all reports and notifications) required by 
Sec. 63.10(b) and by this subpart.
    (1) The owner or operator must retain each record for at least 5 
years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record. The most recent 2 years of records 
must be retained at the facility. The remaining 3 years of records may 
be retained offsite;
    (2) The owner or operator may retain records on microfilm, on a 
computer, on computer disks, on magnetic tape, or on microfiche;
    (3) The owner or operator may report required information on paper 
or on a labeled computer disc using commonly available and compatible 
computer software; and
    (4) In addition to the general records required by Sec. 63.10(b), 
the owner or operator shall maintain records of the following 
information:
    (i) Daily production rate of aluminum;
    (ii) Daily production rate of green anode material placed in the 
anode bake furnace;
    (iii) A copy of the startup, shutdown, and malfunction plan;
    (iv) Records of design information for paste production plant 
capture systems;
    (v) Records of design information for an alternative emission 
control device for a paste production plant;
    (vi) Records supporting the monitoring of similar potlines 
demonstrating that the performance of similar potlines is the same as or 
better than that of potlines sampled by manual methods;
    (vii) Records supporting a request for reduced sampling of potlines;
    (viii) Records supporting the correlation of emissions measured by a 
continuous emission monitoring system to emissions measured by manual 
methods and the derivation of the alternative emission limit derived 
from the measurements;
    (ix) The current implementation plan for emission averaging and any 
subsequent amendments;
    (x) Records, such as a checklist or the equivalent, demonstrating 
that the daily inspection of a potline with wet roof scrubbers for 
secondary emission control has been performed as required

[[Page 1011]]

in Sec. 63.848(f)(5)(ii), including the results of each inspection;
    (xi) Records, such as a checklist or the equivalent, demonstrating 
that the daily visual inspection of the exhaust stack for each control 
device has been performed as required in Sec. 63.848(g), including the 
results of each inspection;
    (xii) For a potline equipped with an HF continuous emission monitor, 
records of information and data required by Sec. 63.10(c);
    (xiii) Records documenting the corrective actions taken when the 
limit(s) for an operating parameter established under Sec. 63.847(h) 
were exceeded, when visible emissions indicating abnormal operation were 
observed from a control device stack during a daily inspection required 
under Sec. 63.848(g), or when a problem was detected during the daily 
inspection of a wet roof scrubber for potline secondary control required 
in Sec. 63.848(f)(5)(ii);
    (xiv) Records documenting any POM data that are invalidated due to 
the installation and startup of a cathode; and
    (xv) Records documenting the portion of TF that is measured as 
particulate matter and the portion that is measured as gaseous when the 
particulate and gaseous fractions are quantified separately using an 
approved test method.



Sec. 63.851  Regulatory authority review procedures.

    (a) The applicable regulatory authority shall notify the owner or 
operator in writing of the need for additional time to review the 
submissions in paragraphs (a)(1) through (a)(5) of this section or of 
approval or intent to deny approval of the submissions in paragraphs 
(a)(1) through (a)(5) of this section within 60 calendar days after 
receipt of sufficient information to evaluate the submission. The 60-day 
period begins after the owner or operator has been notified that the 
submission is complete.
    (1) The test plan in Sec. 63.847(b);
    (2) Request to change limits for operating parameters in 
Sec. 63.847(h)(3);
    (3) Request for similar potline monitoring in Sec. 63.848(d)(5);
    (4) Request for reduced sampling frequency in Sec. 63.848(e); and
    (5) Request for an alternative method in Sec. 63.849(e)(2).
    (b) The applicable regulatory authority shall notify the owner or 
operator in writing whether the submission is complete within 30 
calendar days of receipt of the original submission or within 30 days of 
receipt of any supplementary information that is submitted. When a 
submission is incomplete, the applicable regulatory authority shall 
specify the information needed to complete the submission and shall give 
the owner or operator 30 calendar days after receipt of the notification 
to provide the information.



Sec. 63.852  Applicability of general provisions.

    The requirements of the general provisions in subpart A of this part 
that are not applicable to the owner or operator subject to the 
requirements of this subpart are shown in appendix A of this subpart.



Sec. 63.853  Delegation of authority.

    In delegating implementation and enforcement authority to a State 
under section 112(d) of the Act, all authorities are transferred to the 
State.



Secs. 63.854-63.859  [Reserved]

                                             Table 1 To Subpart LL--Potline TF Limits for Emission Averaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Monthly TF limit (1b/ton)  [for given number of potlines]
                            Type                             -------------------------------------------------------------------------------------------
                                                                 2 lines      3 lines      4 lines      5 lines      6 lines      7 lines      8 lines
--------------------------------------------------------------------------------------------------------------------------------------------------------
CWPB1.......................................................           1.7          1.6          1.5          1.5          1.4          1.4          1.4
CWPB2.......................................................           2.9          2.8          2.7          2.7          2.6          2.6          2.6
CWPB3.......................................................           2.3          2.2          2.2          2.1          2.1          2.1          2.1
VSS1........................................................           2            1.9          1.8          1.7          1.7          1.7          1.7
VSS2........................................................           2.6          2.5          2.5          2.4          2.4          2.4          2.4
HSS.........................................................           2.5          2.4          2.4          2.3          2.3          2.3          2.3
SWPB........................................................           1.4          1.3          1.3          1.2          1.2          1.2          1.2
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 1012]]


                                            Table 2 to Subpart LL--Potline POM Limits for Emission Averaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Quarterly POM limit (lb/ton)  [for given number of potlines]
                             Type                             ------------------------------------------------------------------------------------------
                                                                 2 lines      3 lines      4 lines      5 lines      6 lines      7 lines      8 lines
--------------------------------------------------------------------------------------------------------------------------------------------------------
HSS..........................................................          4.1          3.8          3.7          3.5          3.5          3.4          3.3
VSS1.........................................................          2.1          2.0          1.9          1.9          1.8          1.8          1.8
VSS2.........................................................          3.2          3.0          2.9          2.9          2.8          2.8          2.7
--------------------------------------------------------------------------------------------------------------------------------------------------------


 Table 3 to Subpart LL--Anode Bake Furnace Limits for Emission Averaging
------------------------------------------------------------------------
                                               Emission limit (lb/ton of
                                                         anode)
              Number of furnaces              --------------------------
                                                    TF           POM
------------------------------------------------------------------------
2............................................         0.11          0.17
3............................................         0.090         0.17
4............................................         0.077         0.17
5............................................         0.070         0.17
------------------------------------------------------------------------


                          Appendix A to Subpart LL--Applicability of General Provisions
                                    [40 CFR part 63, subpart A to Subpart LL]
----------------------------------------------------------------------------------------------------------------
     General provisions citation            Requirement          Applies to subpart LL           Comment
----------------------------------------------------------------------------------------------------------------
63.1(c)(2)..........................  .......................  No......................  All are major sources.
63.2 Definition of                    .......................  No......................  Subpart LL defines
 ``reconstruction''.                                                                      ``reconstruction.''
63.6(c)(1)..........................  Compliance date for      No......................  Subpart LL specifies
                                       existing sources.                                  compliance date for
                                                                                          existing sources.
63.6(h).............................  Opacity/VE standards...  Only in Sec.  63.845....  Opacity standards
                                                                                          applicable only when
                                                                                          incorporating the NSPS
                                                                                          requirements under
                                                                                          Sec.  63.845.
63.8(c)(4)-(c)(8)...................  CMS operation and        No......................  Subpart LL does not
                                       maintenance.                                       require COMS/CMS or
                                                                                          CMS performance
                                                                                          specifications.
63.8(d).............................  Quality control........  No......................  Subpart LL does not
                                                                                          require CMS or CMS
                                                                                          performance
                                                                                          evaluation.
63.8(e).............................  Performance evaluation   No
                                       for CMS.
63.9(e).............................  Notification of          No......................  Subpart LL specifies
                                       performance test.                                  notification of
                                                                                          performance tests.
63.9(f).............................  Notification of VE or    Only in Sec.  63.845....  Notification is
                                       opacity test.                                      required only when
                                                                                          incorporating the NSPS
                                                                                          requirements under
                                                                                          Sec.  63.845.
63.9(g).............................  Additional CMS           No
                                       notification.
63.10(d)(2).........................  Performance test         No......................  Subpart LL specifies
                                       reports.                                           performance test
                                                                                          reporting.
63.10(d)(3).........................  Reporting VE/opacity     Only in Sec.  63.845....  Reporting is required
                                       observations.                                      only when
                                                                                          incorporating the NSPS
                                                                                          requirements under
                                                                                          Sec.  63.845.
63.10(e)(2).........................  Reporting performance    No......................  Subpart LL does not
                                       evaluations.                                       require performance
                                                                                          evaluation for CMS.
63.11(a)-(b)........................  Control device           No......................  Flares not applicable.
                                       requirements.
----------------------------------------------------------------------------------------------------------------



       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

[[Page 1013]]

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 to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors 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 
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.
    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.

[61 FR 34184, July 1, 1996, as amended at 64 FR 38985, July 20, 1999]



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. 
This section does not apply to a fixed-roof tank that is also equipped 
with an internal floating 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).
    (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.

[[Page 1014]]

    (3) Each opening in the fixed roof, and any manifold system 
associated with 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.

[61 FR 34184, July 1, 1996, as amended at 64 FR 38986, July 20, 1999]



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 associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure

[[Page 1015]]

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 a total organic concentration representative of the range of 
concentrations for the 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 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 or n-hexane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must 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) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (a)(9) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (a)(6) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (a)(9) of this section.
    (9) A potential leak interface is determined to operate with no 
detectable emissions using the applicable criteria specified in 
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft 
that passes through a cover opening, the potential leak interface is 
determined to operate with no detectable organic emissions if the 
organic concentration value determined in paragraph (a)(8) is less than 
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration value determined in 
paragraph (a)(8) is less than 10,000 ppmv.
    (b) [Reserved]

[64 FR 38986, July 20, 1999]

[[Page 1016]]



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 must perform an initial inspection 
following installation of the fixed roof. Thereafter, the owner or 
operator must perform the inspections at least once every calendar year 
except as provided for in paragraph (d) of this section.
    (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 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 alternative tank capacity becomes 
available and the tank can be emptied or temporarily removed from 
service, as necessary to complete the repair.
    (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.
    (d) Alternative inspection and monitoring interval. Following the 
initial inspection and monitoring of a fixed roof in accordance with 
this section, subsequent inspection and monitoring of the equipment may 
be performed at intervals longer than 1 year when an owner or operator 
determines that performing the required inspection or monitoring 
procedures would expose a worker to dangerous, hazardous, or otherwise 
unsafe conditions and the owner or operator complies with the 
requirements specified in paragraphs (d)(1) and (d)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant 
site written documentation identifying the specific air pollution 
control equipment designated as ``unsafe to inspect and monitor.'' The 
documentation must include for each piece of air pollution control 
equipment designated as such a written explanation of the reasons why 
the equipment is unsafe to inspect or monitor using the applicable 
procedures under this section.
    (2) The owner or operator must develop and implement a written plan 
and schedule to inspect and monitor the air pollution control equipment 
using the applicable procedures specified in this section during times 
when a worker can safely access the air pollution control equipment. The 
required inspections and monitoring must be performed as frequently as 
practicable but do not need to be performed more frequently than the 
periodic schedule that would be otherwise applicable to the air 
pollution control equipment under the provisions of this section. A copy 
of the written plan and schedule must be maintained at the plant site.

[61 FR 34184, July 1, 1996, as amended at 64 FR 38986, July 20, 1999]



Sec. 63.907  Recordkeeping requirements.

    (a) Each owner or operator shall prepare and maintain a record for 
each tank that includes the following information:

[[Page 1017]]

    (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: 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.
    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 to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors 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

[[Page 1018]]

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 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.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38987, July 20, 1999]



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.
    (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 1019]]

    (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 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

[[Page 1020]]

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:
    (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

[[Page 1021]]

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 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

[[Page 1022]]

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) Procedures 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 unit contains a material 
having a total organic concentration representative of the range of 
concentrations for the 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 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 or n-hexane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must be determined according to the procedures in Method 21 of 40 CFR 
part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument

[[Page 1023]]

probe inlet shall be placed at approximately the center of the exhaust 
area to the atmosphere.
    (8) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (a)(9) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (a)(6) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (a)(9) of this section.
    (9) A potential leak interface is determined to operate with no 
detectable emissions using the applicable criteria specified in 
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft 
that passes through a cover opening, the potential leak interface is 
determined to operate with no detectable organic emissions if the 
organic concentration value determined in paragraph (a)(8) is less than 
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration value determined in 
paragraph (a)(8) is less than 10,000 ppmv.
    (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.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38987, July 20, 1999]



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 
Sec. 63.922 and Sec. 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 as defined in 
Sec. 63.921 of this subpart) within 24 hours after the container has 
been accepted 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. This inspection of the container must be 
conducted on or before the date that the container is accepted at the 
facility (i.e., the date that the container becomes subject to the 
standards under this subpart). For the purpose of this requirement, the 
date of acceptance is the date of signature of the facility owner or 
operator on the manifest or shipping papers accompanying the container. 
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.

[[Page 1024]]

    (2) In the case when a container filled or partially filled with 
regulated-material remains unopened 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 calendar year, 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 must either empty the regulated-material 
from the defective container in accordance with paragraph (a)(3)(i) of 
this section or repair the defective container in accordance with 
paragraph (a)(3)(ii) of this section.
    (i) If the owner or operator elects to empty the regulated-material 
from the defective container, the owner or operator must remove the 
regulated-material from the defective container to meet the conditions 
for an empty container (as defined in Sec. 63.921 of this subpart) and 
transfer the removed regulated-material to either a container that meets 
the applicable standards under this subpart or to a tank, process, or 
treatment unit that meets the applicable standards under the subpart 
referencing this subpart. Transfer of the regulated-material must be 
completed no later than 5 calendar days after detection of the defect. 
The emptied defective container must be either repaired, destroyed, or 
used for purposes other than management of regulated-material.
    (ii) If the owner or operator elects not to empty the regulated-
material from the defective container, the owner or operator must repair 
the defective container. First efforts at repair of the defect must be 
made no later than 24 hours after detection and repair must 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 must be emptied from the container and the 
container must 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.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38988, July 20, 1999]



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]

[[Page 1025]]



    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 a device or system that provides a continuous barrier 
over the material managed in a surface impoundment to prevent or reduce 
air pollutant emissions to the atmosphere. A cover may have openings 
needed for operation, inspection, sampling, maintenance, and repair of 
the surface impoundment provided that each opening is closed when not in 
use (e.g., access hatches, sampling ports). Examples of a cover for a 
surface impoundment include, but are not limited to, a floating membrane 
cover placed on the surface of the material in the surface impoundment 
or an air-supported structure installed over the surface impoundment.
    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 to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors 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 
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.
    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

[[Page 1026]]

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.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38988, July 20, 1999]



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 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

[[Page 1027]]

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.
    (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

[[Page 1028]]

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 unit contains a material 
having a total organic concentration representative of the range of 
concentrations for the 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 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 or n-hexane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must 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) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (a)(9) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured

[[Page 1029]]

by the instrument and the background organic concentration value as 
determined in paragraph (a)(6) of this section is compared with the 
applicable value for the potential leak interface as specified in 
paragraph (a)(9) of this section.
    (9) A potential leak interface is determined to operate with no 
detectable emissions using the applicable criteria specified in 
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft 
that passes through a cover opening, the potential leak interface is 
determined to operate with no detectable organic emissions if the 
organic concentration value determined in paragraph (a)(8) is less than 
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration value determined in 
paragraph (a)(8) is less than 10,000 ppmv.
    (b) [Reserved]

[64 FR 38988, July 20, 1999]



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 must perform an initial inspection 
following installation of the floating membrane cover. Thereafter, the 
owner or operator must perform the inspections at least once per 
calendar year except as provided for in paragraph (d) of this section.
    (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 must perform an initial inspection 
following installation of the cover. Thereafter, the owner or operator 
must perform the inspections at least once per calendar year except as 
provide for in paragraph (d) of this section.
    (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:

[[Page 1030]]

    (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 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.
    (d) Alternative inspection and monitoring interval. Following the 
initial inspection and monitoring of a piece of air pollution control 
equipment in accordance with the applicable provisions of this section, 
subsequent inspection and monitoring of the equipment may be performed 
at intervals longer than 1 year when an owner or operator determines 
that performing the required inspection or monitoring procedures would 
expose a worker to dangerous, hazardous, or otherwise unsafe conditions 
and the owner or operator complies with the requirements specified in 
paragraphs (d)(1) and (d)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant 
site written documentation identifying the specific air pollution 
control equipment designated as ``unsafe to inspect and monitor.'' The 
documentation must include for each piece of air pollution control 
equipment designated as such a written explanation of the reasons why 
the equipment is unsafe to inspect or monitor using the applicable 
procedures under this section.
    (2) The owner or operator must develop and implement a written plan 
and schedule to inspect and monitor the air pollution control equipment 
using the applicable procedures specified in this section during times 
when a worker can safely access the air pollution control equipment. The 
required inspections and monitoring must be performed as frequently as 
practicable but do not need to be performed more frequently than the 
periodic schedule that would be otherwise applicable to the air 
pollution control equipment under the provisions of this section. A copy 
of the written plan and schedule must be maintained at the plant site.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38989, July 20, 1999]



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--

[[Page 1031]]

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 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 
regulated-material 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 regulated-material. 
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.
    Regulated-material means the wastewater streams, residuals, and any 
other materials specified by the referencing subpart to be managed in 
accordance with the standards under this subpart.
    Sewer line means a lateral, trunk line, branch line, or other 
conduit used to convey regulated-material 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 regulated-material. 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

[[Page 1032]]

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.

[61 FR 34193, July 1, 1996, as amended at 64 FR 38989, July 20, 1999]



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 regulated material 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 regulated-material 
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 regulated material and the drain.
    (ii) When a closure device is used (e.g., securing a cap or plug on 
a drain that is not receiving regulated-material), 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 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

[[Page 1033]]

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 centimeters in nominal 
inside 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 regulated-material 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.

[61 FR 34193, July 1, 1996, as amended at 64 FR 38990, July 20, 1999]



Sec. 63.963  [Reserved]



Sec. 63.964  Inspection and monitoring requirements.

    (a) The owner or operator shall inspect the individual drain system 
in accordance with the following requirements:
    (1) The individual drain system shall be visually inspected by the 
owner or operator as follows to check for defects that could result in 
air emissions to the atmosphere.
    (i) The owner or operator shall visually inspect each drain as 
follows:
    (A) In the case when the drain is using a water seal to control air 
emissions, the owner or operator shall verify appropriate liquid levels 
are being maintained and identify any other defects that could reduce 
water seal control effectiveness.
    (B) In the case when the drain is using a closure device to control 
air emissions, the owner or operator shall visually inspect each drain 
to verify that the closure device is in place and there are no defects. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in the closure devices; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing plugs, caps, or other 
closure devices.
    (ii) The owner or operator shall visually inspect each junction box 
to verify that closure devices are in place and there are no defects. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in the closure devices; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (iii) The owner or operator shall visually inspect the unburied 
portion of

[[Page 1034]]

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 
regulated-material normally managed in the individual drain system. 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 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.

[61 FR 34193, July 1, 1996, as amended at 64 FR 38990, July 20, 1999]



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 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 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 subpart DD--National Emission Standards for Hazardous Air 
Pollutant Standards from Off-Site Waste and Recovery Operations.

[61 FR 34193, July 1, 1996, as amended at 64 FR 38991, July 20, 1999]



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 of this subpart 
shall prepare and submit to the Administrator the reports required for 
closed-vent systems and control devices in accordance

[[Page 1035]]

with the requirements of Sec. 63.693 in subpart DD--National Emission 
Standards for Hazardous Air Pollutant Standards from Off-Site Waste and 
Recovery Operations.

[64 FR 38991, July 20, 1999]



Subpart SS--National Emission Standards for Closed Vent Systems, Control 
 Devices, Recovery Devices and Routing to a Fuel Gas System or a Process

    Source: 64 FR 34866, June 29, 1999, unless otherwise noted.



Sec. 63.980  Applicability.

    The provisions of this subpart include requirements for closed vent 
systems, control devices and routing of air emissions to a fuel gas 
system or process. These provisions apply when another subpart 
references the use of this subpart for such air emission control. These 
air emission standards are placed here for administrative convenience 
and only apply to those owners and operators of facilities subject to a 
referencing subpart. The provisions of 40 CFR part 63, subpart A 
(General Provisions) do not apply to this subpart except as specified in 
a referencing subpart.



Sec. 63.981  Definitions.

    Alternative test method means any method of sampling and analyzing 
for an air pollutant that is not a reference test or equivalent method, 
and that has been demonstrated to the Administrator's satisfaction, 
using Method 301 in appendix A of this part 63, or previously approved 
by the Administrator prior to the promulgation date of standards for an 
affected source or affected facility under a referencing subpart, to 
produce results adequate for the Administrator's determination that it 
may be used in place of a test method specified in this subpart.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    By compound means by individual stream components, not carbon 
equivalents.
    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. Closed vent system does not include the vapor 
collection system that is part of any tank truck or railcar.
    Closed vent system 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 closed vent system or part of a closed vent system consistent 
with safety constraints and during which repairs can be effected. An 
unscheduled work practice or operational procedure that stops production 
from a process unit or part of a process unit for less than 24 hours is 
not a closed vent system 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 closed vent system or part of the closed vent 
system of materials and start up the unit, and would result in greater 
emissions than delay of repair of leaking components until the next 
scheduled closed vent system shutdown, is not a closed vent system 
shutdown. The use of spare equipment and technically feasible bypassing 
of equipment without stopping production are not closed vent system 
shutdowns.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic emissions.
    Continuous parameter monitoring system (CPMS) 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.
    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. 63.998(b).

[[Page 1036]]

    Control device means, with the exceptions noted below, a combustion 
device, recovery device, recapture device, or any combination of these 
devices used to comply with this subpart or a referencing subpart. For 
process vents from continuous unit operations at affected sources in 
subcategories where the applicability criteria includes a TRE index 
value, recovery devices are not considered to be control devices. 
Primary condensers on steam strippers or fuel gas systems are not 
considered to be control devices.
    Control System means the combination of the closed vent system and 
the control devices used to collect and control vapors or gases from a 
regulated emission source.
    Day means a calendar day.
    Ductwork 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.
    Final recovery device means the last recovery device on a process 
vent stream from a continuous unit operation at an affected source in a 
subcategory where the applicability criteria includes a TRE index value. 
The final recovery device usually discharges to a combustion device, 
recapture device, or directly to the atmosphere.
    First attempt at repair, for the purposes of this subpart, 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. 63.983(c) to verify whether the leak is repaired, unless the owner 
or operator determines by other means that the leak is not repaired.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    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 flow and 
pressure control system that gathers gaseous streams generated by onsite 
operations, may blend them with other sources of gas, and transports the 
gaseous streams for use as fuel gas in combustion devices or 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 judgment and standards, such as ANSI 
B31.3.
    High throughput transfer rack means those transfer racks that 
transfer a total of 11.8 million liters per year or greater of liquid 
containing regulated material.
    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.
    Low throughput transfer rack means those transfer racks that 
transfer less than a total of 11.8 million liters per year of liquid 
containing regulated material.
    Operating parameter value means a minimum or maximum value 
established for a control device 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 limit or operating limit.
    Organic monitoring device means a unit of equipment used to indicate 
the concentration level of organic compounds based on a detection 
principle such as infra-red, photo ionization, or thermal conductivity.
    Owner or operator means any person who owns, leases, operates, 
controls, or

[[Page 1037]]

supervises a regulated source or a stationary source of which a 
regulated source is a part.
    Performance level means the level at which the regulated material in 
the gases or vapors vented to a control or recovery device is removed, 
recovered, or destroyed. Examples of control device performance levels 
include: achieving a minimum organic reduction efficiency expressed as a 
percentage of regulated material removed or destroyed in the control 
device inlet stream on a weight-basis; achieving an organic 
concentration in the control device exhaust stream that is less than a 
maximum allowable limit expressed in parts per million by volume on a 
dry basis corrected to 3 percent oxygen if a combustion device is the 
control device and supplemental combustion air is used to combust the 
emissions; or maintaining appropriate control device operating 
parameters indicative of the device performance at specified values.
    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 limit as specified in 
the performance test section of this subpart or in the referencing 
subpart.
    Primary fuel means the fuel that provides the principal heat input 
to a 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 transfers 
heat liberated by burning fuel directly to process streams or to heat 
transfer liquids other than water. A process heater may, as a secondary 
function, heat water in unfired heat recovery sections.
    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. For purposes of 
the monitoring, recordkeeping and reporting requirements of this 
subpart, recapture devices are considered recovery devices.
    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.
    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.
    Referencing subpart means the subpart which refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this subpart, refers to vapors 
from volatile organic liquids (VOL), volatile organic compounds (VOC), 
or hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by a referencing subpart.
    Regulated source for the purposes of this subpart, 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 a referencing subpart.
    Repaired, for the purposes of this subpart, means that equipment; is 
adjusted, or otherwise altered, to eliminate a leak as defined in the 
applicable sections of this subpart; and unless otherwise specified in 
applicable provisions of this subpart, is inspected as specified in 
Sec. 63.983(c) to verify that emissions from the equipment are below the 
applicable leak definition.
    Routed to a process or route to a process means the gas streams are 
conveyed to any enclosed portion of a process unit where the emissions 
are recycled and/or consumed in the same manner as a material that 
fulfills the same function in the process; and/or transformed by

[[Page 1038]]

chemical reaction into materials that are not regulated materials; and/
or incorporated into a product; and/or recovered.
    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 subpart. Unless otherwise specified, a run may be 
either intermittent or continuous within the limits of good engineering 
practice.
    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.
    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.
    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.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having a minimum accuracy of 1 
percent of the temperature being monitored expressed in degrees Celsius 
or 1.2 degrees Celsius ( deg.C), whichever is greater.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.982  Requirements.

    (a) General compliance requirements for storage vessels, process 
vents, transfer racks, and equipment leaks. An owner or operator who is 
referred to this subpart for controlling regulated material emissions 
from storage vessels, process vents, low and high throughput transfer 
racks, or equipment leaks by venting emissions through a closed vent 
system to a flare, nonflare control device or routing to a fuel gas 
system or process shall comply with the applicable requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) Storage vessels. The owner or operator shall comply with the 
applicable provisions of paragraphs (b), (c)(1), and (d) of this 
section.
    (2) Process vents. The owner or operator shall comply with the 
applicable provisions of paragraphs (b), (c)(2), and (e) of this 
section.
    (3) Transfer racks. (i) For low throughput transfer racks, the owner 
or operator shall comply with the applicable provisions of paragraphs 
(b), (c)(1), and (d) of this section.
    (ii) For high throughput transfer racks, the owner or operator shall 
comply with the applicable provisions of paragraphs (b), (c)(2), and (d) 
of this section.
    (4) Equipment leaks. The owner or operator shall comply with the 
applicable provisions of paragraphs (b), (c)(3), and (d) of this 
section.
    (b) Closed vent system and flare. Owners or operators that vent 
emissions through a closed vent system to a flare shall meet the 
requirements in Sec. 63.983 for closed vent systems; Sec. 63.987 for 
flares; Sec. 63.997 (a), (b) and (c) for provisions regarding flare 
compliance assessments; the monitoring, recordkeeping, and reporting 
requirements referenced therein; and the applicable recordkeeping and 
reporting requirements of Secs. 63.998 and 63.999. No other provisions 
of this subpart apply to emissions vented through a closed vent system 
to a flare.
    (c) Closed vent system and nonflare control device. Owners or 
operators who control emissions through a closed vent system to a 
nonflare control device shall meet the requirements in Sec. 63.983 for 
closed vent systems, the applicable recordkeeping and reporting 
requirements of Secs. 63.998 and 63.999, and the applicable requirements 
listed in paragraphs (c)(1) through (3) of this section.
    (1) For storage vessels and low throughput transfer racks, the owner 
or operator shall meet the requirements in Sec. 63.985 for nonflare 
control devices and the monitoring, recordkeeping, and reporting 
requirements referenced therein. No other provisions of this subpart 
apply to low throughput transfer rack emissions or storage vessel 
emissions vented through a closed vent system to a nonflare control 
device unless specifically required in the monitoring plan submitted 
under Sec. 63.985(c).
    (2) For process vents and high throughput transfer racks, the owner

[[Page 1039]]

or operator shall meet the requirements applicable to the control 
devices being used in Sec. 63.988, Sec. 63.990 or Sec. 63.995; the 
applicable general monitoring requirements of Sec. 63.996 and the 
applicable performance test requirements and procedures of Sec. 63.997; 
and the monitoring, recordkeeping and reporting requirements referenced 
therein. Owners or operators subject to halogen reduction device 
requirements under a referencing subpart must also comply with 
Sec. 63.994 and the monitoring, recordkeeping, and reporting 
requirements referenced therein. The requirements of Sec. 63.984 through 
Sec. 63.986 do not apply to process vents or high throughput transfer 
racks.
    (3) For equipment leaks, owners or operators shall meet the 
requirements in Sec. 63.986 for nonflare control devices used for 
equipment leak emissions and the monitoring, recordkeeping, and 
reporting requirements referenced therein. No other provisions of this 
subpart apply to equipment leak emissions vented through a closed vent 
system to a nonflare control device.
    (d) Route to a fuel gas system or process. Owners or operators that 
route emissions to a fuel gas system or to a process shall meet the 
requirements in Sec. 63.984, the monitoring, recordkeeping, and 
reporting requirements referenced therein, and the applicable 
recordkeeping and reporting requirements of Secs. 63.998 and 63.999. No 
other provisions of this subpart apply to emissions being routed to a 
fuel gas system or process.
    (e) Final recovery devices. Owners or operators who use a final 
recovery device to maintain a TRE above a level specified in a 
referencing subpart shall meet the requirements in Sec. 63.993 and the 
monitoring, recordkeeping, and reporting requirements referenced therein 
that are applicable to the recovery device being used; the applicable 
monitoring requirements in Sec. 63.996 and the recordkeeping and 
reporting requirements referenced therein; and the applicable 
recordkeeping and reporting requirements of Secs. 63.998 and 63.999. No 
other provisions of this subpart apply to process vent emissions routed 
to a final recovery device.
    (f) Combined emissions. When emissions from different emission types 
(e.g., emissions from process vents, transfer racks, and/or storage 
vessels) are combined, an owner or operator shall comply with the 
requirements of either paragraph (f)(1) or (2) of this section.
    (1) Comply with the applicable requirements of this subpart for each 
kind of emissions in the stream (e.g., the requirements of paragraph 
(a)(2) of this section for process vents, and the requirements of 
paragraph (a)(3) of this section for transfer racks); or
    (2) Comply with the first set of requirements identified in 
paragraphs (f)(2)(i) through (iii) of this section which applies to any 
individual emission stream that is included in the combined stream. 
Compliance with paragraphs (f)(2)(i) through (iii) of this section 
constitutes compliance with all other emissions requirements for other 
emission streams.
    (i) The requirements of Sec. 63.982(a)(2) for process vents, 
including applicable monitoring, recordkeeping, and reporting;
    (ii) The requirements of Sec. 63.982(a)(3)(ii) for high throughput 
transfer racks, including applicable monitoring, recordkeeping, and 
reporting;
    (iii) The requirements of Sec. 63.982(a)(1) or (a)(3)(i) for control 
of emissions from storage vessels or low throughput transfer racks, 
including applicable monitoring, recordkeeping, and reporting.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.983  Closed vent systems.

    (a) Closed vent system equipment and operating requirements. Except 
for closed vent systems operated and maintained under negative pressure, 
the provisions of this paragraph apply to closed vent systems collecting 
regulated material from a regulated source.
    (1) Collection of emissions. Each closed vent system shall be 
designed and operated to collect the regulated material vapors from the 
emission point, and to route the collected vapors to a control device.
    (2) Period of operation. Closed vent systems used to comply with the 
provisions of this subpart shall be operated

[[Page 1040]]

at all times when emissions are vented to, or collected by, them.
    (3) Bypass monitoring. Except for equipment needed for safety 
purposes such as pressure relief devices, low leg drains, high point 
bleeds, analyzer vents, and open-ended valves or lines, the owner or 
operator shall comply with the provisions of either paragraphs (a)(3)(i) 
or (ii) of this section for each closed vent system that contains bypass 
lines that could divert a vent stream to the atmosphere.
    (i) 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. 63.998(d)(1)(ii)(A). The flow indicator 
shall be installed at the entrance to any bypass line.
    (ii) 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. Records 
shall be generated as specified in Sec. 63.998(d)(1)(ii)(B).
    (4) Loading arms at transfer racks. Each closed vent system 
collecting regulated material from a transfer rack shall be designed and 
operated so that regulated material vapors collected at one loading arm 
will not pass through another loading arm in the rack to the atmosphere.
    (5) Pressure relief devices in a transfer rack's closed vent system. 
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 closed vent system shall open to the atmosphere during loading. 
Pressure relief devices needed for safety purposes are not subject to 
this paragraph.
    (b) Closed vent system inspection requirements. The provisions of 
this subpart apply to closed vent systems collecting regulated material 
from a regulated source. Inspection records shall be generated as 
specified in Sec. 63.998(d)(1)(iii) and (iv) of this section.
    (1) Except for any closed vent systems that are designated as unsafe 
or difficult to inspect as provided in paragraphs (b)(2) and (3) of this 
section, each closed vent system shall be inspected as specified in 
paragraph (b)(1)(i) or (ii) of this section.
    (i) If the closed vent system is constructed of hard-piping, the 
owner or operator shall comply with the requirements specified in 
paragraphs (b)(1)(i)(A) and (B) of this section.
    (A) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section; and
    (B) Conduct annual inspections for visible, audible, or olfactory 
indications of leaks.
    (ii) If the closed vent system is constructed of ductwork, the owner 
or operator shall conduct an initial and annual inspection according to 
the procedures in paragraph (c) of this section.
    (2) Any parts of the closed vent system that are designated, as 
described in Sec. 63.998(d)(1)(i), as unsafe to inspect are exempt from 
the inspection requirements of paragraph (b)(1) of this section if the 
conditions of paragraphs (b)(2)(i) and (ii) of this section are met.
    (i) 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 (b)(1) 
of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practical during safe-to-
inspect times. Inspection is not required more than once annually.
    (3) Any parts of the closed vent system that are designated, as 
described in Sec. 63.998(d)(1)(i), as difficult-to-inspect are exempt 
from the inspection requirements of paragraph (b)(1) of this section if 
the provisions of paragraphs (b)(3)(i) and (ii) of this section apply.
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
(7 feet) above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (c) Closed vent system inspection procedures. The provisions of this 
paragraph apply to closed vent systems collecting

[[Page 1041]]

regulated material from a regulated source.
    (1) Each closed vent system subject to this paragraph shall be 
inspected according to the procedures specified in paragraphs (c)(1)(i) 
through (vii) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A, except as specified in this section.
    (ii) Except as provided in (c)(1)(iii) 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 must be for the representative 
composition of the process fluid and not of each individual VOC in the 
stream. For process streams that contain nitrogen, air, water, or other 
inerts that are not organic HAP or VOC, the representative stream 
response factor must be determined on an inert-free basis. The response 
factor may be determined at any concentration for which the monitoring 
for leaks will be conducted.
    (iii) If no instrument is available at the plant site that will meet 
the performance criteria of Method 21 specified in paragraph (c)(1)(ii) 
of this section, the instrument readings may be adjusted by multiplying 
by the representative response factor of the process fluid, calculated 
on an inert-free basis as described in paragraph (c)(1)(ii) of this 
section.
    (iv) 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.
    (v) Calibration gases shall be as specified in paragraphs 
(c)(1)(v)(A) through (C) of this section.
    (A) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million. 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 (c)(1)(ii) 
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.
    (C) If the detection instrument's design allows for multiple 
calibration scales, then the lower scale shall be calibrated with a 
calibration gas that is no higher than 2,500 parts per million.
    (vi) An owner or operator may elect to adjust or not adjust 
instrument readings for background. If an owner or operator elects not 
to adjust readings for background, all such instrument readings shall be 
compared directly to 500 parts per million 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 this section. The owner or operator shall 
subtract the background reading from the maximum concentration indicated 
by the instrument.
    (vii) If the owner or operator elects to adjust for background, 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 whether there is a leak.
    (2) The instrument probe shall be traversed around all potential 
leak interfaces as described in Method 21 of 40 CFR part 60, appendix A.
    (3) Except as provided in paragraph (c)(4) of this section, 
inspections shall be performed when the equipment is in regulated 
material service, or in use with any other detectable gas or vapor.
    (4) Inspections of the closed vent system collecting regulated 
material from a transfer rack shall be performed only while a tank truck 
or railcar is being loaded or is otherwise pressurized to normal 
operating conditions with regulated material or any other detectable gas 
or vapor.
    (d) Closed vent system leak repair provisions. The provisions of 
this paragraph apply to closed vent systems collecting regulated 
material from a regulated source.
    (1) If there are visible, audible, or olfactory indications of leaks 
at the time of the annual visual inspections required by paragraph 
(b)(1)(i)(B) of this section, the owner or operator shall follow the 
procedure specified in either

[[Page 1042]]

paragraph (d)(1)(i) or (ii) of this section.
    (i) The owner or operator shall eliminate the leak.
    (ii) The owner or operator shall monitor the equipment according to 
the procedures in paragraph (c) of this section.
    (2) Leaks, as indicated by an instrument reading greater than 500 
parts per million by volume above background or by visual inspections, 
shall be repaired as soon as practical, except as provided in paragraph 
(d)(3) of this section. Records shall be generated as specified in 
Sec. 63.998(d)(1)(iii) when a leak is detected.
    (i) A first attempt at repair shall be made no later than 5 days 
after the leak is detected.
    (ii) Except as provided in paragraph (d)(3) of this section, repairs 
shall be completed no later than 15 days after the leak is detected or 
at the beginning of the next introduction of vapors to the system, 
whichever is later.
    (3) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if repair within 15 days after a leak is 
detected is technically infeasible or unsafe without a closed vent 
system shutdown, as defined in Sec. 63.981, or if the owner or operator 
determines that emissions resulting from immediate repair would be 
greater than the emissions likely to result from delay of repair. Repair 
of such equipment shall be completed as soon as practical, but not later 
than the end of the next closed vent system shutdown.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.984  Fuel gas systems and processes to which storage vessel, transfer rack, or equipment leak regulated material emissions are routed.

    (a) Equipment and operating requirements for fuel gas systems and 
processes. (1) Except during periods of start-up, shutdown and 
malfunction as specified in the referencing subpart, the fuel gas system 
or process shall be operating at all times when regulated material 
emissions are routed to it.
    (2) 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 system returning vapors to a fuel gas system or 
process shall open to the atmosphere during loading. Pressure relief 
devices needed for safety purposes are not subject to this paragraph.
    (b) Fuel gas system and process compliance assessment. (1) If 
emissions are routed to a fuel gas system, there is no requirement to 
conduct a performance test or design evaluation.
    (2) If emissions are routed to a process, the regulated material in 
the emissions shall meet one or more of the conditions specified in 
paragraphs (b)(2)(i) through (iv) of this section. The owner or operator 
of storage vessels subject to this paragraph shall comply with the 
compliance demonstration requirements in paragraph (b)(3) 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 
regulated materials;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (3) To demonstrate compliance with paragraph (b)(2) of this section 
for a storage vessel, the owner or operator shall prepare a design 
evaluation (or engineering assessment) that demonstrates the extent to 
which one or more of the conditions specified in paragraphs (b)(2)(i) 
through (iv) of this section are being met.
    (c) Statement of connection. For storage vessels and transfer racks, 
the owner or operator shall submit the statement of connection reports 
for fuel gas systems specified in Sec. 63.999(b)(1)(ii), as appropriate.



Sec. 63.985  Nonflare control devices used to control emissions from storage vessels and low throughput transfer racks.

    (a) Nonflare control device equipment and operating requirements. 
The owner or operator shall operate and maintain the nonflare control 
device so that the monitored parameters defined as required in paragraph 
(c) of this section remain within the ranges specified in the 
Notification of Compliance Status

[[Page 1043]]

whenever emissions of regulated material are routed to the control 
device except during periods of start-up, shutdown, and malfunction as 
specified in the referencing subpart.
    (b) Nonflare control device design evaluation or performance test 
requirements. When using a control device other than a flare, the owner 
or operator shall comply with the requirements in paragraphs (b)(1)(i) 
or (ii) of this section, except as provided in paragraphs (b)(2) and (3) 
of this section.
    (1) Design evaluation or performance test results. The owner or 
operator shall prepare and submit with the Notification of Compliance 
Status, as specified in Sec. 63.999(b)(2), either a design evaluation 
that includes the information specified in paragraph (b)(1)(i) of this 
section, or the results of the performance test as described in 
paragraph (b)(1)(ii) of this section.
    (i) Design evaluation. The design evaluation shall include 
documentation demonstrating that the control device being used achieves 
the required control efficiency during the reasonably expected maximum 
storage vessel filling or transfer loading rate. This documentation is 
to include a description of the gas stream that enters the control 
device, including flow and regulated material content, and the 
information specified in paragraphs (b)(1)(i)(A) through (E) of this 
section, as applicable. For storage vessels, the description of the gas 
stream that enters the control device shall be provided for varying 
liquid level conditions. This documentation shall be submitted with the 
Notification of Compliance Status as specified in Sec. 63.999(b)(2).
    (A) The efficiency determination 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 
an emission reduction requirement specified in a referencing subpart for 
storage vessels and transfer racks, documentation that those conditions 
exist is sufficient to meet the requirements of paragraph (b)(1)(i) of 
this section.
    (C) Except as provided in paragraph (b)(1)(i)(B) of this section for 
enclosed combustion devices, the design evaluation shall include the 
estimated autoignition temperature of the stream being combusted, the 
flow rate of the stream, the combustion temperature, and the residence 
time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
estimated affinity of the regulated material vapors for carbon, the 
amount of carbon in each bed, the number of beds, the humidity, the 
temperature, the flow rate of the inlet stream and, if applicable, 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 stream vapors, the type of condenser, and the design 
flow rate of the emission stream.
    (ii) Performance test. A performance test, whether conducted to meet 
the requirements of this section, or to demonstrate compliance for a 
process vent or high throughput transfer rack as required by 
Secs. 63.988(b), 63.990(b), or 63.995(b), is acceptable to demonstrate 
compliance with emission reduction requirements for storage vessels and 
transfer racks. The owner or operator is not required to prepare a 
design evaluation for the control device as described in paragraph 
(b)(1)(i) of this section if a performance test will be performed that 
meets the criteria specified in paragraphs (b)(1)(ii)(A) and (B) of this 
section.
    (A) The performance test will demonstrate that the control device 
achieves greater than or equal to the required control device 
performance level specified in a referencing subpart for storage vessels 
or transfer racks; and
    (B) The performance test meets the applicable performance test 
requirements and the results are submitted as part of the Notification 
of Compliance Status as specified in Sec. 63.999(b)(2).
    (2) Exceptions. A design evaluation or performance test is not 
required if the owner or operator uses a combustion device meeting the 
criteria in paragraph (b)(2)(i), (ii), (iii), or (iv) of this section.

[[Page 1044]]

    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater.
    (ii) A boiler or process heater burning hazardous waste for which 
the owner or operator meets the requirements specified in paragraph 
(b)(2)(ii)(A) or (B) of this section.
    (A) The boiler or process heater 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) The boiler or process heater 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 
meets the requirements specified in paragraph (b)(2)(iii)(A) or (B) of 
this section.
    (A) The incinerator has been issued a final permit under 40 CFR part 
270 and complies with the requirements of 40 CFR part 264, subpart O; or
    (B) The incinerator has certified compliance with the interim status 
requirements of 40 CFR part 265, subpart O; or
    (iv) A boiler or process heater into which the vent stream is 
introduced with the primary fuel.
    (3) Prior design evaluations or performance tests. If a design 
evaluation or performance test is required in the referencing subpart or 
was previously conducted and submitted for a storage vessel or low 
throughput transfer rack, then a performance test or design evaluation 
is not required.
    (c) Nonflare control device monitoring requirements. (1) The owner 
or operator shall submit with the Notification of Compliance Status, a 
monitoring plan containing the information specified in 
Sec. 63.999(b)(2)(i) and (ii) to identify the parameters that will be 
monitored to assure proper operation of the control device.
    (2) The owner or operator shall monitor the parameters specified in 
the Notification of Compliance Status or in the operating permit 
application or amendment. Records shall be generated as specified in 
Sec. 63.998(d)(2)(i).



Sec. 63.986  Nonflare control devices used for equipment leaks only.

    (a) Equipment and operating requirements. (1) Owners or operators 
using a nonflare control device to meet the applicable requirements of a 
referencing subpart for equipment leaks shall meet the requirements of 
this section.
    (2) Control devices used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Performance test requirements. A performance test is not 
required for any nonflare control device used only to control emissions 
from equipment leaks.
    (c) Monitoring requirements. Owners or operators of control devices 
that are used to comply only with the provisions of a referencing 
subpart for control of equipment leak emissions shall monitor these 
control devices to ensure that they are operated and maintained in 
conformance with their design. The owner or operator shall maintain the 
records as specified in Sec. 63.998(d)(4).



Sec. 63.987  Flare requirements.

    (a) Flare equipment and operating requirements. Flares subject to 
this subpart shall meet the performance requirements in 40 CFR 63.11(b) 
(General Provisions).
    (b) Flare compliance assessment. (1) The owner or operator shall 
conduct an initial flare compliance assessment of any flare used to 
comply with the provisions of this subpart. Flare compliance assessment 
records shall be kept as specified in Sec. 63.998(a)(1) and a flare 
compliance assessment report shall be submitted as specified in 
Sec. 63.999(a)(2). An owner or operator is not required to conduct a 
performance test to determine percent emission reduction or outlet 
regulated material or total organic compound concentration when a flare 
is used.
    (2) [Reserved]
    (3) Flare compliance assessments shall meet the requirements 
specified in paragraphs (b)(3)(i) through (iv) of this section.
    (i) Method 22 of appendix A of part 60 shall be used to determine 
the compliance of flares with the visible emission

[[Page 1045]]

provisions of this subpart. The observation period is 2 hours, except 
for transfer racks as provided in (b)(3)(i)(A) or (B) of this section.
    (A) For transfer racks, if the loading cycle is less than 2 hours, 
then the observation period for that run shall be for the entire loading 
cycle.
    (B) For transfer racks, if additional loading cycles are initiated 
within the 2-hour period, then visible emissions observations shall be 
conducted for the additional cycles.
    (ii) The net heating value of the gas being combusted in a flare 
shall be calculated using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.000

Where:

HT = Net heating value of the sample, megajoules per standard 
          cubic meter; where the net enthalpy per mole of offgas is 
          based on combustion at 25  deg.C and 760 millimeters of 
          mercury (30 inches of mercury), but the standard temperature 
          for determining the volume corresponding to one mole is 20 
          deg.C;
K1 = 1.740  x  10-7 (parts per million by 
          volume)-1 (gram-mole per standard cubic meter) 
          (megajoules per kilocalories), where the standard temperature 
          for gram mole per standard cubic meter is 20  deg.C;
n = number of sample components;
Dj = Concentration of sample component j, in parts per 
          million by volume on a wet basis, as measured for organics by 
          Method 18 of part 60, appendix A and measured for hydrogen and 
          carbon monoxide by American Society for Testing and Materials 
          (ASTM) D1946-90; and
Hj = Net heat of combustion of sample component j, 
          kilocalories per gram mole at 25  deg.C and 760 millimeters of 
          mercury (30 inches of mercury).

    (iii) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flowrate (in units of standard temperature and 
pressure), as determined by Methods 2, 2A, 2C, or 2D of 40 CFR part 60, 
appendix A as appropriate; by the unobstructed (free) cross sectional 
area of the flare tip.
    (iv) Flare flame or pilot monitors, as applicable, shall be operated 
during any flare compliance assessment.
    (c) Flare monitoring requirements. 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 that at least one pilot flame or the 
flare flame is present. Flare flame monitoring and compliance records 
shall be kept as specified in Sec. 63.998(a)(1) and reported as 
specified in Sec. 63.999(a).

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.988  Incinerators, boilers, and process heaters.

    (a) Equipment and operating requirements. (1) Owners or operators 
using incinerators, boilers, or process heaters to meet a weight-percent 
emission reduction or parts per million by volume outlet concentration 
requirement specified in a referencing subpart shall meet the 
requirements of this section.
    (2) Incinerators, boilers, or process heaters used to comply with 
the provisions of a referencing subpart and this subpart shall be 
operated at all times when emissions are vented to them.
    (3) For boilers and process heaters, the vent stream shall be 
introduced into the flame zone of the boiler or process heater.
    (b) Performance test requirements. (1) Except as specified in 
Sec. 63.997(b), and paragraph (b)(2) of this section, the owner or 
operator shall conduct an initial performance test of any incinerator, 
boiler, or process heater used to comply with the provisions of a 
referencing subpart and this subpart according to the procedures in 
Sec. 63.997. Performance test records shall be kept as specified in 
Sec. 63.998(a)(2) and a performance test report shall be submitted as 
specified in Sec. 63.999(a)(2). As provided in Sec. 63.985(b)(1), a 
design evaluation may be used as an alternative to the performance test 
for storage vessels and low throughput transfer rack controls. As 
provided in Sec. 63.986(b), no performance test is required for 
equipment leaks.
    (2) An owner or operator is not required to conduct a performance 
test when any of the control devices specified in paragraphs (b)(2)(i) 
through (iv) of this section are used.
    (i) 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

[[Page 1046]]

of 40 CFR part 264, subpart O, or has certified compliance with the 
interim status requirements of 40 CFR part 265, subpart O;
    (ii) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater;
    (iii) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel; or
    (iv) A boiler or process heater burning hazardous waste for which 
the owner or operator meets the requirements specified in paragraph 
(b)(2)(iv)(A) or (B) of this section.
    (A) The boiler or process heater 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) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (c) Incinerator, boiler, and process heater monitoring requirements. 
Where an incinerator, boiler, or process heater is used, a temperature 
monitoring device capable of providing a continuous record that meets 
the provisions specified in paragraph (c)(1), (2), or (3) of this 
section 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 monitoring. Monitoring results shall be recorded as 
specified in Sec. 63.998(b) and (c), as applicable. General requirements 
for monitoring and continuous parameter monitoring systems are contained 
in the referencing subpart and Sec. 3.996.
    (1) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the fire box or in 
the ductwork immediately downstream of the fire box in a position before 
any substantial heat exchange occurs.
    (2) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (3) Where a boiler or process heater of less than 44 megawatts (150 
million British thermal units per hour) design heat input capacity is 
used and the regulated vent stream is not introduced as or with the 
primary fuel, a temperature monitoring device shall be installed in the 
fire box.



Sec. 63.989  [Reserved]



Sec. 63.990  Absorbers, condensers, and carbon adsorbers used as control devices.

    (a) Equipment and operating requirements. (1) Owners or operators 
using absorbers, condensers, or carbon adsorbers to meet a weight-
percent emission reduction or parts per million by volume outlet 
concentration requirement specified in a referencing subpart shall meet 
the requirements of this section.
    (2) Absorbers, condensers, and carbon adsorbers used to comply with 
the provisions of a referencing subpart and this subpart shall be 
operated at all times when emissions are vented to them.
    (b) Performance test requirements. Except as specified in 
Sec. 63.997(b), the owner or operator shall conduct an initial 
performance test of any absorber, condenser, or carbon adsorber used as 
a control device to comply with the provisions of the referencing 
subpart and this subpart according to the procedures in Sec. 63.997. 
Performance test records shall be kept as specified in Sec. 63.998(a)(2) 
and a performance test report shall be submitted as specified in 
Sec. 63.999(a)(2). As provided in Sec. 63.985(b)(1), a design evaluation 
may be used as an alternative to the performance test for storage 
vessels and low throughput transfer rack controls. As provided in 
Sec. 63.986(b), no performance test is required to demonstrate 
compliance for equipment leaks.
    (c) Monitoring requirements. Where an absorber, condenser, or carbon 
adsorber is used as a control device, either an organic monitoring 
device capable of providing a continuous record, or the monitoring 
devices specified in paragraphs (c)(1) through (3), as applicable, shall 
be used. Monitoring results shall be recorded as specified in 
Sec. 63.998(b) and (c), as applicable. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
a referencing subpart and Sec. 63.996.

[[Page 1047]]

    (1) Where an absorber is used, a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device, each capable 
of providing a continuous record, shall be used. If the difference 
between the specific gravity of the saturated scrubbing fluid and 
specific gravity of the fresh scrubbing fluid is less than 0.02 specific 
gravity units, an organic monitoring device capable of providing a 
continuous record shall be used.
    (2) Where a condenser is used, a condenser exit (product side) 
temperature monitoring device capable of providing a continuous record 
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 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.



Sec. 63.991-63.992  [Reserved]



Sec. 63.993  Absorbers, condensers, carbon adsorbers and other recovery devices used as final recovery devices.

    (a) Final recovery device equipment and operating requirements. (1) 
Owners or operators using a final recovery device to maintain a TRE 
above a level specified in a referencing subpart shall meet the 
requirements of this section.
    (2) Recovery devices used to comply with the provisions of a 
referencing subpart and this subpart shall be operated at all times when 
emissions are vented to them.
    (b) Recovery device performance test requirements. There are no 
performance test requirements for recovery devices. TRE index value 
determination information shall be recorded as specified in 
Sec. 63.998(a)(3).
    (c) Recovery device monitoring requirements. (1) Where an absorber 
is the final recovery device in the recovery system and the TRE index 
value is between the level specified in a referencing subpart and 4.0, 
either an organic monitoring device capable of providing a continuous 
record or a scrubbing liquid temperature monitoring device and a 
specific gravity monitoring device, each capable of providing a 
continuous record, shall be used. If the difference between the specific 
gravity of the saturated scrubbing fluid and specific gravity of the 
fresh scrubbing fluid is less than 0.02 specific gravity units, an 
organic monitoring device capable of providing a continuous record shall 
be used. Monitoring results shall be recorded as specified in 
Sec. 63.998(b) and (c), as applicable. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 63.996.
    (2) Where a condenser is the final recovery device in the recovery 
system and the TRE index value is between the level specified in a 
referencing subpart and 4.0, an organic monitoring device capable of 
providing a continuous record or a condenser exit (product side) 
temperature monitoring device capable of providing a continuous record 
shall be used. Monitoring results shall be recorded as specified in 
Sec. 63.998(b) and (c), as applicable. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
a referencing subpart and Sec. 63.996.
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system and the TRE index value is between the level specified 
in a referencing subpart and 4.0, an organic monitoring device capable 
of providing a continuous record or 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. Monitoring results shall be recorded as 
specified in Sec. 63.998(b) and (c), as applicable. General requirements 
for monitoring and continuous parameter monitoring systems are contained 
in a referencing subpart and Sec. 63.996.
    (4) If an owner or operator uses a recovery device other than those 
listed in this subpart, the owner or operator shall submit a description 
of planned

[[Page 1048]]

monitoring, reporting and recordkeeping procedures as specified in a 
referencing subpart. The Administrator will approve, deny, or modify 
based on the reasonableness of the proposed monitoring, reporting and 
recordkeeping requirements as part of the review of the submission or 
permit application or by other appropriate means.



Sec. 63.994  Halogen scrubbers and other halogen reduction devices.

    (a) Halogen scrubber and other halogen reduction device equipment 
and operating requirements. (1) An owner or operator of a halogen 
scrubber or other halogen reduction device subject to this subpart shall 
reduce the overall emissions of hydrogen halides and halogens by the 
control device performance level specified in a referencing subpart.
    (2) Halogen scrubbers and other halogen reduction devices used to 
comply with the provisions of a referencing subpart and this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Halogen scrubber and other halogen reduction device performance 
test requirements. (1) An owner or operator of a combustion device 
followed by a halogen scrubber or other halogen reduction device to 
control halogenated vent streams in accordance with a referencing 
subpart and this subpart shall conduct an initial performance test to 
determine compliance with the control efficiency or emission limits for 
hydrogen halides and halogens according to the procedures in 
Sec. 63.997. Performance test records shall be kept as specified in 
Sec. 63.998(a)(2) and a performance test report shall be submitted as 
specified in Sec. 63.999(a)(2).
    (2) An owner or operator of a halogen scrubber or other halogen 
reduction technique used to reduce the vent stream halogen atom mass 
emission rate prior to a combustion device to comply with a performance 
level specified in a referencing subpart shall determine the halogen 
atom mass emission rate prior to the combustion device according to the 
procedures specified in the referencing subpart. Records of the halogen 
concentration in the vent stream shall be generated as specified in 
Sec. 63.998(a)(4).
    (c) Halogen scrubber and other halogen reduction device monitoring 
requirements. (1) Where a halogen scrubber is used, the monitoring 
equipment specified in paragraphs (c)(1)(i) and (ii) of this section is 
required for the scrubber. Monitoring results shall be recorded as 
specified in Sec. 63.998(b) and (c), as applicable. General requirements 
for monitoring and continuous parameter monitoring systems are contained 
in a referencing subpart and Sec. 63.996.
    (i) A pH monitoring device capable of providing a continuous record 
shall be installed to monitor the pH of the scrubber effluent.
    (ii) A flow meter capable of providing a continuous record shall be 
located at the scrubber influent for liquid flow. Gas stream flow shall 
be determined using one of the procedures specified in paragraphs 
(c)(1)(ii)(A) through (D) 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) The owner or operator may measure the gas stream flow at the 
scrubber inlet.
    (C) 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 the process unit of 
which it is part as specified in a referencing subpart, 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 that compliance date may be utilized to comply with 
this subpart if it is still representative.
    (D) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method that will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method that 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

[[Page 1049]]

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 a referencing subpart.
    (2) Where a halogen reduction device other than a scrubber is used, 
the owner or operator shall follow the procedures specified in a 
referencing subpart in order to establish monitoring parameters.



Sec. 63.995  Other control devices.

    (a) Other control device equipment and operating requirements. (1) 
Owners or operators using a control device other than one listed in 
Secs. 63.985 through 63.990 to meet a weight-percent emission reduction 
or parts per million by volume outlet concentration requirement 
specified in a referencing subpart shall meet the requirements of this 
section.
    (2) Other control devices used to comply with the provisions of a 
referencing subpart and this subpart shall be operated at all times when 
emissions are vented to them.
    (b) Other control device performance test requirements. An owner or 
operator using a control device other than those specified in 
Secs. 63.987 through 63.990 to comply with a performance level specified 
in a referencing subpart, shall perform an initial performance test 
according to the procedures in Sec. 63.997. Performance test records 
shall be kept as specified in Sec. 63.998(a)(2) and a performance test 
report shall be submitted as specified in Sec. 63.999(a)(2).
    (c) Other control device monitoring requirements. If an owner or 
operator uses a control device other than those listed in this subpart, 
the owner or operator shall submit a description of planned monitoring, 
recordkeeping and reporting procedures as specified in a referencing 
subpart. The Administrator will approve, deny, or modify based on the 
reasonableness of the proposed monitoring, reporting and recordkeeping 
requirements as part of the review of the submission or permit 
application or by other appropriate means.



Sec. 63.996  General monitoring requirements for control and recovery devices.

    (a) General monitoring requirements applicability. (1) This section 
applies to the owner or operator of a regulated source required to 
monitor under this subpart.
    (2) Flares subject to Sec. 63.987(c) are not subject to the 
requirements of this section.
    (3) Flow indicators are not subject to the requirements of this 
section.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set 
forth in this section and in the relevant sections of this subpart 
unless the provision in either paragraph (b)(1)(i) or (ii) of this 
section applies.
    (i) The Administrator specifies or approves the use of minor changes 
in methodology for the specified monitoring requirements and procedures; 
or
    (ii) The Administrator approves the use of alternatives to any 
monitoring requirements or procedures as provided in the referencing 
subpart or paragraph (d) of this section.
    (2) When one CPMS is used as a backup to another CPMS, the owner or 
operator shall report the results from the CPMS used to meet the 
monitoring requirements of this subpart. If both such CPMS's are used 
during a particular reporting period to meet the monitoring requirements 
of this subpart, then the owner or operator shall report the results 
from each CPMS for the time during the six month period that the 
instrument was relied upon to demonstrate compliance.
    (c) Operation and maintenance of continuous parameter monitoring 
systems. (1) 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.
    (2) The owner or operator of a regulated source shall maintain and 
operate each CPMS as specified in this section, or in a relevant 
subpart, and in a manner consistent with good air pollution control 
practices.
    (i) The owner or operator of a regulated source shall ensure the 
immediate repair or replacement of CPMS

[[Page 1050]]

parts to correct ``routine'' or otherwise predictable CPMS malfunctions. 
The necessary parts for routine repairs of the affected equipment shall 
be readily available.
    (ii) If under the referencing subpart, an owner or operator has 
developed a start-up, shutdown, and malfunction plan, the plan is 
followed, and the CPMS is repaired immediately, this action shall be 
recorded as specified in Sec. 63.998(c)(1)(ii)(E).
    (iii) The Administrator's determination of whether acceptable 
operation and maintenance procedures are being used for the CPMS will be 
based on information that may include, but is not limited to, review of 
operation and maintenance procedures, operation and maintenance records 
as specified in Sec. 63.998(c)(1)(i) and (ii), manufacturer's 
recommendations and specifications, and inspection of the CPMS.
    (3) All CPMS's shall be installed and operational, and the data 
verified as specified in this subpart either prior to or in conjunction 
with conducting performance tests. 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 or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (4) All CPMS's shall be installed such that representative 
measurements of parameters from the regulated source are obtained.
    (5) In accordance with the referencing subpart, except for system 
breakdowns, repairs, maintenance periods, instrument adjustments, or 
checks to maintain precision and accuracy, calibration checks, and zero 
and span adjustments, all continuous parameter monitoring systems shall 
be in continuous operation when emissions are being routed to the 
monitored device.
    (6) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the control or recovery 
device. In order to establish the range, the information required in 
Sec. 63.999(b)(3) 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 meeting the specifications of 
Sec. 63.997(b)(1) or a prior TRE index value determination, as 
applicable, or upon existing ranges or limits established under a 
referencing subpart. Where the regeneration stream flow and carbon bed 
temperature are monitored, the range shall be in terms of the total 
regeneration stream flow per regeneration cycle and the temperature of 
the carbon bed determined within 15 minutes of the completion of the 
regeneration cooling cycle.
    (d) Alternatives to monitoring requirements. (1) Alternatives to the 
continuous operating parameter monitoring and recordkeeping provisions. 
An owner or operator may request approval to use alternatives to the 
continuous operating parameter monitoring and recordkeeping provisions 
listed in Secs. 63.988(c), 63.990(c), 63.993(c), 63.994(c), 63.998(a)(2) 
through (4), 63.998(c)(2) and (3), as specified in Sec. 63.999(d)(1).
    (2) Monitoring a different parameter than those listed. An owner or 
operator may request approval to monitor a different parameter than 
those established in paragraph (c)(6) of this section or to set unique 
monitoring parameters if directed by Secs. 63.994(c)(2) or 63.995(c), as 
specified in Sec. 63.999(d)(2).



Sec. 63.997  Performance test and compliance assessment requirements for control devices.

    (a) Performance tests and flare compliance assessments. Where 
Secs. 63.985 through 63.995 require, or the owner or operator elects to 
conduct, a performance test of a control device or a halogen reduction 
device, or a compliance assessment for a flare, the requirements of 
paragraphs (b) through (d) of this section apply.
    (b) Prior test results and waivers. Initial performance tests and 
initial flare compliance assessments are required only as specified in 
this subpart or a referencing subpart.
    (1) Unless requested by the Administrator, an owner or operator is 
not required to conduct a performance test or flare compliance 
assessment under this subpart if a prior performance test

[[Page 1051]]

or compliance assessment was conducted using the same methods specified 
in Sec. 63.997(e) or Sec. 63.987(b)(3), as applicable, 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 or compliance 
demonstration, with or without adjustments, reliably demonstrate 
compliance despite process changes. An owner or operator may request 
permission to substitute a prior performance test or compliance 
assessment by written application to the Administrator as specified in 
Sec. 63.999(a)(1)(iv).
    (2) Individual performance tests and flare compliance assessments 
may be waived upon written application to the Administrator, per 
Sec. 63.999(a)(1)(iii), if, in the Administrator's judgment, the source 
is meeting the relevant standard(s) on a continuous basis, the source is 
being operated under an extension or waiver of compliance, or the owner 
or operator has requested an extension or waiver of compliance and the 
Administrator is still considering that request.
    (3) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notification is given to the owner 
or operator of the source.
    (c) Performance tests and flare compliance assessments schedule. (1) 
Unless a waiver of performance testing or flare compliance assessment is 
obtained under this section or the conditions of a referencing subpart, 
the owner or operator shall perform such tests as specified in 
paragraphs (c)(1)(i) through (vii) of this section.
    (i) Within 180 days after the effective date of a relevant standard 
for a new source that has an initial start-up date before the effective 
date of that standard; or
    (ii) Within 180 days after initial start-up for a new source that 
has an initial start-up date after the effective date of a relevant 
standard; or
    (iii) Within 180 days after the compliance date specified in a 
referencing subpart for an existing source, or within 180 days after 
start-up 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 or a waiver of compliance for an existing source 
that obtains an extension of compliance under Sec. 63.1112(a), or waiver 
of compliance under 40 CFR 61.11; 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); or
    (vii) When the promulgated emission standard in a referencing 
subpart is more stringent than the standard that was proposed, 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 start-up of the source, 
whichever is later. If a promulgated standard in a referencing subpart 
is more stringent than the proposed standard, the owner or operator may 
choose to demonstrate compliance initially 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 start-up of the source, 
whichever is later, to demonstrate compliance with the promulgated 
standard.
    (2) The Administrator may require an owner or operator to conduct 
performance tests and compliance assessments at the regulated source at 
any time when the action is authorized by section 114 of the Act.

[[Page 1052]]

    (3) Unless already permitted by the applicable title V permit, if an 
owner or operator elects to use a recovery device to replace an existing 
control device at a later date, or elects to use a different flare, 
nonflare control device or recovery device to replace an existing flare, 
nonflare control device or final recovery device at a later date, the 
owner or operator shall notify the Administrator, either by amendment of 
the regulated source's title V permit or, if title V is not applicable, 
by submission of the notice specified in Sec. 63.999(c)(7) before 
implementing the change. Upon implementing the change, a compliance 
demonstration or performance test shall be performed according to the 
provisions of paragraphs (c)(3)(i) through (v) of this section, as 
applicable, within 180 days. The compliance assessment report shall be 
submitted to the Administrator within 60 days of completing the 
determination, as provided in Sec. 63.999(a)(1)(ii).
    (i) For flares used to replace an existing control device, a flare 
compliance demonstration shall be performed using the methods specified 
in Sec. 63.987(b);
    (ii) For flares used to replace an existing final recovery device 
that is used on an applicable process vent, the owner or operator shall 
comply with the applicable provisions in a referencing subpart and in 
this subpart;
    (iii) For incinerators, boilers, or process heaters used to replace 
an existing control device, a performance test shall be performed, using 
the methods specified in Sec. 63.997;
    (iv) For absorbers, condensers, or carbon adsorbers used to replace 
an existing control device on a process vent or a transfer rack, a 
performance test shall be performed, using the methods specified in 
Sec. 63.997;
    (v) For absorbers, condensers, or carbon adsorbers used to replace 
an existing final recovery device on a process vent, the owner or 
operator shall comply with the applicable provisions of a referencing 
subpart and this subpart;
    (d) Performance testing facilities. If required to do performance 
testing, the owner or operator of each new regulated source and, at the 
request of the Administrator, the owner or operator of each existing 
regulated source, shall provide performance testing facilities as 
specified in paragraphs (d)(1) through (5) of this section.
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes, as applicable, the requirements specified in 
(d)(1)(i) and (ii) of this section.
    (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) Performance test procedures. Where Secs. 63.985 through 63.995 
require the owner or operator to conduct a performance test of a control 
device or a halogen reduction device, the owner or operator shall follow 
the requirements of paragraphs (e)(1)(i) through (v) of this section, as 
applicable.
    (1) General procedures. (i) Continuous unit operations. For 
continuous unit operations, performance tests shall be conducted at 
maximum representative operating conditions for the process, unless the 
Administrator specifies or approves alternate operating conditions. 
During the performance test, an owner or operator may operate the 
control or halogen reduction device at maximum or minimum representative 
operating conditions for monitored control or halogen reduction device 
parameters, whichever results in lower emission reduction. Operations 
during periods of start-up, shutdown, and malfunction shall not 
constitute representative conditions for the purpose of a performance 
test.
    (ii) [Reserved]
    (iii) Combination of both continuous and batch unit operations. For 
a combination of both continuous and batch unit operations, performance 
tests

[[Page 1053]]

shall be conducted at maximum representative operating conditions. For 
the purpose of conducting a performance test on a combined vent stream, 
maximum representative operating conditions shall be when batch emission 
episodes are occurring that result in the highest organic HAP emission 
rate (for the combined vent stream) that is achievable during the 6-
month period that begins 3 months before and ends 3 months after the 
compliance assessment (e.g. TRE calculation, performance test) without 
causing any of the situations described in paragraphs (e)(1)(iii)(A) 
through (C) of this section.
    (A) Causing damage to equipment;
    (B) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (C) Necessitating that the owner or operator make product in excess 
of demand.
    (iv) Alternatives to performance test requirements. Performance 
tests shall be conducted and data shall be reduced in accordance with 
the test methods and procedures set forth in this subpart, in each 
relevant standard, and, if required, in applicable appendices of 40 CFR 
parts 51, 60, 61, and 63 unless the Administrator specifies one of the 
provisions in paragraphs (e)(1)(iv)(A) through (E) of this section.
    (A) Specifies or approves, in specific cases, the use of a test 
method with minor changes in methodology; or
    (B) Approves the use of an alternative test method, the results of 
which the Administrator has determined to be adequate for indicating 
whether a specific regulated source is in compliance. The alternate 
method or data shall be validated using the applicable procedures of 
Method 301 of appendix A of 40 CFR part 63; or
    (C) Approves shorter sampling times and smaller sample volumes when 
necessitated by process variables or other factors; or
    (D) Waives the requirement for the performance test as specified in 
paragraph (b)(2) of this section because the owner or operator of a 
regulated source has demonstrated by other means to the Administrator's 
satisfaction that the regulated source is in compliance with the 
relevant standard; or
    (E) Approves the use of an equivalent method.
    (v) Performance test runs. Except as provided in paragraphs 
(e)(1)(v)(A) and (B) of this section, each performance test shall 
consist of three separate runs using the applicable test method. Each 
run shall be conducted for at least 1 hour and under the conditions 
specified in this section. For the purpose of determining compliance 
with an applicable standard, the arithmetic means of results of the 
three runs shall apply. In the event that a sample is accidentally lost 
or conditions occur in which one of the three runs must be discontinued 
because of forced shutdown, failure of an irreplaceable portion of the 
sample train, extreme meteorological conditions, or other circumstances, 
beyond the owner or operator's control, compliance may, upon the 
Administrator's approval, be determined using the arithmetic mean of the 
results of the two other runs.
    (A) For control devices used to control emissions from transfer 
racks (except low throughput transfer racks that are capable of 
continuous vapor processing but do not handle continuous emissions or 
multiple loading arms of a transfer rack that load simultaneously), each 
run shall represent at least one complete tank truck or tank car loading 
period, during which regulated materials 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.
    (B) For intermittent vapor processing systems used for controlling 
transfer rack emissions (except low throughput transfer racks that do 
not handle continuous emissions or multiple loading arms of a transfer 
rack that load simultaneously), 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.
    (2) Specific procedures. Where Secs. 63.985 through 63.995 require 
the owner or operator to conduct a performance test of

[[Page 1054]]

a control device, or a halogen reduction device, an owner or operator 
shall conduct that performance test using the procedures in paragraphs 
(e)(2)(i) through (iv) of this section, as applicable. The regulated 
material concentration and percent reduction may be measured as either 
total organic regulated material or as TOC minus methane and ethane 
according to the procedures specified.
    (i) Selection of sampling sites. Method 1 or 1A of 40 CFR part 60, 
appendix A, as appropriate, shall be used for selection of the sampling 
sites.
    (A) For determination of compliance with a percent reduction 
requirement of total organic regulated material or TOC, sampling sites 
shall be located as specified in paragraphs (e)(2)(i)(A)(1) and 
(e)(2)(i)(A)(2) of this section, and at the outlet of the control 
device.
    (1) With the exceptions noted below in paragraphs (e)(2)(i)(A)(2) 
and (3), the control device inlet sampling site shall be located at the 
exit from the unit operation before any control device.
    (2) For process vents from continuous unit operations at affected 
sources in subcategories where the applicability criteria includes a TRE 
index value, the control device inlet sampling site shall be located 
after the final recovery device.
    (3) 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 regulated material 
or TOC (minus methane and ethane) concentrations, as applicable, in all 
vent streams and primary and secondary fuels introduced into the boiler 
or process heater.
    (B) For determination of compliance with a parts per million by 
volume total regulated material or TOC limit in a referencing subpart, 
the sampling site shall be located at the outlet of the control device.
    (ii) Gas volumetric flow rate. 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) Total organic regulated material or TOC concentration. To 
determine compliance with a parts per million by volume total organic 
regulated material or TOC (minus methane and ethane) limit, 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 regulated material, 
as applicable. Alternatively, any other method or data that have been 
validated according to the applicable procedures in Method 301 of 
appendix A of 40 CFR part 63, may be used. Method 25A of 40 CFR part 60, 
appendix A may be used for transfer racks as detailed in paragraph 
(e)(2)(iii)(D) of this section. The procedures specified in paragraphs 
(e)(2)(iii)(A) through (D) of this section shall be used to calculate 
parts per million by volume concentration, corrected to 3 percent oxygen 
if a combustion device is the control device and supplemental combustion 
air is used to combust the emissions.
    (A) Sampling time. For continuous unit operations and for a 
combination of both continuous and batch unit operations, 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) Concentration calculation. The concentration of either TOC 
(minus methane or ethane) or total organic regulated material shall be 
calculated according to paragraph (e)(2)(iii)(B) (1) or (2) of this 
section.
    (1) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using Equation 2.

[GRAPHIC] [TIFF OMITTED] TR29JN99.001

Where:

CTOC = Concentration of TOC (minus methane and ethane), dry 
          basis, parts per million by volume.
x = Number of samples in the sample run.
n = Number of components in the sample.

[[Page 1055]]

Cji = Concentration of sample components j of sample I, dry 
          basis, parts per million by volume.

    (2) The total organic regulated material (CREG) shall be 
computed according to Equation 2 in paragraph (e)(2)(iii)(B)(1) of this 
section except that only the regulated species shall be summed.
    (C) Concentration correction calculation. The concentration of TOC 
or total organic regulated material, as applicable, shall be corrected 
to 3 percent oxygen if a combustion device is the control device and 
supplemental combustion air is used to combust the emissions.
    (1) 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 regulated 
material or organic compound samples, and the samples shall be taken 
during the same time that the organic regulated material or organic 
compound samples are taken.
    (2) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using Equation 3.

[GRAPHIC] [TIFF OMITTED] TR29JN99.002

Where:

Cc = Concentration of TOC or organic regulated material 
          corrected to 3 percent oxygen, dry basis, parts per million by 
          volume.
Cm = Concentration of TOC (minus methane and ethane) or 
          organic regulated material, dry basis, parts per million by 
          volume.
%O2d = Concentration of oxygen, dry basis, percentage by 
          volume.

    (D) Transfer racks. Method 25A of 40 CFR part 60, appendix A may be 
used for the purpose of determining compliance with a parts per million 
by volume limit for transfer racks. If Method 25A of 40 CFR part 60, 
appendix A is used, the procedures specified in paragraphs 
(e)(2)(iii)(D) (1) through (4) of this section shall be used to 
calculate the concentration of organic compounds (CTOC):
    (1) The principal organic regulated material in the vent stream 
shall be used as the calibration gas.
    (2) 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.
    (3) 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.
    (4) The concentration of TOC shall be corrected to 3 percent oxygen 
using the procedures and Equation 3 in paragraph (e)(2)(iii)(C)(2) of 
this section if a combustion device is the control device and 
supplemental combustion air is used to combust emissions.
    (iv) Percent reduction calculation. To determine compliance with a 
percent reduction requirement, the owner or operator shall use Method 18 
of 40 CFR part 60, appendix A; alternatively, any other method or data 
that have been validated according to the applicable procedures in 
Method 301 of appendix A of this part may be used. Method 25A or 25B of 
40 CFR part 60, appendix A may be used for transfer racks as detailed in 
paragraph (e)(2)(iv)(E) of this section. Procedures specified in 
paragraphs (e)(2)(iv)(A) through (e)(2)(iv)(E) of this section shall be 
used to calculate percent reduction efficiency.
    (A) Sampling time. 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) Mass rate of TOC or total organic regulated material. The mass 
rate of either TOC (minus methane and ethane) or total organic regulated 
material (EI, Eo) shall be computed as applicable.
    (1) Equations 4 and 5 shall be used.

    [GRAPHIC] [TIFF OMITTED] TR29JN99.003
    

[[Page 1056]]


[GRAPHIC] [TIFF OMITTED] TR29JN99.004

Where:

    EI, Eo = Emission rate of TOC (minus methane 
and ethane) (ETOC) or emission rate of total organic 
regulated material (ERM) in the sample at the inlet and 
outlet of the control device, respectively, dry basis, kilogram per 
hour.
K2 = Constant, 2.494  x  10-6 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (kilogram per gram) (minute per hour), where standard 
          temperature (gram-mole per standard cubic meter) is 20  deg.C.
n = Number of components in the sample.
Cij, Coj = Concentration on a dry basis of organic 
          compound j in parts per million by volume of the gas stream at 
          the inlet and outlet of the control device, respectively. If 
          the TOC emission rate is being calculated, Cij and 
          Coj include all organic compounds measured minus 
          methane and ethane; if the total organic regulated material 
          emissions rate is being calculated, only organic regulated 
          material are included.
Mij, Moj = Molecular weight of organic compound j, 
          gram per gram-mole, of the gas stream at the inlet and outlet 
          of the control device, respectively.
QI, Qo = Process vent flow rate, dry standard 
          cubic meter per minute, at a temperature of 20 deg. C, at the 
          inlet and outlet of the control device, respectively.

    (2) 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 Equations 4 and 5 in paragraph 
(e)(2)(iv)(B)(1) of this section.
    (3) Where the mass rate of total organic regulated material is being 
calculated, only the species comprising the regulated material shall be 
summed using Equations 4 and 5 in paragraph (e)(2)(iv)(B)(1) of this 
section.
    (C) Percent reduction in TOC or total organic regulated material for 
continuous unit operations and a combination of both continuous and 
batch unit operations. For continuous unit operations and for a 
combination of both continuous and batch unit operations, the percent 
reduction in TOC (minus methane and ethane) or total organic regulated 
material shall be calculated using Equation 6.

[GRAPHIC] [TIFF OMITTED] TR29JN99.005

Where:

R = Control efficiency of control device, percent.
EI = Mass rate of TOC (minus methane and ethane) or total 
          organic regulated material at the inlet to the control device 
          as calculated under paragraph (e)(2)(iv)(B) of this section, 
          kilograms TOC per hour or kilograms organic regulated material 
          per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total 
          organic regulated material at the outlet of the control 
          device, as calculated under paragraph (e)(2)(iv)(B) of this 
          section, kilograms TOC per hour or kilograms total organic 
          regulated material per hour.

    (D) Vent stream introduced with combustion air or as secondary fuel. 
If the 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 
regulated material or TOC (minus methane and ethane) across the device 
shall be determined by comparing the TOC (minus methane and ethane) or 
total organic regulated material in all combusted vent streams and 
primary and secondary fuels with the TOC (minus methane and ethane) or 
total organic regulated material exiting the combustion device, 
respectively.
    (E) Transfer racks. Method 25A of 40 CFR part 60, appendix A, may 
also be used for the purpose of determining compliance with the percent 
reduction requirement for transfer racks.
    (1) If Method 25A of 40 CFR part 60, appendix A, is used to measure 
the concentration of organic compounds (CTOC), the principal 
organic regulated material in the vent stream shall be used as the 
calibration gas.
    (2) 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.

[[Page 1057]]

    (3) The average organic compound concentration and the volume 
measurement shall correspond to the same emissions testing interval.
    (4) The mass at the inlet and outlet of the control device during 
each testing interval shall be calculated using Equation 7.

[GRAPHIC] [TIFF OMITTED] TR29JN99.006

Where:

Mj = Mass of organic compounds emitted during testing 
          interval j, kilograms.
F = 10-6 = Conversion factor, (cubic meters regulated 
          material per cubic meters air) * (parts per million by 
          volume)-1.
K = Density, kilograms per standard cubic meter organic regulated 
          material.
= 659 kilograms per standard cubic meter organic regulated material. 
          (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.)
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.

    (5) The organic compound mass emission rates at the inlet and outlet 
of the control device shall be calculated using Equations 8 and 9 as 
follows:

[GRAPHIC] [TIFF OMITTED] TR29JN99.007

[GRAPHIC] [TIFF OMITTED] TR29JN99.008

Where:

Ei, Eo = Mass flow rate of organic compounds at 
          the inlet (i) and outlet (o) of the control device, kilograms 
          per hour.
n = Number of testing intervals.
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.

    (3) An owner or operator using a halogen scrubber or other halogen 
reduction device to control process vent and transfer rack halogenated 
vent streams in compliance with a referencing subpart, who is required 
to conduct a performance test to determine compliance with a control 
efficiency or emission limit for hydrogen halides and halogens, shall 
follow the procedures specified in paragraphs (e)(3) (i) through (iv) of 
this section.
    (i) 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 a 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.
    (ii) Except as provided in paragraph (e)(1)(iv) 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.
    (iii) To determine compliance with the percent removal efficiency, 
the mass emissions for any hydrogen halides and halogens present at the 
inlet of the halogen reduction device shall be summed together. The mass 
emissions of the compounds 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.
    (iv) To demonstrate compliance with a 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 the kilogram per 
hour outlet emission limit specified in a referencing subpart.

[[Page 1058]]



Sec. 63.998  Recordkeeping requirements.

    (a) Compliance assessment, monitoring, and compliance records. (1) 
Conditions of flare compliance assessment, monitoring, and compliance 
records. Upon request, the owner or operator shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of flare compliance assessments performed pursuant to 
Sec. 63.987(b).
    (i) Flare compliance assessment records. When using a flare to 
comply with this subpart, record the information specified in paragraphs 
(a)(1)(i)(A) through (C) of this section for each flare compliance 
assessment performed pursuant to Sec. 63.987(b). As specified in 
Sec. 63.999(a)(2)(iii)(A), the owner or operator shall include this 
information in the flare compliance assessment report.
    (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 
flare compliance assessment; and
    (C) All periods during the flare compliance assessment when all 
pilot flames are absent or, if only the flare flame is monitored, all 
periods when the flare flame is absent.
    (ii) Monitoring records. Each owner or operator shall keep up to 
date and readily accessible hourly records of whether the monitor is 
continuously operating and whether the flare flame or at least one pilot 
flame is continuously present. For transfer racks, hourly records are 
required only while the transfer rack vent stream is being vented.
    (iii) Compliance records. (A) Each owner or operator shall keep 
records of the times and duration of all periods during which the flare 
flame or all the pilot flames are absent. This record shall be submitted 
in the periodic reports as specified in Sec. 63.999(c)(3).
    (B) Each owner or operator shall keep records of the times and 
durations of all periods during which the monitor is not operating.
    (2) Nonflare control device performance test records. (i) 
Availability of performance test records. 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 performed 
pursuant to Secs. 63.988(b), 63.990(b), 63.994(b), or 63.995(b).
    (ii) Nonflare control device and halogen reduction device 
performance test records.
    (A) General requirements. Each owner or operator subject to the 
provisions of this subpart shall keep up-to-date, readily accessible 
continuous records of the data specified in paragraphs (a)(2)(ii)(B) 
through (C) of this section, as applicable, measured during each 
performance test performed pursuant to Sec. 63.988(b), Sec. 63.990(b), 
Sec. 63.994(b), or Sec. 63.995(b), and also include that data in the 
Notification of Compliance Status required under Sec. 63.999(b). The 
same data specified in this section shall be submitted in the reports of 
all subsequently required performance tests where either the emission 
control efficiency of a combustion device, or the outlet concentration 
of TOC or regulated material is determined.
    (B) Nonflare combustion device. Where an owner or operator subject 
to the provisions of this paragraph seeks to demonstrate compliance with 
a percent reduction requirement or a parts per million by volume 
requirement using a nonflare combustion device the information specified 
in (a)(2)(ii)(B)(1) through (6) of this section shall be recorded.
    (1) For thermal incinerators, record the fire box temperature 
averaged over the full period of the performance test.
    (2) For catalytic incinerators, record the upstream and downstream 
temperatures and the temperature difference across the catalyst bed 
averaged over the full period of the performance test.
    (3) For a boiler or process heater with a design heat input capacity 
less than 44 megawatts and a vent stream that is not introduced with or 
as the primary fuel, record the fire box temperature averaged over the 
full period of the performance test.
    (4) For an incinerator, record the percent reduction of organic 
regulated material, if applicable, or TOC achieved by the incinerator 
determined as specified in Sec. 63.997(e)(2)(iv), as applicable, or the 
concentration of organic regulated material (parts per million

[[Page 1059]]

by volume, by compound) determined as specified in 
Sec. 63.997(e)(2)(iii) at the outlet of the incinerator.
    (5) For a boiler or process heater, record a description of the 
location at which the vent stream is introduced into the boiler or 
process heater.
    (6) 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, record the percent reduction of organic 
regulated material or TOC, or the concentration of regulated material or 
TOC (parts per million by volume, by compound) determined as specified 
in Sec. 63.997(e)(2)(iii) at the outlet of the combustion device.
    (C) Other nonflare control devices. Where an owner or operator seeks 
to use an absorber, condenser, or carbon adsorber as a control device, 
the information specified in paragraphs (a)(2)(ii)(C)(1) through (5) of 
this section shall be recorded, as applicable.
    (1) Where an absorber is used as the control device, the exit 
specific gravity and average exit temperature of the absorbing liquid 
averaged over the same time period as the performance test (both 
measured while the vent stream is normally routed and constituted); or
    (2) Where a condenser is used as the control device, the average 
exit (product side) temperature averaged over the same time period as 
the performance test while the vent stream is routed and constituted 
normally; or
    (3) Where a carbon adsorber is used as the control device, the total 
regeneration stream mass flow during each carbon-bed regeneration cycle 
during the period of the performance test, and temperature of the 
carbon-bed after each regeneration during the period of the performance 
test (and within 15 minutes of completion of any cooling cycle or 
cycles; or
    (4) As an alternative to paragraph (a)(2)(ii)(C)(1), (2), or (3) of 
this section, the concentration level or reading indicated by an 
organics monitoring device at the outlet of the absorber, condenser, or 
carbon adsorber averaged over the same time period as the performance 
test while the vent stream is normally routed and constituted.
    (5) For an absorber, condenser, or carbon adsorber used as a control 
device, the percent reduction of regulated material achieved by the 
control device or concentration of regulated material (parts per million 
by volume, by compound) at the outlet of the control device.
    (D) Halogen reduction devices. When using a scrubber following a 
combustion device to control a halogenated vent stream, record the 
information specified in paragraphs (a)(2)(ii)(D)(1) through (3) of this 
section.
    (1) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec. 63.997(e)(3).
    (2) The pH of the scrubber effluent averaged over the time period of 
the performance test; and
    (3) The scrubber liquid-to-gas ratio averaged over the time period 
of the performance test.
    (3) Recovery device monitoring records during TRE index value 
determination. For process vents that require control of emissions under 
a referencing subpart, owners or operators using a recovery device to 
maintain a TRE above a level specified in the referencing subpart shall 
maintain the continuous records specified in paragraph (a)(3)(i) through 
(v) of this section, as applicable, and submit reports as specified in 
Sec. 63.999(a)(2)(iii)(C).
    (i) Where an absorber is the final recovery device in the recovery 
system and the saturated scrubbing fluid and specific gravity of the 
scrubbing fluid is greater than or equal to 0.02 specific gravity units, 
the exit specific gravity (or alternative parameter that is a measure of 
the degree of absorbing liquid saturation if approved by the 
Administrator) and average exit temperature of the absorbing liquid 
averaged over the same time period as the TRE index value determination 
(both measured while the vent stream is normally routed and 
constituted); or
    (ii) Where a condenser is the final recovery device in the recovery 
system, the average exit (product side) temperature averaged over the 
same time period as the TRE index value determination while the vent 
stream is routed and constituted normally; or

[[Page 1060]]

    (iii) Where a carbon adsorber is the final recovery device in the 
recovery system, the total regeneration stream mass flow during each 
carbon-bed regeneration cycle during the period of the TRE index value 
determination, and temperature of the carbon-bed after each regeneration 
during the period of the TRE index value determination (and within 15 
minutes of completion of any cooling cycle or cycles); or
    (iv) As an alternative to paragraph (a)(3)(i), (ii), or (iii) of 
this section, the concentration level or reading indicated by an 
organics monitoring device at the outlet of the absorber, condenser, or 
carbon adsorber averaged over the same time period as the TRE index 
value determination while the vent stream is normally routed and 
constituted.
    (v) All measurements and calculations performed to determine the TRE 
index value of the vent stream as specified in a referencing subpart.
    (4) Halogen concentration records. Record the halogen concentration 
in the vent stream determined according to the procedures specified in a 
referencing subpart. Submit this record in the Notification of 
Compliance Status, as specified in Sec. 63.999(b)(4). If the owner or 
operator designates the vent stream as halogenated, then this shall be 
recorded and reported in the Notification of Compliance Status report.
    (b) Continuous records and monitoring system data handling. (1) 
Continuous records. Where this subpart requires a continuous record, the 
owner or operator shall maintain a record as specified in paragraphs 
(b)(1)(i) through (iv) of this section, as applicable:
    (i) A record of values measured at least once every 15 minutes or 
each measured value for systems which measure more frequently than once 
every 15 minutes; or
    (ii) A record of block average values for 15-minute or shorter 
periods calculated from all measured data values during each period or 
from at least one measured data value per minute if measured more 
frequently than once per minute.
    (iii) Where data is collected from an automated continuous parameter 
monitoring system, the owner or operator may calculate and retain block 
hourly average values from each 15-minute block average period or from 
at least one measured value per minute if measured more frequently than 
once per minute, and discard all but the most recent three valid hours 
of continuous (15-minute or shorter) records, if the hourly averages do 
not exclude periods of CPMS breakdown or malfunction. An automated CPMS 
records the measured data and calculates the hourly averages through the 
use of a computerized data acquisition system.
    (iv) A record as required by an alternative approved under a 
referencing subpart.
    (2) Excluded data. Monitoring data recorded during periods 
identified in paragraphs (b)(2)(i) through (iii) of this section shall 
not be included in any average computed to determine compliance with an 
emission limit in a referencing subpart.
    (i) Monitoring system breakdowns, repairs, preventive maintenance, 
calibration checks, and zero (low-level) and high-level adjustments;
    (ii) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies; and
    (iii) Start-ups, shutdowns, and malfunctions, if the owner or 
operator follows the applicable provisions of the start-up, shutdown, 
and malfunction plan required by a referencing subpart and maintains the 
records specified in paragraph (d)(3) of this section.
    (3) Records of daily averages. In addition to the records specified 
in paragraph (a), owners or operators shall keep records as specified in 
paragraphs (b)(3)(i) and (ii) of this section and submit reports as 
specified in Sec. 63.999(c), unless an alternative recordkeeping system 
has been requested and approved under a referencing subpart.
    (i) Except as specified in paragraph (b)(3)(ii) of this section, 
daily average values of each continuously monitored parameter shall be 
calculated from data meeting the specifications of paragraph (b)(2) of 
this section for each operating day and retained for 5 years.
    (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

[[Page 1061]]

continuous, or the period of operation per operating day if operation is 
not continuous (e.g., for transfer racks the average shall cover periods 
of loading). If values are measured more frequently than once per 
minute, a single value for each minute may be used to calculate the 
daily average instead of all measured values.
    (B) The operating day shall be the period defined in the operating 
permit or in the Notification of Compliance Status. It may be from 
midnight to midnight or another daily period.
    (ii) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or in the 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. In such cases, the owner or operator may not discard the 
recorded values as allowed in paragraph (b)(1)(iii) of this section.
    (4) [Reserved]
    (5) Alternative recordkeeping. For any parameter with respect to any 
item of equipment associated with a process vent or transfer rack 
(except low throughput transfer loading racks), the owner or operator 
may implement the recordkeeping requirements in paragraphs (b)(5)(i) or 
(ii) of this section as alternatives to the recordkeeping provisions 
listed in paragraphs (b)(1) through (3) of this section. The owner or 
operator shall retain each record required by paragraphs (b)(5)(i) or 
(ii) of this section as provided in a referencing subpart.
    (i) The owner or operator may retain only the daily average value, 
and is not required to retain more frequently monitored operating 
parameter values, for a monitored parameter with respect to an item of 
equipment, if the requirements of paragraphs (b)(5)(i)(A) through (F) of 
this section are met. The owner or operator shall notify the 
Administrator in the Notification of Compliance Status as specified in 
Sec. 63.999(b)(5) or, if the Notification of Compliance Status has 
already been submitted, in the Periodic Report immediately preceding 
implementation of the requirements of this paragraph, as specified in 
Sec. 63.999(c)(6)(iv).
    (A) 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.
    (B) The monitoring system generates a running average of the 
monitoring values, updated at least hourly throughout each operating 
day, 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 (b)(5)(i)(B)(1) through (3) of this section. All instances in 
an operating day constitute a single occurrence.
    (1) The running average is above the maximum or below the minimum 
established limits;
    (2) The running average is based on at least six one-hour average 
values; and
    (3) The running average reflects a period of operation other than a 
start-up, shutdown, or malfunction.
    (C) 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.
    (D) The monitoring system will alert the owner or operator by an 
alarm, if the running average parameter value calculated under paragraph 
(b)(5)(i)(B) of this section reaches a set point that is appropriately 
related to the established limit for the parameter that is being 
monitored.

[[Page 1062]]

    (E) The owner or operator shall verify the proper functioning of the 
monitoring system, including its ability to comply with the requirements 
of paragraph (b)(5)(i) of this section, at the times specified in 
paragraphs (b)(5)(i)(E)(1) through (3) of this section. The owner or 
operator shall document that the required verifications occurred.
    (1) Upon initial installation.
    (2) Annually after initial installation.
    (3) After any change to the programming or equipment constituting 
the monitoring system that might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (F) The owner or operator shall retain the records identified in 
paragraphs (b)(5)(i)(F)(1) through (4) of this section.
    (1) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (b)(5)(i) of this section.
    (2) A description of the applicable monitoring system(s), and of how 
compliance will be achieved with each requirement of paragraph 
(b)(5)(i)(A) through (E) 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 the subpart that references this subpart, except 
as provided in paragraph (b)(5)(i)(F)(1) of this section.
    (3) 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 (b)(5)(i) of this section.
    (4) Owners and operators subject to paragraph (b)(5)(i)(F)(2) 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 be retained 
on-site at all times 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 being superseded. Thereafter, the 
superseded description may be stored off-site.
    (ii) If an owner or operator has elected to implement the 
requirements of paragraph (b)(5)(i) of this section, and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (b)(6)(i) 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 were 
required and/or approved by the Administrator.
    (A) 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, as specified in Sec. 63.999(c)(6)(i). The notification 
shall identify the parameter and unit of equipment.
    (B) If there is an excursion as defined in paragraph (b)(6)(i) of 
this section on any operating day after the owner or operator has ceased 
recording daily averages as provided in paragraph (b)(5)(ii) of this 
section, the owner or operator shall immediately resume retaining the 
daily average value for each operating day, and shall notify the 
Administrator in the next Periodic Report, as specified in 
Sec. 63.999(c). 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 (b)(6)(i) of this 
section.

[[Page 1063]]

    (C) The owner or operator shall retain the records specified in 
paragraphs (b)(5)(i)(A) through (F) of this section for the duration 
specified in a referencing subpart. For any week, if compliance with 
paragraphs (b)(5)(i)(A) through (D) 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.
    (6)(i) For the purposes 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 (b)(6)(i)(A) and (B) of this section.
    (A) The daily average value during any start-up, shutdown or 
malfunction shall not be considered an excursion if the owner or 
operator follows the applicable provisions of the start-up, shutdown, 
and malfunction plan required by a referencing subpart and maintains the 
records specified in paragraph (d)(3) of this section.
    (B) An excused excursion, as described in paragraph (b)(6)(ii), does 
not count toward the number of excursions for the purposes of this 
subpart.
    (ii) One excused excursion for each control device or recovery 
device for each semiannual period is allowed. If a source has developed 
a start-up, shutdown and malfunction plan, and 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 start-up, shutdown, 
and malfunction plan) or during periods of nonoperation of the process 
unit or portion thereof (resulting in cessation of the emissions to 
which monitoring applies), then the excursion is not a violation and, in 
cases where continuous monitoring is required, the excursion does not 
count as the excused excursion for determining compliance.
    (c) Nonflare control and recovery device regulated source monitoring 
records. (1) Monitoring system records. For process vents and high 
throughput transfer racks, the owner or operator subject to this subpart 
shall keep the records specified in this paragraph, as well as records 
specified elsewhere in this subpart.
    (i) For a CPMS used to comply with this part, a record of the 
procedure used for calibrating the CPMS.
    (ii) For a CPMS used to comply with this subpart, records of the 
information specified in paragraphs (c)(ii)(A) through (H) of this 
section, as indicated in a referencing subpart.
    (A) The date and time of completion of calibration and preventive 
maintenance of the CPMS.
    (B) The ``as found'' and ``as left'' CPMS readings, whenever an 
adjustment is made that affects the CPMS reading and a ``no adjustment'' 
statement otherwise.
    (C) The start time and duration or start and stop times of any 
periods when the CPMS is inoperative.
    (D) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of CPMS used to comply with this subpart 
during which excess emissions (as defined in a referencing subpart) 
occur.
    (E) For each start-up, shutdown, and malfunction during which excess 
emissions as defined in a referencing subpart occur, records whether 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 start-up, shutdown, and malfunction plan for the event.
    (F) Records documenting each start-up, shutdown, and malfunction 
event.
    (G) Records of CPMS start-up, shutdown, and malfunction event that 
specify that there were no excess emissions during the event, as 
applicable.
    (H) Records of the total duration of operating time.
    (2) Combustion control and halogen reduction device monitoring 
records. (i) Each owner or operator using a combustion control or 
halogen reduction device to comply with this subpart shall keep the 
following records up-to-

[[Page 1064]]

date and readily accessible, as applicable. Continuous records of the 
equipment operating parameters specified to be monitored under 
Secs. 63.988(c) (incinerator, boiler, and process heater monitoring), 
63.994(c) (halogen reduction device monitoring), and 63.995(c) (other 
combustion systems used as control device monitoring) or approved by the 
Administrator in accordance with a referencing subpart.
    (ii) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in paragraph (b)(3)(i) 
of this section. For catalytic incinerators, record the daily average of 
the temperature upstream of the catalyst bed and the daily average of 
the temperature differential across the bed. For halogen scrubbers 
record the daily average pH and the liquid-to-gas ratio.
    (iii) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded. The 
parameter boundaries are established pursuant to Sec. 63.996(c)(6).
    (3) Monitoring records for recovery devices, absorbers, condensers, 
carbon adsorbers or other noncombustion systems used as control devices. 
(i) Each owner or operator using a recovery device to achieve and 
maintain a TRE index value greater than the control applicability level 
specified in the referencing subpart but less than 4.0 or using an 
absorber, condenser, carbon adsorber or other non-combustion system as a 
control device shall keep readily accessible, continuous records of the 
equipment operating parameters specified to be monitored under 
Secs. 63.990(c) (absorber, condenser, and carbon adsorber monitoring), 
63.993(c) (recovery device monitoring), or 63.995(c) (other 
noncombustion systems used as a control device monitoring) or as 
approved by the Administrator in accordance with a referencing subpart. 
For transfer racks, continuous records are required while the transfer 
vent stream is being vented.
    (ii) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in paragraph (b)(3)(i) 
of this section. If carbon adsorber regeneration stream flow and carbon 
bed regeneration temperature are monitored, the records specified in 
paragraphs (c)(3)(ii)(A) and (B) of this section shall be kept instead 
of the daily averages.
    (A) Records of total regeneration stream mass or volumetric flow for 
each carbon-bed regeneration cycle.
    (B) Records of the temperature of the carbon bed after each 
regeneration and within 15 minutes of completing any cooling cycle.
    (iii) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded. The 
parameter boundaries are established pursuant to Sec. 63.996(c)(6).
    (d) Other records. (1) Closed vent system records. For closed vent 
systems the owner or operator shall record the information specified in 
paragraphs (d)(1)(i) through (iv) of this section, as applicable.
    (i) For closed vent systems collecting regulated material from a 
regulated source, the owner or operator shall record the identification 
of all parts of the closed vent system, that are designated as unsafe or 
difficult to inspect, an explanation of why the equipment is unsafe or 
difficult to inspect, and the plan for inspecting the equipment required 
by Sec. 63.983(b)(2)(ii) or (iii) of this section.
    (ii) 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 keep a record of the information 
specified in either paragraph (d)(1)(ii)(A) or (B) of this section, as 
applicable.
    (A) Hourly records of whether the flow indicator specified under 
Sec. 63.983(a)(3)(i) 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.
    (B) Where a seal mechanism is used to comply with 
Sec. 63.983(a)(3)(ii), hourly

[[Page 1065]]

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 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 been broken.
    (iii) For a closed vent system collecting regulated material from a 
regulated source, when a leak is detected as specified in 
Sec. 63.983(d)(2), the information specified in paragraphs 
(d)(1)(iii)(A) through (F) of this section shall be recorded and kept 
for 5 years.
    (A) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (B) The date the leak was detected and the date of the first attempt 
to repair the leak.
    (C) The date of successful repair of the leak.
    (D) The maximum instrument reading measured by the procedures in 
Sec. 63.983(c) after the leak is successfully repaired or determined to 
be nonrepairable.
    (E) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 days after discovery of the leak. The owner or 
operator may develop a written procedure that identifies the conditions 
that justify a delay of repair. In such cases, reasons for delay of 
repair may be documented by citing the relevant sections of the written 
procedure.
    (F) Copies of the Periodic Reports as specified in Sec. 63.999(c), 
if records are not maintained on a computerized database capable of 
generating summary reports from the records.
    (iv) For each instrumental or visual inspection conducted in 
accordance with Sec. 63.983(b)(1) for closed vent systems collecting 
regulated material from a regulated source during which no leaks are 
detected, the owner or operator shall record that the inspection was 
performed, the date of the inspection, and a statement that no leaks 
were detected.
    (2) Storage vessel and transfer rack records. An owner or operator 
shall keep readily accessible records of the information specified in 
paragraphs (d)(2)(i) and (ii) of this section, as applicable.
    (i) A record of the measured values of the parameters monitored in 
accordance with Sec. 63.985(c) or Sec. 63.987(c).
    (ii) A record of the planned routine maintenance performed on the 
control system during which the control system does not meet the 
applicable specifications of Secs. 63.983(a), 63.985(a), or 63.987(a), 
as applicable, due to the planned routine maintenance. Such a record 
shall include the information specified in paragraphs (d)(2)(ii)(A) 
through (C) of this section. This information shall be submitted in the 
Periodic Reports as specified in Sec. 63.999(c)(4).
    (A) The first time of day and date the requirements of 
Secs. 63.983(a), Sec. 63.985(a), or Sec. 63.987(a), as applicable, were 
not met at the beginning of the planned routine maintenance, and
    (B) The first time of day and date the requirements of 
Secs. 63.983(a), 63.985(a), or 63.987(a), as applicable, were met at the 
conclusion of the planned routine maintenance.
    (C) A description of the type of maintenance performed.
    (3) Regulated source and control equipment start-up, shutdown and 
malfunction records. (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 used to comply with this part during 
which excess emissions (as defined in a referencing subpart) occur.
    (ii) For each start-up, shutdown, and malfunction during which 
excess emissions 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 control device emissions 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

[[Page 1066]]

form of a ``checklist,'' or other form of recordkeeping that confirms 
conformance with the start-up, shutdown, and malfunction plan for the 
event.
    (4) Equipment leak records. The owner or operator shall maintain 
records of the information specified in paragraphs (d)(4)(i) and (ii) of 
this section for closed vent systems and control devices if specified by 
the equipment leak provisions in a referencing subpart. The records 
specified in paragraph (d)(4)(i) of this section shall be retained for 
the life of the equipment. The records specified in paragraph (d)(4)(ii) 
of this section shall be retained for 5 years.
    (i) The design specifications and performance demonstrations 
specified in paragraphs (d)(4)(i)(A) through (C) of this section.
    (A) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (B) The dates and descriptions of any changes in the design 
specifications.
    (C) A description of the parameter or parameters monitored, as 
required in a referencing 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.
    (ii) Records of operation of closed vent systems and control 
devices, as specified in paragraphs (d)(4)(ii)(A) through (C) of this 
section.
    (A) Dates and durations when the closed vent systems and control 
devices required are not operated as designed as indicated by the 
monitored parameters.
    (B) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (C) Dates and durations of start-ups and shutdowns of control 
devices required in this subpart.
    (5) Records of monitored parameters outside of range. The owner or 
operator shall record the occurrences and the cause of periods when the 
monitored parameters are outside of the parameter ranges documented in 
the Notification of Compliance Status report. This information shall 
also be reported in the Periodic Report.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.999  Notifications and other reports.

    (a) Performance test and flare compliance assessment notifications 
and reports. (1) General requirements. General requirements for 
performance test and flare compliance assessment notifications and 
reports are specified in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test or flare compliance assessment 
at least 30 days before such a compliance demonstration is scheduled to 
allow the Administrator the opportunity to have an observer present. If 
after 30 days notice for such an initially scheduled compliance 
demonstration, there is a delay (due to operational problems, etc.) in 
conducting the scheduled compliance demonstration, the owner or operator 
of an affected facility shall notify the Administrator as soon as 
possible of any delay in the original demonstration date. The owner or 
operator shall provide at least 7 days prior notice of the rescheduled 
date of the compliance demonstration, or arrange a rescheduled date with 
the Administrator by mutual agreement.
    (ii) Unless specified differently in this subpart or a referencing 
subpart, performance test and flare compliance assessment reports, not 
submitted as part of a Notification of Compliance Status report, shall 
be submitted to the Administrator within 60 days of completing the test 
or determination.
    (iii) Any application for a waiver of an initial performance test or 
flare compliance assessment, as allowed by Sec. 63.997(b)(2), shall be 
submitted no later than 90 days before the performance test or 
compliance assessment is required. The application for a waiver 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 test.

[[Page 1067]]

    (iv) Any application to substitute a prior performance test or 
compliance assessment for an initial performance test or compliance 
assessment, as allowed by Sec. 63.997(b)(1), shall be submitted no later 
than 90 days before the performance test or compliance test is required. 
The application for substitution shall include information demonstrating 
that the prior performance test or compliance assessment was conducted 
using the same methods specified in Sec. 63.997(e) or Sec. 63.987(b)(3), 
as applicable. The application shall also include information 
demonstrating that no process changes have been made since the test, or 
that the results of the performance test or compliance assessment 
reliably demonstrate compliance despite process changes.
    (2) Performance test and flare compliance assessment report 
submittal and content requirements. Performance test and flare 
compliance assessment reports shall be submitted as specified in 
paragraphs (a)(2)(i) through (iii) of this section.
    (i) For performance tests or flare compliance assessments, the 
Notification of Compliance Status or performance test and flare 
compliance assessment report shall include one complete test report as 
specified in paragraph (a)(2)(ii) of this section for each test method 
used for a particular kind of emission point and other applicable 
information specified in (a)(2)(iii) of this section. For additional 
tests performed for the same kind of emission point using the same 
method, the results and any other information required in applicable 
sections of this subpart 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.
    (iii) The performance test or flare compliance assessment report 
shall also include the information specified in (a)(2)(iii)(A) through 
(C) of this section, as applicable.
    (A) For flare compliance assessments, the owner or operator shall 
submit the records specified in Sec. 63.998(a)(1)(i).
    (B) For nonflare control device and halogen reduction device 
performance tests as required under Secs. 63.988(b), 63.990(b), 
63.994(b), or 63.995(b), also submit the records specified in 
Sec. 63.998(a)(2)(ii), as applicable.
    (C) For recovery devices also submit the records specified in 
Sec. 63.998(a)(3), as applicable.
    (b) Notification of Compliance Status. (1) Routing storage vessel or 
transfer rack emissions to a process or fuel gas system. An owner or 
operator who elects to comply with Sec. 63.982 by routing emissions from 
a storage vessel or transfer rack to a process or to a fuel gas system, 
as specified in Sec. 63.984, shall submit as part of the Notification of 
Compliance Status the information specified in paragraphs (b)(1)(i) and 
(ii), or (iii) of this section, as applicable.
    (i) If storage vessels emissions are routed to a process, the owner 
or operator shall submit the information specified in Sec. 63.984(b)(2) 
and (3).
    (ii) As specified in Sec. 63.984(c), if storage vessels 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. 63.983.
    (iii) As specified in Sec. 63.984(c), report that the transfer rack 
emission stream is being routed to a fuel gas system or process, when 
complying with a referencing subpart.
    (2) Routing storage vessel or low throughput transfer rack emissions 
to a nonflare control device. An owner or operator who elects to comply 
with Sec. 63.982 by routing emissions from a storage vessel or low 
throughput transfer rack to a nonflare control device, as specified in 
Sec. 63.985, shall submit, with the Notification of Compliance Status 
required by a referencing subpart, the applicable information specified 
in paragraphs (b)(2)(i) through (vi) of this

[[Page 1068]]

section. Owners and operators who elect to comply with 
Sec. 63.985(b)(1)(i) by submitting a design evaluation shall submit the 
information specified in paragraphs (b)(2)(i) through (iv) of this 
section. Owners and operators who elect to comply with 
Sec. 63.985(b)(1)(ii) by submitting performance test results from a 
control device for a storage vessel or low throughput transfer rack 
shall submit the information specified in paragraphs (b)(2)(i), (ii), 
(iv), and (v) of this section. Owners and operators who elect to comply 
with Sec. 63.985(b)(1)(ii) by submitting performance test results from a 
shared control device shall submit the information specified in 
paragraph (b)(2)(vi) 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). If continuous records are specified, indicate whether the 
provisions of Sec. 63.999(c)(6) apply.
    (ii) The operating range for each monitoring parameter identified in 
the monitoring plan required by Sec. 63.985(c)(1). The specified 
operating range shall represent the conditions for which the control 
device is being properly operated and maintained.
    (iii) The documentation specified in Sec. 63.985(b)(1)(i), if the 
owner or operator elects to prepare a design evaluation.
    (iv) The provisions of paragraph (c)(6) of this section do not apply 
to any low throughput transfer rack for which the owner or operator has 
elected to comply with Sec. 63.985 or to any storage vessel for which 
the owner or operator is not required, by the applicable monitoring plan 
established under Sec. 63.985(c)(1), to keep continuous records. If 
continuous records are required, the owner or operator shall specify in 
the monitoring plan whether the provisions of paragraph (c)(6) of this 
section apply.
    (v) A summary of the results of the performance test described in 
Sec. 63.985(b)(1)(ii). If such a performance test is conducted, submit 
the results of the performance test, including the information specified 
in Sec. 63.999(a)(2)(ii) and (iii).
    (vi) Identification of the storage vessel or transfer rack and 
control device for which the performance test will be submitted, and 
identification of the emission point(s), if any, that share the control 
device with the storage vessel or transfer rack and for which the 
performance test will be conducted.
    (3) Operating range for monitored parameters. The owner or operator 
shall submit as part of the Notification of Compliance Status, the 
operating range for each monitoring parameter identified for each 
control, recovery, or halogen reduction device as determined pursuant to 
Sec. 63.996(c)(6). The specified operating range shall represent the 
conditions for which the control, recovery, or halogen reduction device 
is being properly operated and maintained. This report shall include the 
information in paragraphs (b)(3)(i) through (iii) of this section, as 
applicable, unless the range and the operating day have been established 
in the operating permit.
    (i) The specific range of the monitored parameter(s) for each 
emission point;
    (ii) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to develop 
the range and a description of why the range indicates proper operation 
of the control, recovery, or halogen reduction device, as specified in 
paragraphs (b)(3)(ii)(A), (B), or (C) of this section, as applicable.
    (A) If a performance test or TRE index value determination is 
required by a referencing subpart for a control, recovery or halogen 
reduction device, the range shall be based on the parameter values 
measured during the TRE index value determination or performance test 
and may be supplemented by engineering assessments and/or manufacturer's 
recommendations. TRE index value determinations and performance testing 
are not required to be conducted over the entire range of permitted 
parameter values.
    (B) If a performance test or TRE index value determination is not 
required by a referencing subpart for a control, recovery, or halogen 
reduction

[[Page 1069]]

device, the range may be based solely on engineering assessments and/or 
manufacturer's recommendations.
    (C) The range may be based on ranges or limits previously 
established under a referencing subpart.
    (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) Halogen reduction device. The owner or operator shall submit as 
part of the Notification of Compliance Status the information recorded 
pursuant to Sec. 63.998(a)(4).
    (5) Alternative recordkeeping. The owner or operator shall notify 
the Administrator in the Notification of Compliance Status if the 
alternative recordkeeping requirements of Sec. 63.998(b)(5) are being 
implemented. If the Notification of Compliance Status has already been 
submitted, the notification must be in the periodic report submitted 
immediately preceding implementation of the alternative, as specified in 
paragraph (c)(6)(iv) of this section.
    (c) Periodic reports. (1) Periodic reports shall include the 
reporting period dates, the total source operating time for the 
reporting period, and, as applicable, all information specified in this 
section and in the referencing subpart, including reports of periods 
when monitored parameters are outside their established ranges.
    (2) For closed vent systems subject to the requirements of 
Sec. 63.983, the owner or operator shall submit as part of the periodic 
report the information specified in paragraphs (c)(2)(i) through (iii) 
of this section, as applicable.
    (i) The information recorded in Sec. 63.998(d)(1)(iii)(B) through 
(E);
    (ii) Reports of the times of all periods recorded under 
Sec. 63.998(d)(1)(ii)(A) when the vent stream is diverted from the 
control device through a bypass line; and
    (iii) Reports of all times recorded under Sec. 63.998(d)(1)(ii)(B) 
when maintenance is performed in car-sealed valves, when the seal is 
broken, when the bypass line valve position is changed, or the key for a 
lock-and-key type configuration has been checked out.
    (3) For flares subject to this subpart, report all periods when all 
pilot flames were absent or the flare flame was absent as recorded in 
Sec. 63.998(a)(1)(i)(C).
    (4) For storage vessels, the owner or operator shall include in each 
periodic report required the information specified in paragraphs 
(c)(4)(i) through (iii) of this section.
    (i) For the 6-month period covered by the periodic report, the 
information recorded in Sec. 63.998(d)(2)(ii)(A) through (C).
    (ii) For the time period covered by the periodic report and the 
previous periodic report, the total number of hours that the control 
system did not meet the requirements of Secs. 63.983(a), 63.985(a), or 
63.987(a) due to planned routine maintenance.
    (iii) A description of the planned routine maintenance during the 
next 6-month periodic reporting period that is anticipated to be 
performed for the control system when it is not expected to meet the 
required control efficiency. This description shall include the type of 
maintenance necessary, planned frequency of maintenance, and expected 
lengths of maintenance periods.
    (5) If a control device other than a flare is used to control 
emissions from storage vessels or low throughput transfer racks, 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 paragraph (b)(3) of 
this section. The description shall include the information specified in 
paragraphs (c)(5)(i) and (ii) of this section.
    (i) Identification of the control device for which the measured 
parameters were outside of the established ranges, and
    (ii) The cause for the measured parameters to be outside of the 
established ranges.
    (6) For process vents and transfer racks (except low throughput 
transfer racks), periodic reports shall include the information 
specified in paragraphs (c)(6)(i) through (iv) of this section.
    (i) Periodic reports shall include the daily average values of 
monitored parameters, calculated as specified in

[[Page 1070]]

Sec. 63.998(b)(3)(i) for any days when the daily average value is 
outside the bounds as defined in Sec. 63.998(c)(2)(iii) or (c)(3)(iii), 
or the data availability requirements defined in paragraphs (c)(6)(i)(A) 
through (D) of this section are not met, whether these excursions are 
excused or unexcused excursions. For excursions caused by lack of 
monitoring data, the duration of periods when monitoring data were not 
collected shall be specified. An excursion means any of the cases listed 
in paragraphs (c)(6)(i)(A) through (C) of this section. If the owner or 
operator elects not to retain the daily average values pursuant to 
Sec. 63.998(b)(5)(ii)(A), the owner or operator shall report this in the 
Periodic Report.
    (A) When the daily average value of one or more monitored parameters 
is outside the permitted range.
    (B) When the period of control 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.
    (C) When the period of control 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.
    (D) Monitoring data are insufficient to constitute a valid hour of 
data as used in paragraphs (c)(6)(i)(B) and (C) of this section, if 
measured values are unavailable for any of the 15-minute periods within 
the hour.
    (ii) Report all carbon-bed regeneration cycles during which the 
parameters recorded under Sec. 63.998(a)(2)(ii)(C) were outside the 
ranges established in the Notification of Compliance Status or in the 
operating permit.
    (iii) The provisions of paragraph (c)(6)(i) and (ii) of this section 
do not apply to any low throughput transfer rack for which the owner or 
operator has elected to comply with Sec. 63.985 or to any storage vessel 
for which the owner or operator is not required, by the applicable 
monitoring plan established under Sec. 63.985(c)(1), 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)(6)(i) and (c)(6)(ii) of this section apply.
    (iv) If the owner or operator has chosen to use the alternative 
recordkeeping requirements of Sec. 63.998(b)(5), and has not notified 
the Administrator in the Notification of Compliance Status that the 
alternative recordkeeping provisions are being implemented as specified 
in paragraph (b)(5) of this section, the owner or operator shall notify 
the Administrator in the Periodic Report submitted immediately preceding 
implementation of the alternative. The notifications specified in 
Sec. 63.998(b)(5)(ii) shall be included in the next Periodic Report 
following the identified event.
    (7) As specified in Sec. 63.997(c)(3), if an owner or operator at a 
facility not required to obtain a title V permit elects at a later date 
to replace an existing control or recovery device with a different 
control or recovery device, then the Administrator shall be notified by 
the owner or operator before implementing the change. This notification 
may be included in the facility's periodic reporting.
    (d) Requests for approval of monitoring alternatives. (1) 
Alternatives to the continuous operating parameter monitoring and 
recordkeeping provisions. Requests for approval to use alternatives to 
continuous operating parameter monitoring and recordkeeping provisions, 
as provided for in Sec. 63.996(d)(1), shall be submitted as specified in 
a referencing subpart, and the referencing subpart will govern the 
review and approval of such requests. The information specified in 
paragraphs (d)(1)(i) and (ii) of this section shall be included.
    (i) A description of the proposed alternative system; and
    (ii) Information justifying the owner or operator's request for an 
alternative method, such as the technical or economic infeasibility, or 
the impracticality, of the regulated source using the required method.
    (2) Monitoring a different parameter than those listed. Requests for 
approval to monitor a different parameter than those established in 
Sec. 63.996(c)(6) of this section or to set unique monitoring 
parameters, as provided for in

[[Page 1071]]

Sec. 63.996(d)(2), shall be submitted as specified as specified in a 
referencing subpart, and the referencing subpart will govern the review 
and approval of such requests. The information specified in paragraphs 
(d)(2)(i) through (iii) of this section shall be included in the 
request.
    (i) 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);
    (ii) A description of the methods and procedures that will be used 
to demonstrate that the parameter indicates proper operation of the 
control device, the schedule for this demonstration, and a statement 
that the owner or operator will establish a range for the monitored 
parameter(s) as part of the Notification of Compliance Status if 
required under a referencing subpart, unless this information has 
already been submitted; and
    (iii) 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 established range will not be included in periodic reports under 
paragraph (c) of this section. The rationale for the proposed 
monitoring, recording, and reporting system shall be included.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



  Subpart TT--National Emission Standards for Equipment Leaks--Control 
                                 Level 1

    Source: 64 FR 34886, June 29, 1999, unless otherwise noted.



Sec. 63.1000  Applicability.

    (a) The provisions of this subpart apply to the control of air 
emissions from equipment leaks for which another subpart references the 
use of this subpart for such air emission control. These air emission 
standards for equipment leaks are placed here for administrative 
convenience and only apply to those owners and operators of facilities 
subject to the referencing subpart. The provisions of 40 CFR part 63 
subpart A (General Provisions) do not apply to this subpart except as 
noted in the referencing subpart.
    (b) [Reserved]
    (c) Exemptions. Paragraphs (c)(1) through (c)(3) delineate equipment 
that is excluded from the requirements of this subpart.
    (1) Equipment in vacuum service. Equipment that is in vacuum service 
is excluded from the requirements of this subpart.
    (2) Equipment in service less than 300 hours per calendar year. 
Equipment that is in regulated material service less than 300 hours per 
calendar year is excluded from the requirements of Secs. 63.1006 through 
63.1015 if it is identified as required in Sec. 63.1003(b)(5).
    (3) Lines and equipment not containing process fluids. Except as 
provided in a referencing subpart, lines and equipment not containing 
process fluids are not subject to the provisions of this subpart. 
Utilities, and other nonprocess 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 or affected 
facility.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.1001  Definitions.

    All terms used in this part shall have the meaning given them in the 
Act and in this section.
    Closed-loop system means an enclosed system that returns process 
fluid to the process and is not vented directly to the atmosphere.
    Closed-purge system means a system or combination of systems 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 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.

[[Page 1072]]

    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic emissions.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipelines or a pipeline 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, ceramic, or ceramic-lined (e.g., porcelain, glass, or 
glass-lined) as described in Sec. 63.1008(d)(2).
    Control device means any combustion device, recovery device, 
recapture device, or any combination of these devices used to comply 
with this part. Such equipment or devices include, but are not limited 
to, absorbers, carbon adsorbers, condensers, incinerators, flares, 
boilers, and process heaters. Primary condensers on steam strippers or 
fuel gas systems are not considered control devices.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, and instrumentation system in regulated material service; and 
any control devices or systems used to comply with this subpart.
    First attempt at repair, for the purposes of this subpart, 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. 63.1004(b) and, as applicable, in Sec. 63.1004(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.
    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 a fuel gas in combustion 
equipment, such as furnaces and gas turbines, either singly or in 
combination.
    In gas or vapor service means that a piece of equipment in regulated 
material service contains a gas or vapor at operating conditions.
    In heavy liquid service means that a piece of equipment in regulated 
material is not in gas or vapor service or in light liquid service.
    In light liquid service means that a piece of equipment in 
regulated-material 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 to definition of ``In light liquid service'': Vapor pressures may 
be determined by standard reference texts or ASTM D-2879.)

    In liquid service means that a piece of equipment in regulated 
material service is not in gas or vapor service.
    In organic hazardous air pollutant or in organic HAP service means 
that a piece of equipment either contains or contracts 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. 
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.
    In regulated material service means, for the purposes of this 
subpart, equipment which meets the definition of ``in VOC service'', 
``in VHAP service'', ``in organic hazardous air pollutant service,'' or 
``in other chemicals or groups of chemicals service'' as defined in the 
referencing subpart.

[[Page 1073]]

    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    Initial startup means for new sources, the first time the source 
begins production. For additions or changes not defined as a new source 
by this subpart, initial startup means the first time additional or 
changed equipment is put into operation. Initial startup does not 
include operation solely for testing of equipment. Initial startup does 
not include subsequent startup of process units following malfunction or 
process unit shutdowns. Except for equipment leaks, initial startup also 
does not include subsequent startups (of process units following changes 
in product for flexible operation units or following recharging of 
equipment in batch unit operations).
    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 1.27 centimeters (0.5 inches) and smaller, and 
connectors nominally 1.91 centimeters (0.75 inches) and smaller in 
diameter are considered instrumentation systems for the purposes of this 
subpart. Valves greater than nominally 1.27 centimeters (0.5 inches) and 
connectors greater than nominally 1.91 centimeters (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 
liquids 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 or affected facility shutdown.
    Open-ended valve or line means any valve, except 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.
    Organic monitoring device means a unit of equipment used to indicate 
the concentration level of organic compounds based on a detection 
principle such as infra-red, photo ionization, or thermal conductivity.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the 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 pounds per square inch gauge or 
by a vacuum are not pressure relief devices.
    Process unit means the equipment specified in the definitions of 
process unit in the applicable referencing subpart. If the referencing 
subpart does not define process unit, then for the purposes of this 
part, process unit means the equipment assembled and connected by pipes 
or ducts to process raw materials and to manufacture an intended 
product.
    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 affected. The following are 
not considered process unit shutdowns:
    (1) An unscheduled work practice or operations procedure that stops 
production from a process unit, or part of a process unit, for less than 
24 hours.
    (2) An unscheduled work practice or operations procedure that would 
stop

[[Page 1074]]

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.
    (3) The use of spare equipment and technically feasible bypassing of 
equipment without stopping production.
    Referencing subpart means the subpart which refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this subpart, refers to gases 
from volatile organic liquids (VOL), volatile organic compounds (VOC), 
hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by the referencing subpart.
    Regulated source for the purposes of this subpart, means the 
stationary source, the group of stationary sources, or the portion of a 
stationary source that is regulated by a referencing subpart.
    Relief device or 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.
    Repaired, for the purposes of this subpart means the following:
    (1) Equipment is adjusted, or otherwise altered, to eliminate a leak 
as defined in the applicable sections of this subpart, and
    (2) Equipment, unless otherwise specified in applicable provisions 
of this subpart, is monitored as specified in Sec. 63.1004(b) and, as 
applicable in Secs. 63.1004(c) and 63.1015 of this part 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 to any enclosed portion of a process unit where the emissions 
are predominantly 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 regulated 
materials and/or incorporated into a product; and /or recovered.
    Sampling connection system means an assembly of equipment within a 
process unit or affected facility used during periods of representative 
operation to take samples of the process fluid. Equipment used to take 
nonroutine grab samples is not considered a sampling connection system.
    Screwed (threaded) 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 into operation of a piece of equipment or 
a control device that is subject to this subpart.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.1002  Compliance assessment.

    (a) General procedures for compliance assessment. Compliance with 
this subpart will be determined by review of the records required by 
Sec. 63.1017 and the reports required by Sec. 63.1018, by review of 
performance test results, and by inspections.
    (b) Alternative means of emission limitation. The provisions of 
paragraph (b) of this section do not apply to the performance standards 
of Sec. 63.1006(e)(4) for valves designated as having no detectable 
emissions, Sec. 63.1011(b) for pressure relief devices, or 
Sec. 63.1012(f) for compressors operating under the alternative 
compressor standard.
    (1) An owner or operator may request a determination of alternative 
means of emission limitation to the requirements of Secs. 63.1005 
through 63.1015 as provided in paragraphs (b)(2) through (b)(6) of this 
section. If the Administrator makes a determination that an

[[Page 1075]]

alternative means of emission limitation is a permissible alternative, 
the owner or operator shall comply with the alternative.
    (2) Permission to use an alternative means of emission limitation 
shall be governed by the following procedures in paragraphs (b)(3) 
through (b)(6) of this section.
    (3) Where the standard is an equipment, design, or operational 
requirement the criteria specified in paragraphs (b)(3)(i) and 
(b)(3)(ii) shall be met.
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying emission performance test data for an 
alternative means of emission limitation.
    (ii) The Administrator will compare test data for the means of 
emission limitation to test data for the equipment, design, and 
operational requirements.
    (4) Where the standard is a work practice the criteria specified in 
paragraphs (b)(4)(i) through (b)(4)(iv) shall be met.
    (i) Each owner or operator applying for permission shall be 
responsible for collecting and verifying test data for an alternative 
means of emission limitation.
    (ii) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the alternative means of emission 
limitation shall be demonstrated.
    (iii) 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.
    (iv) 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.
    (5) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (6) If, in the judgement of the Administrator, an alternative means 
of emission limitation will be approved, the Administrator will publish 
a notice of the determination in the Federal Register.
    (7)(i) Manufacturers of equipment used to control equipment leaks of 
a regulated material may apply to the Administrator for permission for 
an alternative means of emission limitation that achieves a reduction in 
emissions of the regulated material achieved by the equipment, design, 
and operational requirements of this subpart.
    (ii) The Administrator will grant permission according to the 
provisions of paragraphs (b)(3), (b)(4), (b)(5) and (b)(6) of this 
section.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.1003  Equipment identification.

    (a) General equipment identification. Equipment subject to this 
subpart shall be identified. 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, by designation 
of process unit or affected facility boundaries by some form of 
weatherproof identification, or by other appropriate methods.
    (b) Additional equipment identification. In addition to the general 
identification required by paragraph (a) of this section, equipment 
subject to any of the provisions in Secs. 63.1006 to 63.1015 shall be 
specifically identified as required in paragraphs (b)(1) through (b)(5) 
of this section, as applicable.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined 
connectors meeting the provisions of Sec. 63.1008(d)(2) and 
instrumentation systems identified pursuant to paragraph (b)(4) of this 
section, identify the connectors 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.
    (2) Routed to a process or fuel gas system or equipped with a closed 
vent system and control device. Identify the equipment that the owner or 
operator elects to route to a process or fuel gas system

[[Page 1076]]

or equip with a closed vent system and control device, under the 
provisions of Sec. 63.1007(e)(3) (pumps in light liquid service), 
Sec. 63.1009(e)(3) (agitators in gas and vapor service and in light 
liquid service), Sec. 63.1011(d) (pressure relief devices in gas and 
vapor service), Sec. 63.1012(e) (compressors), or Sec. 63.1016 
(alternative means of emission limitation for enclosed vented process 
units) of this subpart.
    (3) Pressure relief devices. Identify the pressure relief devices 
equipped with rupture disks, under the provisions of Sec. 63.1011(e) of 
this subpart.
    (4) Instrumentation systems. Identify instrumentation systems 
subject to the provisions of Sec. 63.1010 of this subpart. Individual 
components in an instrumentation system need not be identified.
    (5) Equipment in service less than 300 hours per calendar year. The 
identity, either by list, location (area or group), or other method, of 
equipment in regulated material service less than 300 hours per calendar 
year within a process unit or affected facilities subject to the 
provisions of this subpart shall be recorded.
    (c) Special equipment designations: Equipment that is unsafe or 
difficult-to-monitor. (1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 63.1006(e)(1), pumps 
meeting the provisions of Sec. 63.1007(e)(5), connectors meeting the 
provisions of Sec. 63.1008(d)(1), and agitators meeting the provisions 
of Sec. 63.1009(e)(7) may be designated unsafe-to-monitor if the owner 
or operator determines that monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with the monitoring 
requirements of this subpart. Examples of an unsafe-to-monitor equipment 
include, but is not limited to, equipment under extreme pressure or 
heat.
    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec. 63.1006(e)(2) may be designated 
difficult-to-monitor if the provisions of paragraph (c)(2)(i) of this 
section apply. Agitators meeting the provisions of Sec. 63.1009(f)(5) 
may be designated difficult-to-monitor if the provisions of paragraph 
(c)(2)(ii) apply.
    (i) Valves. (A) The owner or operator of the valve determines that 
the equipment cannot be monitored without elevating the monitoring 
personnel more than 2 meters (7 feet) above a support surface or it is 
not accessible in a safe manner when it is in regulated material 
service.
    (B) The process unit or affected facility 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.
    (ii) Agitators. The owner or operator determines that the agitator 
cannot be monitored without elevating the monitoring personnel more than 
2 meters (7 feet) above a support surface or it is not accessible in a 
safe manner when it is in regulated material service.
    (3) [Reserved]
    (4) Identification of unsafe or difficult-to-monitor equipment. The 
owner or operator shall record the identity of equipment designated as 
unsafe-to-monitor according to the provisions of paragraph (c)(1) of 
this section and the planned schedule for monitoring this equipment. The 
owner or operator shall record the identity of equipment designated as 
difficult-to-monitor according to the provisions of paragraph (c)(2) of 
this section, the planned schedule for monitoring this equipment, and an 
explanation why the equipment is difficult-to-monitor. This record must 
be kept at the plant and be available for review by an inspector.
    (5) Written plan requirements. (i) The owner or operator of 
equipment designated as unsafe-to-monitor except connectors meeting the 
provisions of Sec. 63.1008(d)(1) according to the provisions of 
paragraph (c)(1) of this section shall have a written plan that requires 
monitoring of the equipment as frequently as practical during safe-to-
monitor times, but not more frequently than the periodic monitoring 
schedule otherwise applicable, and repair of the equipment according to 
the procedures in Sec. 63.1005 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section 
shall

[[Page 1077]]

have a written plan that requires monitoring of the equipment at least 
once per calendar year, and repair of the equipment according to the 
procedures in Sec. 63.1005 if a leak is detected.
    (d) Special equipment designations: Unsafe-to-repair. (1) 
Designation and criteria. Connectors subject to the provisions of 
Sec. 63.1005(e) may be considered unsafe-to-repair if the owner or 
operator determines that repair personnel would be exposed to an 
immediate danger as a consequence of complying with the repair 
requirements of this subpart, and if the connector will be repaired 
before the end of the next process unit or affected facility shutdown as 
specified in Sec. 63.1005(e) of this subpart.
    (2) Identification of equipment. The identity of connectors 
designated as unsafe-to-repair and an explanation why the connector is 
unsafe-to-repair shall be recorded.
    (e) Special equipment designations: Equipment operating with no 
detectable emissions. (1) Designation and criteria. Equipment may be 
designated as having no detectable emissions if it has no external 
actuating mechanism in contact with the process fluid and is operated 
with emissions less than 500 parts per million above background as 
determined by the method specified in Sec. 63.1004(b) and (c).
    (2) Identification of equipment. The identity of equipment 
designated as no detectable emissions shall be recorded.
    (3) Identification of compressors operating under no detectable 
emissions. Identify the 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. 63.1012(f).

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.1004  Instrument and sensory monitoring for leaks.

    (a) Monitoring for leaks. The owner or operator of a regulated 
source subject to this subpart shall monitor all regulated equipment as 
specified in paragraph (a)(1) of this section for instrument monitoring 
and paragraph (a)(2) of this section for sensory monitoring.
    (1) Instrument monitoring for leaks. (i) Valves in gas and vapor 
service and in light liquid service shall be monitored pursuant to 
Sec. 63.1006(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to 
Sec. 63.1007(b).
    (iii) Connectors in gas and vapor service and in light liquid 
service shall be monitored pursuant to Sec. 63.1008(b).
    (iv) Agitators in gas and vapor service and in light liquid service 
shall be monitored pursuant to Sec. 63.1009(b).
    (v) Pressure relief devices in gas and vapor service shall be 
monitored pursuant to Sec. 63.1011(c).
    (vi) Compressors designated to operate with an instrument reading 
less than 500 parts per million as described in Sec. 63.1003(e), shall 
be monitored pursuant to Sec. 63.1012(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service 
shall be observed pursuant to Sec. 63.1007(b)(3) and (e)(1)(v).
    (ii) [Reserved]
    (iii) Agitators in gas and vapor service and in light liquid service 
shall be observed pursuant to Sec. 63.1009(b)(3) or (e)(1)(iv).
    (iv) [Reserved]
    (b) Instrument monitoring methods. Instrument monitoring, as 
required under this subpart, shall comply with the requirements 
specified in paragraphs (b)(1) through (b)(6) of this section.
    (1) Monitoring method. Monitoring shall comply with Method 21 of 40 
CFR part 60, appendix A.
    (2) Detection instrument performance criteria. (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 representative 
composition of the process fluid, and not for each individual HAP, VOC 
or other regulated material individual chemical compound in the stream. 
For process streams that contain nitrogen, air, water, or other inerts 
that are not regulated materials, the representative stream response 
factor shall be calculated on an inert-free basis. The response factor 
may be determined at

[[Page 1078]]

any concentration for which monitoring for leaks will be conducted.
    (ii) If there is no instrument commercially available 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 
representative response factor of the process fluid, calculated on an 
inert-free basis as described in paragraph (b)(2)(i) of this section.
    (3) Detection instrument calibration procedure. 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) Detection instrument calibration gas. Calibration gases shall be 
zero air (less than 10 parts per million of hydrocarbon in air); and a 
mixture of methane in air at a concentration of approximately, but less 
than, 10,000 parts per million; or a mixture of n-hexane in air at a 
concentration of approximately, but less than, 10,000 parts per million. 
A calibration gas other than methane in air or n-hexane in air may be 
used if the instrument does not respond to methane or n-hexane 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 compounds to be measured in air.
    (5) Monitoring performance. Monitoring shall be performed when the 
equipment is in regulated material service or is in use with any other 
detectable material.
    (6) Monitoring data. Monitoring data obtained prior to the regulated 
source becoming subject to the referencing subpart that do not meet the 
criteria specified in paragraphs (b)(1) through (b)(5) of this section 
may still be used to initially qualify for less frequent monitoring 
under the provisions in Sec. 63.1006(a)(2), (b)(3) or (b)(4) for valves 
provided the departures from the criteria specified or from the 
specified monitoring frequency of Sec. 63.1006(b)(3) 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 the 
referencing subpart. Failure to use a calibrated instrument is not 
considered a minor departure.
    (c) Instrument monitoring using background adjustments. The owner or 
operator may elect to adjust or not to adjust the instrument readings 
for background. If an owner or operator elects not to adjust instrument 
readings for background, the owner or operator shall monitor the 
equipment according to the procedures specified in paragraphs (b)(1) 
through (b)(5) of this section. In such case, all instrument readings 
shall be compared directly to the applicable leak definition for the 
monitored equipment to determine whether there is a leak or to determine 
compliance with Sec. 63.1011(b) (pressure relief devices in gas and 
vapor service) or Sec. 63.1012(f) (compressors). 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 (b)(5) of this 
section shall apply.
    (2) The background level shall be determined, using the procedures 
in Method 21 of 40 CFR part 60, appendix A.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible (as described in 
Method 21 of 40 CFR part 60, appendix A).
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
to the applicable leak definitions for the monitored equipment to 
determine whether there is a leak or to determine compliance with 
Sec. 63.1011(b) (pressure relief devices in gas and vapor service) or 
Sec. 63.1012(f) (compressors).
    (d) Sensory monitoring methods. Sensory monitoring, as required 
under this

[[Page 1079]]

subpart, shall consist of detection of a potential leak to the 
atmosphere by visual, audible, olfactory, or any other detection method.
    (e) Leaking equipment identification and records. (1) When each leak 
is detected pursuant to the monitoring specified in paragraph (a) of 
this section, a weatherproof and readily visible identification, marked 
with the equipment identification, shall be attached to the leaking 
equipment.
    (2) When each leak is detected, the information specified in 
Sec. 63.1005(e) shall be recorded and kept pursuant to the referencing 
subpart.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec. 63.1005  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each 
leak detected no later than 15 calendar days after it is detected, 
except as provided in paragraphs (c) and (d) of this section. A first 
attempt at repair shall be made no later than 5 calendar days after the 
leak is detected. First attempt at repair for pumps includes, but is not 
limited to, tightening the packing gland nuts and/or ensuring that the 
seal flush is operating at design pressure and temperature. First 
attempt at repair for valves includes, but is not limited to, tightening 
the bonnet bolts, and/or replacing the bonnet bolts, and/or tightening 
the packing gland nuts, and/or injecting lubricant into the lubricated 
packing.
    (b) Leak identification removal. (1) Valves in gas/vapor and light 
liquid service. The leak identification on a valve in gas/vapor or light 
liquid service may be removed after it has been monitored as specified 
in Sec. 63.1006(b), and no leak has been detected during that 
monitoring. The leak identification on a connector in gas/vapor or light 
liquid service may be removed after it has been monitored as specified 
in Sec. 63.1008(b) and no leak has been detected during that monitoring.
    (2) Other equipment. The identification that has been placed, 
pursuant to Sec. 63.1004(e), on equipment determined to have a leak, 
except for a valve in gas/vapor or light liquid service, may be removed 
after it is repaired.
    (c) Delay of repair. Delay of repair can be used as specified in any 
of paragraphs (c)(1) through (c)(5) of this section. The owner or 
operator shall maintain a record of the facts that explain any delay of 
repairs and, where appropriate, why the repair was technically 
infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected 
is allowed if the repair is technically infeasible without a process 
unit or affected facility shutdown within 15 days after a leak is 
detected. Repair of this equipment shall occur as soon as practical, but 
not later than by the end of the next process unit or affected facility 
shutdown, except as provided in paragraph (c)(5) of this section.
    (2) 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 regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also 
allowed if the criteria specified in paragraphs (c)(3)(i) and (c)(3)(ii) 
are met.
    (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 effected, the purged material is 
collected and destroyed, or recovered in a control or recovery device, 
or routed to a fuel gas system or process complying with Sec. 63.1015 or 
Sec. 63.1002(b) of this part.
    (4) Delay of repair for pumps is allowed if the criteria specified 
in paragraphs (c)(4)(i) and (c)(4)(ii) are met.
    (i) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined will provide better 
performance or one of the specifications of paragraphs (c)(4)(i)(A) 
through (c)(4)(i)(C) of this section are met.
    (A) A dual mechanical seal system that meets the requirements of 
Sec. 63.1007(e)(1) will be installed,
    (B) A pump that meets the requirements of Sec. 63.1007(e)(2) will be 
installed; or
    (C) A system that routes emissions to a process or a fuel gas system 
or a

[[Page 1080]]

closed vent system and control device that meets the requirements of 
Sec. 63.1007(e)(3) will be installed.
    (ii) Repair is to be completed as soon as practical, but not later 
than 6 months after the leak was detected.
    (5) Delay of repair beyond a process unit or affected facility 
shutdown will be allowed for a valve if valve assembly replacement is 
necessary during the process unit or affected facility shutdown, and 
valve assembly supplies have been depleted, and valve assembly supplies 
had been sufficiently stocked before the supplies were depleted. Delay 
of repair beyond the second process unit or affected facility shutdown 
will not be allowed unless the third process unit or affected facility 
shutdown occurs sooner than 6 months after the first process unit or 
affected facility shutdown.
    (d) Unsafe-to-repair connectors. Any connector that is designated, 
as described in Sec. 63.1003(d), as an unsafe-to-repair connector is 
exempt from the requirements of Sec. 63.1008(c), and paragraph (a) of 
this section.
    (e) Leak repair records. For each leak detected, the information 
specified in paragraphs (e)(1) through (e)(5) of this section shall be 
recorded and maintained pursuant to the referencing subpart.
    (1) The date of first attempt to repair the leak.
    (2) The date of successful repair of the leak.
    (3) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A at the time the leak is successfully repaired or 
determined to be nonrepairable.
    (4) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak as 
specified in paragraphs (e)(4)(i) and (e)(4)(ii) of this section.
    (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, and 
malfunction plan, as required by the referencing subpart 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.
    (5) Dates of process unit or affected facility shutdowns that occur 
while the equipment is unrepaired.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec. 63.1006  Valves in gas and vapor service and in light liquid service standards.

    (a) Compliance schedule. (1) The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (2) The use of monitoring data generated before the regulated source 
became subject to the referencing subpart to initially qualify for less 
frequent monitoring is governed by the provisions of Sec. 63.1004(b)(6).
    (b) Leak detection. Unless otherwise specified in Sec. 63.1002(b), 
or Sec. 63.1016, or in paragraph (e) of this section, or the referencing 
subpart, the owner or operator shall monitor all valves at the intervals 
specified in paragraphs (b)(3) through (b)(6) of this section and shall 
comply with all other provisions of this section.
    (1) Monitoring method. The valves shall be monitored to detect leaks 
by the method specified in Sec. 63.1004(b) and (c).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 10,000 parts per million or greater.
    (3) Monitoring period. (i) Each valve shall be monitored monthly to 
detect leaks, except as provided in paragraphs (b)(3)(ii), (e)(1), 
(e)(2), and (e)(4) of this section. An owner or operator may otherwise 
elect to comply with one of the alternative standards in paragraphs 
(b)(5) or (b)(6) of this section as specified in paragraph (b)(4) of 
this section.
    (ii)(A) Any valve for which a leak is not detected for 2 successive 
months may be monitored the same month (first, second, or third month) 
of every quarter, beginning with the next quarter, until a leak is 
detected. The first quarterly monitoring shall occur less

[[Page 1081]]

than 3 months following the last monthly monitoring.
    (B) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for 2 successive months.
    (C) For purposes of paragraph (b) of this section, quarter means a 
3-month period with the first quarter concluding on the last day of the 
last full month during the 180 days following initial startup.
    (4) Allowance of alternative standards. An owner or operator may 
elect to comply with one of the alternatives specified in either 
paragraph (b)(5) or (b)(6) of this section if the percentage of valves 
leaking is equal to or less than 2.0 percent as determined by the 
procedure in paragraph (c) of this section. An owner or operator must 
notify the Administrator before implementing one of the alternatives 
specified in either paragraph (b)(5) or (b)(6) of this section.
    (5) Allowable percentage alternative. An owner or operator choosing 
to comply with the allowable percentage alternative shall have an 
allowable percentage of leakers no greater than 2.0 percent for each 
affected facility or process unit and shall comply with paragraphs 
(b)(5)(i) and (b)(5)(ii) of this section.
    (i) A compliance demonstration for each affected facility or process 
unit or affected facility complying with this alternative shall be 
conducted initially upon designation, annually, and at other times 
requested by the Administrator. For each such demonstration, all valves 
in gas and vapor and light liquid service within the affected facility 
or process unit shall be monitored within 1 week by the methods 
specified in Sec. 63.1004(b). If an instrument reading exceeds the 
equipment leak level specified in the referencing subpart, a leak is 
detected. The leak percentage shall be calculated as specified in 
paragraph (c) of this section.
    (ii) If an owner or operator decides no longer to comply with this 
alternative, the owner or operator must notify the Administrator in 
writing that the work practice standard described in paragraph (b)(3) of 
this section will be followed.
    (6) Skip period alternatives. An owner or operator may elect to 
comply with one of the alternative work practices specified in 
paragraphs (b)(6)(i) or (b)(6)(ii) of this section. An owner or operator 
electing to use one of these skip period alternatives shall comply with 
paragraphs (b)(6)(iii) and (b)(6)(iv) of this section. Before using 
either skip period alternative, the owner or operator shall initially 
comply with the requirements of paragraph (b)(3) of this section. 
Monitoring data generated before the regulated source became subject to 
the referencing subpart that meets the criteria of either 
Sec. 63.1004(b)(1) through (b)(5), or Sec. 63.1004(b)(6), may be used to 
initially qualify for skip period alternatives.
    (i) After 2 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0 as determined by the 
procedure in paragraph (c) of this section, an owner or operator may 
begin to monitor for leaks once every 6 months.
    (ii) After 5 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0 as determined by the 
procedure in paragraph (c) of this section, an owner or operator may 
begin to monitor for leaks once every year.
    (iii) If the percent of valves leaking is greater than 2.0, the 
owner or operator shall comply with paragraph (b)(3) of this section, 
but can elect to comply with paragraph (b)(6) of this section if future 
percent of valves leaking is again equal to or less than 2.0.
    (iv) The owner or operator shall keep a record of the monitoring 
schedule and the percent of valves found leaking during each monitoring 
period.
    (c) Percent leaking valves calculation--calculation basis and 
procedures. (1) The owner or operator shall decide no later than the 
compliance date of this subpart, or upon revision of an operating permit 
whether to calculate percent leaking valves on a process unit or group 
of process units basis. Once the owner or operator has decided, all 
subsequent percentage calculations shall be made on the same basis and 
this shall be the basis used for comparison with the subgrouping 
criteria specified in paragraph (b)(5)(i) of this section.

[[Page 1082]]

    (2) The percent of valves leaking shall be determined by dividing 
the sum of valves found leaking during current monitoring and valves for 
which repair has been delayed by the total number of valves subject to 
the requirements of this section.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph 
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired 
using the procedures in Sec. 63.1005, as applicable.
    (2) After a leak determined pursuant to paragraph (b) or (e)(2) of 
this section has been repaired, the valve shall be monitored at least 
once within the first 3 months after its repair. The monitoring required 
by this paragraph is in addition to the monitoring required to satisfy 
the definition of repair.
    (i) The monitoring shall be conducted as specified in 
Sec. 63.1004(b) and (c), as appropriate, to determine whether the valve 
has resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section 
may be used to satisfy the requirements of this paragraph, if the timing 
of the monitoring period coincides with the time specified in this 
paragraph. Alternatively, other monitoring may be performed to satisfy 
the requirements of this paragraph, regardless of whether the timing of 
the monitoring period for periodic monitoring coincides with the time 
specified in this paragraph.
    (iii) If a leak is detected by monitoring that is conducted pursuant 
to paragraph (d)(2) of this section, the owner or operator shall follow 
the provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) of this 
section, to determine whether that valve must be counted as a leaking 
valve for purposes of paragraph (c) of this section.
    (A) If the owner or operator elected to use periodic monitoring 
required by paragraph (b) of this section to satisfy the requirements of 
paragraph (d)(2) 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 paragraph (b) of this section, to 
satisfy the requirements of paragraph (d)(2) 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.
    (e) Special provisions for valves. (1) Unsafe-to-monitor valves. Any 
valve that is designated, as described in Sec. 63.1003(c)(1), as an 
unsafe-to-monitor valve, is exempt from the monitoring requirements of 
paragraph (b) of this section, and the owner or operator shall monitor 
the valve according to the written plan specified in Sec. 63.1003(c)(5).
    (2) Difficult-to-monitor. Any valve that is designated, as described 
in Sec. 63.1003(c)(2), as a difficult-to-monitor valve, is exempt from 
the requirements of paragraph (b) of this section, and the owner or 
operator shall monitor the valve according to the written plan specified 
in Sec. 63.1003(c)(5).
    (3) Less than 250 valves. Any equipment located at a plant site with 
fewer than 250 valves in regulated material service is exempt from the 
monthly monitoring specified in paragraph (b)(3)(i) of this section. 
Instead, the owner or operator shall monitor each valve in regulated 
material service for leaks once each quarter, or comply with paragraphs 
(b)(3)(ii)(A), (b)(3)(ii)(B), or (b)(3)(ii)(C) of this section except as 
provided in paragraphs (e)(1) and (e)(2) of this section.
    (4) No detectable emissions. (i) Any valve that is designated, as 
described in Sec. 63.1003(e), as having no detectable emissions is 
exempt from the requirements of paragraphs (b) through (c) of this 
section if the owner or operator meets the criteria specified in 
paragraphs (e)(4)(i)(A) and (e)(4)(i)(B) of this section.
    (A) Tests the valve for operation with emissions less than 500 parts 
per million above background as determined by the method specified in 
Sec. 63.1004(c) initially upon designation, annually, and at other times 
requested by the Administrator, and
    (B) Records the dates of each compliance demonstration, the 
background level measured during each compliance test, and the maximum 
instrument reading measured at the equipment during each compliance 
test.
    (ii) A valve may not be designated or operated for no detectable 
emissions, as described in Sec. 63.1003(e), if the valve

[[Page 1083]]

has an instrument reading greater than 500 parts per million above 
background.



Sec. 63.1007  Pumps in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance date specified in the 
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec. 63.1002(b), 
or Sec. 63.1016 of this subpart or paragraph (e) of this section, the 
owner or operator shall monitor each pump monthly to detect leaks and 
shall comply with all other provisions of this section.
    (1) Monitoring method. The pumps shall be monitored to detect leaks 
by the method specified in Sec. 63.1004(b) of this subpart.
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 10,000 parts per million.
    (3) Visual inspection. Each pump shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal. The owner or operator shall document that the inspection 
was conducted and the date of the inspection. If there are indications 
of liquids dripping from the pump seal, a leak is detected. Unless the 
owner or operator demonstrates (e.g., through instrument monitoring) 
that the indications of liquids dripping are due to a condition other 
than process fluid drips, the leak shall be repaired according to the 
procedures of paragraph (b)(4) of this section.
    (4) Visual inspection: Leak repair. Where a leak is identified by 
visual indications of liquids dripping, repair shall mean that the 
visual indications of liquids dripping have been eliminated.
    (c) Percent leaking pumps calculation. (1) The owner or operator 
shall decide no later than the compliance date of this part or upon 
revision of an operating permit whether to calculate percent leaking 
pumps on a process unit basis or group of process units basis. Once the 
owner or operator has decided, all subsequent percentage calculations 
shall be made on the same basis.
    (2) The number of pumps at a process unit shall be the sum of all 
the pumps in regulated material service, except that pumps found leaking 
in a continuous process unit or within 1 month after startup of the pump 
shall not count in the percent leaking pumps calculation for that one 
monitoring period only.
    (3) Percent leaking pumps shall be determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.009

Where:

%PL = Percent leaking pumps
PL = Number of pumps found leaking as determined through 
          monthly monitoring as required in paragraph (b) of this 
          section. Do not include results from inspection of unsafe-to-
          monitor pumps pursuant to paragraph (e)(6) of this section.
PT = Total pumps in regulated material service, including 
          those meeting the criteria in paragraphs (e)(1), (e)(2), 
          (e)(3), and (e)(6) of this section.
PS = Number of pumps leaking within 1 month of start-up 
          during the current monitoring period.

    (d) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec. 63.1005, as applicable, unless otherwise specified in paragraph 
(b)(4) of this section for leaks identified by visual indications of 
liquids dripping.
    (e) Special provisions for pumps. (1) Dual mechanical seal pumps. 
Each pump equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (b) of 
this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(viii) of this section are met.
    (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

[[Page 1084]]

system, or both. The owner or operator shall keep records at the plant 
of the design criteria and an explanation of the design criteria, and 
any changes to these criteria and the reasons for the changes. This 
record must be available for review by an inspector.
    (ii) Each dual mechanical seal system shall meet the requirements 
specified in paragraphs (e)(1)(ii)(A) through (e)(1)(ii)(C) of this 
section.
    (A) Each dual mechanical seal system is operated with the barrier 
fluid at a pressure that is at all times (except periods of startup, 
shutdown, or malfunction) greater than the pump stuffing box pressure; 
or
    (B) 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 subpart SS of 
this part; or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (iii) The barrier fluid is not in light liquid service.
    (iv) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (v) Each pump is checked by visual inspection each calendar week for 
indications of liquids dripping from the pump seal. The owner or 
operator shall document that the inspection was conducted and the date 
of the inspection. If there are indications of liquids dripping from the 
pump seal at the time of the weekly inspection, the owner or operator 
shall follow the procedure specified in either paragraph (e)(1)(v)(A) or 
(e)(1)(v)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the pump as specified in 
Sec. 63.1004(b) to determine if there is a leak of regulated material in 
the barrier fluid; if an instrument reading of 10,000 parts per million 
or greater is measured, a leak is detected and shall be repaired using 
the procedures in Sec. 63.1005; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (vi) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (e)(1)(i) of this section, or if 
based on the criteria established in paragraph (e)(1)(i) of this section 
the sensor indicates failure of the seal system, the barrier fluid 
system, or both, a leak is detected.
    (vii) Each sensor as described in paragraph (e)(1)(iv) 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.
    (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of 
this section, it shall be repaired as specified in Sec. 63.1005.
    (2) No external shaft. Any pump that is designed with no externally 
actuated shaft penetrating the pump housing is exempt from the 
requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed 
vent system. Any pump that is routed to a process or a fuel gas system 
or equipped with a closed vent system that captures and transports 
leakage from the pump to a control device meeting the requirements of 
Sec. 63.1015 is exempt from requirements of paragraph (b) of this 
section.
    (4) Unmanned plant site. 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)(1)(v) of this 
section, and the daily requirements of paragraph (e)(1)(vii) of this 
section, provided that each pump is visually inspected as often as 
practical and at least monthly.
    (5) Unsafe-to-monitor pumps. Any pump that is designated, as 
described in Sec. 63.1003(c)(1), as an unsafe-to-monitor pump is exempt 
from the requirements of paragraph (b) of this section and the 
requirements of Sec. 63.1005 and the owner or operator shall monitor the 
pump according to the written plan specified in Sec. 63.1003(c)(5).



Sec. 63.1008  Connectors in gas and vapor service and in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec. 63.1002(b), 
or Sec. 63.1016 of

[[Page 1085]]

this subpart, or the referencing subpart, the owner or operator shall 
monitor all connectors within 5 days by the method specified in 
Sec. 63.1004(b) if evidence of a potential leak is found by visual, 
audible, olfactory, or any other detection method. No monitoring is 
required if the evidence of a potential leak is eliminated within 5 
days. If an instrument reading of 10,000 parts per million or greater is 
measured, a leak is detected.
    (c) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec. 63.1005, as applicable.
    (d) Special provisions for connectors. (1) Unsafe-to-monitor 
connectors. Any connector that is designated, as described in 
Sec. 63.1003(c)(1), as an unsafe-to-monitor connector is exempt from the 
requirements of paragraph (b) of this section and the owner or operator 
shall monitor according to the written plan specified in 
Sec. 63.1003(c)(5).
    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any 
connector that is inaccessible or that is ceramic or ceramic-lined 
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring 
requirements of paragraph (b) of this section, the leak repair 
requirements of paragraph (c) of this section, and the recordkeeping and 
reporting requirements of Sec. 63.1017 and Sec. 63.1018. An inaccessible 
connector is a connector that meets any of the provisions specified in 
paragraphs (d)(2)(i)(A) through (d)(2)(i)(F) of this section, as 
applicable.
    (A) Buried;
    (B) Insulated in a manner that prevents access to the connector by a 
monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe; or
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters (25 
feet) above the ground.
    (E) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters (7 feet) above a permanent support surface 
or would require the erection of scaffold;
    (F) 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.
    (ii) If any inaccessible ceramic or ceramic-lined connector is noted 
to have a leak by visual, audible, olfactory, or other means, the leak 
to the atmosphere shall be eliminated as soon as practical.



Sec. 63.1009  Agitators in gas and vapor service and in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. (1) Monitoring method. Each agitator seal shall 
be monitored monthly to detect leaks by the methods specified in 
Sec. 63.1004(b), or Sec. 63.1016, except as provided in Sec. 63.1002(b) 
or in paragraph (e) of this section.
    (2) Instrument reading that defines a leak. If an instrument reading 
equivalent of 10,000 parts per million or greater is measured, a leak is 
detected.
    (3) Visual inspection. Each agitator seal shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the agitator seal. The owner or operator shall document that the 
inspection was conducted and the date of the inspection. If there are 
indications of liquids dripping from the agitator seal, the owner or 
operator shall follow the procedures specified in paragraphs (b)(3)(i) 
and (b)(3)(ii) of this section prior to the next required inspection.
    (i) The owner or operator shall monitor the agitator seal as 
specified in Sec. 63.1004(b) to determine if there is a leak of 
regulated material. If an instrument reading of 10,000 parts per million 
or greater is measured, a leak is detected, and it shall be repaired 
using the procedures in paragraph (d) of this section;

[[Page 1086]]

    (ii) The owner or operator shall eliminate the indications of 
liquids dripping from the agitator seal.
    (c) [Reserved]
    (d) Leak repair. If a leak is detected, then the leak shall be 
repaired using the procedures in Sec. 63.1005, as applicable.
    (e) Special provisions for agitators. (1) Dual mechanical seal. Each 
agitator equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (b) of 
this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(vi) of this section are met.
    (i) Each dual mechanical seal system shall meet the applicable 
requirement specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or 
(e)(1)(i)(C) of this section.
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except during periods of startup, shutdown, or malfunction) 
greater than the agitator stuffing box pressure; or
    (B) 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 meets the requirements of Sec. 63.1015; or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator 
seal. If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the owner or operator shall 
follow the procedure specified in either paragraph (e)(1)(iv)(A) or 
(e)(1)(iv)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the agitator seal shall as 
specified in Sec. 63.1004(b) to determine the presence of regulated 
material in the barrier fluid. If an instrument reading of 10,000 parts 
per million or greater is measured, a leak is detected and it shall be 
repaired using the procedures in Sec. 63.1005; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (v) Each sensor as described in paragraph (e)(1)(iii) of this 
section is observed daily or is equipped with an alarm unless the 
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system shall 
meet the requirements specified in paragraphs (e)(1)(vi)(A) through 
(e)(1)(vi)(D).
    (A) The owner or operator shall determine, 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.
    (B) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (C) If indications of liquids dripping from the agitator seal exceed 
the criteria established in paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B) 
of this section, or if, based on the criteria established in paragraphs 
(e)(1)(vi)(A) and (e)(1)(vi)(B) of this section, the sensor indicates 
failure of the seal system, the barrier fluid system, or both, a leak is 
detected.
    (D) When a leak is detected, it shall be repaired using the 
procedures in Sec. 63.1005.
    (2) No external shaft. Any agitator that is designed with no 
externally actuated shaft penetrating the agitator housing is exempt 
from the requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed 
vent system. Any agitator that is routed to a process or fuel gas system 
or equipped with a closed vent system that captures and transports 
leakage from the agitator to a control device meeting the requirements 
of Sec. 63.1015 is exempt from the monitoring requirements of paragraph 
(b) of this section.
    (4) Unmanned plant site. Any agitator that is located within the 
boundary of

[[Page 1087]]

an unmanned plant site is exempt from the weekly visual inspection 
requirement of paragraphs (b)(3) and (e)(1)(iv) of this section, and the 
daily requirements of paragraph (e)(1)(v) of this section, provided that 
each agitator is visually inspected as often as practical and at least 
monthly.
    (5) Difficult-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1003(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (b) 
of this section and the owner or operator shall monitor the agitator 
seal according to the written plan specified in Sec. 63.1003(c)(5).
    (6) Equipment obstructions. Any agitator seal that is obstructed by 
equipment or piping that prevents access to the agitator by a monitor 
probe is exempt from the monitoring requirements of paragraph (b) of 
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1003(c)(1), as an unsafe-to-monitor 
agitator seal is exempt from the requirements of paragraph (b) of this 
section and the owner or operator of the agitator seal monitors the 
agitator seal according to the written plan specified in 
Sec. 63.1003(c)(5).



Sec. 63.1010  Pumps, valves, connectors, and agitators in heavy liquid service; pressure relief devices in liquid service; and instrumentation systems 
          standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. (1) Monitoring method. Unless otherwise 
specified in Sec. 63.1002(b), or Sec. 63.1016, the owner or operator 
shall comply with paragraphs (b)(1) and (b)(2) of this section. 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. 63.1004(b) 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 
paragraph (c) of this section, it is not necessary to monitor the system 
for leaks by the method specified in Sec. 63.1004(b).
    (2) Instrument reading that defines a leak. For systems monitored by 
the method specified in Sec. 63.1004(b), if an instrument reading of 
10,000 parts per million or greater is measured, a leak is detected. If 
a leak is detected, it shall be identified pursuant to Sec. 63.1004(e) 
and repaired pursuant to Sec. 63.1005.
    (c) Leak repair. If a leak is determined pursuant to this section, 
then the leak shall be repaired using the procedures in Sec. 63.1005, as 
applicable. For equipment identified in paragraph (b) of this section 
that is not monitored by the method specified in Sec. 63.1004(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.



Sec. 63.1011  Pressure relief devices in gas and vapor service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Compliance standard. Except during pressure releases as provided 
for in paragraph (c) of this section, each pressure relief device in gas 
or vapor service shall be operated with an instrument reading of less 
than 500 parts per million as measured by the method specified in 
Sec. 63.1004(c).
    (c) Pressure relief requirements. (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, as soon as 
practical, but no later than 5 calendar days after each pressure 
release, except as provided in paragraph (d) of this section.
    (2) The pressure relief device shall be monitored no later than five 
calendar days after the pressure release and being returned to regulated 
material service to confirm the condition indicated by an instrument 
reading of less than 500 parts per million, as measured by the method 
specified in Sec. 63.1004(c).

[[Page 1088]]

    (3) The owner or operator shall record the dates and results of the 
monitoring required by paragraph (c)(2) of this section following a 
pressure release including maximum instrument reading measured during 
the monitoring and the background level measured if the instrument 
reading is adjusted for background.
    (d) Pressure relief devices routed to a process or fuel gas system 
or equipped with a closed vent system and control device. Any pressure 
relief device that is routed to a process or fuel gas system or equipped 
with a closed vent system that captures and transports leakage from the 
pressure relief device to a control device meeting the requirements of 
Sec. 63.1015 is exempt from the requirements of paragraphs (b) and (c) 
of this section.
    (e) Rupture disk exemption. Any pressure relief device that is 
equipped with a rupture disk upstream of the pressure relief device is 
exempt from the requirements of paragraphs (b) and (c) of this section 
provided the owner or operator installs a replacement rupture disk 
upstream of the pressure relief device as soon as practical after each 
pressure release, but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 63.1005(d).



Sec. 63.1012  Compressor standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Seal system standard. 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. 63.1002(b) and paragraphs (e) and (f) of this section. Each 
compressor seal system shall meet the requirements specified in 
paragraphs (b)(1), (b)(2), or (b)(3) of this section.
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure at all times (except during 
periods of startup, shutdown, or malfunction); 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 meets the requirements of Sec. 63.1015; 
or
    (3) Equipped with a closed-loop system that purges the barrier fluid 
directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light 
liquid service. Each barrier fluid system shall be equipped with a 
sensor that will detect failure of the seal system, barrier fluid 
system, or both. Each sensor shall be observed daily or shall be 
equipped with an alarm unless the compressor is located within the 
boundary of an unmanned plant site.
    (d) Failure criterion and leak detection. (1) 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. If the sensor indicates failure of the 
seal system, the barrier fluid system, or both based on the criterion, a 
leak is detected and shall be repaired pursuant to Sec. 63.1005, as 
applicable.
    (2) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a closed 
vent system and control device. A compressor is exempt from the 
requirements of paragraphs (b) through (d) of this section if it is 
equipped with a system to capture and transport leakage from the 
compressor drive shaft seal to a process or a fuel gas system or to a 
closed vent system that captures and transports leakage from the 
compressor to a control device meeting the requirements of Sec. 63.1015.
    (f) Alternative compressor standard. (1) Any compressor that is 
designated as described in Sec. 63.1003(e) as operating with no 
detectable emissions shall operate at all times with an instrument 
reading of less than 500 parts per million. A compressor so designated 
is exempt from the requirements of paragraphs (b) through (d) of this 
section if the compressor is demonstrated initially upon designation, 
annually, and at other times requested by the Administrator to be 
operating with an instrument reading of less than 500 parts per million 
as measured by the method

[[Page 1089]]

specified in Sec. 63.1004(c). A compressor may not be designated or 
operated having an instrument reading of less than 500 parts per million 
as described in Sec. 63.1003(e) if the compressor has a maximum 
instrument reading greater than 500 parts per million.
    (2) The owner or operator shall record the dates and results of each 
compliance test including the background level measured and the maximum 
instrument reading measured during each compliance test.
    (g) Reciprocating compressor exemption. Any existing reciprocating 
compressor in a process unit or affected facility that becomes an 
affected facility under provisions of 40 CFR 60.14 or 60.15 is exempt 
from paragraphs (b), (c), and (d) of this section provided the owner or 
operator demonstrates that recasting the distance piece or replacing the 
compressor are the only options available to bring the compressor into 
compliance with the provisions of the above exempted paragraphs of this 
section.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec. 63.1013  Sampling connection systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Equipment requirement. Each sampling connection system shall be 
equipped with a closed purge, closed loop, or closed vent system, except 
as provided in paragraph (d) of this section. Gases displaced during 
filling of the sample container are not required to be collected or 
captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop, 
or closed vent system except as provided in paragraph (d) of this 
section shall meet the applicable requirements specified in paragraphs 
(c)(1) through (c)(5) of this section.
    (1) The system shall return the purged process fluid directly to a 
process line or fuel gas system meeting the compliance determinations in 
Secs. 63.1015 or 63.1002(b) as appropriate; or
    (2) Collect and recycle the purged process fluid to a process; or
    (3) Be designed and operated to capture and transport all the purged 
process fluid to a control device that meets the requirements of 
Sec. 63.1015; or
    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or 
(c)(4)(iii) of this section.
    (i) A waste management unit as defined in 40 CFR 63.111 or 40 CFR 
part 63, subpart G, if the waste management unit is complying with the 
provisions of 40 CFR part 63, subpart G, applicable to group 1 
wastewater streams. If the purged process fluid does not contain any 
organic HAP listed in table 9 of 40 CFR part 63, subpart G, 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 subject 
wastewater steams provided the facility has a National Pollution 
Discharge Elimination System (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.
    (5) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling 
systems without purges are exempt from the requirements of paragraphs 
(b) and (c) of this section.



Sec. 63.1014  Open-ended valves or lines standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Equipment and operational requirements. (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. 63.1002(b) and paragraphs (c) 
and (d) of this section. The cap, blind flange, plug, or second valve

[[Page 1090]]

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. The operational provisions of paragraphs (b)(2) and (b)(3) 
of this section also apply.
    (2) 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.
    (3) 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 (b)(1) of 
this section at all other times.
    (c) Emergency shutdown exemption. Open-ended valves or lines in an 
emergency shutdown system that are designed to open automatically in the 
event of a process upset are exempt from the requirements of paragraph 
(b) of this section.
    (d) Polymerizing materials exemption. Open-ended valves or lines 
containing materials that would autocatalytically polymerize or, would 
present an explosion, serious over pressure, or other safety hazard if 
capped or equipped with a double block and bleed system as specified in 
paragraph (b) of this section are exempt from the requirements of 
paragraph (b) of this section.



Sec. 63.1015  Closed vent systems and control devices; or emissions routed to a fuel gas system or process.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Compliance standard. (1) Owners or operators of closed vent 
systems and nonflare control devices used to comply with provisions of 
this subpart shall design and operate the closed vent system and 
nonflare control devices to reduce emissions of regulated material with 
an efficiency of 95 percent or greater or to reduce emissions of 
regulated material to a concentration of 20 parts per million by volume 
or, for an enclosed combustion device, to provide a minimum of 760 deg. 
C (1400 deg. F). Owners and operators of closed vent systems and 
nonflare control devices used to comply with this subpart shall comply 
with the provisions of subpart SS of this part, except as provided in 
Sec. 63.1002(b).
    (2) Owners or operators of closed vent systems and flares used to 
comply with the provisions of this subpart shall design and operate the 
flare as specified in subpart SS of this part, except as provided in 
Sec. 63.1002(b).
    (3) Owners or operators routing emissions from equipment leaks to a 
fuel gas system or process shall comply with the provisions of subpart 
SS of this part, except as provided in Sec. 63.1002(b).



Sec. 63.1016  Alternative means of emission limitation: Enclosed-vented process units.

    (a) Use of closed vent system and control device. Process units of 
affected facilities or portions of process units of affected facilities 
enclosed in such a manner that all emissions from equipment leaks are 
routed to a process or fuel gas system or collected and vented through a 
closed vent system to a control device meeting the requirements of 
either Sec. 63.1015 or Sec. 63.1002(b) are exempt from the requirements 
of Secs. 63.1006 through 63.1014. The enclosure shall be maintained 
under a negative pressure at all times while the process unit or 
affected facility is in operation to ensure that all emissions are 
routed to a control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the 
requirements of this section shall maintain the records specified in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Identification of the process unit(s) or affected facilities and 
the regulated materials they handle.
    (2) A schematic of the process unit or affected facility, 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.



Sec. 63.1017  Recordkeeping requirements.

    (a) Recordkeeping system. An owner or operator of more than one 
regulated source subject to the provisions of this

[[Page 1091]]

subpart may comply with the recordkeeping requirements for these 
regulated sources in one recordkeeping system. The recordkeeping system 
shall identify each record by regulated source and the type of program 
being implemented (e.g., quarterly monitoring) for each type of 
equipment. The records required by this subpart are summarized in 
paragraphs (b) and (c) of this section.
    (b) General equipment leak records. (1) As specified in 
Sec. 63.1003(a) through (d), the owner or operator shall keep general 
and specific equipment identification if the equipment is not physically 
tagged and the owner or operator is electing to identify the equipment 
subject to this subpart through written documentation such as a log or 
other designation.
    (2) The owner or operator shall keep a written plan as specified in 
Sec. 63.1003(c)(5) for any equipment that is designated as unsafe or 
difficult-to-monitor.
    (3) The owner or operator shall maintain the identity and an 
explanation as specified in Sec. 63.1003(d)(1) for any equipment that is 
designated as unsafe-to-repair.
    (4) As specified in Sec. 63.1003(e), the owner or operator shall 
maintain the identity of compressors operating with an instrument 
reading of less than 500 parts per million.
    (5) The owner or operator shall keep records for leaking equipment 
as specified in Sec. 63.1004(e).
    (6) The owner or operator shall keep records for delay of repair as 
specified in Sec. 63.1005(c) and records for leak repair as specified in 
Sec. 63.1005(e).
    (c) Specific equipment leak records. (1) For valves, the owner or 
operator shall maintain the monitoring schedule for each process unit as 
specified in Sec. 63.1006(b), and the records specified in 
Sec. 63.1006(e)(4)(i)(B).
    (2) For pumps, the owner or operator shall maintain the records 
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
    (i) Documentation of pump visual inspections as specified in 
Sec. 63.1007(b)(4).
    (ii) Documentation of dual mechanical seal pump visual inspections 
as specified in Sec. 63.1007(e)(1)(v).
    (iii) For the criteria as to the presence and frequency of drips for 
dual mechanical seal pumps, records of the design criteria and 
explanations and any changes and the reason for the changes, as 
specified in Sec. 63.1007(e)(1)(i).
    (3) [Reserved]
    (4) For agitators, the owner or operator shall maintain records 
specified in paragraphs (c)(4)(i) and (c)(4)(ii) of this section.
    (i) Documentation of the agitator seal visual inspections as 
specified in Sec. 63.1009(b)(3).
    (ii) Documentation of the design criteria and explanations and any 
changes and the reason for the changes, as specified in 
Sec. 63.1009(e)(1)(vi)(A).
    (5) For pressure relief devices in gas and vapor or light liquid 
service, the owner or operator shall keep records of the dates and 
results of monitoring following a pressure release, as specified in 
Sec. 63.1011(c)(3).
    (6) For compressors, the owner or operator shall maintain the 
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this 
section.
    (i) For criteria as to failure of the seal system and/or the barrier 
fluid system, record the design criteria and explanations and any 
changes and the reason for the changes, as specified in 
Sec. 63.1012(d)(2).
    (ii) For compressors operating under the alternative compressor 
standard, record the dates and results of each compliance test as 
specified in Sec. 63.1012(f)(2).
    (7) For process units complying with the enclosed-vented process 
unit alternative, the owner or operator shall maintain the records for 
enclosed-vented process units as specified in Sec. 63.1016(b).



Sec. 63.1018  Reporting requirements.

    (a) Periodic Reports. The owner or operator shall report the 
information specified in paragraphs (a)(1) through (a)(2) of this 
section, as applicable, in the periodic report specified in the 
referencing subpart.
    (1) The initial Periodic Report shall include the information 
specified in paragraphs (a)(1)(i) through (a)(1)(iv) and (a)(2) of this 
section.
    (i) Process unit or affected facility identification.

[[Page 1092]]

    (ii) Number of valves subject to the requirements of Sec. 63.1006, 
excluding those valves designated for no detectable emissions under the 
provisions of Sec. 63.1006(e)(4).
    (iii) Number of pumps subject to the requirements of Sec. 63.1007, 
excluding those pumps designated for no detectable emissions under the 
provisions of Sec. 63.1007(e)(2) and those pumps complying with the 
closed vent system provisions of Sec. 63.1007(e)(3).
    (iv) Number of compressors subject to the requirements of 
Sec. 63.1012, excluding those compressors designated for no detectable 
emissions under the provisions of Sec. 63.1012(f) and those compressors 
complying with the closed vent system provisions of Sec. 63.1012(e).
    (2) Each periodic report shall contain the information listed in 
paragraphs (a)(2)(i) through (a)(2)(iv) of this section, as applicable.
    (i) Process unit identification.
    (ii) For each month during the semiannual reporting period,
    (A) Number of valves for which leaks were detected as described in 
Sec. 63.1006(b),
    (B) Number of valves for which leaks were not repaired as required 
in Sec. 63.1006(d),
    (C) Number of pumps for which leaks were detected as described in 
Sec. 63.1007(b) and Sec. 63.1007(e)(1)(vi),
    (D) Number of pumps for which leaks were not repaired as required in 
Secs. 63.1007(d) and (e)(5),
    (E) Number of compressors for which leaks were detected as described 
in Sec. 63.1012(d)(1),
    (F) Number of compressors for which leaks were not repaired as 
required in Sec. 63.1012(d)(1), and
    (G) The facts that explain each delay of repair and, where 
appropriate, why the repair was technically infeasible without a process 
unit or affected facility shutdown.
    (iii) Dates of process unit or affected facility shutdowns which 
occurred within the periodic report reporting period.
    (iv) Revisions to items reported according to paragraph (a)(1) of 
this section if changes have occurred since the initial report or 
subsequent revisions to the initial report.
    (b) Special notifications. An owner or operator electing to comply 
with either of the alternatives in Sec. 63.1006(b)(5) or (6) shall 
notify the Administrator of the alternative standard selected before 
implementing either of the provisions.



  Subpart UU--National Emission Standards for Equipment Leaks--Control 
                            Level 2 Standards

    Source: 64 FR 34899, June 29, 1999, unless otherwise noted.



Sec. 63.1019  Applicability.

    (a) The provisions of this subpart apply to the control of air 
emissions from equipment leaks for which another subpart references the 
use of this subpart for such air emission control. These air emission 
standards for equipment leaks are placed here for administrative 
convenience and only apply to those owners and operators of facilities 
subject to a referencing subpart. The provisions of 40 CFR part 63, 
subpart A (General Provisions) do not apply to this subpart except as 
noted in the referencing subpart.
    (b) Equipment subject to this subpart. The provisions of this 
subpart and the referencing subpart apply to equipment that contains or 
contacts regulated material. This subpart applies to pumps, compressors, 
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, instrumentation systems, and 
closed vent systems and control devices used to meet the requirements of 
this subpart.
    (c) Equipment in vacuum service. Equipment in vacuum service is 
excluded from the requirements of this subpart.
    (d) Equipment in service less than 300 hours per calendar year. 
Equipment intended to be in regulated material service less than 300 
hours per calendar year is excluded from the requirements of 
Secs. 63.1025 through 63.1034 and Sec. 63.1036 if it is identified as 
required in Sec. 63.1022(b)(5).
    (e) Lines and equipment not containing process fluids. Lines and 
equipment not

[[Page 1093]]

containing process fluids are not subject to the provisions of this 
subpart. Utilities, and other non-process lines, such as heating and 
cooling systems that do not combine their materials with those in the 
processes they serve, are not considered to be part of a process unit or 
affected facility.



Sec. 63.1020  Definitions.

    All terms used in this part shall have the meaning given them in the 
Act and in this section.
    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.
    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-loop system means an enclosed system that returns process 
fluid to the process and is not vented directly to the atmosphere.
    Closed-purge system means a system or combination of systems 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 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 emissions.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipelines or a pipeline 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, ceramic, or ceramic-lined (e.g., porcelain, glass, or 
glass-lined) as described in Sec. 63.1027(e)(2).
    Continuous parameter monitoring system (CPMS) 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.
    Control device means any combustion device, recovery device, 
recapture device, or any combination of these devices used to comply 
with this part. Such equipment or devices include, but are not limited 
to, absorbers, carbon adsorbers, condensers, incinerators, flares, 
boilers, and process heaters. Primary condensers on steam strippers or 
fuel gas systems are not considered control devices.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, and instrumentation system in regulated material service; and 
any control devices or systems used to comply with this subpart.
    First attempt at repair, for the purposes of this subpart, means to 
take action for the purpose of stopping or reducing leakage of organic 
material to the atmosphere, followed by monitoring as specified in 
Secs. 63.1023(b) and (c) of this subpart in to verify whether the leak 
is repaired, unless the owner or operator determines by other means that 
the leak is not repaired.
    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

[[Page 1094]]

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 a fuel gas in combustion equipment, such as 
furnaces and gas turbines, either singly or in combination.
    In food and medical service means that a piece of equipment in 
regulated material 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 and vapor service means that a piece of equipment in 
regulated material service contains a gas or vapor at operating 
conditions.
    In heavy liquid service means that a piece of equipment in regulated 
material service is not in gas and vapor service or in light liquid 
service.
    In light liquid service means that a piece of equipment in regulated 
material 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 to definition of ``in light liquid service'': Vapor pressures may 
be determined by standard reference texts or ASTM D-2879.)

    In liquid service means that a piece of equipment in regulated 
material service is not in gas and vapor service.
    In organic hazardous air pollutant or in organic HAP service means 
that piece of equipment either contains or contracts 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. 
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.
    In regulated material service means, for the purposes of this 
subpart, equipment which meets the definition of ``in VOC service,'' 
``in VHAP service,'' ``in organic hazardous air pollutant service,'' or 
``in'' other chemicals or groups of chemicals ``service'' as defined in 
the referencing subpart.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    Initial startup means for new sources, the first time the source 
begins production. For additions or changes not defined as a new source 
by this subpart, initial startup means the first time additional or 
changed equipment is put into operation. Initial startup does not 
include operation solely for testing of equipment. Initial startup does 
not include subsequent startup of process units following malfunction or 
process unit shutdowns. Except for equipment leaks, initial startup also 
does not include subsequent startups (of process units following changes 
in product for flexible operation units or following recharging of 
equipment in batch unit operations).
    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 1.27 centimeters (0.5 inches) and smaller, and 
connectors nominally 1.91 centimeters (0.75 inches) and smaller in 
diameter are considered instrumentation systems for the purposes of this 
subpart. Valves greater than nominally

[[Page 1095]]

1.27 centimeters (0.5 inches) and connectors greater than nominally 1.91 
centimeters (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 
liquids 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 or affected facility shutdown.
    Open-ended valve or line means any valve, except 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.
    Organic monitoring device means a unit of equipment used to indicate 
the concentration level of organic compounds based on a detection 
principle such as infra-red, photoionization, or thermal conductivity.
    Polymerizing monomer means a compound which may form polymer buildup 
in pump mechanical seals resulting in rapid mechanical seal failure.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the 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 pounds per square inch gauge or 
by a vacuum are not pressure relief devices.
    Process unit means the equipment specified in the definitions of 
process unit in the applicable referencing subpart. If the referencing 
subpart does not define process unit, then for the purposes of this 
part, process unit means the equipment assembled and connected by pipes 
or ducts to process raw materials and to manufacture an intended 
product.
    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 affected. The following are 
not considered process unit shutdowns:
    (1) An unscheduled work practice or operations procedure that stops 
production from a process unit, or part of a process unit, for less than 
24 hours.
    (2) An unscheduled work practice or operations 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.
    (3) The use of spare equipment and technically feasible bypassing of 
equipment without stopping production.
    Referencing subpart means the subpart that refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this part, refers to gas from 
volatile organic liquids (VOL), volatile organic compounds (VOC), 
hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by the referencing subpart.
    Regulated 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 referencing subpart.
    Relief device or 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.

[[Page 1096]]

    Repaired, for the purposes of this subpart, means that equipment is 
adjusted, or otherwise altered, to eliminate a leak as defined in the 
applicable sections of this subpart and unless otherwise specified in 
applicable provisions of this subpart, is monitored as specified in 
Secs. 63.1023(b) and (c) 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 to any enclosed portion of a process unit where the emissions 
are predominantly 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 regulated 
materials and/or incorporated into a product; and/or recovered.
    Sampling connection system means an assembly of equipment within a 
process unit or affected facility used during periods of representative 
operation to take samples of the process fluid. Equipment used to take 
nonroutine grab samples is not considered a sampling connection system.
    Screwed (threaded) 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 for the purposes of this subpart, 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 into operation of a piece of equipment or 
a control device that is subject to this subpart.



Sec. 63.1021  Alternative means of emission limitation.

    (a) Performance standard exemption. The provisions of paragraph (b) 
of this section do not apply to the performance standards of 
Sec. 63.1030(b) for pressure relief devices or Sec. 63.1031(f) for 
compressors operating under the alternative compressor standard.
    (b) Requests by owners or operators. An owner or operator may 
request a determination of alternative means of emission limitation to 
the requirements of Secs. 63.1025 through 63.1034 as provided in 
paragraph (d) of this section. If the Administrator makes a 
determination that a means of emission limitation is a permissible 
alternative, the owner or operator shall either comply with the 
alternative or comply with the requirements of Secs. 63.1025 through 
63.1034.
    (c) Requests by manufacturers of equipment. (1) Manufacturers of 
equipment used to control equipment leaks of the regulated material may 
apply to the Administrator for permission for an alternative means of 
emission limitation that achieves a reduction in emissions of the 
regulated material achieved by the equipment, design, and operational 
requirements of this subpart.
    (2) The Administrator will grant permission according to the 
provisions of paragraph (d) of this section.
    (d) Permission to use an alternative means of emission limitation. 
Permission to use an alternative means of emission limitation shall be 
governed by the procedures in paragraphs (d)(1) through (d)(4) of this 
section.
    (1) Where the standard is an equipment, design, or operational 
requirement, the requirements of paragraphs (d)(1)(i) through 
(d)(1)(iii) of this section apply.
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying emission performance test data for an 
alternative means of emission limitation.
    (ii) The Administrator will compare test data for the means of 
emission limitation to test data for the equipment, design, and 
operational requirements.
    (iii) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve at 
least the same emission reduction as the equipment, design, and 
operational requirements of this subpart.
    (2) Where the standard is a work practice, the requirements of 
paragraphs (d)(2)(i) through (d)(2)(vi) of this section apply.

[[Page 1097]]

    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying test data for the alternative.
    (ii) 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.
    (iii) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the alternative means of emission 
limitation shall be demonstrated.
    (iv) Each owner or operator applying for such 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.
    (v) 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 (d)(2)(iv) of this section.
    (vi) 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.
    (3) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (4) If, in the judgement of the Administrator, an alternative means 
of emission limitation will be approved, the Administrator will publish 
a notice of the determination in the Federal Register using the 
procedures specified in the referencing subpart.



Sec. 63.1022  Equipment identification.

    (a) General equipment identification. Equipment subject to this 
subpart shall be identified. 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, by designation 
of process unit or affected facility boundaries by some form of 
weatherproof identification, or by other appropriate methods.
    (b) Additional equipment identification. In addition to the general 
identification required by paragraph (a) of this section, equipment 
subject to any of the provisions in Secs. 63.1023 through 63.1034 shall 
be specifically identified as required in paragraphs (b)(1) through 
(b)(5) of this section, as applicable. This paragraph does not apply to 
an owner or operator of a batch product process who elects to pressure 
test the batch product process equipment train pursuant to Sec. 63.1036.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined 
connectors meeting the provision of Sec. 63.1027(e)(2) and 
instrumentation systems identified pursuant to paragraph (b)(4) of this 
section, identify the connectors 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 
identification shall be complete no later than the completion of the 
initial survey required by paragraph (a) of this section.
    (2) Routed to a process or fuel gas system or equipped with a closed 
vent system and control device. Identify the equipment that the owner or 
operator elects to route to a process or fuel gas system or equip with a 
closed vent system and control device, under the provisions of 
Sec. 63.1026(e)(3) (pumps in light liquid service), Sec. 63.1028(e)(3) 
(agitators), Sec. 63.1030(d) (pressure relief devices in gas and vapor 
service), Sec. 63.1031(e) (compressors), or Sec. 63.1037(a) (alternative 
means of emission limitation for enclosed-vented process units).
    (3) Pressure relief devices. Identify the pressure relief devices 
equipped with rupture disks, under the provisions of Sec. 63.1030(e).
    (4) Instrumentation systems. Identify instrumentation systems 
subject to the provisions of Sec. 63.1029 of this subpart. Individual 
components in an instrumentation system need not be identified.

[[Page 1098]]

    (5) Equipment in service less than 300 hours per calendar year. The 
identity, either by list, location (area or group), or other method, of 
equipment in regulated material service less than 300 hours per calendar 
year within a process unit or affected facilities subject to the 
provisions of this subpart shall be recorded.
    (c) Special equipment designations: Equipment that is unsafe or 
difficult-to-monitor. (1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 63.1025(e)(1), pumps 
meeting the provisions of Sec. 63.1026(e)(6), connectors meeting the 
provisions of Sec. 63.1027(e)(1), and agitators meeting the provisions 
of Sec. 63.1028(e)(7) may be designated unsafe-to-monitor if the owner 
or operator determines that monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with the monitoring 
requirements of this subpart. Examples of unsafe-to-monitor equipment 
include, but is not limited to, equipment under extreme pressure or 
heat.
    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec. 63.1025(e)(2) may be designated 
difficult-to-monitor if the provisions of paragraph (c)(2)(i) apply. 
Agitators meeting the provisions of Sec. 63.1028(e)(5) may be designated 
difficult-to-monitor if the provisions of paragraph (c)(2)(ii) apply.
    (i) Valves. (A) The owner or operator of the valve determines that 
the valve cannot be monitored without elevating the monitoring personnel 
more than 2 meters (7 feet) above a support surface or it is not 
accessible in a safe manner when it is in regulated material service; 
and
    (B) The process unit or affected facility 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.
    (ii) Agitators. The owner or operator determines that the agitator 
cannot be monitored without elevating the monitoring personnel more than 
2 meters (7 feet) above a support surface or it is not accessible in a 
safe manner when it is in regulated material service.
    (3) Identification of unsafe or difficult-to-monitor equipment. The 
owner or operator shall record the identity of equipment designated as 
unsafe-to-monitor according to the provisions of paragraph (c)(1) of 
this section and the planned schedule for monitoring this equipment. The 
owner or operator shall record the identity of equipment designated as 
difficult-to-monitor according to the provisions of paragraph (c)(2) of 
this section, the planned schedule for monitoring this equipment, and an 
explanation why the equipment is unsafe or difficult-to-monitor. This 
record must be kept at the plant and be available for review by an 
inspector.
    (4) Written plan requirements. (i) The owner or operator of 
equipment designated as unsafe-to-monitor according to the provisions of 
paragraph (c)(1) of this section shall have a written plan that requires 
monitoring of the equipment as frequently as practical during safe-to-
monitor times, but not more frequently than the periodic monitoring 
schedule otherwise applicable, and repair of the equipment according to 
the procedures in Sec. 63.1024 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section 
shall have a written plan that requires monitoring of the equipment at 
least once per calendar year and repair of the equipment according to 
the procedures in Sec. 63.1024 if a leak is detected.
    (d) Special equipment designations: Equipment that is unsafe-to-
repair. (1) Designation and criteria. Connectors subject to the 
provisions of Sec. 63.1024(e) may be designated unsafe-to-repair if the 
owner or operator determines that repair personnel would be exposed to 
an immediate danger as a consequence of complying with the repair 
requirements of this subpart, and if the connector will be repaired 
before the end of the next process unit or affected facility shutdown as 
specified in Sec. 63.1024(e)(2).
    (2) Identification of equipment. The identity of connectors 
designated as unsafe-to-repair and an explanation why the connector is 
unsafe-to-repair shall be recorded.

[[Page 1099]]

    (e) Special equipment designations: Compressors operating with an 
instrument reading of less than 500 parts per million above background. 
Identify the 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. 63.1031(f).
    (f) Special equipment designations: Equipment in heavy liquid 
service. The owner or operator of equipment in heavy liquid service 
shall comply with the requirements of either paragraph (f)(1) or (f)(2) 
of this section, as provided in paragraph (f)(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.



Sec. 63.1023  Instrument and sensory monitoring for leaks.

    (a) Monitoring for leaks. The owner or operator of a regulated 
source subject to this subpart shall monitor regulated equipment as 
specified in paragraph (a)(1) of this section for instrument monitoring 
and paragraph (a)(2) of this section for sensory monitoring.
    (1) Instrument monitoring for leaks. (i) Valves in gas and vapor 
service and in light liquid service shall be monitored pursuant to 
Sec. 63.1025(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to 
Sec. 63.1026(b).
    (iii) Connectors in gas and vapor service and in light liquid 
service shall be monitored pursuant to Sec. 63.1027(b).
    (iv) Agitators in gas and vapor service and in light liquid service 
shall be monitored pursuant to Sec. 63.1028(c).
    (v) Pressure relief devices in gas and vapor service shall be 
monitored pursuant to Sec. 63.1030(c).
    (vi) Compressors designated to operate with an instrument reading 
less than 500 parts per million above background, as described in 
Sec. 63.1022(e), shall be monitored pursuant to Sec. 63.1031(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service 
shall be observed pursuant to Secs. 63.1026(b)(4) and (e)(1)(v).
    (ii) [Reserved]
    (iii) Agitators in gas and vapor service and in light liquid service 
shall be observed pursuant to Sec. 63.1028(c)(3) or (e)(1)(iv).
    (iv) [Reserved]
    (b) Instrument monitoring methods. Instrument monitoring, as 
required under this subpart, shall comply with the requirements 
specified in paragraphs (b)(1) through (b)(6) of this section.
    (1) Monitoring method. Monitoring shall comply with Method 21 of 40 
CFR part 60, appendix A, except as otherwise provided in this section.
    (2) Detection instrument performance criteria. (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, paragraph (a) of Method 21 shall be for the 
representative composition of the process fluid not each individual VOC 
in the stream. For process streams that contain nitrogen, air, water or 
other inerts that are not HAP or VOC, the representative stream response 
factor shall be determined on an inert-free basis. The response factor 
may be determined at any concentration for which monitoring for leaks 
will be conducted.
    (ii) If there is no instrument commercially available 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 
representative response factor of the process fluid, calculated on an 
inert-free basis as described in paragraph (b)(2)(i) of this section.
    (3) Detection instrument calibration procedure. The detection 
instrument

[[Page 1100]]

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) Detection instrument calibration gas. Calibration gases shall be 
zero air (less than 10 parts per million of hydrocarbon in air); and the 
gases specified in paragraph (b)(4)(i) of this section except as 
provided in paragraph (b)(4)(ii) of this section.
    (i) Mixtures of methane in air at a concentration no more than 2,000 
parts per million greater than the leak definition concentration of the 
equipment monitored. 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.
    (ii) 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.
    (5) Monitoring performance. Monitoring shall be performed when the 
equipment is in regulated material service or is in use with any other 
detectable material.
    (6) Monitoring data. Monitoring data obtained prior to the regulated 
source becoming subject to the referencing subpart that do not meet the 
criteria specified in paragraphs (b)(1) through (b)(5) of this section 
may still be used to qualify initially for less frequent monitoring 
under the provisions in Sec. 63.1025(a)(2), (b)(3) or (b)(4) for valves 
or Sec. 63.1027(b)(3) for connectors provided the departures from the 
criteria or from the specified monitoring frequency of 
Sec. 63.1025(b)(3) or (b)(4) or Sec. 63.1027(b)(3) 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 6 weeks instead of monthly or quarterly), following the 
performance criteria of section 3.1.2, paragraph (a) of Method 21 of 
Appendix A of 40 CFR part 60 instead of paragraph (b)(2) of this 
section, or monitoring using 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) Instrument monitoring using background adjustments. The owner or 
operator may elect to adjust or not to adjust the instrument readings 
for background. If an owner or operator elects not to adjust instrument 
readings for background, the owner or operator shall monitor the 
equipment according to the procedures specified in paragraphs (b)(1) 
through (b)(5) of this section. In such cases, all instrument readings 
shall be compared directly to the applicable leak definition for the 
monitored equipment to determine whether there is a leak or to determine 
compliance with Sec. 63.1030(b) (pressure relief devices) or 
Sec. 63.1031(f) (alternative compressor standard). 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 (b)(5) of this 
section shall apply.
    (2) The background level shall be determined, using the procedures 
in Method 21 of 40 CFR part 60, appendix A.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21 of 40 CFR part 60, appendix A.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
to the applicable leak definition for the monitored equipment to 
determine whether there is a leak or to determine compliance with 
Sec. 63.1030(b) (pressure relief devices)

[[Page 1101]]

or Sec. 63.1031(f) (alternative compressor standard).
    (d) Sensory monitoring methods. Sensory monitoring consists of 
visual, audible, olfactory, or any other detection method used to 
determine a potential leak to the atmosphere.
    (e) Leaking equipment identification and records. (1) When each leak 
is detected pursuant to the monitoring specified in paragraph (a) of 
this section, a weatherproof and readily visible identification, shall 
be attached to the leaking equipment.
    (2) When each leak is detected, the information specified in 
Sec. 63.1024(f) shall be recorded and kept pursuant to the referencing 
subpart, except for the information for connectors complying with the 8 
year monitoring period allowed under Sec. 63.1027(b)(3)(iii) shall be 
kept 5 years beyond the date of its last use.



Sec. 63.1024  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each 
leak detected as soon as practical, but not later than 15 calendar days 
after it is detected, except as provided in paragraphs (d) and (e) of 
this section. A first attempt at repair as defined in this subpart shall 
be made no later than 5 calendar days after the leak is detected. First 
attempt at repair for pumps includes, but is not limited to, tightening 
the packing gland nuts and/or ensuring that the seal flush is operating 
at design pressure and temperature. First attempt at repair for valves 
includes, but is not limited to, tightening the bonnet bolts, and/or 
replacing the bonnet bolts, and/or tightening the packing gland nuts, 
and/or injecting lubricant into the lubricated packing.
    (b) [Reserved]
    (c) Leak identification removal. (1) Valves and connectors in gas/
vapor and light liquid service. The leak identification on a valve in 
gas/vapor or light liquid service may be removed after it has been 
monitored as specified in Sec. 63.1025(d)(2), and no leak has been 
detected during that monitoring. The leak identification on a connector 
in gas/vapor or light liquid service may be removed after it has been 
monitored as specified in Sec. 63.1027(b)(3)(iv) and no leak has been 
detected during that monitoring.
    (2) Other equipment. The identification that has been placed, 
pursuant to Sec. 63.1023(e)(1), on equipment determined to have a leak, 
except for a valve or for a connector in gas/vapor or light liquid 
service that is subject to the provisions of Sec. 63.1027(b)(3)(iv), may 
be removed after it is repaired.
    (d) Delay of repair. Delay of repair is allowed for any of the 
conditions specified in paragraphs (d)(1) through (d)(5) of this 
section. The owner or operator shall maintain a record of the facts that 
explain any delay of repairs and, where appropriate, why the repair was 
technically infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected 
is allowed if repair within 15 days after a leak is detected is 
technically infeasible without a process unit or affected facility 
shutdown. Repair of this equipment shall occur as soon as practical, but 
no later than the end of the next process unit or affected facility 
shutdown, except as provided in paragraph (d)(5) of this section.
    (2) 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 regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also 
allowed if the provisions of paragraphs (d)(3)(i) and (d)(3)(ii) of this 
section are met.
    (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 effected, the purged material is 
collected and destroyed, collected and routed to a fuel gas system or 
process, or recovered in a control device complying with either 
Sec. 63.1034 or Sec. 63.1021(b) of this part.
    (4) Delay of repair for pumps is also allowed if the provisions of 
paragraphs (d)(4)(i) and (d)(4)(ii) of this section are met.
    (i) Repair requires replacing the existing seal design with a new 
system

[[Page 1102]]

that the owner or operator has determined under the provisions of 
Sec. 63.1035(d) will provide better performance or one of the 
specifications of paragraphs (d)(4)(i)(A) through (d)(4)(i)(C) of this 
section are met.
    (A) A dual mechanical seal system that meets the requirements of 
Sec. 63.1026(e)(1) will be installed;
    (B) A pump that meets the requirements of Sec. 63.1026(e)(2) will be 
installed; or
    (C) A system that routes emissions to a process or a fuel gas system 
or a closed vent system and control device that meets the requirements 
of Sec. 63.1026(e)(3) will be installed; and
    (ii) Repair is completed as soon as practical, but not later than 6 
months after the leak was detected.
    (5) Delay of repair beyond a process unit or affected facility 
shutdown will be allowed for a valve if valve assembly replacement is 
necessary during the process unit or affected facility shutdown, and 
valve assembly supplies have been depleted, and valve assembly supplies 
had been sufficiently stocked before the supplies were depleted. Delay 
of repair beyond the second process unit or affected facility shutdown 
will not be allowed unless the third process unit or affected facility 
shutdown occurs sooner than 6 months after the first process unit or 
affected facility shutdown.
    (e) Unsafe-to-repair--connectors. Any connector that is designated, 
as described in Sec. 63.1022(d), as an unsafe-to-repair connector is 
exempt from the requirements of Sec. 63.1027(d), and paragraph (a) of 
this section.
    (f) Leak repair records. For each leak detected, the information 
specified in paragraphs (f)(1) through (f)(5) of this section shall be 
recorded and maintained pursuant to the referencing subpart.
    (1) The date of first attempt to repair the leak.
    (2) The date of successful repair of the leak.
    (3) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A at the time the leak is successfully repaired or 
determined to be nonrepairable.
    (4) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak as 
specified in paragraphs (f)(4)(i) and (f)(4)(ii) of this section.
    (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, and 
malfunction plan, as required by the referencing subpart 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.
    (5) Dates of process unit or affected facility shutdowns that occur 
while the equipment is unrepaired.



Sec. 63.1025  Valves in gas and vapor service and in light liquid service standards.

    (a) Compliance schedule. (1) The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (2) The use of monitoring data generated before the regulated source 
became subject to the referencing subpart to qualify initially for less 
frequent monitoring is governed by the provisions of Sec. 63.1023(b)(6).
    (b) Leak detection. Unless otherwise specified in Sec. 63.1021(b) or 
paragraph (e) of this section, or the referencing subpart, the owner or 
operator shall monitor all valves at the intervals specified in 
paragraphs (b)(3) and/or (b)(4) of this section and shall comply with 
all other provisions of this section.
    (1) Monitoring method. The valves shall be monitored to detect leaks 
by the method specified in Sec. 63.1023(b) and, as applicable, 
Sec. 63.1023(c).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 500 parts per million or greater.
    (3) Monitoring frequency. The owner or operator shall monitor valves 
for leaks at the intervals specified in paragraphs (b)(3)(i) through 
(b)(3)(v) of this section

[[Page 1103]]

and shall keep the record specified in paragraph (b)(3)(vi) of this 
section.
    (i) If at least the greater of 2 valves or 2 percent of the valves 
in a process unit leak, as calculated according to paragraph (c) of this 
section, the owner or operator shall monitor each valve once per month.
    (ii) At process units with less than the greater of 2 leaking valves 
or 2 percent leaking valves, the owner or operator shall monitor each 
valve once each quarter, except as provided in paragraphs (b)(3)(iii) 
through (b)(3)(v) of this section. Monitoring data generated before the 
regulated source became subject to the referencing subpart and meeting 
the criteria of either Sec. 63.1023(b)(1) through (b)(5), or 
Sec. 63.1023(b)(6), may be used to qualify initially for less frequent 
monitoring under paragraphs (b)(3)(iii) through (b)(3)(v) of this 
section.
    (iii) At process units with less than 1 percent leaking valves, the 
owner or operator may elect to monitor each valve once every two 
quarters
    (iv) At process units with less than 0.5 percent leaking valves, the 
owner or operator may elect to monitor each valve once every four 
quarters.
    (v) At process units with less than 0.25 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 2 years.
    (vi) The owner or operator shall keep a record of the monitoring 
schedule for each process unit.
    (4) Valve subgrouping. For a process unit or a group of process 
units to which this subpart applies, an owner or operator may choose to 
subdivide the valves in the applicable process unit or group of process 
units and apply the provisions of paragraph (b)(3) of this section to 
each subgroup. If the owner or operator elects to subdivide the valves 
in the applicable process unit or group of process units, then the 
provisions of paragraphs (b)(4)(i) through (b)(4)(viii) of this section 
apply.
    (i) The overall performance of total valves in the applicable 
process unit or group of process units to be subdivided shall be less 
than 2 percent leaking valves, as detected according to paragraphs 
(b)(1) and (b)(2) of this section and as calculated according to 
paragraphs (c)(1)(ii) and (c)(2) of this section.
    (ii) The initial assignment or subsequent reassignment of valves to 
subgroups shall be governed by the provisions of paragraphs 
(b)(4)(ii)(A) through (b)(4)(ii)(C) of this section.
    (A) The owner or operator shall determine which valves are assigned 
to each subgroup. Valves with less than one year of monitoring data or 
valves not monitored within the last twelve months must be placed 
initially into the most frequently monitored subgroup until at least one 
year of monitoring data have been obtained.
    (B) Any valve or group of valves can be reassigned from a less 
frequently monitored subgroup to a more frequently monitored subgroup 
provided that the valves to be reassigned were monitored during the most 
recent monitoring period for the less frequently monitored subgroup. The 
monitoring results must be included with that less frequently monitored 
subgroup's associated percent leaking valves calculation for that 
monitoring event.
    (C) Any valve or group of valves can be reassigned from a more 
frequently monitored subgroup to a less frequently monitored subgroup 
provided that the valves to be reassigned have not leaked for the period 
of the less frequently monitored subgroup (e.g., for the last 12 months, 
if the valve or group of valves is to be reassigned to a subgroup being 
monitored annually). Nonrepairable valves may not be reassigned to a 
less frequently monitored subgroup.
    (iii) The owner or operator shall determine every 6 months if the 
overall performance of total valves in the applicable process unit or 
group of process units is less than 2 percent leaking valves and so 
indicate the performance in the next Periodic Report. If the overall 
performance of total valves in the applicable process unit or group of 
process units is 2 percent leaking valves or greater, the owner or 
operator shall no longer subgroup and shall revert to the program 
required in paragraphs (b)(1) through (b)(3) of this section for that 
applicable process unit or group of process units. An owner or operator 
can again elect to comply with the valve subgrouping procedures of

[[Page 1104]]

paragraph (b)(4) of this section if future overall performance of total 
valves in the process unit or group of process units is again less than 
2 percent. The overall performance of total valves in the applicable 
process unit or group of process units shall be calculated as a weighted 
average of the percent leaking valves of each subgroup according to 
Equation number 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.010

where:

%VLO = Overall performance of total valves in the applicable 
          process unit or group of process units
%VLi = Percent leaking valves in subgroup i, most recent 
          value calculated according to the procedures in paragraphs 
          (c)(1)(ii) and (c)(2) of this section.
Vi = Number of valves in subgroup i.
n = Number of subgroups.

    (iv) The owner or operator shall maintain records specified in 
paragraphs (b)(4)(iv)(A) through (b)(4)(iv)(D) of this section.
    (A) Which valves are assigned to each subgroup,
    (B) Monitoring results and calculations made for each subgroup for 
each monitoring period,
    (C) Which valves are reassigned, the last monitoring result prior to 
reassignment, and when they were reassigned, and
    (D) The results of the semiannual overall performance calculation 
required in paragraph (b)(4)(iii) of this section.
    (v) The owner or operator shall notify the Administrator no later 
than 30 days prior to the beginning of the next monitoring period of the 
decision to subgroup valves. The notification shall identify the 
participating process units and the number of valves assigned to each 
subgroup, if applicable, and may be included in the next Periodic 
Report.
    (vi) The owner or operator shall submit in the periodic reports the 
information specified in paragraphs (b)(4)(vi)(A) and (b)(4)(vi)(B).
    (A) Total number of valves in each subgroup, and
    (B) Results of the semiannual overall performance calculation 
required by paragraph (b)(4)(iii) of this section.
    (vii) To determine the monitoring frequency for each subgroup, the 
calculation procedures of paragraph (c)(2) of this section shall be 
used.
    (viii) Except for the overall performance calculations required by 
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be 
treated as if it were a process unit for the purposes of applying the 
provisions of this section.
    (c) Percent leaking valves calculation. (1) Calculation basis and 
procedures. (i) The owner or operator shall decide no later than the 
compliance date of this part or upon revision of an operating permit 
whether to calculate percent leaking valves on a process unit or group 
of process units basis. Once the owner or operator has decided, all 
subsequent percentage calculations shall be made on the same basis and 
this shall be the basis used for comparison with the subgrouping 
criteria specified in paragraph (b)(4)(i) of this section.
    (ii) The percent leaking valves for each monitoring period for each 
process unit or valve subgroup, as provided in paragraph (b)(4) of this 
section, shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.011

where:

%VL = Percent leaking valves.
VL = Number of valves found leaking, excluding nonrepairable 
          valves, as provided in paragraph (c)(3) of this section, and 
          including those valves found leaking pursuant to paragraphs 
          (d)(2)(iii)(A) and (d)(2)(iii)(B) of this section.
VT = The sum of the total number of valves monitored.

    (2) Calculation for monitoring frequency. When determining 
monitoring frequency for each process unit or valve subgroup subject to 
monthly, quarterly, or semiannual monitoring frequencies, the percent 
leaking valves shall be the arithmetic average of the percent leaking 
valves from the last two monitoring periods. When determining monitoring 
frequency for each process unit or valve subgroup subject to annual or 
biennial (once every 2

[[Page 1105]]

years) monitoring frequencies, the percent leaking valves shall be the 
arithmetic average of the percent leaking valves from the last three 
monitoring periods.
    (3) Nonrepairable valves. (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 (c)(3)(ii) of this section. Otherwise, a number of 
nonrepairable valves (identified and included in the percent leaking 
valves calculation in a previous period) up to a maximum of 1 percent of 
the total number of valves in regulated material service at a process 
unit or affected facility 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 regulated material service at a process unit 
or affected facility, the number of nonrepairable valves exceeding 1 
percent of the total number of valves in regulated material service 
shall be included in the calculation of percent leaking valves.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph 
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired 
using the procedures in Sec. 63.1024, as applicable.
    (2) After a leak has been repaired, the valve shall be monitored at 
least once within the first 3 months after its repair. The monitoring 
required by this paragraph is in addition to the monitoring required to 
satisfy the definition of repaired and first attempt at repair.
    (i) The monitoring shall be conducted as specified in 
Sec. 63.1023(b) and (c) of this section, as appropriate, to determine 
whether the valve has resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section 
may be used to satisfy the requirements of this paragraph, if the timing 
of the monitoring period coincides with the time specified in this 
paragraph. Alternatively, other monitoring may be performed to satisfy 
the requirements of this paragraph, regardless of whether the timing of 
the monitoring period for periodic monitoring coincides with the time 
specified in this paragraph.
    (iii) If a leak is detected by monitoring that is conducted pursuant 
to paragraph (d)(2) of this section, the owner or operator shall follow 
the provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) of this 
section, to determine whether that valve must be counted as a leaking 
valve for purposes of paragraph (c)(1)(ii) of this section.
    (A) If the owner or operator elected to use periodic monitoring 
required by paragraph (b) of this section to satisfy the requirements of 
paragraph (d)(2) 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 paragraph (b) of this section, to 
satisfy the requirements of paragraph (d)(2) 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.
    (e) Special provisions for valves. (1) Unsafe-to-monitor valves. Any 
valve that is designated, as described in Sec. 63.1022(c)(1), as an 
unsafe-to-monitor valve is exempt from the requirements of paragraphs 
(b) and (d)(2) of this section and the owner or operator shall monitor 
the valve according to the written plan specified in Sec. 63.1022(c)(4).
    (2) Difficult-to-monitor valves. Any valve that is designated, as 
described in Sec. 63.1022(c)(2), as a difficult-to-monitor valve is 
exempt from the requirements of paragraph (b) of this section and the 
owner or operator shall monitor the valve according to the written plan 
specified in Sec. 63.1022(c)(4).
    (3) Fewer than 250 valves. Any equipment located at a plant site 
with fewer than 250 valves in regulated material service is exempt from 
the requirements for monthly monitoring specified in paragraph (b)(3)(i) 
of this section. Instead, the owner or operator shall monitor each valve 
in regulated material service for leaks once each quarter, as provided 
in paragraphs (e)(1) and (e)(2) of this section.



Sec. 63.1026  Pumps in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.

[[Page 1106]]

    (b) Leak detection. Unless otherwise specified in Sec. 63.1021(b), 
Sec. 63.1036, Sec. 63.1037, or paragraph (e) of this section, the owner 
or operator shall monitor each pump to detect leaks and shall comply 
with all other provisions of this section.
    (1) Monitoring method and frequency. The pumps shall be monitored 
monthly to detect leaks by the method specified in Sec. 63.1023(b) and, 
as applicable, Sec. 63.1023(c).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is specified in paragraphs (b)(2)(i) through 
(b)(2)(iii) of this section.
    (i) 5,000 parts per million or greater for pumps handling 
polymerizing monomers;
    (ii) 2,000 parts per million or greater for pumps in food/medical 
service; and
    (iii) 1,000 parts per million or greater for all other pumps.
    (3) Leak repair exception. For pumps 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.
    (4) Visual inspection. Each pump shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal. The owner or operator shall document that the inspection 
was conducted and the date of the inspection. If there are indications 
of liquids dripping from the pump seal at the time of the weekly 
inspection, the owner or operator shall follow the procedure specified 
in either paragraph (b)(4)(i) or (b)(4)(ii) of this section.
    (i) The owner or operator shall monitor the pump as specified in 
Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c). If the instrument 
reading indicates a leak as specified in paragraph (b)(2) of this 
section, a leak is detected and it shall be repaired using the 
procedures in Sec. 63.1024, except as specified in paragraph (b)(3) of 
this section; or
    (ii) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (c) Percent leaking pumps calculation. (1) The owner or operator 
shall decide no later than the compliance date of this part or upon 
revision of an operating permit whether to calculate percent leaking 
pumps on a process unit basis or group of process units basis. Once the 
owner or operator has decided, all subsequent percentage calculations 
shall be made on the same basis.
    (2) If, when calculated on a 6-month rolling average, at least 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. 63.1035.
    (3) The number of pumps at a process unit or affected facility shall 
be the sum of all the pumps in regulated material service, except that 
pumps found leaking in a continuous process unit or affected facility 
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:
[GRAPHIC] [TIFF OMITTED] TR29JN99.012

Where:

%PL = Percent leaking pumps
PL = Number of pumps found leaking as determined through 
          monthly monitoring as required in paragraph (b)(1) of this 
          section. Do not include results from inspection of unsafe-to-
          monitor pumps pursuant to paragraph (e)(6) of this section.
PS = Number of pumps leaking within 1 month of start-up 
          during the current monitoring period.
PT = Total pumps in regulated material service, including 
          those meeting the criteria in paragraphs (e)(1), (e)(2), 
          (e)(3), and (e)(6) of this section.

    (d) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec. 63.1024, as applicable, unless otherwise specified in paragraph 
(b)(5) of this section for leaks identified by visual indications of 
liquids dripping.
    (e) Special provisions for pumps. (1) Dual mechanical seal pumps. 
Each pump equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (b) of 
this section, provided the requirements specified in

[[Page 1107]]

paragraphs (e)(1)(i) through (e)(1)(viii) of this section are met.
    (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. The owner or operator shall 
keep records at the plant of the design criteria and an explanation of 
the design criteria; and any changes to these criteria and the reasons 
for the changes. This record must be available for review by an 
inspector.
    (ii) Each dual mechanical seal system shall meet the requirements 
specified in paragraph (e)(1)(ii)(A), (e)(1)(ii)(B), or (e)(1)(ii)(C) of 
this section.
    (A) Each dual mechanical seal system is operated with the barrier 
fluid at a pressure that is at all times (except periods of startup, 
shutdown, or malfunction) greater than the pump stuffing box pressure; 
or
    (B) 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 either 
Sec. 63.1034 or Sec. 63.1021(b) of this part; or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (iii) The barrier fluid is not in light liquid service.
    (iv) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (v) Each pump is checked by visual inspection each calendar week for 
indications of liquids dripping from the pump seal. The owner or 
operator shall document that the inspection was conducted and the date 
of the inspection. If there are indications of liquids dripping from the 
pump seal at the time of the weekly inspection, the owner or operator 
shall follow the procedure specified in paragraphs (e)(1)(v)(A) or 
(e)(1)(v)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the pump as specified in 
Sec. 63.1023(b) and, as applicable, Sec. 63.1023 (c), to determine if 
there is a leak of regulated material in the barrier fluid. If an 
instrument reading of 1,000 parts per million or greater is measured, a 
leak is detected and it shall be repaired using the procedures in 
Sec. 63.1024; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (vi) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (e)(1)(i) of this section, or if 
based on the criteria established in paragraph (e)(1)(i) of this section 
the sensor indicates failure of the seal system, the barrier fluid 
system, or both, a leak is detected.
    (vii) Each sensor as described in paragraph (e)(1)(iv) 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.
    (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of 
this section, it shall be repaired as specified in Sec. 63.1024.
    (2) No external shaft. Any pump that is designed with no externally 
actuated shaft penetrating the pump housing is exempt from the 
requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed 
vent system. Any pump 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 pump to a control device meeting the requirements of 
Sec. 63.1034 of this part or Sec. 63.1021(b) is exempt from the 
requirements of paragraph (b) of this section.
    (4) Unmanned plant site. Any pump that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(4) and (e)(1)(v) of this 
section, and the daily requirements of paragraph (e)(1)(vii) of this 
section, provided that each pump is visually inspected as often as 
practical and at least monthly.
    (5) 90 percent exemption. If more than 90 percent of the pumps at a 
process unit or affected facility meet the criteria in either paragraph 
(e)(1) or (e)(2)

[[Page 1108]]

of this section, the process unit or affected facility is exempt from 
the percent leaking calculation in paragraph (c) of this section.
    (6) Unsafe-to-monitor pumps. Any pump that is designated, as 
described in Sec. 63.1022(c)(1), as an unsafe-to-monitor pump is exempt 
from the requirements of paragraph (b) of this section, the monitoring 
and inspection requirements of paragraphs (e)(1)(v) through (viii) of 
this section, and the owner or operator shall monitor and inspect the 
pump according to the written plan specified in Sec. 63.1022(c)(4).

[64 FR 34899, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec. 63.1027  Connectors in gas and vapor service and in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall monitor all 
connectors in each process unit initially for leaks by the later of 
either 12 months after the compliance date as specified in a referencing 
subpart or 12 months after initial startup. If all connectors in each 
process unit have been monitored for leaks prior to the compliance date 
specified in the referencing subpart, no initial monitoring is required 
provided either no process changes have been made since the monitoring 
or the owner or operator can determine that the results of the 
monitoring, with or without adjustments, reliably demonstrate compliance 
despite process changes. If required to monitor because of a process 
change, the owner or operator is required to monitor only those 
connectors involved in the process change.
    (b) Leak detection. Except as allowed in Sec. 63.1021(b), 
Sec. 63.1036, Sec. 63.1037, or as specified in paragraph (e) of this 
section, the owner or operator shall monitor all connectors in gas and 
vapor and light liquid service as specified in paragraphs (a) and (b)(3) 
of this section.
    (1) Monitoring method. The connectors shall be monitored to detect 
leaks by the method specified in Sec. 63.1023(b) and, as applicable, 
Sec. 63.1023(c).
    (2) Instrument reading that defines a leak. If an instrument reading 
greater than or equal to 500 parts per million is measured, a leak is 
detected.
    (3) Monitoring periods. The owner or operator shall perform 
monitoring, subsequent to the initial monitoring required in paragraph 
(a) of this section, as specified in paragraphs (b)(3)(i) through 
(b)(3)(iii) of this section, and shall comply with the requirements of 
paragraphs (b)(3)(iv) and (b)(3)(v) of this section. The required period 
in which monitoring must be conducted shall be determined from 
paragraphs (b)(3)(i) through (b)(3)(iii) of this section using the 
monitoring results from the preceding monitoring period. The percent 
leaking connectors shall be calculated as specified in paragraph (c) of 
this section.
    (i) If the percent leaking connectors in the process unit was 
greater than or equal to 0.5 percent, then monitor within 12 months (1 
year).
    (ii) If the percent leaking connectors in the process unit was 
greater than or equal to 0.25 percent but less than 0.5 percent, then 
monitor within 4 years. An owner or operator may comply with the 
requirements of this paragraph by monitoring at least 40 percent of the 
connectors within 2 years of the start of the monitoring period, 
provided all connectors have been monitored by the end of the 4 year 
monitoring period.
    (iii) If the percent leaking connectors in the process unit was less 
than 0.25 percent, then monitor as provided in paragraph (b)(3)(iii)(A) 
of this section and either paragraph (b)(3)(iii)(B) or (b)(3)(iii)(C) of 
this section, as appropriate.
    (A) An owner or operator shall monitor at least 50 percent of the 
connectors within 4 years of the start of the monitoring period.
    (B) If the percent leaking connectors calculated from the monitoring 
results in paragraph (b)(3)(iii)(A) of this section is greater than or 
equal to 0.35 percent of the monitored connectors, the owner or operator 
shall monitor as soon as practical, but within the next 6 months, all 
connectors that have not yet been monitored during the monitoring 
period. At the conclusion of monitoring, a new monitoring period shall 
be started pursuant to paragraph (b)(3) of this section, based on the 
percent leaking connectors of the total monitored connectors.

[[Page 1109]]

    (C) If the percent leaking connectors calculated from the monitoring 
results in paragraph (b)(3)(iii)(A) of this section is less than 0.35 
percent of the monitored connectors, the owner or operator shall monitor 
all connectors that have not yet been monitored within 8 years of the 
start of the monitoring period.
    (iv) If, during the monitoring conducted pursuant to paragraph 
(b)(3)(i) through (b)(3)(iii) of this section, a connector is found to 
be leaking, it shall be re-monitored once within 90 days after repair to 
confirm that it is not leaking.
    (v) The owner or operator shall keep a record of the start date and 
end date of each monitoring period under this section for each process 
unit.
    (c) Percent leaking connectors calculation. For use in determining 
the monitoring frequency, as specified in paragraphs (a) and (b)(3) of 
this section, the percent leaking connectors as used in paragraphs (a) 
and (b)(3) of this section shall be calculated by using equation number 
4.
[GRAPHIC] [TIFF OMITTED] TR29JN99.013

Where:

%CL = Percent leaking connectors as determined through 
          periodic monitoring required in paragraphs (a) and (b)(3)(i) 
          through (b)(3)(iii) of this section.
CL = Number of connectors measured at 500 parts per million 
          or greater, by the method specified in Sec. 63.1023(b).
Ct = Total number of monitored connectors in the process unit 
          or affected facility.

    (d) Leak repair. If a leak is detected pursuant to paragraphs (a) 
and (b) of this section, then the leak shall be repaired using the 
procedures in Sec. 63.1024, as applicable.
    (e) Special provisions for connectors. (1) Unsafe-to-monitor 
connectors. Any connector that is designated, as described in 
Sec. 63.1022(c)(1), as an unsafe-to-monitor connector is exempt from the 
requirements of paragraphs (a) and (b) of this section and the owner or 
operator shall monitor according to the written plan specified in 
Sec. 63.1022(c)(4).
    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any 
connector that is inaccessible or that is ceramic or ceramic-lined 
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring 
requirements of paragraphs (a) and (b) of this section, from the leak 
repair requirements of paragraph (d) of this section, and from the 
recordkeeping and reporting requirements of Secs. 63.1038 and 63.1039. 
An inaccessible connector is one that meets any of the provisions 
specified in paragraphs (e)(2)(i)(A) through (e)(2)(i)(F) of this 
section, as applicable.
    (A) Buried;
    (B) Insulated in a manner that prevents access to the connector by a 
monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe;
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters (25 
feet) above the ground.
    (E) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters (7 feet) above a permanent support surface 
or would require the erection of scaffold;
    (F) 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.
    (ii) If any inaccessible, ceramic or ceramic-lined connector is 
observed by visual, audible, olfactory, or other means to be leaking, 
the visual, audible, olfactory, or other indications of a leak to the 
atmosphere shall be eliminated as soon as practical.



Sec. 63.1028  Agitators in gas and vapor service and in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) [Reserved]
    (c) Leak detection. (1) Monitoring method. Each agitator seal shall 
be monitored monthly to detect leaks by the methods specified in 
Sec. 63.1023(b) and, as

[[Page 1110]]

applicable, Sec. 63.1023(c), except as provided in Sec. 63.1021(b), 
Sec. 63.1036, Sec. 63.1037, or paragraph (e) of this section.
    (2) Instrument reading that defines a leak. If an instrument reading 
equivalent of 10,000 parts per million or greater is measured, a leak is 
detected.
    (3) Visual inspection. (i) Each agitator seal shall be checked by 
visual inspection each calendar week for indications of liquids dripping 
from the agitator seal. The owner or operator shall document that the 
inspection was conducted and the date of the inspection.
    (ii) If there are indications of liquids dripping from the agitator 
seal, the owner or operator shall follow the procedures specified in 
paragraphs (c)(3)(ii)(A) or (c)(3)(ii)(B) of this section prior to the 
next required inspection.
    (A) The owner or operator shall monitor the agitator seal as 
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), to 
determine if there is a leak of regulated material. If an instrument 
reading of 10,000 parts per million or greater is measured, a leak is 
detected, and it shall be repaired according to paragraph (d) of this 
section; or
    (B) The owner or operator shall eliminate the indications of liquids 
dripping from the agitator seal.
    (d) Leak repair. If a leak is detected, then the leak shall be 
repaired using the procedures in Sec. 63.1024.
    (e) Special provisions for agitators. (1) Dual mechanical seal. Each 
agitator equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (c) of 
this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(vi) of this section are met.
    (i) Each dual mechanical seal system shall meet the applicable 
requirements specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or 
(e)(1)(i)(C) of this section.
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except during periods of startup, shutdown, or malfunction) 
greater than the agitator stuffing box pressure; or
    (B) 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 meets the requirements of either Sec. 63.1034 or 
Sec. 63.1021(b); or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator 
seal. If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the owner or operator shall 
follow the procedure specified in paragraphs (e)(1)(iv)(A) or 
(e)(1)(iv)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the agitator seal as 
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), to 
determine the presence of regulated material in the barrier fluid. If an 
instrument reading equivalent to or greater than 10,000 ppm is measured, 
a leak is detected and it shall be repaired using the procedures in 
Sec. 63.1024, or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (v) Each sensor as described in paragraph (e)(1)(iii) of this 
section is observed daily or is equipped with an alarm unless the 
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system shall 
meet the requirements specified in paragraphs (e)(1)(vi)(A) and 
(e)(1)(vi)(B).
    (A) The owner or operator shall determine, based on design 
considerations and operating experience, criteria that indicates failure 
of the seal system, the barrier fluid system, or both and applicable to 
the presence and frequency of drips. If indications of liquids dripping 
from the agitator seal exceed the criteria, or if, based on the criteria 
the sensor indicates failure of the seal system, the barrier fluid 
system, or both, a leak is detected and

[[Page 1111]]

shall be repaired pursuant to Sec. 63.1024, as applicable.
    (B) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (2) No external shaft. Any agitator that is designed with no 
externally actuated shaft penetrating the agitator housing is exempt 
from paragraph (c) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed 
vent system. Any agitator that is routed to a process or fuel gas system 
that captures and transports leakage from the agitator to a control 
device meeting the requirements of either Sec. 63.1034 or 
Sec. 63.1021(b) is exempt from the requirements of paragraph (c) of this 
section.
    (4) Unmanned plant site. Any agitator that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (c)(3) and (e)(1)(iv) of this 
section, and the daily requirements of paragraph (e)(1)(v) of this 
section, provided that each agitator is visually inspected as often as 
practical and at least monthly.
    (5) Difficult-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1022(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (c) 
of this section and the owner or operator shall monitor the agitator 
seal according to the written plan specified in Sec. 63.1022(c)(4).
    (6) Equipment obstructions. Any agitator seal that is obstructed by 
equipment or piping that prevents access to the agitator by a monitor 
probe is exempt from the monitoring requirements of paragraph (c) of 
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1022(c)(1), as an unsafe-to-monitor 
agitator seal is exempt from the requirements of paragraph (c) of this 
section and the owner or operator of the agitator seal monitors the 
agitator seal according to the written plan specified in 
Sec. 63.1022(c)(4).



Sec. 63.1029  Pumps, valves, connectors, and agitators in heavy liquid service; pressure relief devices in liquid service; and instrumentation systems 
          standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection.
    (1) Monitoring method. Unless otherwise specified in 
Sec. 63.1021(b), Sec. 63.1036, or Sec. 63.1037, the owner or operator 
shall comply with paragraphs (b)(1) and (b)(2) of this section. 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. 63.1023(b) and, as applicable, Sec. 63.1023(c), 
if evidence of a potential leak to the atmosphere is found by visual, 
audible, olfactory, or any other detection method, unless the potential 
leak is repaired as required in paragraph (c) of this section.
    (2) Instrument reading that defines a leak. 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 and medical service, or 2,000 
parts per million or greater for all other pumps (including pumps in 
food/medical service), or 500 parts per million or greater for valves, 
connectors, instrumentation systems, and pressure relief devices is 
measured pursuant to paragraph (b)(1) of this section, a leak is 
detected and shall be repaired pursuant to Sec. 63.1024, as applicable.
    (c) Leak repair. For equipment identified in paragraph (b) of this 
section that is not monitored by the method specified in Sec. 63.1023(b) 
and, as applicable, Sec. 63.1023(c), 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.

[64 FR 34899, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]

[[Page 1112]]



Sec. 63.1030  Pressure relief devices in gas and vapor service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Compliance standard. Except during pressure releases as provided 
for in paragraph (c) of this section, or as otherwise specified in 
Secs. 63.1036, 63.1037, or paragraphs (d) and (e) of this section, each 
pressure relief device in gas and vapor service shall be operated with 
an instrument reading of less than 500 parts per million as measured by 
the method specified in Sec. 63.1023(b) and, as applicable, 
Sec. 63.1023(c).
    (c) Pressure relief requirements. (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, as soon as 
practical, but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 63.1024(d).
    (2) The pressure relief device shall be monitored no later than five 
calendar days after the pressure 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. 63.1023(b) and, 
as applicable, Sec. 63.1023(c).
    (3) The owner or operator shall record the dates and results of the 
monitoring required by paragraph (c)(2) of this section following a 
pressure release including the background level measured and the maximum 
instrument reading measured during the monitoring.
    (d) Pressure relief devices routed to a process or fuel gas system 
or equipped with a closed vent system and control device. 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 meeting the 
requirements of Sec. 63.1034 is exempt from the requirements of 
paragraphs (b) and (c) of this section.
    (e) Rupture disk exemption. Any pressure relief device that is 
equipped with a rupture disk upstream of the pressure relief device is 
exempt from the requirements of paragraphs (b) and (c) of this section 
provided the owner or operator installs a replacement rupture disk 
upstream of the pressure relief device as soon as practical after each 
pressure release but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 63.1024(d).



Sec. 63.1031  Compressors standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Seal system standard. 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 
Secs. 63.1021(b), 63.1036, 63.1037, and paragraphs (e) and (f) of this 
section. Each compressor seal system shall meet the applicable 
requirements specified in paragraph (b)(1), (b)(2), or (b)(3) of this 
section.
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure at all times (except during 
periods of startup, shutdown, or malfunction); 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 meets the requirements of either 
Sec. 63.1034 or Sec. 63.1021(b); or
    (3) Equipped with a closed-loop system that purges the barrier fluid 
directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light 
liquid service. Each barrier fluid system shall be equipped with a 
sensor that will detect failure of the seal system, barrier fluid 
system, or both. Each sensor shall be observed daily or shall be 
equipped with an alarm unless the compressor is located within the 
boundary of an unmanned plant site.
    (d) Failure criterion and leak detection. (1) 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. If the sensor indicates failure of the 
seal system, the barrier fluid system, or both based on the criterion, a 
leak is

[[Page 1113]]

detected and shall be repaired pursuant to Sec. 63.1024, as applicable.
    (2) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a closed 
vent system. A compressor is exempt from the requirements of paragraphs 
(b) through (d) of this section if it is equipped with a system to 
capture and transport leakage from the compressor drive shaft seal to a 
process or a fuel gas system or to a closed vent system that captures 
and transports leakage from the compressor to a control device meeting 
the requirements of either Sec. 63.1034 or Sec. 63.1021(b).
    (f) Alternative compressor standard. (1) Any compressor that is 
designated, as described in Sec. 63.1022(e), as operating with an 
instrument reading of less than 500 parts per million above background 
shall operate at all times with an instrument reading of less than 500 
parts per million. A compressor so designated is exempt from the 
requirements of paragraphs (b) through (d) of this section if the 
compressor is demonstrated, initially upon designation, annually, and at 
other times requested by the Administrator to be operating with an 
instrument reading of less than 500 parts per million above background, 
as measured by the method specified in Sec. 63.1023(b) and, as 
applicable, Sec. 63.1023(c).
    (2) The owner or operator shall record the dates and results of each 
compliance test including the background level measured and the maximum 
instrument reading measured during each compliance test.



Sec. 63.1032  Sampling connection systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Equipment requirement. Each sampling connection system shall be 
equipped with a closed-purge, closed-loop, or closed vent system, except 
as provided in Secs. 63.1021(b), 63.1036, 63.1037, or paragraph (d) of 
this section. Gases displaced during filling of the sample container are 
not required to be collected or captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop, 
or closed vent system as required in paragraph (b) of this section shall 
meet the applicable requirements specified in paragraphs (c)(1) through 
(c)(5) of this section.
    (1) The system shall return the purged process fluid directly to a 
process line or to a fuel gas system that meets the requirements of 
either Sec. 63.1034 or Sec. 63.1021(b); or
    (2) [Reserved]
    (3) Be designed and operated to capture and transport all the purged 
process fluid to a control device that meets the requirements of either 
Sec. 63.1034 or Sec. 63.1021(b); or
    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or 
(c)(4)(iii) of this section.
    (i) A waste management unit as defined in 40 CFR 63.111 or subpart 
G, if the waste management unit is subject to and operating in 
compliance with the provisions of 40 CFR part 63, subpart G, applicable 
to group 1 wastewater streams. If the purged process fluid does not 
contain any regulated material listed in Table 9 of 40 CFR part 63, 
subpart G, 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 steams provided the facility has a 
National Pollution Discharge Elimination System (NPDES) permit or sends 
the wastewater to an NPDES-permitted facility.
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR parts 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.
    (5) Containers that are part of a closed purge system must be 
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling 
systems without purges are exempt from

[[Page 1114]]

the requirements of paragraphs (b) and (c) of this section.



Sec. 63.1033  Open-ended valves or lines standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance date specified in the 
referencing subpart.
    (b) Equipment and operational requirements. (1) Each open-ended 
valve or line shall be equipped with a cap, blind flange, plug, or a 
second valve, except as provided in Secs. 63.1021(b), 63.1036, 63.1037, 
and paragraphs (c) and (d) of this section. 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. The operational provisions of paragraphs 
(b)(2) and (b)(3) of this section also apply.
    (2) 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.
    (3) 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 (b)(1) of 
this section at all other times.
    (c) Emergency shutdown exemption. Open-ended valves or lines in an 
emergency shutdown system that are designed to open automatically in the 
event of a process upset are exempt from the requirements of paragraph 
(b) of this section.
    (d) Polymerizing materials exemption. Open-ended valves or lines 
containing materials that 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 
paragraph (b) of this section are exempt from the requirements of 
paragraph (b) of this section.



Sec. 63.1034  Closed vent systems and control devices; or emissions routed to a fuel gas system or process standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance date specified in the 
referencing subpart.
    (b) Compliance standard. (1) Owners or operators routing emissions 
from equipment leaks to a fuel gas system or process shall comply with 
the provisions of subpart SS of this part, except as provided in 
Sec. 63.1002(b).
    (2) Owners or operators of closed vent systems and control devices 
used to comply with the provisions of this subpart shall comply with the 
provisions of subpart SS of this part and (b)(2)(i) through (b)(2)(iii) 
of this section, except as provided in Sec. 63.1002(b).
    (i) Nonflare control devices shall be designed and operated to 
reduce emissions of regulated material vented to them with an efficiency 
of 95 percent or greater, or to an exit concentration of 20 parts per 
million by volume, whichever is less stringent. The 20 parts per million 
by volume standard is not applicable to the provisions of Sec. 63.1016.
    (ii) Enclosed combustion devices shall be designed and operated to 
reduce emissions of regulated material 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 (1400 deg. F).
    (iii) Flares used to comply with the provisions of this subpart 
shall comply with the requirements of subpart SS of this part.



Sec. 63.1035  Quality improvement program for pumps.

    (a) Criteria. If, on a 6-month rolling average, at least the greater 
of either 10 percent of the pumps in a process unit or affected facility 
(or plant site) or three pumps in a process unit or affected facility 
(or plant site) leak, the owner or operator shall comply with the 
requirements specified in paragraphs (a)(1) and (a)(2) of this section.
    (1) Pumps that are in food and 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 and medical or polymerizing monomer

[[Page 1115]]

service shall comply with all of the requirements of this section.
    (b) Exiting the QIP. 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 affected 
facility (or plant site). Once the performance level is achieved, the 
owner or operator shall comply with the requirements in Sec. 63.1026.
    (c) Resumption of QIP. If, in a subsequent monitoring period, the 
process unit or affected facility (or plant site) has greater than 
either 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) QIP requirements. The quality improvement program shall meet the 
requirements specified in paragraphs (d)(1) through (d)(8) of this 
section.
    (1) The owner or operator shall comply with the requirements in 
Sec. 63.1026.
    (2) Data collection. The owner or operator shall collect the data 
specified in paragraphs (d)(2)(i) through (d)(2)(v) of this section and 
maintain records for each pump in each process unit or affected facility 
(or plant site) subject to the quality improvement program. The data may 
be collected and the records may be maintained on a process unit, 
affected facility, 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 
or affected facilities, a description of any maintenance or quality 
assurance programs used in the process unit or affected facility 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 affected facility (or plant site) 
remains in the quality improvement program.
    (4) Pump or pump seal inspection. The owner or operator shall 
inspect all pumps or pump seals that exhibited frequent seal failures 
and were removed from the process unit or affected facility 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) Data analysis. 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, 
affected facility, or plant site. A candidate superior performing pump 
or

[[Page 1116]]

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 affected facility (or plant site).
    (iii) The analysis shall include consideration of the information 
specified in paragraphs (d)(5)(iii)(A) through (d)(5)(iii)(C) of this 
section.
    (A) The data obtained from the inspections of pumps and pump seals 
removed from the process unit or affected facility due to leaks;
    (B) Information from the available literature and from the 
experience of other plant sites that will identify pump designs or 
technologies and operating conditions associated with low emission 
performance for specific services; and
    (C) Information on limitations on the service conditions for the 
pump seal technology operating conditions as well as information on 
maintenance procedures to ensure continued low emission performance.
    (iv) The data analysis may be conducted through an inter- or intra-
company program (or through some combination of the two approaches) and 
may be for a single process unit, a plant site, a company, or a group of 
process units.
    (v) The first analysis of the data shall be completed no later than 
18 months after the start of the quality improvement program. The first 
analysis shall be performed using data collected for a minimum of 6 
months. An analysis of the data shall be done each year the process unit 
or affected facility is in the quality improvement program.
    (6) Trial evaluation program. 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 affected facility (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 evaluation 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 paragraph (e)(3)(ii) of this section.
    (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 or affected facilities and the 
lesser of 1 percent or five pumps for programs involving a plant site or 
groups of process units or affected facilities. 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 the information specified in paragraphs (d)(6)(iii)(A) 
through (d)(6)(iii)(D) of this section.
    (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

[[Page 1117]]

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 or affected facility. 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 are obtained.
    (v) Any plant site with fewer than 400 valves and owned by a 
corporation with fewer than 100 employees shall be exempt from trial 
evaluations of pump seals or pump designs. Plant sites exempt from the 
trial evaluations of pumps shall begin the pump seal or pump replacement 
program at the start of the fourth year of the quality improvement 
program.
    (vi) An owner or operator who has conducted performance trials on 
all alternative superior emission performance technologies suitable for 
the required applications in the process unit or affected facility 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) Quality assurance program. 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 or affected facility. 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; and, if applicable, the 
findings of the trial evaluation required in paragraph (d)(6) of this 
section; and the operating conditions in the process unit or affected 
facility. The quality assurance program shall be updated each year as 
long as the process unit or affected facility has the greater of either 
10 percent or more leaking pumps or has three leaking pumps.
    (i) The quality assurance program shall meet the requirements 
specified in paragraphs (d)(7)(i)(A) through (d)(7)(i)(D) of this 
section.
    (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 affected facility, 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 so 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

[[Page 1118]]

less than 400 valves and less than 100 employees.
    (8) Pump or pump seal replacement. Three years after the start 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 that 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, 
affected facility, or plant site. Superior emission performance 
technology includes material or design changes to the existing pump, 
pump seal, seal support system, installation of multiple mechanical 
seals or equivalent, or pump replacement.
    (i) Pumps or pump seals shall be replaced at the rate of 20 percent 
per year based on the total number of pumps in light liquid service. The 
calculated value shall be rounded to the nearest nonzero integer value. 
The minimum number of pumps or pump seals shall be one. Pump replacement 
shall continue until all pumps subject to the requirements of 
Sec. 63.1026 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 or 
affected facility 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.
    (e) QIP recordkeeping. In addition to the records required by 
paragraph (d)(2) of this section, the owner or operator shall maintain 
records for the period of the quality improvement program for the 
process unit or affected facility as specified in paragraphs (e)(1) 
through (e)(6) of this section.
    (1) When using a pump quality improvement program as specified in 
this section, record the information specified in paragraphs (e)(1)(i) 
through (e)(1)(iii) of this section.
    (i) The rolling average percent leaking pumps.
    (ii) Documentation of all inspections conducted under the 
requirements of paragraph (d)(4) of this section, and any 
recommendations for design or specification changes to reduce leak 
frequency.
    (iii) The beginning and ending dates while meeting the requirements 
of paragraph (d) of this section.
    (2) 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.
    (3) Records of all analyses required in paragraph (d) of this 
section. The records will include the information specified in 
paragraphs (e)(3)(i) through (e)(3)(iv) of this section.
    (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 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 paragraph (d)(6)(iii) of this section.
    (iv) The beginning date and duration of performance trials of each 
candidate superior emission performing technology.
    (4) All records documenting the quality assurance program for pumps 
as specified in paragraph (d)(7) of this section, including records 
indicating that all pumps replaced or modified during the period of the 
quality improvement program are in compliance with the quality 
assurance.

[[Page 1119]]

    (5) Records documenting compliance with the 20 percent or greater 
annual replacement rate for pumps as specified in paragraph (d)(8) of 
this section.
    (6) Information and data to show the corporation has fewer than 100 
employees, including employees providing professional and technical 
contracted services.



Sec. 63.1036  Alternative means of emission limitation: Batch processes.

    (a) General requirement. As an alternative to complying with the 
requirements of Secs. 63.1025 through 63.1033 and Sec. 63.1035, an owner 
or operator of a batch process that operates in regulated material 
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. 63.1021(b). 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 paragraph (b)(7) of this 
section.
    (b) Pressure testing of the batch equipment. 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.
    (1) Reconfiguration. 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 
regulated material is first fed to the equipment and the equipment is 
placed in regulated material service.
    (i) When the batch product-process equipment 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 regulated material 
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, that are not part of the reconfiguration 
to produce a different product or intermediate.
    (2) Testing procedures. The batch product process equipment shall be 
tested either using the procedures specified in paragraph (b)(5) of this 
section for pressure vacuum loss or with a liquid using the procedures 
specified in paragraph (b)(6) of this section.
    (3) Leak detection. (i) For pressure or vacuum tests using a gas, a 
leak is detected if the rate of change in pressure is greater than 6.9 
kilopascals (1 pound per square inch gauge) 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) Leak repair. (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 (the second of two 
consecutive pressure tests), it shall be repaired as soon as practical, 
but not later than 30 calendar days after the second pressure test 
except as specified in paragraph (e) of this section.
    (5) Gas pressure test procedure for pressure or vacuum loss. The 
procedures specified in paragraphs (b)(5)(i) through (b)(5)(v) of this 
section shall be used to pressure test batch product-process equipment 
for pressure or vacuum loss to demonstrate compliance with the 
requirements of paragraph (b)(3)(i) of this section.
    (i) 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.
    (ii) Once the test pressure is obtained, the gas source or vacuum 
source shall be shut off.
    (iii) 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

[[Page 1120]]

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] TR29JN99.014

Where:

 (P/t) = Change in pressure, pounds per square inch gauge per 
          hour.
Pf = Final pressure, pounds per square inch gauge.
Pi = Initial pressure, pounds per square inch gauge.
tf - ti = Elapsed time, hours.

    (iv) The pressure shall be measured using a pressure measurement 
device (gauge, manometer, or equivalent) that has a precision of 
2.5 millimeter mercury (0.10 inch of 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 1 pound per square inch 
gauge per hour (7 kilopascals per hour).
    (v) 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.
    (6) Pressure test procedure using test liquid. The procedures 
specified in paragraphs (b)(6)(i) through (b)(6)(iv) of this section 
shall be used to pressure-test batch product-process equipment using a 
liquid to demonstrate compliance with the requirements of paragraph 
(b)(3)(ii) of this section.
    (i) The batch product-process equipment train, or section of the 
equipment 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.
    (ii) 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.
    (iii) 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.
    (iv) 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.
    (7) Pressure testing recordkeeping. 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 shall 
maintain records of the information specified in paragraphs (b)(7)(i) 
through (b)(7)(v) of this section.
    (i) 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.
    (ii) Physical tagging of the equipment to identify that it is in 
regulated material 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.
    (iii) The dates of each pressure test required in paragraph (b) of 
this section, the test pressure, and the pressure drop observed during 
the test.
    (iv) Records of any visible, audible, or olfactory evidence of fluid 
loss.
    (v) When a batch product process equipment train does not pass two 
consecutive pressure tests, the information specified in paragraphs 
(b)(7)(v)(A) through (b)(7)(v)(E) of this section shall be recorded in a 
log and kept for 2 years:
    (A) The date of each pressure test and the date of each leak repair 
attempt.
    (B) Repair methods applied in each attempt to repair the leak.
    (C) The reason for the delay of repair.
    (D) The expected date for delivery of the replacement equipment and 
the actual date of delivery of the replacement equipment; and
    (E) The date of successful repair.

[[Page 1121]]

    (c) Equipment monitoring. The following requirements shall be met if 
an owner or operator elects to monitor the equipment in a batch process 
to detect leaks by the method specified in Sec. 63.1023(b) and, as 
applicable, Sec. 63.1023(c), to demonstrate compliance with this 
subpart.
    (1) The owner or operator shall comply with the requirements of 
Secs. 63.1025 through 63.1035 as modified by paragraphs (c)(2) through 
(c)(4) of this section.
    (2) The equipment shall be monitored for leaks by the method 
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), when 
the equipment is in regulated material service or is in use with any 
other detectable material.
    (3) The equipment shall be monitored for leaks as specified in 
paragraphs (c)(3)(i) through (c)(3)(iv) of this section.
    (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 or affected facility.
    (ii) Connectors shall be monitored in accordance with the 
requirements in Sec. 63.1027.
    (iii) Equipment other than connectors shall be monitored at the 
frequencies specified in table 1 to 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 paragraph (c)(3)(iii) 
of this section are not requirements for monitoring at specific 
intervals and can be adjusted to accommodate process operations. An 
owner or operator may monitor anytime during the specified monitoring 
period (e.g., month, quarter, year), provided the monitoring is 
conducted at a reasonable interval after completion of the last 
monitoring campaign. For example, if the equipment is not operating 
during the scheduled monitoring period, the monitoring can be done 
during the next period when the process is operating.
    (4) If a leak is detected, it shall be repaired as soon as practical 
but not later than 15 calendar days after it is detected, except as 
provided in paragraph (e) of this section.
    (d) Added equipment recordkeeping. (1) For batch product-process 
units or affected facilities that the owner or operator elects to 
monitor as provided under paragraph (c) of this section, the owner or 
operator shall prepare a list of equipment added to batch product 
process units or affected facilities since the last monitoring period 
required in paragraphs (c)(3)(ii) and (c)(3)(iii) of this section.
    (2) Maintain 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 or affected 
facility. These records are not required if the owner or operator does 
not adjust monitoring frequency by the time in use, as provided in 
paragraph (c)(3)(iii) of this section.
    (3) Record and keep pursuant to the referencing subpart and this 
subpart, the date and results of the monitoring required in paragraph 
(c)(3)(i) of this section for equipment added to a batch product-process 
unit or affected facility since the last monitoring period required in 
paragraphs (c)(3)(ii) and (c)(3)(iii) of this section. If no leaking 
equipment is found during this monitoring, the owner or operator shall 
record that the inspection was performed. Records of the actual 
monitoring results are not required.
    (e) Delay of repair. Delay of repair of equipment for which leaks 
have been detected is allowed if the replacement equipment is not 
available providing the conditions specified in paragraphs (e)(1) and 
(e)(2) of this section 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.

[[Page 1122]]

    (f) Periodic report contents. For owners or operators electing to 
meet the requirements of paragraph (b) of this section, the Periodic 
Report to be filed pursuant to Sec. 63.1039(b) shall include the 
information listed in paragraphs (f)(1) through (f)(4) of this section 
for each process unit.
    (1) Batch product process equipment train identification;
    (2) The number of pressure tests conducted;
    (3) The number of pressure tests where the equipment train failed 
the pressure test; and (4) The facts that explain any delay of repairs.



Sec. 63.1037  Alternative means of emission limitation: Enclosed-vented process units or affected facilities.

    (a) Use of closed vent system and control device. Process units or 
affected facilities or portions of process units at affected facilities 
enclosed in such a manner that all emissions from equipment leaks are 
vented through a closed vent system to a control device or routed to a 
fuel gas system or process meeting the requirements of Sec. 63.1034 are 
exempt from the requirements of Secs. 63.1025 through 63.1033 and 
63.1035. The enclosure shall be maintained under a negative pressure at 
all times while the process unit or affected facility is in operation to 
ensure that all emissions are routed to a control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the 
requirements of this section shall maintain the records specified in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Identification of the process unit(s) or affected facilities and 
the regulated materials they handle.
    (2) A schematic of the process unit or affected facility, 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.



Sec. 63.1038  Recordkeeping requirements.

    (a) Recordkeeping system. An owner or operator of more than one 
regulated source subject to the provisions of this subpart may comply 
with the recordkeeping requirements for these regulated sources in one 
recordkeeping system. The recordkeeping system shall identify each 
record by regulated source and the type of program being implemented 
(e.g., quarterly monitoring, quality improvement) for each type of 
equipment. The records required by this subpart are summarized in 
paragraphs (b) and (c) of this section.
    (b) General equipment leak records. (1) As specified in 
Sec. 63.1022(a) and (b), the owner or operator shall keep general and 
specific equipment identification if the equipment is not physically 
tagged and the owner or operator is electing to identify the equipment 
subject to this subpart through written documentation such as a log or 
other designation.
    (2) The owner or operator shall keep a written plan as specified in 
Sec. 63.1022(c)(4) for any equipment that is designated as unsafe- or 
difficult-to-monitor.
    (3) The owner or operator shall maintain a record of the identity 
and an explanation as specified in Sec. 63.1022(d)(2) for any equipment 
that is designated as unsafe-to-repair.
    (4) As specified in Sec. 63.1022(e), the owner or operator shall 
maintain the identity of compressors operating with an instrument 
reading of less than 500 parts per million.
    (5) The owner or operator shall keep records associated with the 
determination that equipment is in heavy liquid service as specified in 
Sec. 63.1022(f).
    (6) The owner or operator shall keep records for leaking equipment 
as specified in Sec. 63.1023(e)(2).
    (7) The owner or operator shall keep records for leak repair as 
specified in Sec. 63.1024(f) and records for delay of repair as 
specified in Sec. 63.1024(d).
    (c) Specific equipment leak records. (1) For valves, the owner or 
operator shall maintain the records specified in paragraphs (c)(1)(i) 
and (c)(1)(ii) of this section.
    (i) The monitoring schedule for each process unit as specified in 
Sec. 63.1025(b)(3)(vi).
    (ii) The valve subgrouping records specified in 
Sec. 63.1025(b)(4)(iv), if applicable.
    (2) For pumps, the owner or operator shall maintain the records 
specified in

[[Page 1123]]

paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
    (i) Documentation of pump visual inspections as specified in 
Sec. 63.1026(b)(4).
    (ii) Documentation of dual mechanical seal pump visual inspections 
as specified in Sec. 63.1026(e)(1)(v).
    (iii) For the criteria as to the presence and frequency of drips for 
dual mechanical seal pumps, records of the design criteria and 
explanations and any changes and the reason for the changes, as 
specified in Sec. 63.1026(e)(1)(i).
    (3) For connectors, the owner or operator shall maintain the 
monitoring schedule for each process unit as specified in 
Sec. 63.1027(b)(3)(v).
    (4) For agitators, the owner or operator shall maintain the 
following records:
    (i) Documentation of agitator seal visual inspections as specified 
in Sec. 63.1028; and
    (ii) For the criteria as to the presence and frequency of drips for 
agitators, the owner or operator shall keep records of the design 
criteria and explanations and any changes and the reason for the 
changes, as specified in Sec. 63.1028(e)(1)(vi).
    (5) For pressure relief devices in gas and vapor or light liquid 
service, the owner or operator shall keep records of the dates and 
results of monitoring following a pressure release, as specified in 
Sec. 63.1030(c)(3).
    (6) For compressors, the owner or operator shall maintain the 
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this 
section.
    (i) For criteria as to failure of the seal system and/or the barrier 
fluid system, record the design criteria and explanations and any 
changes and the reason for the changes, as specified in 
Sec. 63.1031(d)(2).
    (ii) For compressors operating under the alternative compressor 
standard, record the dates and results of each compliance test as 
specified in Sec. 63.1031(f)(2).
    (7) For a pump QIP program, the owner or operator shall maintain the 
records specified in paragraphs (c)(7)(i) through (c)(7)(v) of this 
section.
    (i) Individual pump records as specified in Sec. 63.1035(d)(2).
    (ii) Trial evaluation program documentation as specified in 
Sec. 63.1035(d)(6)(iii).
    (iii) Engineering evaluation documenting the basis for judgement 
that superior emission performance technology is not applicable as 
specified in Sec. 63.1035(d)(6)(vi).
    (iv) Quality assurance program documentation as specified in 
Sec. 63.1035(d)(7).
    (v) QIP records as specified in Sec. 63.1035(e).
    (8) For process units complying with the batch process unit 
alternative, the owner or operator shall maintain the records specified 
in paragraphs (c)(8)(i) and (c)(8)(ii) of this section.
    (i) Pressure test records as specified in Sec. 63.1036(b)(7).
    (ii) Records for equipment added to the process unit as specified in 
Sec. 63.1036(d).
    (9) For process units complying with the enclosed-vented process 
unit alternative, the owner or operator shall maintain the records for 
enclosed-vented process units as specified in Sec. 63.1037(b).



Sec. 63.1039  Reporting requirements.

    (a) Initial Compliance Status Report. Each owner or operator shall 
submit an Initial Compliance Status Report according to the procedures 
in the referencing subpart. The notification shall include the 
information listed in paragraphs (a)(1) through (a)(3) of this section, 
as applicable.
    (1) The notification shall provide the information listed in 
paragraphs (a)(1)(i) through (a)(1)(iv) of this section for each process 
unit or affected facility subject to the requirements of this subpart.
    (i) Process unit or affected facility identification.
    (ii) Number of each equipment type (e.g., valves, pumps) excluding 
equipment in vacuum service.
    (iii) Method of compliance with the standard (e.g., ``monthly leak 
detection and repair'' or ``equipped with dual mechanical seals'').
    (iv) Planned schedule for requirements in Secs. 63.1025 and 63.1026.
    (2) The notification shall provide the information listed in 
paragraphs (a)(2)(i) and (a)(2)(ii) of this section for each process 
unit or affected facility

[[Page 1124]]

subject to the requirements of Sec. 63.1036(b).
    (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 (a)(3)(i) and (a)(3)(ii) of this section for each process 
unit or affected facility subject to the requirements in Sec. 63.1037.
    (i) Process unit or affected facility 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. 63.1034 of this part.
    (b) Periodic Reports. The owner or operator shall report the 
information specified in paragraphs (b)(1) through (b)(8) of this 
section, as applicable, in the Periodic Report specified in the 
referencing subpart.
    (1) For the equipment specified in paragraphs (b)(1)(i) through 
(b)(1)(v) of this section, report in a summary format by equipment type, 
the number of components for which leaks were detected and for valves, 
pumps and connectors show the percent leakers, and the total number of 
components monitored. Also include the number of leaking components that 
were not repaired as required by Sec. 63.1024, and for valves and 
connectors, identify the number of components that are determined by 
Sec. 63.1025(c)(3) to be nonrepairable.
    (i) Valves in gas and vapor service and in light liquid service 
pursuant to Sec. 63.1025(b) and (c).
    (ii) Pumps in light liquid service pursuant to Sec. 63.1026(b) and 
(c).
    (iii) Connectors in gas and vapor service and in light liquid 
service pursuant to Sec. 63.1027(b) and (c).
    (iv) Agitators in gas and vapor service and in light liquid service 
pursuant to Sec. 63.1028(c).
    (v) Compressors pursuant to Sec. 63.1031(d).
    (2) Where any delay of repair is utilized pursuant to 
Sec. 63.1024(d), report that delay of repair has occurred and report the 
number of instances of delay of repair.
    (3) If applicable, report the valve subgrouping information 
specified in Sec. 63.1025(b)(4)(iv).
    (4) For pressure relief devices in gas and vapor service pursuant to 
Sec. 63.1030(b) and for compressors pursuant to Sec. 63.1031(f) that are 
to be operated at a leak detection instrument reading of less than 500 
parts per million, report the results of all monitoring to show 
compliance conducted within the semiannual reporting period.
    (5) Report, if applicable, the initiation of a monthly monitoring 
program for valves pursuant to Sec. 63.1025(b)(3)(i).
    (6) Report, if applicable, the initiation of a quality improvement 
program for pumps pursuant to Sec. 63.1035.
    (7) Where the alternative means of emissions limitation for batch 
processes is utilized, report the information listed in Sec. 63.1036(f).
    (8) Report the information listed in paragraph (a) of this section 
for the Initial Compliance Status Report for process units or affected 
facilities with later compliance dates. Report any revisions to items 
reported in an earlier Initial Compliance Status Report if the method of 
compliance has changed since the last report.

        Table 1 to Subpart UU.--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.
----------------------------------------------------------------------------------------------------------------


[[Page 1125]]



  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.
    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 to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors 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

[[Page 1126]]

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 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, 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.

[61 FR 34195, July 1, 1996, as amended at 64 FR 38991, July 20, 1999]



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 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

[[Page 1127]]

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 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.

[[Page 1128]]

    (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 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  Standards--Pressurized separator.

    (a) This section applies to owners and operators controlling air 
emissions from an oil-water or organic-water separator that is 
pressurized and is operated as a closed-system.
    (b) The pressurized separator must meet the following requirements.

[[Page 1129]]

    (1) The separator must be designed not to vent to the atmosphere as 
a result of compression of the vapor headspace in the separator during 
operation of the separator at its design capacity.
    (2) All separator openings must be equipped with closure devices 
designed to operate with no detectable organic emissions as determined 
using the procedure specified in Sec. 63.1046(a) of this subpart.
    (3) Whenever a regulated-material is in the separator, the separator 
must be operated as a closed system that does not vent to the atmosphere 
except under either of the following conditions as specified in 
paragraph (b)(3)(i) or (b)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in 
Sec. 63.1041 of this subpart, is required to avoid an unsafe condition.
    (ii) At those times when purging of inerts from the separator is 
required and the purge stream is routed to a closed-vent system and 
control device designed and operated in accordance with the applicable 
requirements of Sec. 63.693 in subpart DD--National Emission Standards 
for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery 
Operations.

64 FR 38991, July 20, 1999]



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 unit contains a material 
having a total organic concentration representative of the range of 
concentrations for the 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 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 or n-hexane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must 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) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in

[[Page 1130]]

paragraph (a)(8)(i) or (a)(8)(ii) of this section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (a)(9) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (a)(6) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (a)(9) of this section.
    (9) A potential leak interface is determined to operate with no 
detectable emissions using the applicable criteria specified in 
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft 
that passes through a cover opening, the potential leak interface is 
determined to operate with no detectable organic emissions if the 
organic concentration value determined in paragraph (a)(8) is less than 
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration value determined in 
paragraph (a)(8) is less than 10,000 ppmv.
    (b) Procedure for performing floating roof seal gap measurements for 
the purpose of complying with this subpart.
    (1) The owner or operator shall determine the total surface area of 
gaps in the primary seal and in the secondary seal individually.
    (2) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (3) Seal gaps, if any, shall be measured around the entire perimeter 
of the floating roof in each place where 0.32-centimeter (cm) (\1/8\ 
inch) 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.

[61 FR 34195, July 1, 1996, as amended at 64 FR 38991, July 20, 1999]



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 must perform an initial inspection 
following installation of the fixed roof. Thereafter, the owner or 
operator must perform the inspections at least once every calendar year 
except as provided for in paragraph (e) of this section.

[[Page 1131]]

    (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 
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 must perform an initial inspection 
following installation of the fixed roof. Thereafter, the owner or 
operator must perform the inspections at least once every calendar year 
except as provided for in paragraph (e) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the

[[Page 1132]]

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.
    (e) Alternative inspection interval. Following the initial 
inspection of a fixed roof in accordance with the applicable provisions 
of this section, subsequent inspection of the fixed roof may be 
performed at intervals longer than 1 year when an owner or operator 
determines that performing the required inspection would expose a worker 
to dangerous, hazardous, or otherwise unsafe conditions and the owner or 
operator complies with the requirements specified in paragraphs (e)(1) 
and (e)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant 
site written documentation identifying the specific fixed roof 
designated as ``unsafe to inspect.'' The documentation must include for 
each fixed roof designated as such a written explanation of the reasons 
why the fixed roof is unsafe to inspect using the applicable procedures 
under this section.
    (2) The owner or operator must develop and implement a written plan 
and schedule to inspect and monitor the fixed roof using the applicable 
procedures specified in this section during times when a worker can 
safely access the fixed roof. The required inspections and monitoring 
must be performed as frequently as practicable but do not need to be 
performed more frequently than the periodic schedule that would be 
otherwise applicable to the fixed roof under the provisions of this 
section. A copy of the written plan and schedule must be maintained at 
the plant site.

[61 FR 34195, July 1, 1996, as amended at 64 FR 38992, July 20, 1999]



Sec. 63.1048  Recordkeeping requirements.

    (a) Each owner or operator shall prepare and maintain the following 
records:
    (1) Documentation describing the design of each floating roof and 
fixed roof installed on a separator, as applicable to the separator. 
When a floating roof is used, the documentation shall include the 
dimensions of the separator bay or section in which the floating roof is 
installed.
    (2) A record for each inspection required by Sec. 63.1047 of this 
subpart that includes the following information: a separator 
identification number (or other unique identification description as 
selected by the owner or operator) and the date of inspection.
    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.1047 of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec. 63.1047(d)(2) of this section, the owner or 
operator shall

[[Page 1133]]

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.



  Subpart WW--National Emission Standards for Storage Vessels (Tanks)--
                             Control Level 2

    Source: 64 FR 34918, June 29, 1999, unless otherwise noted.



Sec. 63.1060  Applicability.

    The provisions of this subpart apply to the control of air emissions 
from storage vessels for which another subpart references the use of 
this subpart for such air emission control. These air emission standards 
for storage vessels are placed here for administrative convenience and 
only apply to those owners and operators of facilities subject to a 
referencing subpart. The provisions of subpart A (General Provisions) of 
this part do not apply to this subpart except as noted in the 
referencing subpart.



Sec. 63.1061  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in this section.
    Capacity means the volume of liquid that is capable of being stored 
in a vessel, determined by multiplying the vessel's internal cross-
sectional area by the internal height of the shell.
    Deck cover means a device which covers an opening in a floating roof 
deck. Some deck covers move horizontally relative to the deck (i.e., a 
sliding cover).
    Empty or emptying means the partial or complete removal of stored 
liquid from a storage vessel. Storage vessels that contain liquid only 
as wall or bottom clingage, or in pools due to bottom irregularities, 
are considered completely empty.
    External floating roof or EFR means a floating roof located in a 
storage vessel without a fixed roof.
    Fill or filling means the introduction of liquid into a storage 
vessel, but not necessarily to capacity.
    Fixed roof means a roof that is mounted (i.e., permanently affixed) 
on a storage vessel and that does not move with fluctuations in stored 
liquid level.
    Flexible fabric sleeve seal means a seal made of an elastomeric 
fabric (or other material) which covers an opening in a

[[Page 1134]]

floating roof deck, and which allows the penetration of a fixed roof 
support column. The seal is attached to the rim of the deck opening and 
extends to the outer surface of the column. The seal is draped (but does 
not contact the stored liquid) to allow the horizontal movement of the 
deck relative to the column.
    Floating roof means a roof that floats on the surface of the liquid 
in a storage vessel. A floating roof substantially covers the stored 
liquid surface (but is not necessarily in contact with the entire 
surface), and is comprised of a deck, a rim seal, and miscellaneous deck 
fittings.
    Initial fill or initial filling means the first introduction of 
liquid into a storage vessel that is either newly constructed or has not 
been in liquid service for a year or longer.
    Internal floating roof or IFR means a floating roof located in a 
storage vessel with a fixed roof. For the purposes of this subpart, an 
external floating roof located in a storage vessel to which a fixed roof 
has been added is considered to be an internal floating roof.
    Liquid-mounted seal means a resilient or liquid-filled rim seal 
designed to contact the stored liquid.
    Mechanical shoe seal or metallic shoe seal means a rim seal 
consisting of a band of metal (or other suitable material) as the 
sliding contact with the wall of the storage vessel, and a fabric seal 
to close the annular space between the band and the rim of the floating 
roof deck. The band is typically formed as a series of sheets (shoes) 
that are overlapped or joined together to form a ring. The lower end of 
the band extends into the stored liquid.
    Pole float means a float located inside a guidepole that floats on 
the surface of the stored liquid. The rim of the float has a wiper or 
seal that extends to the inner surface of the pole.
    Pole sleeve means a device which extends from either the cover or 
the rim of an opening in a floating roof deck to the outer surface of a 
pole that passes through the opening. The sleeve extends into the stored 
liquid.
    Pole wiper means a seal that extends from either the cover or the 
rim of an opening in a floating roof deck to the outer surface of a pole 
that passes through the opening.
    Referencing subpart means the subpart that refers an owner or 
operator to this subpart.
    Rim seal means a device attached to the rim of a floating roof deck 
that spans the annular space between the deck and the wall of the 
storage vessel. When a floating roof has only one such device, it is a 
primary seal; when there are two seals (one mounted above the other), 
the lower seal is the primary seal and the upper seal is the secondary 
seal.
    Slotted guidepole means a guidepole or gaugepole that has slots or 
holes through the wall of the pole. The slots or holes allow the stored 
liquid to flow into the pole at liquid levels above the lowest operating 
level.
    Storage vessel or 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.
    Vapor-mounted seal means a rim seal designed not to be in contact 
with the stored liquid. Vapor-mounted seals may include, but are not 
limited to, resilient seals and flexible wiper seals.



Sec. 63.1062  Storage vessel control requirements.

    (a) For each storage vessel to which this subpart applies, the owner 
or operator shall comply with one of the requirements listed in 
paragraphs (a)(1) through (a)(3) of this section.
    (1) Operate and maintain an IFR.
    (2) Operate and maintain an EFR.
    (3) Equivalent requirements. Comply with an equivalent to the 
requirements in paragraph (a)(1) or (a)(2) of this section, as provided 
in Sec. 63.1064.
    (b) [Reserved]



Sec. 63.1063  Floating roof requirements.

    The owner or operator who elects to use a floating roof to comply 
with the requirements of Sec. 63.1062 shall comply with the requirements 
in paragraphs (a) through (e) of this section.
    (a) Design requirements. (1) Rim seals. (i) Internal floating roof. 
An IFR shall be equipped with one of the seal configurations listed in 
paragraphs

[[Page 1135]]

(a)(1)(i)(A) through (a)(1)(i)(C) of this section.
    (A) A liquid-mounted seal.
    (B) A mechanical shoe seal.
    (C) Two seals mounted one above the other. The lower seal may be 
vapor-mounted.
    (D) If the IFR is equipped with a vapor-mounted seal as of the 
proposal date for a referencing subpart, paragraphs (a)(1)(i)(A) through 
(a)(1)(i)(C) of this section do not apply until the next time the 
storage vessel is completely emptied and degassed, or 10 years after 
promulgation of the referencing subpart, whichever occurs first.
    (ii) External floating roof. An EFR shall be equipped with one of 
the seal configurations listed in paragraphs (a)(1)(ii)(A) and 
(a)(1)(ii)(B) of this section.
    (A) A liquid-mounted seal and a secondary seal.
    (B) A mechanical shoe seal and a secondary seal. The upper end of 
the shoe(s) shall extend a minimum of 61 centimeters (24 inches) above 
the stored liquid surface.
    (C) If the EFR is equipped with a liquid-mounted seal or mechanical 
shoe seal, or a vapor-mounted seal and secondary seal, as of the 
proposal date for a referencing subpart, the seal options specified in 
paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) of this section do not apply 
until the next time the storage vessel is completely emptied and 
degassed, or 10 years after the promulgation date of the referencing 
subpart, whichever occurs first.
    (2) Deck fittings. Openings through the deck of the floating roof 
shall be equipped as described in paragraphs (a)(2)(i) through 
(a)(2)(viii) of this section.
    (i) Each opening except those for automatic bleeder vents (vacuum 
breaker vents) and rim space vents shall have its lower edge below the 
surface of the stored liquid.
    (ii) Each opening except those for automatic bleeder vents (vacuum 
breaker vents), rim space vents, leg sleeves, and deck drains shall be 
equipped with a deck cover. The deck cover shall be equipped with a 
gasket between the cover and the deck.
    (iii) Each automatic bleeder vent (vacuum breaker vent) and rim 
space vent shall be equipped with a gasketed lid, pallet, flapper, or 
other closure device.
    (iv) Each opening for a fixed roof support column may be equipped 
with a flexible fabric sleeve seal instead of a deck cover.
    (v) Each opening for a sample well or deck drain (that empties into 
the stored liquid) may be equipped with a slit fabric seal or similar 
device that covers at least 90 percent of the opening, instead of a deck 
cover.
    (vi) Each cover on access hatches and gauge float wells shall be 
designed to be bolted or fastened when closed.
    (vii) Each opening for an unslotted guidepole shall be equipped with 
a pole wiper, and each unslotted guidepole shall be equipped with a 
gasketed cap on the top of the guidepole.
    (viii) Each opening for a slotted guidepole shall be equipped with 
one of the control device configurations specified in paragraphs 
(a)(2)(viii)(A) and (a)(2)(viii)(B) of this section.
    (A) A pole wiper and a pole float. The wiper or seal of the pole 
float shall be at or above the height of the pole wiper.
    (B) A pole wiper and a pole sleeve.
    (ix) If the floating roof does not meet the requirements listed in 
paragraphs (a)(2)(i) through (a)(2)(viii) of this section as of the 
proposal date of the referencing subpart, these requirements do not 
apply until the next time the vessel is completely emptied and degassed, 
or 10 years after the promulgation date of the referencing subpart, 
whichever occurs first.
    (b) Operational requirements. (1) The floating roof shall float on 
the stored liquid surface at all times, except when the floating roof is 
supported by its leg supports or other support devices (e.g., hangers 
from the fixed roof).
    (2) When the storage vessel is storing liquid, but the liquid depth 
is insufficient to float the floating roof, the process of filling to 
the point of refloating the floating roof shall be continuous and shall 
be performed as soon as practical.
    (3) Each cover over an opening in the floating roof, except for 
automatic bleeder vents (vacuum breaker vents) and rim space vents, 
shall be closed at

[[Page 1136]]

all times, except when the cover must be open for access.
    (4) Each automatic bleeder vent (vacuum breaker vent) and rim space 
vent shall be closed at all times, except when required to be open to 
relieve excess pressure or vacuum, in accordance with the manufacturer's 
design.
    (5) Each unslotted guidepole cap shall be closed at all times except 
when gauging the liquid level or taking liquid samples.
    (c) Inspection frequency requirements. (1) Internal floating roofs. 
Internal floating roofs shall be inspected as specified in paragraph 
(d)(1) of this section before the initial filling of the storage vessel. 
Subsequent inspections shall be performed as specified in paragraph 
(c)(1)(i) or (c)(1)(ii) of this section.
    (i) Internal floating roofs shall be inspected as specified in 
paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section.
    (A) At least once per year the IFR shall be inspected as specified 
in paragraph (d)(2) of this section.
    (B) Each time the storage vessel is completely emptied and degassed, 
or every 10 years, whichever occurs first, the IFR shall be inspected as 
specified in paragraph (d)(1) of this section.
    (ii) Instead of the inspection frequency specified in paragraph 
(c)(1)(i) of this section, internal floating roofs with two rim seals 
may be inspected as specified in paragraph (d)(1) of this section each 
time the storage vessel is completely emptied and degassed, or every 5 
years, whichever occurs first.
    (2) External floating roofs. External floating roofs shall be 
inspected as specified in paragraphs (c)(2)(i) through (c)(2)(iv) of 
this section.
    (i) Within 90 days after the initial filling of the storage vessel, 
the primary and secondary rim seals shall be inspected as specified in 
paragraph (d)(3) of this section.
    (ii) The secondary seal shall be inspected at least once every year, 
and the primary seal shall be inspected at least every 5 years, as 
specified in paragraph (d)(3) of this section.
    (iii) Each time the storage vessel is completely emptied and 
degassed, or every 10 years, whichever occurs first, the EFR shall be 
inspected as specified in paragraph (d)(1) of this section.
    (iv) If the owner or operator determines that it is unsafe to 
perform the floating roof inspections specified in paragraphs (c)(2)(i) 
and (c)(2)(ii) of this section, the owner or operator shall comply with 
the requirements of paragraph (c)(2)(iv)(A) or (c)(2)(iv)(B) of this 
section.
    (A) The inspections shall be performed no later than 30 days after 
the determination that the floating roof is unsafe.
    (B) The storage vessel shall be removed from liquid service no later 
than 45 days after determining the floating roof is unsafe. If the 
vessel cannot be emptied within 45 days, the owner or operator may 
utilize up to two extensions of up to 30 additional days each. If the 
vessel cannot be emptied within 45 days, the owner or operator may 
utilize up to two extensions of up to 30 additional days each. 
Documentation of a decision to use an extension shall include an 
explanation of why it was unsafe to perform the inspection, 
documentation that alternative storage capacity is unavailable, and a 
schedule of actions that will ensure that the vessel will be emptied as 
soon as practical.
    (d) Inspection procedure requirements. Floating roof inspections 
shall be conducted as specified in paragraphs (d)(1) through (d)(3) of 
this section, as applicable. If a floating roof fails an inspection, the 
owner or operator shall comply with the repair requirements of paragraph 
(e) of this section.
    (1) Floating roof (IFR and EFR) inspections shall be conducted by 
visually inspecting the floating roof deck, deck fittings, and rim seals 
from within the storage vessel. The inspection may be performed entirely 
from the top side of the floating roof, as long as there is visual 
access to all deck components specified in paragraph (a) of this 
section. Any of the conditions described in paragraphs (d)(1)(i) through 
(d)(1)(v) of this section constitutes inspection failure.
    (i) Stored liquid on the floating roof.
    (ii) Holes or tears in the primary or secondary seal (if one is 
present).
    (iii) Floating roof deck, deck fittings, or rim seals that are not 
functioning as designed (as specified in paragraph (a) of this section).

[[Page 1137]]

    (iv) Failure to comply with the operational requirements of 
paragraph (b) of this section.
    (v) Gaps of more than 0.32 centimeters (\1/8\ inch) between any deck 
fitting gasket, seal, or wiper (required by paragraph (a) of this 
section) and any surface that it is intended to seal.
    (2) Tank-top inspections of IFR's shall be conducted by visually 
inspecting the floating roof deck, deck fittings, and rim seal through 
openings in the fixed roof. Any of the conditions described in 
paragraphs (d)(1)(i) through (d)(1)(iv) of this section constitutes 
inspection failure. Identification of holes or tears in the rim seal is 
required only for the seal that is visible from the top of the storage 
vessel.
    (3) Seal gap inspections for EFR's shall determine the presence and 
size of gaps between the rim seals and the wall of the storage vessel by 
the procedures specified in paragraph (d)(3)(i) of this section. Any 
exceedance of the gap requirements specified in paragraphs (d)(3)(ii) 
and (d)(3)(iii) of this section constitutes inspection failure.
    (i) Rim seals shall be measured for gaps at one or more levels while 
the EFR is floating, as specified in paragraphs (d)(3)(i)(A) through 
(d)(3)(i)(F) of this section.
    (A) The inspector shall hold a 0.32 centimeter (\1/8\ inch) diameter 
probe vertically against the inside of the storage vessel wall, just 
above the rim seal, and attempt to slide the probe down between the seal 
and the vessel wall. Each location where the probe passes freely 
(without forcing or binding against the seal) between the seal and the 
vessel wall constitutes a gap.
    (B) The length of each gap shall be determined by inserting the 
probe into the gap (vertically) and sliding the probe along the vessel 
wall in each direction as far as it will travel freely without binding 
between the seal and the vessel wall. The circumferential length along 
which the probe can move freely is the gap length.
    (C) The maximum width of each gap shall be determined by inserting 
probes of various diameters between the seal and the vessel wall. The 
smallest probe diameter should be 0.32 centimeter, and larger probes 
should have diameters in increments of 0.32 centimeter. The diameter of 
the largest probe that can be inserted freely anywhere along the length 
of the gap is the maximum gap width.
    (D) The average width of each gap shall be determined by averaging 
the minimum gap width (0.32 centimeter) and the maximum gap width.
    (E) The area of a gap is the product of the gap length and average 
gap width.
    (F) The ratio of accumulated area of rim seal gaps to storage vessel 
diameter shall be determined by adding the area of each gap, and 
dividing the sum by the nominal diameter of the storage vessel. This 
ratio shall be determined separately for primary and secondary rim 
seals.
    (ii) The ratio of seal gap area to vessel diameter for the primary 
seal shall not exceed 212 square centimeters per meter of vessel 
diameter (10 square inches per foot of vessel diameter), and the maximum 
gap width shall not exceed 3.81 centimeters (1.5 inches).
    (iii) The ratio of seal gap area to vessel diameter for the 
secondary seal shall not exceed 21.2 square centimeters per meter (1 
square inch per foot), and the maximum gap width shall not exceed 1.27 
centimeters (0.5 inches), except when the secondary seal must be pulled 
back or removed to inspect the primary seal.
    (e) Repair requirements. Conditions causing inspection failures 
under paragraph (d) of this section shall be repaired as specified in 
paragraph (e)(1) or (e)(2) of this section.
    (1) If the inspection is performed while the storage vessel is not 
storing liquid, repairs shall be completed before the refilling of the 
storage vessel with liquid.
    (2) If the inspection is performed while the storage vessel is 
storing liquid, repairs shall be completed or the vessel removed from 
service within 45 days. If a repair cannot be completed and the vessel 
cannot be emptied within 45 days, the owner or operator may use up to 2 
extensions of up to 30 additional days each. Documentation of a decision 
to use 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

[[Page 1138]]

that the control equipment will be repaired or the vessel will be 
completely emptied as soon as practical.



Sec. 63.1064  Alternative means of emission limitation.

    (a) An alternate control device may be substituted for a control 
device specified in Sec. 63.1063 if the alternate device has an emission 
factor less than or equal to the emission factor for the device 
specified in Sec. 63.1063. Requests for the use of alternate devices 
shall be made as specified in Sec. 63.1066(b)(3). Emission factors for 
the devices specified in Sec. 63.1063 are published in EPA Report No. 
AP-42, Compilation of Air Pollutant Emission Factors.
    (b) Tests to determine emission factors for an alternate device 
shall accurately simulate conditions under which the device will 
operate, such as wind, temperature, and barometric pressure. Test 
methods that can be used to perform the testing required in this 
paragraph include, but are not limited to, the methods listed in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) American Petroleum Institute (API) Manual of Petroleum 
Measurement Standards, Chapter 19, Section 3, Part A, Wind Tunnel Test 
Method for the Measurement of Deck-Fitting Loss Factors for External 
Floating-Roof Tanks.
    (2) API Manual of Petroleum Measurement Standards, Chapter 19, 
Section 3, Part B, Air Concentration Test Method for the Measurement of 
Rim Seal Loss Factors for Floating-Roof Tanks.
    (3) API Manual of Petroleum Measurement Standards, Chapter 19, 
Section 3, Part E, Weight Loss Test Method for the Measurement of Deck-
Fitting Loss Factors for Internal Floating-Roof Tanks.
    (c) An alternate combination of control devices may be substituted 
for any combination of rim seal and deck fitting control devices 
specified in Sec. 63.1063 if the alternate combination emits no more 
than the combination specified in Sec. 63.1063. The emissions from an 
alternate combination of control devices shall be determined using AP-42 
or as specified in paragraph (b) of this section. The emissions from a 
combination of control devices specified in Sec. 63.1063 shall be 
determined using AP-42. Requests for the use of alternate devices shall 
be made as specified in Sec. 63.1066(b)(3).



Sec. 63.1065  Recordkeeping requirements.

    The owner or operator shall keep the records required in paragraph 
(a) of this section for as long as liquid is stored. Records required in 
paragraphs (b), (c) and (d) of this section shall be kept for at least 5 
years. Records shall be kept in such a manner that they can be readily 
accessed within 24 hours. Records may be kept in hard copy or computer-
readable form including, but not limited to, on paper, microfilm, 
computer, floppy disk, magnetic tape, or microfiche.
    (a) Vessel dimensions and capacity. A record shall be kept of the 
dimensions of the storage vessel, an analysis of the capacity of the 
storage vessel, and an identification of the liquid stored.
    (b) Inspection results. Records of floating roof inspection results 
shall be kept as specified in paragraphs (b)(1) and (b)(2) of this 
section.
    (1) If the floating roof passes inspection, a record shall be kept 
that includes the information specified in paragraphs (b)(1)(i) and 
(b)(1)(ii) of this section. If the floating roof fails inspection, a 
record shall be kept that includes the information specified in 
paragraphs (b)(1)(i) through (b)(1)(v) of this section.
    (i) Identification of the storage vessel that was inspected.
    (ii) The date of the inspection.
    (iii) A description of all inspection failures.
    (iv) A description of all repairs and the dates they were made.
    (v) The date the storage vessel was removed from service, if 
applicable.
    (2) A record shall be kept of EFR seal gap measurements, including 
the raw data obtained and any calculations performed.
    (c) Floating roof landings. The owner or operator shall keep a 
record of the date when a floating roof is set on its legs or other 
support devices. The owner or operator shall also keep a record of the 
date when the roof was refloated, and the record shall indicate whether 
the process of refloating was continuous.

[[Page 1139]]

    (d) An owner or operator who elects to use an extension in 
accordance with Sec. 63.1063(e)(2) or Sec. 63.1063(c)(2)(iv)(B) shall 
keep the documentation required by those paragraphs.



Sec. 63.1066  Reporting requirements.

    (a) Notification of initial startup. If the referencing subpart 
requires that a notification of initial startup be filed, then the 
content of the notification of initial startup shall include (at a 
minimum) the information specified in the referencing subpart and the 
information specified in paragraphs (a)(1) and (a)(2) of this section.
    (1) The identification of each storage vessel, its capacity and the 
liquid stored in the storage vessel.
    (2) A statement of whether the owner or operator of the source can 
achieve compliance by the compliance date specified in referencing 
subpart.
    (b) Periodic reports. Report the information specified in paragraphs 
(b)(1) through (b)(4) of this section, as applicable, in the periodic 
report specified in the referencing subpart.
    (1) Notification of inspection. To provide the Administrator the 
opportunity to have an observer present, the owner or operator shall 
notify the Administrator at least 30 days before an inspection required 
by Secs. 63.1063(d)(1) or (d)(3). If an inspection is unplanned and the 
owner or operator could not have known about the inspection 30 days in 
advance, then the owner or operator shall notify the Administrator at 
least 7 days before the inspection. Notification shall be made by 
telephone immediately followed by written documentation demonstrating 
why the inspection was unplanned. Alternatively, the notification 
including the written documentation may be made in writing and sent so 
that it is received by the Administrator at least 7 days before the 
inspection. If a delegated State or local agency is notified, the owner 
or operator is not required to notify the Administrator. A delegated 
State or local agency may waive the requirement for notification of 
inspections.
    (2) Inspection results. The owner or operator shall submit a copy of 
the inspection record (required in Sec. 63.1065) when inspection 
failures occur.
    (3) Requests for alternate devices. The owner or operator requesting 
the use of an alternate control device shall submit a written 
application including emissions test results and an analysis 
demonstrating that the alternate device has an emission factor that is 
less than or equal to the device specified in Sec. 63.1063.
    (4) Requests for extensions. An owner or operator who elects to use 
an extension in accordance with Sec. 63.1063(e)(2) or 
Sec. 63.1063(c)(2)(iv)(B) shall submit the documentation required by 
those paragraphs.

Subpart XX  [Reserved]



Subpart YY--National Emission Standards for Hazardous Air Pollutants for 
    Source Categories: Generic Maximum Achievable Control Technology 
                                Standards

    Source: 64 FR 34921, June 29, 1999, unless otherwise noted.



Sec. 63.1100  Applicability.

    (a) General. This subpart applies to source categories and affected 
sources specified in Sec. 63.1103(a) through (d) of this subpart. The 
affected emission points, by source category, are summarized in table 1 
of this section. This table also delineates the section and paragraph of 
the rule that directs an owner or operator of an affected source to 
source category-specific control, monitoring, recordkeeping, and 
reporting requirements.

[[Page 1140]]



                                           Table 1 to Sec.  63.1100(a).--Source Category MACT a Applicability
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Wastewater                       Source category
        Source category         Storage vessels   Process vents    Transfer racks  Equipment leaks      streams           Other        MACT requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acetal Resins Production......  Yes............  Yes............  No.............  Yes............  Yes............  No.............  Sec.  63.1103(a)
Acrylic and Modacrylic Fibers   Yes............  Yes............  No.............  Yes............  Yes............  Yes b..........  Sec.  63.1103(b)
 Production.
Hydrogen Fluoride Production..  Yes............  Yes............  Yes............  Yes............  No.............  No.............  Sec.  63.1103(c)
Polycarbonate Production......  Yes............  Yes............  No.............  Yes............  Yes............  No.............  Sec.  63.1103(d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Maximum achievable control technology.
b Fiber spinning lines using spinning solution or suspension containing acrylonitrile.


[[Page 1141]]

    (b) Subpart A requirements. The following provisions of subpart A of 
this part (General Provisions), Secs. 63.1 through 63.5, and Secs. 63.12 
through 63.15, apply to owners or operators of affected sources subject 
to this subpart.
    (c) Research and development facilities. The provisions of this 
subpart do not apply to research and development facilities, consistent 
with section 112(b)(7) of the Act.
    (d) Primary product determination and applicability. The primary 
product of a process unit shall be determined according to the 
procedures specified in paragraphs (d)(1) and (2) of this section. 
Paragraphs (d(3), (4), and (5) of this section discuss compliance for 
those process units operated as flexible operation units.
    (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 (d)(2)(i) or (ii) of this section based on the anticipated 
operations for the 5 years following the promulgation date 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 percentage of 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) Once the primary product of a process unit has been determined 
to be a product produced by a source category subject to this subpart, 
the owner or operator of the affected source shall comply with the 
standards for the primary product production process unit.
    (4) The determination of the primary product for a process unit, 
including the assessment 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 report required by 
Sec. 63.1110(a)(4) when the primary product is determined to be a 
product produced by a source category subject to requirements under this 
subpart. The Notification of Compliance Status shall include the 
information specified in either paragraph (d)(4)(i) or (ii) of this 
section. If the primary product is determined to be something other than 
a product produced by a source category subject to requirements under 
this subpart, the owner or operator shall retain information, data, and 
analyses used to document the basis for the determination that the 
primary product is not produced by a source category subject to 
requirements under this subpart.
    (i) If the process unit manufactures only one product subject to 
requirements under this subpart, the identity of that product.
    (ii) If the process unit is designed and operated as a flexible 
operation unit, the information specified in paragraphs (d)(4)(ii)(A) 
and (B) of this section, as appropriate.
    (A) The identity 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 (d)(2)(i) or (ii) of this section.
    (5) When a flexible operation unit that is subject to this subpart 
is producing a product other than a product subject to this subpart, or 
is producing a product subject to this subpart that is not the primary 
product, the owner or operator shall comply with either paragraph (d)(5) 
(i) or (ii) of this section for each emission point.
    (i) The owner or operator shall control emissions during the 
production of all products in accordance with the requirements for the 
production of the primary product. As appropriate, the owner or operator 
shall demonstrate that the parameter monitoring level established for 
the primary product is also appropriate for those periods when products 
other than the primary product are being produced. Documentation

[[Page 1142]]

of this demonstration shall be submitted in the Notification of 
Compliance Status report required by Sec. 63.1110(a)(4).
    (ii) The owner or operator shall determine, for the production of 
each product, whether control is required in accordance with the 
applicable criteria for the primary product in Sec. 63.1103. If control 
is required, the owner or operator shall establish separate parameter 
monitoring levels, as appropriate, for the production of each product. 
The parameter monitoring levels developed shall be submitted in the 
Notification of Compliance Status report required by Sec. 63.1110(a)(4).
    (e) Storage vessel ownership determination. To determine the process 
unit to which a storage vessel shall belong, the owner or operator shall 
sequentially follow the procedures specified in paragraphs (e)(1) 
through (8) of this section, stopping as soon as the determination is 
made.
    (1) If a storage vessel is already subject to another subpart of 
this part on the date of promulgation for an affected source under the 
generic MACT, 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 subject to this subpart, the storage vessel shall belong to 
that process unit.
    (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 subject to standards under this subpart that have different 
primary products, then the owner or operator shall assign the storage 
vessel to any one of the process units 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 the date of promulgation of 
standards for an affected source under this subpart or based on the 
expected utilization for the 5 years following the promulgation date of 
standards for an affected source under this subpart 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 Compliance Status Report required by Sec. 63.1110(a)(4). 
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 (e)(1) through (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 that 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 (e)(8)(i) through (iii) 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 material, 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

[[Page 1143]]

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 only one process unit at a major source that meets 
the criteria of paragraph (e)(8)(i) of this section with respect to a 
storage vessel, the storage vessel shall be assigned to that process 
unit.
    (iii) If there are two or more process units at the major source 
that meet the criteria of paragraph (e)(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 (e)(6) 
of this section. The predominant use shall be determined among only 
those process units that meet the criteria of paragraph (e)(8)(i) of 
this section.
    (f) Recovery operation equipment ownership determination. To 
determine the process unit to which recovery equipment shall belong, the 
owner or operator shall sequentially follow the procedures specified in 
paragraphs (f)(1) through (7) of this section, stopping as soon as the 
determination is made.
    (1) If recovery operation equipment is already subject to another 
subpart of this part on the date standards are promulgated for an 
affected source, 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 
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 a process unit subject to this subpart, the recovery operation 
equipment shall belong to the process unit 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 process units 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 process 
units.
    (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 the promulgation 
date of standards for an affected source under this subpart or based on 
the expected utilization for the 5 years following the promulgation date 
for standards for an affected source under this subpart 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 Report required by Sec. 63.1110(a)(4). 
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 (f)(2) through (6) of this section.
    (g) Overlap with other regulations. Paragraphs (g)(1) through (4) of 
this section specify the applicability of subpart YY emission point 
requirements when other rules may apply. Where subpart YY of this part 
allows an owner or operator an option to comply with one or another 
regulation to comply with subpart YY of this part, an owner or operator 
must report which regulation they choose to comply with in the 
Notification of Compliance Status report required by Sec. 63.1110(a)(4).
    (1) Overlap of subpart YY with other regulations for storage 
vessels. (i) After the compliance dates specified in

[[Page 1144]]

Sec. 63.1102 for an affected source subject to this subpart, a storage 
vessel that is part of an existing source that is subject to the storage 
vessel requirements of this subpart and the storage vessel requirements 
of subpart G (the hazardous organic national emission standards for 
hazardous air pollutants (the HON)) of this part is in compliance with 
the requirements of this subpart if it complies with either such 
requirement and has notified the Administrator in the Notification of 
Compliance Status report required by Sec. 63.1110(a)(4).
    (ii) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, a storage vessel that is part 
of an existing source that is subject to the storage vessel requirements 
of this subpart and to the storage vessel requirements of subpart Ka or 
Kb of part 60 is required only to comply with the storage vessel 
requirements of this subpart.
    (2) Overlap of subpart YY with other regulations for process vents. 
After the compliance dates specified in Sec. 63.1102 for an affected 
source subject to this subpart, a process vent that is part of an 
existing source that is subject to the process vent requirements of this 
subpart and to the process vent requirements of subpart G (the HON) of 
this part is in compliance with this subpart if it complies with either 
such requirement and has notified the Administrator in the Notification 
of Compliance Status report required by Sec. 63.1110(a)(4).
    (3) Overlap of subpart YY with other regulations for transfer racks. 
After the compliance dates specified in Sec. 63.1102 for an affected 
source subject to this subpart, a transfer rack that is part of an 
existing source that is subject to the transfer rack requirements of 
this subpart and to the transfer rack requirements of subpart G (the 
HON) of this part is in compliance with this subpart if it complies with 
either such requirement and has notified the Administrator in the 
Notification of Compliance Status report required by Sec. 63.1110(a)(4).
    (4) Overlap of subpart YY with other regulations for equipment 
leaks. (i) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, equipment that is part of an 
existing source that is subject to the equipment leak control 
requirements of subpart TT (National Emission Standards for Equipment 
Leaks--Control Level 1) pursuant to this subpart and to the equipment 
leak control requirements of subpart VV of part 60 or subpart V of part 
61 is required only to comply with the equipment leak requirements of 
this subpart.
    (ii) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, equipment that is part of an 
existing source that is subject to the equipment leak control 
requirements of subpart UU (National Emission Standards for Equipment 
Leaks--Control Level 2) of this part pursuant to this subpart and to the 
equipment leak control requirements of subpart H (the HON) or subpart I 
of this part is in compliance with the equipment leak control 
requirements of this subpart if it complies with either such requirement 
and has notified the Administrator in the Notification of Compliance 
Status report required by Sec. 63.1110(a)(4).
    (5) Overlap of subpart YY with other regulations for wastewater. (i) 
After the compliance dates specified in Sec. 63.1102 for an affected 
source subject to this subpart, a wastewater stream that is subject to 
the wastewater requirements of this subpart and the wastewater 
requirements of subparts F, G, and H of this part (collectively known as 
the ``HON'') shall be deemed to be in compliance with the requirements 
of this subpart if it complies with either set of requirements. In any 
instance where a source subject to this subpart is colocated with a 
Synthetic Organic Chemical Manufacturing Industry (SOCMI) source, and a 
single wastewater treatment facility treats both Group 1 wastewaters and 
wastewater residuals from the source subject to this subpart and 
wastewaters from the SOCMI source, a certification by the treatment 
facility that they will manage and treat the waste in conformity with 
the specific control requirements set forth in 40 CFR 63.133 through 
63.147 will also be deemed sufficient to satisfy the certification 
requirements for wastewater treatment under this subpart.

[[Page 1145]]

    (ii) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, a wastewater stream that is 
subject to control requirements in the Benzene Waste NESHAP (subpart FF 
of part 61 of this chapter) and this subpart is required to comply with 
both rules.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63698, 63706, Nov. 22, 
1999]



Sec. 63.1101  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act, in 40 CFR 63.2 (General Provisions), and in this section.
    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).
    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).
    Batch cycle refers to manufacturing a product from start to finish 
in a batch unit operation.
    Batch emission episode means a discrete venting episode that may be 
associated with a single unit operation. A unit operation may have more 
than one batch emission episode per batch cycle. For example, a 
displacement of vapor resulting from the charging of a vessel with 
organic HAP will result in a discrete emission episode. If the vessel is 
then heated, there may also be another discrete emission episode 
resulting from the expulsion of expanded vapor. Both emission episodes 
may occur during the same batch cycle 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 unit operation means a unit operation involving intermittent 
or discontinuous feed into equipment and, in general, involves the 
emptying of equipment after the batch cycle ceases and prior to 
beginning a new batch cycle. Mass, temperature, concentration and other 
properties of the process may vary with time. Addition of raw material 
and withdrawal of product do not simultaneously occur in a batch unit 
operation.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    By compound means by individual stream components, not carbon 
equivalents.
    Capacity means the volume of liquid that is capable of being stored 
in a storage vessel, determined by multiplying the vessel's internal 
cross-sectional area by the internal height of the shell.
    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. A closed vent system does not include the vapor 
collection system that is part of any tank truck or railcar or the 
loading arm or hose that is used for vapor return. For transfer racks, 
the closed vent system begins at, and includes, the first block valve on 
the downstream side of the loading arm or hose used to convey displaced 
vapors.
    Combined vent stream means a combination of emission streams from 
continuous and/or batch unit operations.
    Compliance equipment means monitoring equipment used by an owner or 
operator of an affected source under this subpart to demonstrate 
compliance with an operation or emission limit standard.
    Continuous parameter monitoring system or CPMS means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, and that is used to sample, 
condition (if applicable), analyze, and provide a record of process or 
control system parameters.
    Continuous unit operation means a unit operation where the inputs 
and outputs flow continuously. Continuous unit operations typically 
approach steady-state conditions. Continuous unit operations typically 
involve the simultaneous addition of raw material and withdrawal of the 
product.
    Control device means, with the exceptions noted below, a combustion 
device, recovery device, recapture device, or any combination of these 
devices

[[Page 1146]]

used to comply with this subpart or a referencing subpart. For process 
vents from continuous unit operations at affected sources in source 
categories where the applicability criteria includes a TRE index value, 
recovery devices are not considered to be control devices. Primary 
condensers on steam strippers or fuel gas systems are not considered to 
be control devices.
    Day means a calendar day.
    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, kiln, fiber spinning line, equipment 
leak, or other point where a gaseous stream is released.
    Equipment means each of the following that is subject to control 
under this subpart: pump, compressor, agitator, pressure relief device, 
sampling collection system, open-ended valve or line, valve, connector, 
instrumentation system, and surge control vessel and bottoms in organic 
hazardous air pollutant service as defined in Sec. 63.1103 for the 
applicable chemical manufacturing production unit; and any control 
device or system used to comply with this subpart.
    Equivalent method means any method of sampling and analysis 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 specified conditions.
    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.
    Final recovery device means the last recovery device on a process 
vent stream from a continuous unit operation at an affected source in a 
source category where the applicability criteria includes a TRE index 
value. The final recovery device usually discharges to a combustion 
device, recapture device, or directly to the atmosphere.
    Flexible operation unit means a process unit that manufactures 
different chemical products periodically by alternating raw materials or 
operating conditions.
    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 a fuel gas in combustion 
devices or in-process combustion equipment, such as furnaces and gas 
turbines, either singly or in combination.
    Group 1 wastewater stream means a process wastewater stream at an 
existing or new source that meets the criteria for Group 1 status in 
Sec. 63.132(c).
    Group 2 wastewater stream means a process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
    Halogens and hydrogen halides means hydrogen chloride (HCl), 
chlorine (Cl2), hydrogen bromide (HBr), bromine (Br2), and hydrogen 
fluoride (HF).
    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 startup means, for new sources, the first time the source 
begins production. For additions or changes not defined as a new source 
by this subpart, initial startup means the first time additional or 
changed equipment is put into operation. Initial startup does not 
include operation solely for testing

[[Page 1147]]

equipment. Initial startup does not include subsequent startup (as 
defined in this section) of process units following malfunctions or 
process unit shutdowns. Except for equipment leaks, initial startup also 
does not include subsequent startups (as defined in this section) of 
process units following changes in product for flexible operation units 
or following recharging of equipment in batch unit operations.
    Low throughput transfer rack means a transfer rack that transfers 
less than a total of 11.8 million liters per year of liquid containing 
regulated HAP.
    Maintenance wastewater means wastewater generated by the draining of 
process fluid from components in the process unit, whose primary product 
is a product produced by a source category subject to this subpart, 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 process unit, 
whose primary product is a product produced by a source category subject 
to this subpart, for repair.
    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.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP in the stored or transferred liquid at 
the temperature equal to the highest calendar-month average of the 
liquid storage or transfer temperature for liquids stored or transferred 
above or below the ambient temperature or at the local maximum monthly 
average temperature as reported by the National Weather Service for 
liquids stored or transferred at the ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporation 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.
    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 waste management 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.
    On-site means, with respect to records required to be maintained by 
this subpart, a location within a plant site that encompasses the 
affected source. On-site includes, but is not limited to, the affected 
source to which the records pertain, or central files elsewhere at the 
plant site.
    Organic hazardous air pollutant or organic HAP means any organic 
chemicals that are also HAP.
    Permitting authority means one of the following:
    (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

[[Page 1148]]

under title V of the Act (42 U.S.C. 7661) and part 71 of this chapter.
    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.
    Point of determination means each point where process wastewater 
exits the process unit, whose primary product is a product produced by a 
source category subject to this subpart.

    Note to definition for point of determination: The regulation allows 
determination of the characteristics of a wastewater stream at the point 
of determination or downstream of the point of determination if 
corrections are made for changes in flow rate and annual average 
concentration of Table 9 compounds (as defined under this subpart) as 
determined in Sec. 63.144. 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.

    Process condenser means a condenser whose primary purpose is to 
recover material as an integral part of a process. The condenser must 
support a vapor-to-liquid phase change for periods of source equipment 
operation that are above the boiling or bubble point of substance(s). 
Examples of process condensers include distillation condensers, reflux 
condensers, process condensers in line prior to the vacuum source, and 
process condensers used in stripping or flashing operations.
    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 more than one unit operation. 
A process unit includes, but is not limited to, process vents, storage 
vessels, and equipment.
    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 practice or procedure it is technically feasible to clear 
process material from the process unit, or part of the process unit, 
consistent with safety constraints and during which repairs can be 
effected. The following are not considered process unit shutdowns:
    (1) 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.
    (2) 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 
result in greater emissions than delay of repair of leaking components 
until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing of 
equipment without stopping production.
    Process vent means a piece of equipment that processes a gas stream 
(both batch and continuous streams) during operation of the unit within 
a manufacturing process unit that meets the applicability criteria of 
this subpart. Process vents process gas streams that are either 
discharged directly to the atmosphere or are discharged to the 
atmosphere after diversion through a product recovery device. Process 
vents include vents from distillate receivers, product separators, and 
ejector-condensers. Process vents exclude relief valve discharges and 
leaks from equipment regulated under this subpart. Process vents that 
process gas streams containing less than or equal to 0.005 weight-
percent organic HAP are not subject to the process vent requirements of 
this subpart.
    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, equipment washes between batches in a batch 
process, water used to cool or quench organic vapor streams through 
direct contact,

[[Page 1149]]

and condensed steam from jet ejector systems pulling vacuum on vessels 
containing organics.
    Process wastewater stream means a stream that contains process 
wastewater.
    Product means a compound or chemical which is manufactured as the 
intended product of the applicable production process unit as defined in 
Sec. 63.1103. By-products, isolated intermediates, impurities, wastes, 
and trace contaminants are not considered products.
    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. For purposes of 
the monitoring, recordkeeping, and reporting requirements of this 
subpart, recapture devices are considered recovery devices.
    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. 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.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means the cessation of operation of a regulated source and 
equipment required or used to comply with this subpart, or the emptying 
and degassing of a storage vessel. Shutdown is defined here for purposes 
of including, but not limited to, periodic maintenance, replacement of 
equipment, or repair. Shutdown does not include the routine rinsing or 
washing of equipment in batch operation between batches.
    Startup means the setting into operation of a regulated source and/
or equipment required or used to comply with this subpart. Startup 
includes initial startup, operation solely for testing equipment, the 
recharging of equipment in batch operation, and transitional conditions 
due to changes in product for flexible operation units.
    Storage vessel or Tank, for the purposes of this subpart, means a 
stationary unit that is constructed primarily of nonearthen materials 
(such as wood, concrete, steel, fiberglass, or plastic) that provide 
structural support and is designed to hold an accumulation of liquids or 
other materials. Storage vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Bottoms receiver tanks;
    (3) Surge control vessels; or
    (4) Vessels storing wastewater.
    Subsequent startup means any setting into operation of a regulated 
source and/or equipment required or used to comply with this subpart 
following the initial startup.
    Surge control vessel means a feed drum, recycle drum, or 
intermediate vessel. Surge control vessels are used within a process 
unit (as defined in this subpart) when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production of 
a product.
    Table 9 compounds means compounds listed in Table 9 of subpart G of 
this part.
    Total organic compounds or TOC means those compounds, excluding 
methane and ethane, measured according to the procedures of Method 18 or 
Method 25A of appendix A of part 60.
    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

[[Page 1150]]

heating value, and corrosion properties (whether or not the vent stream 
contains halogenated compounds), as quantified by the equations given 
under Sec. 63.1104(j).
    Transfer rack means a single system used to fill bulk cargo tanks 
mounted on or in a truck or railcar. A transfer rack includes all 
loading arms, pumps, meters, shutoff valves, relief valves, and other 
piping and equipment necessary for the transfer operation. Transfer 
equipment and operations that are physically separate (i.e., do not 
share common piping, valves, and other equipment) are considered to be 
separate transfer racks.
    Unit operation means distinct equipment used in processing, among 
other things, to prepare reactants, facilitate reactions, separate and 
purify products, and recycle materials. Equipment used for these 
purposes includes, but is not limited to, reactors, distillation 
columns, extraction columns, absorbers, decanters, dryers, condensers, 
and filtration equipment.
    Vapor balancing system means a piping system that is designed to 
collect organic HAP vapors displaced from tank trucks or railcars during 
loading; and to route the collected organic HAP vapors to the storage 
vessel from which the liquid being loaded originated, or to compress 
collected organic HAP vapors and commingle with the raw feed of a 
production process unit.
    Wastewater is either a process wastewater or a maintenance 
wastewater and means water that:
    (1) Contains either:
    (i) An annual average concentration of Table 9 compounds (as defined 
under this subpart) of at least 5 parts per million by weight at the 
point of determination 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 under this subpart) of at least 10,000 parts per million by 
weight at the point of determination at any flow rate, and that
    (2) Is discarded from a process unit, whose primary product is a 
product produced by a source category subject to this subpart.
    Wastewater stream means a stream that contains wastewater.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63699, 63706, Nov. 22, 
1999]



Sec. 63.1102  Compliance schedule.

    (a) General requirements. Affected sources, as defined in 
Sec. 63.1103(a)(1)(i) for acetyl resins production; 
Sec. 63.1103(b)(1)(i) for acrylic and modacrylic fiber production; 
Sec. 63.1103(c)(1)(i) for hydrogen fluoride production; or 
Sec. 63.1103(d)(1)(i) for polycarbonate production, shall comply with 
the appropriate provisions of this subpart and the subparts referenced 
by this subpart according to the schedule described in paragraph (a)(1) 
or (2) of this section, as appropriate.
    (1) Compliance dates for new and reconstructed sources. (i) The 
owner or operator of a new or reconstructed affected source for which 
construction or reconstruction commences after October 14, 1998 that has 
an initial startup before the effective date of standards for an acetal 
resins, acrylic and modacrylic fiber, hydrogen fluoride, or 
polycarbonate production affected source under this subpart shall comply 
with this subpart no later than the effective date of standards for the 
affected source.
    (ii) The owner or operator of a new or reconstructed acetal resins, 
acrylic and modacrylic fiber, hydrogen fluoride, or polycarbonate 
production affected source that has an initial startup after the 
effective date of standards for the affected source shall comply with 
this subpart upon startup of the source.
    (iii) The owner or operator of an acetal resins, acrylic and 
modacrylic fiber, hydrogen fluoride, or polycarbonate production 
affected source for which construction or reconstruction is commenced 
after October 14, 1998 but before the effective date of standards for 
the affected source under this subpart shall comply with this subpart no 
later than July 1, 2002 if:
    (A) The promulgated standard is more stringent than the proposed 
standard; and
    (B) The owner or operator complies with this subpart as proposed 
during the 3-year period immediately after the

[[Page 1151]]

effective date of standards for an acetal resins, acrylic and modacrylic 
fiber, hydrogen fluoride, or polycarbonate production affected source.
    (2) Compliance dates for existing sources. (i) The owner or operator 
of an existing acetal resins, acrylic and modacrylic fiber, hydrogen 
fluoride, or polycarbonate production affected source shall comply with 
the requirements of this subpart within 3 years after the effective date 
of standards for the affected source.
    (ii) The owner or operator of an acetal resins, acrylic and 
modacrylic fiber, hydrogen fluoride, or polycarbonate production 
nonmajor source that increases its emissions of (or its potential to 
emit) hazardous air pollutants such that the source becomes a major 
source shall be subject to the relevant standards for existing sources 
under this subpart. Such sources shall comply with the relevant standard 
within 3 years of becoming a major source.



Sec. 63.1103  Source category-specific applicability, definitions, and requirements.

    (a) Acetal resins production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the acetal 
resins production source category (as defined in paragraph (a)(2) of 
this section), the affected source shall comprise all emission points, 
in combination, listed in paragraphs (a)(1)(i)(A) through (D) of this 
section, that are associated with an acetal resins production process 
unit located at a major source, as defined in section 112(a) of the 
Clean Air Act (Act).
    (A) All storage vessels that store liquids containing organic HAP.
    (B) All process vents from continuous unit operations (front end 
process vents and back end process vents).
    (C) All wastewater streams associated with the acetal resins 
production process unit as defined in (a)(2) of this section.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that 
contains or contacts organic HAP.
    (ii) Compliance schedule. The compliance schedule for affected 
sources as defined in paragraph (a)(1)(i) of this section is specified 
in Sec. 63.1102(a).
    (2) Definitions.
    Acetal resins production means the production of homopolymers and/or 
copolymers of alternating oxymethylene units. Acetal resins are also 
known as polyoxymethylenes, polyacetals, and aldehyde resins. Acetal 
resins are generally produced by polymerizing formaldehyde (HCHO) with 
the methylene functional group (CH2) and are characterized by 
repeating oxymethylene units (CH2O) in the polymer backbone.
    Back end process vent means any process vent from a continuous unit 
operation that is not a front end process vent up to the final 
separation of raw materials and by-products from the stabilized polymer.
    Front end process vent means any process vent from a continuous unit 
operation involved in the purification of formaldehyde feedstock for use 
in the acetal homopolymer process. All front end process vents are 
restricted to those vents that occur prior to the polymer reactor.
    (3) Requirements. Table 1 of this section specifies the acetal 
resins production standards applicability for existing and new sources. 
Applicability assessment procedures and methods are specified in 
Secs. 63.1104 through 63.1107. An owner or operator of an affected 
source is not required to perform tests, TRE calculations or other 
applicability assessment procedures if they opt to comply with the most 
stringent requirements for an applicable emission point pursuant to this 
subpart. General compliance, recordkeeping, and reporting requirements 
are specified in Secs. 63.1108 through 63.1112. Procedures for approval 
of alternative means of emission limitations are specified in 
Sec. 63.1113. The owner or operator must control organic HAP emissions 
from each affected source emission point by meeting the applicable 
requirements specified in table 1 of this section.

[[Page 1152]]



   Table 1. To Sec.  63.1103(a)--What Are My Requirements If I Own Or
  Operate An Acetal Resins Production Existing Or New Affected Source?
------------------------------------------------------------------------
 If you own or operate. . .        And if. . .       Then you must. . .
------------------------------------------------------------------------
1. A storage vessel with: 34  The maximum true      a. Reduce emissions
 cubic meters  capacity.       vapor pressure of     of total organic
                               organic HAP > 17.1    HAP by 95 weight-
                               kilopascals (for      percent by venting
                               existing sources)     emissions through a
                               or > 11.7             closed vent system
                               kilopascals (for      to any combination
                               new sources).         of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part; or
                                                    b. Comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A front end process vent   ....................  a. Reduce emissions
 from continuous unit                                of total organic
 operations.                                         HAP by using a
                                                     flare meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part; or
                                                    b. Reduce emissions
                                                     of total organic
                                                     HAP by 60 weight-
                                                     percent, or reduce
                                                     TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part.
3. A back end process vent    The vent stream has   a. Reduce emissions
 from continuous unit          a a TREa  1.0.        of total organic
 operations.                                         HAP by using a
                                                     flare meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part; or
                                                    b. Reduce emissions
                                                     of total organic
                                                     HAP by 98 weight-
                                                     percent, or reduce
                                                     TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 1.0.
4. A back end process vent    1.0  TREa  Monitor and keep
 from continuous unit          > 4.0.                records of
 operations.                                         equipment operating
                                                     parameters
                                                     specified to be
                                                     monitored under
                                                     subpart SS, Secs.
                                                     63.990(c)(absorber,
                                                     condenser, and
                                                     carbon adsorber
                                                     monitoring) or
                                                     63.995(c) (other
                                                     noncombustion
                                                     systems used as a
                                                     control device
                                                     monitoring) of this
                                                     part.
5. Equipment as defined       The equipment         Comply with the
 under Sec.  63.1101.          contains or           requirements of
                               contacts  10 weight-        (national emission
                               percent organic       standards for
                               HAPb, and operates    equipment leaks
                               > 300 hours per       (control level 1))
                               year.                 or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
6. An acetal resins           The process           Comply with the
 production process unit       wastewater stream     requirements of
 that generates process        is a Group 1 or       Sec.  63.1106(a).
 wastewater.                   Group 2 wastewater
                               stream.
7. An acetal resins           The maintenance       Comply with the
 production process unit       wastewater contains   requirements of
 that generates maintenance    organic HAP.          Sec.  63.1106(b).
 wastewater.
8. An item of equipment       The item of           Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec.               G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).
------------------------------------------------------------------------
a The TRE is determined according to the procedures specified in Sec.
  63.1104(j).
b The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.  63.1107.


[[Page 1153]]

    (b) Acrylic and modacrylic fiber production applicability, 
definitions, and requirements. (1) Applicability. (i) Affected source. 
For the acrylic fibers and modacrylic fibers production (as defined in 
paragraph (b)(2) of this section) source category, the affected source 
shall comprise all emission points, in combination, listed in paragraphs 
(b)(1)(i)(A) through (E) of this section, that are associated with a 
suspension or solution polymerization process unit that produces acrylic 
and modacrylic fiber located at a major source as defined in section 
112(a) of the Act.
    (A) All storage vessels that store liquid containing acrylonitrile 
or organic HAP.
    (B) All process vents from continuous unit operations.
    (C) All wastewater streams associated with the acrylic and 
modacrylic fibers production process unit as defined in (b)(2) of this 
section.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that 
contains or contacts acrylonitrile or organic HAP.
    (E) All acrylic and modacrylic fiber spinning lines using a spinning 
solution or suspension having organic acrylonitrile or organic HAP. For 
the purposes of implementing this paragraph, a spinning line includes 
the spinning solution filters, spin bath, and the equipment used 
downstream of the spin bath to wash, dry, or draw the spun fiber.
    (ii) Compliance schedule. The compliance schedule, for affected 
sources as defined in paragraph (b)(1)(i) of this section, is specified 
in Sec. 63.1102(a).
    (2) Definitions.
    Acrylic fiber means a manufactured synthetic fiber in which the 
fiber-forming substance is any long-chain synthetic polymer composed of 
at least 85 percent by weight of acrylonitrile units.
    Acrylic and modacrylic fibers production means the production of 
either of the following synthetic fibers composed of acrylonitrile 
units:
    (i) Acrylic fiber.
    (ii) Modacrylic fiber.
    Acrylonitrile solution polymerization means a process where 
acrylonitrile and comonomers are dissolved in a solvent to form a 
polymer solution (typically polyacrylonitrile). The polyacrylonitrile is 
soluble in the solvent. In contrast to suspension polymerization, the 
resulting reactor polymer solution (spin dope) is filtered and pumped 
directly to the fiber spinning process.
    Acrylonitrile suspension polymerization means a polymerization 
process where small drops of acrylonitrile and comonomers are suspended 
in water in the presence of a catalyst where they polymerize under 
agitation. Solid beads of polymer are formed in this suspension reaction 
which are subsequently filtered, washed, refiltered, and dried. The 
beads must be subsequently redissolved in a solvent to create a spin 
dope prior to introduction to the fiber spinning process.
    Fiber spinning line means the group of equipment and process vents 
associated with acrylic or modacrylic fiber spinning operations. The 
fiber spinning line includes (as applicable to the type of spinning 
process used) the blending and dissolving tanks, spinning solution 
filters, wet spinning units, spin bath tanks, and the equipment used 
downstream of the spin bath to wash, dry, or draw the spun fiber.
    Modacrylic fiber means a manufactured synthetic fiber in which the 
fiber-forming substance is any long-chain synthetic polymer composed of 
at least 35 percent by weight of acrylonitrile units but less than 85 
percent by weight of acrylonitrile units.
    Spin dope means the liquid mixture of polymer and solvent that is 
fed to the spinneret to form the acrylic and modacrylic fibers.
    (3) Requirements. An owner or operator of an affected source must 
comply with the requirements of paragraph (b)(3)(i) or (ii) of this 
section.
    (i) Table 2 of this section specifies the acrylic and modacrylic 
fiber production source category control requirement applicability for 
both existing and new sources. Applicability assessment procedures and 
methods are specified in Secs. 63.1104 through 63.1107. An owner or 
operator of an affected source is not required to perform tests, or 
other applicability assessment procedures if they opt to comply with the 
most stringent requirements for an applicable emission point pursuant to

[[Page 1154]]

this subpart. General compliance, recordkeeping, and reporting 
requirements are specified in Secs. 63.1108 through 63.1112. Procedures 
for approval of alternative means of emission limitations are specified 
in Sec. 63.1113. The owner or operator must control organic HAP 
emissions from each affected source emission point by meeting the 
applicable requirements specified in table 2 of this section.

 Table 2.--To Sec.  63.1103(b)(3)(i)--What Are My Requirements If I Own
  Or Operate An Acrylic And Modacrylic Fiber Production Existing Or New
    Affected Source And Am Complying With Paragraph (b)(3)(i) Of This
                                Section?
------------------------------------------------------------------------
  If you own or operate...          And if...         Then you must...
------------------------------------------------------------------------
1. A storage vessel.........  The stored material   a. Reduce emissions
                               is acrylonitrile.     of acrylonitrile by
                                                     98 weight-percent
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control device
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part, or 95
                                                     weight-percent or
                                                     greater by venting
                                                     through a closed
                                                     vent system to a
                                                     recovery device
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), Sec.
                                                     63.993 (recovery
                                                     device
                                                     requirements) of
                                                     this part; or
                                                    b. Comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A process vent from        The vent steam has a  a. Reduce emissions
 continuous unit operations    mass emission rate    of acrylonitrile or
 (halogenated).                of halogen atoms      TOC as specified
                               contained in          for nonhalogenated
                               organic compounds     process vents from
                               0.45       continuous unit
                               kilograms per hour    operations (other
                               a and an              than by using a
                               acrylonitrile         flare) by venting
                               concentration 50 parts per   closed vent system
                               million by volume b   to a halogen
                               and an average flow   reduction device
                               rate 0.005 cubic        requirements of
                               meters per minute.    subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction devices
                                                     requirements) of
                                                     this part that
                                                     reduces hydrogen
                                                     halides and
                                                     halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per year,
                                                     whichever is less
                                                     stringent; or
                                                    b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction devices
                                                     requirements) of
                                                     this part and then
                                                     complying with the
                                                     requirements
                                                     specified for
                                                     process vents from
                                                     continuous unit
                                                     operations
                                                     (nonhalogenated).

[[Page 1155]]

 
3. A process vent from        The vent steam has a  a. Reduce emissions
 continuous unit operations    mass emission rate    of acrylonitrile by
 (nonhalogenated).             of halogen atoms      using a flare
                               contained in          meeting the
                               organic compounds     requirements of
                               0.45 kilograms per    subpart SS, Sec.
                               hour a, and an        63.987 (flare
                               acrylonitrile         requirements) of
                               concentration 50 parts per  b. Reduce emissions
                               million by volume b   of acrylonitrile by
                               and an average flow   98 weight-percent,
                               rate 0.005 cubic        concentration of 20
                               meters per minute.    parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part.
4. A fiber spinning line      The lines use a spin  a. Reduce
 that is a new or              dope produced from    acrylonitrile
 reconstructed source.         either a suspension   emissions by 85
                               polymerization        weight-percent or
                               process or solution   more. (For example,
                               polymerization        by enclosing the
                               process,.             spinning and
                                                     washing areas of
                                                     the spinning line
                                                     (as specified in
                                                     paragraph (b)(4) of
                                                     this section) and
                                                     venting through a
                                                     closed vent system
                                                     and using any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a), of this
                                                     part); or
                                                    b. Reduce
                                                     acrylonitrile
                                                     emissions from the
                                                     spinning line to
                                                     less than or equal
                                                     to 0.25 kilograms
                                                     of acrylonitrile
                                                     per megagram (0.5
                                                     pounds of
                                                     acrylonitrile per
                                                     ton) of acrylic and
                                                     modacrylic fiber
                                                     produced; or
                                                    c. Reduce the AN
                                                     concentration of
                                                     the spin dope to
                                                     less than 100 ppmw.
5. A fiber spinning line      The spinning line     Maintain records and
 that is an existing source.   uses a spin dope      report emissions as
                               produced from a       specified in Secs.
                               solution              63.1109 through
                               polymerization        63.1110. Control of
                               process.              spinning line AN
                                                     emissions is not
                                                     required
6. A fiber spinning line      The spinning line     a. Reduce the AN
 that is an existing source.   uses a spin dope      concentration of
                               produced from a       the spin dope to
                               suspension            less than 100 ppmw
                               polymerization        b, or
                               process.
                                                    b. Reduce
                                                     acrylonitrile
                                                     emissions from the
                                                     spinning line to
                                                     less than or equal
                                                     to 0.025 kilograms
                                                     of acrylonitrile
                                                     per megagram of
                                                     acrylic and
                                                     modacrylic fiber
                                                     produced.
7. Equipment as defined       It contains or        Comply with the
 under Sec.  63.1101.          contacts 10 weight-         subpart TT
                               percent               (national emission
                               acrylonitrile c,      standards for
                               and operates 300 hours      (control level 1))
                               per year.             or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
8. An acrylic and modacrylic  The process           Comply with the
 fiber production process      wastewater stream     requirements of
 unit that generates process   is a Group 1 or       Sec.  63.1106(a).
 wastewater.                   Group 2 wastewater
                               stream.
9. An acrylic and modacrylic  The maintenance       Comply with the
 fiber production process      wastewater contains   requirements of
 unit that generates           organic HAP.          Sec.  63.1106(b).
 maintenance wastewater.
10. An item of equipment      The item of           Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec.               G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).
------------------------------------------------------------------------
a The mass emission rate of halogen atoms contained in organic compounds
  is determined according to the procedures specified in Sec.
  63.1104(i).
b The percent by weight organic HAP is determined according to the
  procedures specified in Sec.  63.1107.
c The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.  63.1107.


[[Page 1156]]

    (ii) The owner or operator must control organic HAP emissions from 
the acrylic and modacrylic fibers production facility by meeting the 
applicable requirements specified in table 3 of this section. The owner 
or operator must determine the facility acrylonitrile emission rate 
using the procedures specified in paragraph (b)(5) of this section. 
Applicability assessment procedures and methods are specified in 
Secs. 63.1104 through 63.1107. An owner or operator of an affected 
source does not have to perform tests, TRE calculations or other 
applicability assessment procedures if they opt to comply with the most 
stringent requirements for an applicable emission point pursuant to this 
subpart. General compliance, recordkeeping, and reporting requirements 
are specified in Secs. 63.1108 through 63.1112. Procedures for approval 
of alternative means of emission limitations are specified in 
Sec. 63.1113.

 Table 3. To Sec.  63.1103(b)(3)(ii).--What Are My Requirements If I Own
  Or Operate An Acrylic And Modacrylic Fiber Production Existing Or New
   Affected Source And Am Complying With Paragraph (b)(3)(ii) Of This
                                Section?
------------------------------------------------------------------------
                                Then you must control total organic HAP
   If you own or operate...     emissions from the affected source by...
------------------------------------------------------------------------
1. An acrylic and modacrylic   Meeting all of following requirements:
 fibers production affected    a. Reduce total acrylonitrile emissions
 source and your facility is    from all affected storage vessels,
 an existing source.            process vents, wastewater streams
                                associated with the acrylic and
                                modacrylic fibers production process
                                unit as defined in paragraph (b)(2) of
                                this section, and fiber spinning lines
                                operated in your acrylic and modacrylic
                                fibers production facility to less than
                                or equal to 1.0 kilograms (kg) of
                                acrylonitrile per megagram (Mg) of fiber
                                produced.
                               b. Determine the facility acrylonitrile
                                emission rate in accordance with the
                                requirements specified in
                                paragraph(b)(5) of this section.
2. An acrylic and modacrylic   Meeting all of following requirements:
 fibers production affected    a. Reduce total acrylonitrile emissions
 source and your facility is    from all affected storage vessels,
 a new source.                  process vents, wastewater streams
                                associated with the acrylic and
                                modacrylic fibers production process
                                unit as defined in paragaph (b)(2) of
                                this section, and fiber spinning lines
                                operated in the acrylic and modacrylic
                                fibers production facility to less than
                                or equal to 0.5 kilograms (kg) of
                                acrylonitrile per megagram (Mg) of fiber
                                produced.
                               b. Determine the facility acrylonitrile
                                emission rate in accordance with the
                                requirements specified in paragraph
                                (b)(5) of this section.
3. Equipment as defined under  Meeting either of the following standards
 Sec.  63.1101 and it           for equipment leaks:
 contains or contacts > 10     a. Comply with subpart TT of this part;
 weight-percent                 or
 acrylonitrile,a and operates  b. Comply with subpart UU of this part.
 > 300 hours per year.
------------------------------------------------------------------------
a The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.  63.1107.

    (4) Fiber spinning line enclosure requirements. For an owner or 
operator of a new or modified source electing to comply with paragraph 
(b)(3)(i) of this section, the fiber spinning line enclosure must be 
designed and operated to meet the requirements specified in paragraphs 
(b)(4)(i) through (iv) of this section.
    (i) The enclosure must cover the spinning and washing areas of the 
spinning line.
    (ii) The enclosure must 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'' in 40 CFR 52.741, Appendix B.
    (iii) 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.
    (iv) The owner or operator must 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.
    (5) Facility acrylonitrile emission rate determination. For an owner 
or operator electing to comply with paragraph (b)(3)(ii) of this 
section, the facility acrylonitrile emission rate must be determined 
using the requirements specified in paragraphs (b)(5)(i) through (iii) 
of this section.
    (i) The owner or operator must prepare an initial determination of 
the facility acrylonitrile emission rate.

[[Page 1157]]

    (ii) Whenever changes to the acrylic or modacrylic fiber production 
operations at the facility could potentially cause the facility 
acrylonitrile emission rate to exceed the applicable limit of kilogram 
of acrylonitrile per Megagram of fiber produced, the owner or operator 
must prepare a new determination of the facility acrylonitrile emission 
rate.
    (iii) For each determination, the owner or operator must prepare and 
maintain at the facility site sufficient process data, emissions data, 
and any other documentation necessary to support the facility 
acrylonitrile emission rate calculation.
    (c) Hydrogen fluoride production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source--For the hydrogen 
fluoride production (as defined in paragraph (c)(2) of this section) 
source category, the affected source shall comprise all emission points, 
in combination, listed in paragraphs (c)(1)(i)(A) through (D) of this 
section, that are associated with a hydrogen fluoride production process 
unit located at a major source as defined in section 112(a) of the Act.
    (A) All storage vessels used to accumulate or store hydrogen 
fluoride.
    (B) All process vents from continuous unit operations associated 
with hydrogen fluoride recovery and refining operations. These process 
vents include vents on condensers, distillation units, and water 
scrubbers.
    (C) All transfer racks used to load hydrogen fluoride into tank 
trucks or railcars.
    (D) Equipment in hydrogen fluoride service (as defined in paragraph 
(c)(2) of this section).
    (ii) Compliance schedule. The compliance schedule, for affected 
sources as defined in paragraph (c)(1)(i) of this section, is specified 
in Sec. 63.1102(a).
    (2) Definitions.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipelines or a pipeline 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 
purposes of this subpart.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, and instrumentation system in hydrogen fluoride service; and 
any control devices or closed-vent systems used to comply with this 
subpart.
    Hydrogen fluoride production means a process engaged in the 
production and recovery of hydrogen fluoride by reacting calcium 
fluoride with sulfuric acid. For the purpose of implementing this 
subpart, hydrogen fluoride production is not a process that produces 
gaseous hydrogen fluoride for direct reaction with hydrated aluminum to 
form aluminum fluoride (i.e., the hydrogen fluoride is not recovered as 
an intermediate or final product prior to reacting with the hydrated 
aluminum).
    In hydrogen fluoride service means that a piece of equipment either 
contains or contacts a hydrogen fluoride process fluid (liquid or gas).
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    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.
    Kiln seal means the mechanical or hydraulic seals at both ends of 
the kiln, designed to prevent the infiltration of moisture and air 
through the interface of the rotating kiln and stationary pipes and 
equipment attached to the kiln during normal vacuum operation of the 
kiln (operation at an internal pressure of at least 0.25 kilopascal [one 
inch of water] below ambient pressure).
    Leakless pump means a pump whose seals are submerged in liquid, a 
magnetically-driven pump, a pump equipped with a dual mechanical seal 
system that includes a barrier fluid system, a canned pump, or other 
pump that is designed with no externally actuated shaft penetrating the 
pump housing.

[[Page 1158]]

    Open-ended valve or line means any valve, except relief valves, 
having one side of the valve seat in contact with process fluid and one 
side open to the atmosphere, either directly or through open piping.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the 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 pounds per square inch gauge or 
by a vacuum are not pressure relief devices.
    Relief device or 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.
    Repaired for the purpose of this regulation means equipment is 
adjusted, or otherwise altered, to eliminate a leak identified by 
sensory monitoring.
    Sampling connection system means an assembly of equipment within a 
process unit or affected facility used during periods of representative 
operation to take samples of the process fluid. Equipment used to take 
nonroutine grab samples is not considered a sampling connection system.
    Sensory monitoring means the detection of a potential leak to the 
atmosphere by walk-through visual, audible, or olfactory monitoring. 
Comprehensive component-by-component inspection is not required.
    Shift means the time a shift operator normally works, typically 8 or 
12 hours.
    (3) Requirements. Table 4 of this section specifies the hydrogen 
fluoride production source category applicability and control 
requirements for both existing and new sources. The owner or operator 
must control hydrogen fluoride emissions from each affected source 
emission point as specified in table 4. General compliance, 
recordkeeping, and reporting requirements are specified in Secs. 63.1108 
through 63.1112. Specific monitoring, recordkeeping, and reporting 
requirements are specified in table 4. Minimization of emissions from 
startups, shutdowns, and malfunctions, including those resulting from 
kiln seals must be addressed in the startup, shutdown, and malfunction 
plan required by Sec. 63.1111; the plan must also establish reporting 
and recordkeeping of such events. Procedures for approval of alternative 
means of emission limitations are specified in Sec. 63.1113.

[[Page 1159]]



   Table 4. TO Sec.  63.1103(c)--What Are My Requirements If I Own or
 Operate a Hydrogen Fluoride Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
1. A storage vessel.........  The stored material   Reduce emissions of
                               is hydrogen           hydrogen fluoride
                               fluoride.             by venting
                                                     displacement
                                                     emissions created
                                                     by normal filling
                                                     or emptying
                                                     activities through
                                                     a closed-vent
                                                     system to a
                                                     recovery system or
                                                     wet scrubber that
                                                     is designed and
                                                     operated to achieve
                                                     a 99 weight-percent
                                                     removal efficiency.
                                                     The minimum liquid
                                                     flow rate to the
                                                     scrubber that
                                                     achieves a 99
                                                     weight-percent
                                                     removal efficiency
                                                     shall be
                                                     established, and
                                                     may be done so by
                                                     design analysis.
                                                     The liquid flow
                                                     rate to the
                                                     scrubber shall be
                                                     continuously
                                                     monitored and
                                                     records maintained
                                                     according to Sec.
                                                     63.996 and Sec.
                                                     63.998(b), (c), and
                                                     (d)(3) of 40 CFR
                                                     subpart SS of this
                                                     part. The Periodic
                                                     Report specified in
                                                     Sec.  63.1110(a)(5)
                                                     of this subpart
                                                     shall include the
                                                     information
                                                     specified in Sec.
                                                     63.999(c) of 40 CFR
                                                     subpart SS of this
                                                     part, as
                                                     applicable.
2. A process vent from        The vent stream is    Reduce emissions of
 continuous unit operations.   from hydrogen         hydrogen fluoride
                               fluoride recovery     from the process
                               and refining          vent by venting
                               vessels.              emissions through a
                                                     closed-vent system
                                                     to a wet scrubber
                                                     that is designed
                                                     and operated to
                                                     achieve a 99 weight-
                                                     percent removal
                                                     efficiency.
                                                     Monitoring,
                                                     recordkeeping, and
                                                     reporting of wet
                                                     scrubber operation
                                                     shall be in
                                                     accordance with the
                                                     requirements stated
                                                     above for a wet
                                                     scrubber
                                                     controlling
                                                     hydrogen fluoride
                                                     emissions from a
                                                     storage vessel.
3. A transfer rack..........  The transfer rack is  Reduce emissions of
                               associated with       hydrogen fluoride
                               bulk hydrogen         by venting
                               fluoride liquid       emissions through a
                               loading into tank     closed-vent system
                               trucks and rail       to a recovery
                               cars.                 system or wet
                                                     scrubber that is
                                                     designed and
                                                     operated to achieve
                                                     a 99 weight-percent
                                                     removal efficiency.
                                                     Monitoring,
                                                     recordkeeping, and
                                                     reporting of wet
                                                     scrubber operation
                                                     shall be in
                                                     accordance with the
                                                     requirements stated
                                                     above for a wet
                                                     scrubber
                                                     controlling HF
                                                     emissions from a
                                                     storage vessel. You
                                                     also must load
                                                     hydrogen fluoride
                                                     into only tank
                                                     trucks and railcars
                                                     that have a current
                                                     certification in
                                                     accordance with the
                                                     U.S. DOT pressure
                                                     test requirements
                                                     of 49 CFR part 180
                                                     for tank trucks and
                                                     49 CFR 173.31 for
                                                     railcars; or have
                                                     been demonstrated
                                                     to be vapor-tight
                                                     (i.e. will sustain
                                                     a pressure change
                                                     of not more than
                                                     750 Pascals within
                                                     5 minutes after it
                                                     is pressurized to a
                                                     minimum or 4,500
                                                     Pascals) within the
                                                     preceding 12
                                                     months.

[[Page 1160]]

 
4. Equipment................  It is in hydrogen     Control hydrogen
                               fluoride service      fluoride emissions
                               and operates  300 hours     pumps and by
                               per year and is not   implementing a
                               in vacuum service.    sensory monitoring
                                                     leak detection
                                                     program. Equipment
                                                     that is excluded
                                                     from sensory
                                                     monitoring because
                                                     it operates less
                                                     than 300 hours per
                                                     year or is in
                                                     vacuum service
                                                     shall be identified
                                                     by list, location,
                                                     or other method and
                                                     the identity shall
                                                     be recorded. An
                                                     owner or operator
                                                     is required to
                                                     perform sensory
                                                     monitoring at least
                                                     once every shift,
                                                     but no later than
                                                     within 15 days.
                                                     When a leak is
                                                     detected, repair
                                                     must begin within
                                                     one hour and be
                                                     completed as soon
                                                     as practical. A
                                                     record shall be
                                                     kept of each leak
                                                     detected and
                                                     repaired including:
                                                     equipment
                                                     identification
                                                     number, date and
                                                     time the leak was
                                                     detected and that
                                                     repair was
                                                     initiated, and the
                                                     date of successful
                                                     repair.
------------------------------------------------------------------------

    (d) Polycarbonate production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the 
polycarbonate production (as defined in paragraph (d)(2) of this 
section) source category, the affected source shall comprise all 
emission points, in combination, listed in paragraphs (d)(1)(i)(A) 
through (D) of this section, that are part of a polycarbonate production 
process unit located at a major source as defined in section 112(a) of 
the Act. For the purposes of this rule, a polycarbonate production 
process unit is a unit that produces polycarbonate by interfacial 
polymerization from bisphenols and phosgene. Phosgene production units 
that are associated with polycarbonate production process units are 
considered to be part of the polycarbonate production process. A 
phosgene production unit consists of the reactor in which phosgene is 
formed and all equipment (listed in paragraphs (d)(1)(i)(A) through (D) 
of this section) downstream of the reactor that provides phosgene for 
the production of polycarbonate. Therefore, for the purposes of this 
rule, such a phosgene production unit is considered to be a 
polycarbonate production process unit.
    (A) All storage vessels that store liquids containing organic HAP.
    (B) All process vents from continuous and batch unit operations.
    (C) All wastewater streams.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that 
contains or contacts organic HAP.
    (ii) Compliance schedule. The compliance schedule, for affected 
sources as defined in paragraph (d)(1)(i) of this section, is specified 
in Sec. 63.1102(a).
    (2) Definitions.
    Polycarbonate production means a process engaged in the production 
of a special class of polyester formed from any dihydroxy compound and 
any carbonate diester or by ester exchange. Polycarbonate may be 
produced by solution or emulsion polymerization, although other methods 
may be used. A typical method for the manufacture of polycarbonate 
includes the reaction of bisphenol-A with phosgene in the presence of 
pyridine or other catalyst to form polycarbonate. Methylene chloride or 
other solvents are used in this polymerization reaction.
    (3) Requirements. Tables 5 and 6 of this section specify the 
applicability criteria and standards for existing and new sources within 
the polycarbonate production source category. The owner or operator must 
control organic HAP emissions from each affected source emission point 
by meeting the applicable requirements specified in tables 5 and 6. 
Applicability assessment procedures and methods are specified in 
Secs. 63.1104 through 63.1107. An owner or

[[Page 1161]]

operator of an affected source is not required to perform tests, TRE 
calculations or other applicability assessment procedures if they opt to 
comply with the most stringent requirements for an applicable emission 
point pursuant to this subpart. General compliance, recordkeeping, and 
reporting requirements are specified in Secs. 63.1108 through 63.1112. 
Procedures for approval of alternative means of emission limitations are 
specified in Sec. 63.1113.

    Table 5 To Sec.  63.1103(d)--What Are My Requirements If I Own or
      Operate A Polycarbonate Production Existing Affected Source?
------------------------------------------------------------------------
  If you own or operate...          And if...         Then you must...
------------------------------------------------------------------------
1. A storage vessel with: 75  27.6 kilopascals       thn-eq> maximum       total organic HAP
 capacity  151 cubic meters.   true vapor pressure   by 95 weight-
                               of total organic      percent by venting
                               HAP  76.6             emissions through a
                               kilopascals.          closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part; or
                                                     comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A storage vessel with:     The maximum true      Reduce emissions of
 151 cubic meters  capacity.                 total organic HAP     by 98 weight-
                                5.2       percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part
3. A storage vessel with: 75  The maximum true      Reduce emissions of
 cubic meters       vapor pressure of     total organic HAP
 capacity  151 cubic meters.   total organic HAP     by 95 weight-
                                76.6      percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.
4. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a TRE b,c > 2.7.      of total organic
 or a combined vent stream a.                        HAP by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part and vent
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994, of this
                                                     part, that reduces
                                                     hydrogen halides
                                                     and halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per hour
                                                     d, whichever is
                                                     less stringent; or

[[Page 1162]]

 
  ..........................                        b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction device
                                                     requirements) of
                                                     this part and
                                                     reduce emissions of
                                                     total organic HAP
                                                     by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     or TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 2.7.
5. A process vent from        2.7  TRE b,c > 4.0..  Monitor and keep
 continuous unit operations                          records of
 or a combined vent stream a.                        equipment operating
                                                     parameters
                                                     specified to be
                                                     monitored under
                                                     subpart SS, Secs.
                                                     63.990(c)
                                                     (absorber,
                                                     condenser, and
                                                     carbon adsorber
                                                     monitoring) or
                                                     63.995(c) (other
                                                     noncombustion
                                                     systems used as a
                                                     control device
                                                     monitoring) of this
                                                     part.
6. Equipment as defined       The equipment         Comply with the
 under Sec.  63.1101.          contains or           requirements of
                               contacts  5 weight-         (national emission
                               percent total         standards for
                               organic HAPe, and     equipment leaks
                               operates  300 hours per     or subpart UU
                               year.                 (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
7. A polycarbonate            The process           Comply with the
 production process unit       wastewater stream     requirements of
 that generates process        is a Group 1 or a     Sec.  63.1106(a).
 wastewater.                   Group 2 wastewater
                               stream.
8. A polycarbonate            The maintenance       Comply with the
 production process unit       wastewater contains   requirements of
 that generates maintenance    organic HAP.          Sec.  63.1106(b).
 wastewater.
9. An item of equipment       The item of           Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec.               G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).
------------------------------------------------------------------------
a Combined vent streams shall use the applicability determination
  procedures and methods for process vents from continuous unit
  operations (Sec.  63.1104).
b The TRE equation coefficients for halogenated streams (table 1 of Sec.
   63.1104(j)(1)) shall be used to calculate the TRE index value.
c The TRE is determined according to the procedures specified in Sec.
  63.1104(j). If a dryer is manifolded with such vents, and the vent is
  routed to a recovery, recapture, or combustion device, then the TRE
  index value for the vent must be calculated based on the properties of
  the vent stream (including the contributions of the dryer). If a dryer
  is manifolded with other vents and not routed to a recovery,
  recapture, or combustion device, then the TRE index value must be
  calculated excluding the contributions of the dryer. The TRE index
  value for the dryer must be calculated separately in this case.
d The mass emission rate of halogen atoms contained in organic compounds
  is determined according to the procedures specified in Sec.
  63.1104(i).
e The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.  63.1107.


[[Page 1163]]


   Table 6.--To Sec.  63.1103(d)--What are My Requirements If I Own or
         Operate a Polycarbonate Production New Affected Source?
------------------------------------------------------------------------
 If you own or operate. . .        And if. . .       Then you must. . .
------------------------------------------------------------------------
1. A storage vessel with: 38  13.1 kilopascals maximum true   of total organic
 eq>capacity 151 cubic         vapor pressure of     HAP by 95 weight-
 meters.                       total organic HAP     percent by venting
                               76.6 kilopascals.     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part; or
                                                    b. Comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A storage vessel with:     The maximum true      Reduce emissions of
 151 cubic meters capacity.                  total organic HAP     by 98 weight-
                               is 5.2     percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.
3. A storage vessel with: 38  The maximum true      Reduce emissions of
 cubic meters capacity 151 cubic         total organic HAP     by 95 weight-
 meters.                       is 76.6    percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.

[[Page 1164]]

 
4. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a a TREb,c >9.6.      of total organic
 or a combined vent stream a.                        HAP by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; and
                                                    Vent emissions
                                                     through a closed
                                                     vent system to a
                                                     halogen reduction
                                                     device meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994, of this
                                                     part that reduces
                                                     hydrogen halides
                                                     and halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per
                                                     hourd, whichever is
                                                     less stringent; or
                                                    b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction device
                                                     requirements) of
                                                     this part; and
                                                    Reduce emissions of
                                                     total organic HAP
                                                     by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     or TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 9.6
5. Equipment as defined       The equipment         Comply with the
 under Sec.  63.1101.          contains or           requirements of 40
                               contacts  5 weight-         (national emission
                               percent organic       standards for
                               HAPe, and operates    equipment leaks
                                300       (control level 1))
                               hours per year.       or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
------------------------------------------------------------------------
a Combined vent streams shall use the applicability determination
  procedures and methods for process vents from continuous unit
  operations (Sec.  63.1104).
b The TRE equation coefficients for halogenated streams (table 7 of this
  subpart) shall be used to calculate the TRE index value.
c The TRE is determined according to the procedures specified in Sec.
  63.1104(j). If a dryer is manifolded with such vents, and the vent is
  routed to a recovery, recapture, or combustion device, then the TRE
  index value for the vent must be calculated based on the properties of
  the vent stream (including the contributions of the dryer). If a dryer
  is manifolded with other vents and not routed to a recovery,
  recapture, or combustion device, then the TRE index value must be
  calculated excluding the contributions of the dryer. The TRE index
  value for the dryer must be calculated separately in this case.
d The mass emission rate of halogen atoms contained in organic compounds
  is determined according to the procedures specified in Sec.
  63.1104(i).
e The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.  63.1107.


[64 FR 34921, June 29, 1999, as amended at 64 FR 63699, 63706, Nov. 22, 
1999; 64 FR 71852, Dec. 22, 1999]



Sec. 63.1104  Process vents from continuous unit operations: applicability assessment procedures and methods.

    (a) General. The provisions of this section provide calculation and 
measurement methods for criteria that are

[[Page 1165]]

required by Sec. 63.1103 to be used to determine applicability of the 
control requirements for process vents from continuous unit operations. 
The owner or operator of a process vent is not required to determine the 
criteria specified for a process vent that is being controlled in 
accordance with the applicable weight-percent or TOC concentration 
requirement in Sec. 63.1103.
    (b) Sampling sites. For purposes of determining process vent 
applicability criteria, the sampling site shall be located as specified 
in (b)(1) through (4) of this section, as applicable.
    (1) Sampling site location if TRE determination is required. If the 
applicability criteria specified in the applicable table of Sec. 63.1103 
includes a TRE index value, the sampling site for determining volumetric 
flow rate, regulated organic HAP concentration, total organic HAP or TOC 
concentration, heating value, and TRE index value, shall be after the 
final 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.
    (2) Sampling site location if TRE determination is not required. If 
the applicability criteria specified in the applicable table of 
Sec. 63.1103 does not include a TRE index value, the sampling site for 
determining volumetric flow rate, regulated organic HAP concentration, 
total organic HAP or TOC concentration, and any other specified 
parameter shall be at the exit from the unit operation before any 
control device.
    (3) Sampling site selection method. Method 1 or 1A of 40 CFR part 
60, appendix A, as appropriate, shall be used for selection of the 
sampling site. No traverse site selection method is needed for process 
vents smaller than 0.10 meter (0.33 foot) in nominal inside diameter.
    (4) Sampling site when a halogen reduction device is used prior to a 
combustion device. An owner or operator using a scrubber to reduce the 
process vent halogen atom mass emission rate to less than 0.45 kilograms 
per hour (0.99 pound per hour) prior to a combustion control device in 
compliance with Sec. 63.1103 (as appropriate) shall determine the 
halogen atom mass emission rate prior to the combustion device according 
to the procedures in paragraph (i) of this section.
    (c) Applicability assessment requirement. The TOC or organic HAP 
concentrations, process vent volumetric flow rates, process vent heating 
values, process vent TOC or organic HAP emission rates, halogenated 
process vent determinations, process vent TRE index values, and 
engineering assessment process vent control applicability assessment 
requirements are to be determined during maximum representative 
operating conditions for the process, except as provided in paragraph 
(d) of this section, or unless the Administrator specifies or approves 
alternate operating conditions. Operations during periods of startup, 
shutdown, and malfunction shall not constitute representative conditions 
for the purpose of an applicability test.
    (d) Exceptions. For a process vent stream that consists of at least 
one process vent from a batch unit operation manifolded with at least 
one process vent from a continuous unit operation, the TRE shall be 
calculated during periods when one or more batch emission episodes are 
occurring that result in the highest organic HAP emission rate (in the 
combined vent stream that is being routed to the recovery device) that 
is achievable during the 6-month period that begins 3 months before and 
ends 3 months after the TRE calculation, without causing any of the 
situations described in paragraphs (d)(1) through (3) to occur.
    (1) Causing damage to equipment;
    (2) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (3) Necessitating that the owner or operator make produce in excess 
of demand.
    (e) TOC or Organic HAP concentration. The TOC or organic HAP 
concentrations, used for TRE index value calculations in paragraph (j) 
of this section, shall be determined based on paragraph (e)(1), (e)(2) 
or (k) of this section, or any other method or data that have been 
validated according to the protocol in method 301 of appendix A of this 
part. For concentrations

[[Page 1166]]

needed for comparison with the appropriate control applicability 
concentrations specified in Sec. 63.1103, TOC or organic HAP 
concentration shall be determined based on paragraph (e)(1), (e)(2), or 
(k) of this section or any other method or data that has been validated 
according to the protocol in method 301 of appendix A of this part. The 
owner or operator shall record the TOC or organic HAP concentration as 
specified in paragraph (l)(3) of this section.
    (1) Method 18. The procedures specified in paragraph (e)(1)(i) and 
(ii) of this section shall be used to calculate parts per million by 
volume concentration using method 18 of 40 CFR part 60, appendix A:
    (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 
regulated organic HAP emissions shall be calculated according to 
paragraph (e)(1)(ii)(A) or (B) of this section, as applicable.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.015

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 regulated organic HAP or total organic HAP concentration 
(CHAP) shall be computed according to Equation 1 in paragraph 
(e)(1)(ii)(A) of this section except that only the regulated or total 
organic HAP species shall be summed, as appropriate.
    (2) Method 25A. The procedures specified in paragraphs (e)(2)(i) 
through (vi) of this section shall be used to calculate parts per 
million by volume concentration using Method 25A of 40 CFR part 60, 
appendix A.
    (i) Method 25A of 40 CFR part 60, appendix A shall be used only if a 
single organic HAP compound comprises greater than 50 percent of total 
organic HAP or TOC, by volume, in the process vent.
    (ii) The process vent composition may be determined by either 
process knowledge, test data collected using an appropriate 
Environmental Protection Agency method or a method or data validated 
according to the protocol in Method 301 of appendix A of part 63. 
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 conditions.
    (iii) The organic compound 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 or 
TOC by volume.
    (iv) The span value for Method 25A of 40 CFR part 60, appendix A 
shall be equal to the appropriate control applicability concentration 
value specified in the applicable table(s) presented in Sec. 63.1103 of 
this subpart.
    (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 one-half the appropriate control 
applicability concentration specified in the applicable table for a 
subject source category in Sec. 63.1103 in order to qualify for a low 
organic HAP concentration exclusion.
    (f) Volumetric flow rate. The process vent volumetric flow rate 
(QS), in

[[Page 1167]]

standard cubic meters per minute at 20  deg.C, shall be determined as 
specified in paragraph (f)(1) or (2) of this section and shall be 
recorded as specified in Sec. 63.1109(d).
    (1) Use Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as 
appropriate. If the process vent tested passes through a final steam jet 
ejector and is not condensed, the stream volumetric flow shall be 
corrected to 2.3 percent moisture; or
    (2) The engineering assessment procedures in paragraph (k) of this 
section can be used for determining volumetric flow rates.
    (g) Heating value. The net heating value shall be determined as 
specified in paragraphs (g)(1) and (2) of this section, or by using the 
engineering assessment procedures in paragraph (k) of this section.
    (1) The net heating value of the process vent shall be calculated 
using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR29JN99.016

Where:

HT = Net heating value of the sample, megaJoule per standard 
          cubic meter, where the net enthalpy per mole of process vent 
          is based on combustion at 25 deg. C and 760 millimeters of 
          mercury, but the standard temperature for determining the 
          volume corresponding to 1 mole is 20 deg. C, as in the 
          definition of Qs (process vent volumetric flow 
          rate).
K1 = 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.
    Dj = Concentration on a wet basis of compound j in parts per 
million, as measured by procedures indicated in paragraph (e)(2) of this 
section. For process vents that pass through a final stream jet and are 
not condensed, the moisture is assumed to be 2.3 percent by volume.
    Hj = Net heat of combustion of compound j, kilocalorie 
per gram-mole, based on combustion at 25 deg. C and 760 millimeters 
mercury.
    (2) The molar composition of the process vent (D j) shall 
be determined using the methods specified in paragraphs (g)(2)(i) 
through (iii) of this section:
    (i) Method 18 of 40 CFR part 60, appendix A to measure the 
concentration of each organic compound.
    (ii) American Society for Testing and Materials D1946-90 to measure 
the concentration of carbon monoxide and hydrogen.
    (iii) Method 4 of 40 CFR part 60, appendix A to measure the moisture 
content of the stack gas.
    (h) TOC or Organic HAP emission rate. The emission rate of TOC 
(minus methane and ethane) (ETOC) and the emission rate of 
the regulated organic HAP or total organic HAP (EHAP) in the 
process vent, as required by the TRE index value equation specified in 
paragraph (j) of this section, shall be calculated using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR29JN99.017

Where:

E = Emission rate of TOC (minus methane and ethane) (ETOC) or 
          emission rate of the regulated organic HAP or total organic 
          HAP (EHAP) 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.
n = Number of components in the sample.
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 (e) 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 are included; if the 
          regulated organic HAP emission rate is being calculated, only 
          regulated organic HAP compounds are included.
Mj = Molecular weight of organic compound j, gram/gram-mole.
Qs = Process vent flow rate, dry standard cubic meter per 
          minute, at a temperature of 20 deg. C.

    (i) Halogenated process vent determination. In order to determine 
whether a process vent is halogenated, the mass emission rate of halogen 
atoms contained in organic compounds shall be calculated according to 
the procedures specified in paragraphs (i)(1) and (2) of

[[Page 1168]]

this section. A process vent is considered halogenated if the mass 
emission rate of halogen atoms contained in the organic compounds is 
equal to or greater than 0.45 kilograms per hour.
    (1) The process vent concentration of each organic compound 
containing halogen atoms (parts per million by volume, by compound) 
shall be determined based on one of the procedures specified in 
paragraphs (i)(1)(i) through (iv) of this section:
    (i) Process knowledge that no halogen or hydrogen halides are 
present in the process vent, or
    (ii) Applicable engineering assessment as discussed in paragraph (k) 
of this section, or
    (iii) Concentration of organic compounds containing halogens or 
hydrogen halides as measured by Method 26 or 26A of 40 CFR part 60, 
appendix A, or
    (iv) Any other method or data that have been validated according to 
the applicable procedures in method 301 of appendix A of this part.
    (2) Equation 4 shall be used to calculate the mass emission rate of 
halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR29JN99.018

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 per hour), where standard temperature is 20 deg. C.
Q = Flow rate of gas stream, dry standard cubic meters per minute, 
          determined according to paragraph (f)(1) or (f)(2) of this 
          section.
n = Number of halogenated compounds j in the gas stream.
j = Halogenated compound j in the gas stream.
m = Number of different halogens i in each compound j of the gas stream.
i = Halogen atom i in compound j of the gas stream.
Cj = Concentration of halogenated compound j in the gas 
          stream, dry basis, parts per million by volume.
Lji = Number of atoms of halogen i in compound j of the gas 
          stream.
Mji = Molecular weight of halogen atom i in compound j of the 
          gas stream, kilogram per kilogram-mole.

    (j) TRE index value. The owner or operator shall calculate the TRE 
index value of the process vent using the equations and procedures in 
this paragraph, as applicable, and shall maintain records specified in 
paragraph (l)(1) or (m)(2) of this section, as applicable.
    (1) TRE index value equation. The equation for calculating the TRE 
index value is Equation 5:

TRE = 1/EHAP*[A+B(QS)+ C(HT)+ 
D(ETOC)]  [Eq. 5]

Where:

TRE = TRE index value.
A, B, C, D = Coefficients presented in table 1 of this section.
EHAP = Emission rate of total organic HAP, kilograms per 
          hour, as calculated according to paragraph (h) or (k) of this 
          section.
QS = process vent flow rate, standard cubic meters per 
          minute, at a standard temperature of 20  deg.C, as calculated 
          according to paragraph (f) or (k) of this section.
HT = process vent net heating value, megaJoules per standard 
          cubic meter, as calculated according to paragraph (g) or (k) 
          of this section.
ETOC = Emission rate of TOC (minus methane and ethane), 
          kilograms per hour, as calculated according to paragraph (h) 
          or (k) of this section.


[[Page 1169]]



                                    Table 1 of Sec.  63.1104(j)(1).--Coefficients For Total Resource Effectiveness a
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Values of coefficients
     Existing or new?        Halogenated vent stream?     Control device basis   -----------------------------------------------------------------------
                                                                                          A                 B                 C                 D
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing..................  Yes......................  Thermal Incinerator and               3.995      5.200 x 10-2     -1.769 x 10-3      9.700 x 10-4
                                                        Scrubber.
                            No.......................  Flare....................             1.935      3.660 x 10-1     -7.687 x 10-3      -7.33 x 10-4
                                                       Thermal Incinerator 0                 1.492      6.267 x 10-2      3.177 x 10-2     -1.159 x 10-3
                                                        Percent Recovery
                                                       Thermal Incinerator 70                2.519      1.183 x 10-2      1.300 x 10-2      4.790 x 10-2
                                                        Percent Recovery
New.......................  Yes......................  Thermal Incinerator and              1.0895      1.417 x 10-2      -4.82 x 10-3      2.645 x 10-3
                                                        Scrubber.
                            No.......................  Flare....................      5.276 x 10-1     9.98 x 10-2-2     -2.096 x 10-3     -2.000 x 10-4
                                                       Thermal Incinerator 0          4.068 x 10-1       1.71 x 10-2      8.664 x 10-3      -3.16 x 10-4
                                                        Percent Recovery
                                                       Thermal Incinerator 70         6.868 x 10-1       3.21 x 10-3      3.546 x 10-3      1.306 x 10-2
                                                        Percent Recovery
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Use according to procedures outlined in this section.
MJ/scm = Mega Joules per standard cubic meter
scm/min = Standard cubic meters per minute


[[Page 1170]]

    (2) Nonhalogenated process vents. The owner or operator of a 
nonhalogenated process vent shall calculate the TRE index value by using 
the equation and appropriate nonhalogenated process vent parameters in 
table 1 of this section for process vents at existing and new sources. 
The lowest TRE index value is to be selected.
    (3) Halogenated process vents. The owner or operator of a 
halogenated process vent stream, as determined according to procedures 
specified in paragraph (i) or (k) of this section, shall calculate the 
TRE index value using the appropriate halogenated process vent 
parameters in table 1 of this section for existing and new sources.
    (k) Engineering assessment. For purposes of TRE index value 
determinations, engineering assessments may be used to determine process 
vent 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. Engineering assessments shall meet the 
requirements of paragraphs (k)(1) through (4) of this section. If 
process vent flow rate or process vent organic HAP or TOC concentration 
is being determined for comparison with the 0.011 standard cubic meters 
per minute (scmm) flow rate or the applicable concentration value 
presented in the tables in Sec. 63.1103, engineering assessment may be 
used to determine the flow rate or concentration for the representative 
operating condition expected to yield the highest flow rate or 
concentration.
    (1) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (j) of this 
section is greater than 4.0, then the owner or operator is not required 
to perform the measurements specified in paragraphs (e) through (i) of 
this section.
    (2) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (j) of this 
section is less than or equal to 4.0, then the owner or operator is 
required either to perform the measurements specified in paragraphs (e) 
through (i) of this section for control applicability assessment or 
comply with the requirements (or standards) specified in the tables 
presented in Sec. 63.1103 (as applicable).
    (3) Engineering assessment includes, but is not limited to, the 
examples specified in paragraphs (k)(3)(i) through (iv) of this section:
    (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) Maximum flow rate, TOC emission rate, organic HAP emission 
rate, organic HAP or TOC concentration, or net heating value limit 
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 those specified in paragraphs (k)(3)(iv)(A) through 
(k)(3)(iv)(D) of this section:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC or organic HAP concentrations,
    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities,
    (C) Estimation of TOC or organic HAP concentrations based on 
saturation conditions, and
    (D) 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.
    (4) All data, assumptions, and procedures used in the engineering 
assessment shall be documented. The owner or operator shall maintain the 
records specified in paragraphs (l)(1) through (4) of this section, as 
applicable.
    (l) Applicability assessment recordkeeping requirements. (1) TRE 
index value records. The owner or operator shall maintain records of 
measurements, engineering assessments, and calculations performed to 
determine the TRE index value of the process vent according to the 
procedures of paragraph (j) of this section, including those records 
associated with halogen vent stream

[[Page 1171]]

determination. Documentation of engineering assessments shall include 
all data, assumptions, and procedures used for the engineering 
assessments, as specified in paragraph (k) of this section. As specified 
in paragraph (m) of this section, the owner or operator shall include 
this information in the Notification of Compliance Status report 
required by Sec. 63.1110(a)(4) .
    (2) Flow rate records. The owner or operator shall record the flow 
rate as measured using the sampling site and flow rate determination 
procedures (if applicable) specified in paragraphs (b) and (f) of this 
section or determined through engineering assessment as specified in 
paragraph (k) of this section. As specified in paragraph (m) of this 
section, the owner or operator shall include this information in the 
Notification of Compliance Status report required by Sec. 63.1110(a)(4).
    (3) Concentration records. The owner or operator shall record the 
regulated organic HAP or TOC concentration (if applicable) as measured 
using the sampling site and regulated organic HAP or TOC concentration 
determination procedures specified in paragraphs (e)(1) and (2) of this 
section, or determined through engineering assessment as specified in 
paragraph (k) of this section. As specified in paragraph (m) of this 
section, the owner or operator shall include this information in the 
Notification of Compliance Status report required by Sec. 63.1110(a)(4).
    (4) Process change records. The owner or operator shall keep up-to-
date, readily accessible records of any process changes that change the 
control applicability for a process vent. Records are to include any 
recalculation or measurement of the flow rate, regulated organic HAP or 
TOC concentration, and TRE index value.
    (m) Applicability assessment reporting requirements. (1) 
Notification of Compliance Status. The owner or operator shall submit, 
as part of the Notification of Compliance Status report required by 
Sec. 63.1110(a)(4), the information recorded in paragraph (l)(1) through 
(3) of this section.
    (2) Process change. (i) Whenever a process vent becomes subject to 
control requirements under subpart SS of this part as a result of a 
process change, the owner or operator shall submit a report within 60 
days after the performance test or applicability assessment, whichever 
is sooner. The report may be submitted as part of the next Periodic 
Report required by Sec. 63.1110(a)(5). The report shall include the 
information specified in paragraphs (m)(2)(i)(A) through (C) of this 
section.
    (A) A description of the process change;
    (B) The results of the recalculation of the TOC or organic HAP 
concentration, flow rate, and/or TRE index value required under 
paragraphs (e), (f), and (j), and recorded under paragraph (l); and
    (C) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.1103 by the schedules specified in 
that section for the affected source.
    (ii) If a performance test is required as a result of a process 
change, the owner or operator shall specify that the performance test 
has become necessary due to a process change. This specification shall 
be made in the performance test notification to the Administrator, as 
specified in Sec. 63.999(a)(1).
    (iii) If a process change does not result in additional applicable 
requirements, then the owner or operator shall include a statement 
documenting this in the next Periodic Report required by 
Sec. 63.1110(a)(5) after the process change was made.
    (n) Parameter monitoring of certain process vents. An owner or 
operator who maintains a TRE index value (if applicable) in the 
applicable TRE index value monitoring range as specified in an 
applicable table presented in Sec. 63.1103 of this subpart without using 
a recovery device shall report a description of the parameter(s) to be 
monitored to ensure the process vent is operated in conformance with its 
design or process and achieves and maintains the TRE index value above 
the specified level, and an explanation of the criteria used to select 
parameter(s). An owner or operator who maintains a TRE index value (if 
applicable) in the applicable TRE index monitoring range as specified in 
an applicable table presented in Sec. 63.1103 of this subpart by

[[Page 1172]]

using a recovery device shall comply with the requirements of 
Sec. 63.993(c).

[64 FR 34921, June 29, 1999, as amended at 64 FR 63708, Nov. 22, 1999]



Sec. 63.1105  [Reserved]



Sec. 63.1106  Wastewater provisions.

    (a) Process wastewater. Except as specified in paragraphs (a)(1) 
through (a)(16) and paragraph (d) of this section, the owner or operator 
of each affected source shall comply with the HON process wastewater 
requirements in Secs. 63.132 through 63.148.
    (1) When terms used in Secs. 63.132 through 63.148 are defined in 
Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the 
purposes of this subpart. For terms used in Secs. 63.132 through 63.148 
that are not defined in Sec. 63.1101, the definitions in Sec. 63.101 and 
Sec. 63.111 shall apply.
    (2) When the term chemical manufacturing production process unit, or 
CMPU, is used in Secs. 63.132 through 63.148, the phrase ``a process 
unit whose primary product is a product produced by a source category 
subject to this subpart'' shall apply, for the purposes of this subpart.
    (3) Owners and operators of affected sources are not required to 
comply with Sec. 63.132(b)(1) and (d) and Sec. 63.138(c). Further, 
owners and operators are exempt from all requirements in Secs. 63.132 
through 63.148 that pertain solely and exclusively to organic HAP listed 
in Table 8 of subpart G of this part.
    (4) When the determination of equivalence criteria in Sec. 63.102(b) 
is referred to in Secs. 63.132, 63.133, and 63.137, the alternative 
nonopacity emission standard provisions in Sec. 63.6(g) shall apply, for 
the purposes of this subpart.
    (5) When the HON storage vessel requirements for internal floating 
roofs contained in Sec. 63.119(b) are referred to in 
Sec. 63.133(a)(2)(ii), the requirements in Sec. 63.1063(a)(1)(i), (2), 
and (b) shall apply, for the purposes of this subpart.
    (6) When the HON storage vessel requirements for external floating 
roofs in Sec. 63.119(c) and Sec. 63.120(b)(5) and (6) are referred to in 
Sec. 63.133(a)(2)(iii) and (d), the requirements in 
Sec. 63.1063(a)(1)(ii), (2), and (b) shall apply, for the purposes of 
this subpart.
    (7) For the purposes of this subpart, Sec. 63.1063(c)(2)(iv) shall 
apply instead of Sec. 63.133(e).
    (8) When Sec. 63.143(c), (d), (e)(3) and Sec. 63.146(a) require the 
submission of a request for approval to monitor alternative parameters 
according to the procedures specified in Sec. 63.151(f) or (g), the 
owner or operator requesting to monitor alternative parameters shall 
follow the procedures specified in Sec. 63.1108(c) or as specified in a 
referenced subpart.
    (9) When Sec. 63.147(d) requires the owner or operator to keep 
records of the daily average value of each continuously monitored 
parameter for each operating day as specified in Sec. 63.152(f), the 
owner or operator shall keep records of each continuously monitored 
parameter for each operating day as specified in Sec. 63.998(b).
    (10) When Sec. 63.132(a) and (b) refer to the ``applicable dates 
specified in Sec. 63.100 of subpart F of this part,'' the applicable 
compliance dates specified in Sec. 63.1102 shall apply, for purposes of 
this subpart.
    (11) Where Sec. 63.152(b) and/or the Notification of Compliance 
Status is referred to in Secs. 63.132 through 63.148, the Notification 
of Compliance Status requirements contained in Sec. 63.1110(a)(3) shall 
apply, for purposes of this subpart.
    (12) Where Sec. 63.152(c) and/or the Periodic Report requirements 
are referred to Secs. 63.132 through 63.148, the Periodic Report 
requirements contained in Sec. 63.1110(a)(4) shall apply, for purposes 
of this subpart.
    (13) When Method 18 of appendix A to part 60 of this chapter is 
specified in Sec. 63.139(e)(1)(ii), Sec. 63.145(d)(4), or 
Sec. 63.145(i)(2), either Method 18 or Method 25A may be used. The use 
of Method 25A of appendix A to part 60 of this chapter 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 of 
appendix A of part 60 of this chapter shall be the single organic HAP 
representing the largest percent by volume of the emissions.
    (ii) The use of Method 25A of appendix A of part 60 of this chapter 
is acceptable if the response from the high-level calibration gas is at 
least 20 times

[[Page 1173]]

the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (14) When the HON recordkeeping requirements for by-pass lines in 
Sec. 63.118(a)(3) is referred to in Sec. 63.148(f), the requirements in 
Sec. 63.998(d)(1)(ii)(A) shall apply, for the purposes of this subpart.
    (15) When the Initial Notification requirements in Sec. 63.182(b) 
are referred to in Sec. 63.148(j), the requirements in Sec. 63.1110(c) 
shall apply, for the purposes of this subpart.
    (16) For the purposes of this subpart, Sec. 63.148(k) shall not 
apply.
    (b) Maintenance wastewater. The owner or operator of each affected 
source shall comply with the HON maintenance wastewater requirements in 
Sec. 63.105. When terms used in Sec. 63.105 are defined in Sec. 63.1101, 
the definition in Sec. 63.1101 shall apply, for the purpose of this 
subpart. For terms used in Sec. 63.105 that are not defined in 
Sec. 63.1101, the definitions in Sec. 63.101 and Sec. 63.111 shall 
apply.
    (c) Liquid streams in open systems. The owner or operator shall 
comply with the provisions of Table 35 of subpart G of this part for 
each item of equipment meeting the criteria specified in paragraphs 
(c)(1) through (3) of this section and either paragraph (c)(4)(i) or 
(ii) of this section, with the exceptions provided in paragraphs (c)(5) 
and (6) of this section.
    (1) The item of equipment is one of the types of equipment 
identified in paragraphs (c)(1)(i) through (vii) of this section.
    (i) Drain or drain hub;
    (ii) Manhole (including sumps and other points of access to a 
conveyance system);
    (iii) Lift station;
    (iv) Trench;
    (v) Pipe;
    (vi) Oil/water separator; and
    (vii) Tanks with capacities of 38 m3 or greater.
    (2) The item of equipment is part of an affected source that is 
subject to this subpart.
    (3) The item of equipment is controlled less stringently than in 
Table 35 of subpart G of this part, and the item of equipment is not 
otherwise exempt from the provisions of this subpart, or a referenced 
subpart.
    (4) The item of equipment:
    (i) 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 (as defined under this subpart) at any flow 
rate; or a total annual average concentration greater than or equal to 
1,000 parts per million by weight of Table 9 compounds (as defined under 
this subpart) at an annual average flow rate greater than or equal to 10 
liters per minute.
    (ii) 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 
parts per million by weight of Table 9 compounds (as defined under this 
subpart) at an annual average flow rate greater than or equal to 10 
liters per minute. The owner or operator shall determine the 
characteristics of the stream as specified in paragraphs (c)(4)(ii)(A) 
and (B) of this section.
    (A) The characteristics of the stream being received shall be 
determined at the inlet to the tank.
    (B) The characteristics shall be determined according to the 
procedures in Sec. 63.144(b) and (c).
    (5) When terms used in Table 35 of subpart G of this part are 
defined in Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for 
the purpose of this subpart. For terms used in Table 35 of subpart G of 
this part that are not defined in Sec. 63.1101, the definitions in 
Sec. 63.101 and Sec. 63.111 shall apply.
    (6) When Table 35 of subpart G of this part refers to 40 CFR 
63.119(e)(1) or (e)(2) in the requirements for tanks, the requirements 
in Sec. 63.982(a)(1) shall apply, for purposes of this subpart.
    (d) The compliance date for the affected sources subject to the 
provisions of this section is specified in Sec. 63.1102.

[64 FR 63701, Nov. 22, 1999]



Sec. 63.1107  Equipment leaks: applicability assessment procedures and methods.

    (a) Each piece of equipment within a process unit that can 
reasonably be expected to contain equipment in organic

[[Page 1174]]

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 the percent by weight control 
applicability criteria specified in Sec. 63.1103 for an affected source 
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.
    (b) An owner or operator may use good engineering judgment rather 
than the procedures in paragraph (a) of this section to determine that 
the percent organic HAP content does not exceed the percent by weight 
control applicability criteria specified in Sec. 63.1103 for an affected 
source. 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 (a) of this section shall be used to resolve the 
disagreement.
    (c) 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 (a) 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.
    (d) Samples used in determining the percent organic HAP content 
shall be representative of the process fluid that is contained in or 
contacts the equipment.



Sec. 63.1108  Compliance with standards and operation and maintenance requirements.

    (a) Requirements. (1) Except as provided in paragraph (a)(2) of this 
section, the emission limitations and established parameter ranges of 
this part shall apply at all times except during periods of startup, 
shutdown, malfunction, or non-operation of the affected source (or 
specific portion thereof) resulting in cessation of the emissions to 
which this subpart applies. During periods of startup, shutdown, or 
malfunction, the owner or operator shall follow the applicable 
provisions of the startup, shutdown, malfunction plan required by 
Sec. 63.1111. However, if a startup, shutdown, malfunction or period of 
non-operation of one portion of an affected source 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 and 
any of the subparts that are referenced by this subpart during startup, 
shutdown, malfunction, or period of non-operation.
    (2) If equipment leak requirements are referenced by this subpart 
for a subject source category, such requirements shall apply at all 
times except during periods of startup, shutdown, or malfunction, 
process unit shutdown (as defined in Sec. 63.1101), or non-operation of 
the affected source (or specific portion thereof) in which the lines are 
drained and depressurized resulting in cessation of the emissions to 
which the equipment leak requirements apply.
    (3) For batch unit operations, shutdown does not include the normal 
periods between batch cycles; and startup does not include the 
recharging of batch unit operations, or the transitional conditions due 
to changes in product.
    (4) [Reserved]
    (5) During startups, shutdowns, and malfunctions when the emission 
standards of this subpart and the subparts referenced by this subpart do 
not apply pursuant to paragraphs (a)(1) through (4) of this section, the 
owner or operator shall implement, to the extent reasonably available, 
measures to prevent or minimize excess emissions. The measures to be 
taken shall be identified in the startup, shutdown, and malfunction plan 
(if applicable), 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 
affected source. Back-up control devices are not required, but may be 
used if available. Compliance with an inadequate startup, shutdown, and 
malfunction plan developed pursuant to

[[Page 1175]]

Sec. 63.1111 is not a shield for failing to comply with good operation 
and maintenance requirements.
    (6) Malfunctions shall be corrected as soon as practical after their 
occurrence and/or in accordance with the source's startup, shutdown, and 
malfunction plan developed as specified under Sec. 63.1111.
    (7) Operation and maintenance requirements established pursuant to 
section 112 of the Act are enforceable, independent of emissions 
limitations or other requirements in relevant standards.
    (b) Compliance assessment procedures. (1) Parameter monitoring: 
compliance with operating conditions. Compliance with the required 
operating conditions for the monitored control devices or recovery 
devices may be determined by, but is not limited to, the parameter 
monitoring data for emission points that are required to perform 
continuous monitoring. For each excursion except for excused excursions 
(as described in Sec. 63.998(b)(6)(ii)), and as provided for in 
paragraph (b)(2) of this section the owner or operator shall be deemed 
to have failed to have applied the control in a manner that achieves the 
required operating conditions.
    (2) Parameter monitoring: Excursions. An excursion is not a 
violation in cases where continuous monitoring is required and the 
excursion does not count toward the number of excused excursions (as 
described in Sec. 63.998(b)(6)(ii)), if the conditions of paragraph 
(b)(2)(i) or (ii) of this section are met. Nothing in this paragraph 
shall be construed to allow or excuse a monitoring parameter excursion 
caused by any activity that violates other applicable provisions of this 
subpart or a subpart referenced by this subpart.
    (i) During periods of startup, shutdown, or malfunction (and the 
source is operated during such periods in accordance with the source's 
startup, shutdown, and malfunction plan as required by Sec. 63.1111), or
    (ii) During periods of non-operation of the affected source or 
portion thereof (resulting in cessation of the emissions to which the 
monitoring applies).
    (3) Operation and maintenance procedures. Determination of whether 
acceptable operation and maintenance procedures are being used will be 
based on information available to the Administrator. This information 
may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures (including the startup, shutdown, 
and malfunction plan under Sec. 63.1111), review of operation and 
maintenance records, and inspection of the affected source, and 
alternatives approved as specified in Sec. 63.1113.
    (4) Applicability and compliance assessment procedures. 
Applicability and compliance with standards shall be governed by, in 
part, but not limited to, the use of data, tests, and requirements 
according to paragraphs (b)(4)(i) through (iii) of this section. 
Compliance with design, equipment, work practice, and operating 
standards, including those for equipment leaks, shall be determined 
according to paragraph (b)(5) of this section.
    (i) Applicability assessments. Unless otherwise specified in a 
relevant test method required to assess control applicability, each 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 this subpart. The arithmetic mean of the results of the 
three runs shall apply when assessing applicability. Upon receiving 
approval from the Administrator, results of a test run may be replaced 
with results of an additional test run if it meets the criteria 
specified in paragraphs (a)(4)(i)(A) through (D) of this section.
    (A) A sample is accidentally lost after the testing team leaves the 
site; or
    (B) Conditions occur in which one of the three runs must be 
discontinued because of forced shutdown; or
    (C) Extreme meteorological conditions occur;
    (D) Other circumstances occur that are beyond the owner or 
operator's control.
    (ii) Performance test. The Administrator may determine compliance 
with emission limitations of this subpart based on, but not limited to, 
the results of performance tests conducted according to the procedures 
specified in Sec. 63.997 of this part, unless otherwise

[[Page 1176]]

specified in this subpart or a subpart referenced by this subpart.
    (iii) Operation and maintenance requirements. The Administrator may 
determine compliance with the operation and maintenance standards of 
this subpart by, but not limited to, evaluation of an owner or 
operator's conformance with operation and maintenance requirements, 
including the evaluation of monitoring data, as specified in this 
subpart or a subpart referenced by this subpart.
    (5) Design, equipment, work practice, or operational standards. The 
Administrator may determine compliance with design, equipment, work 
practice, or operational requirements by, but is not limited to, review 
of records, inspection of the affected source, and by evaluation of an 
owner or operator's conformance with operation and maintenance 
requirements as specified in this subpart, and in the subparts 
referenced by this subpart.
    (c) Finding of compliance. The Administrator may make a finding 
concerning an affected source's compliance with an emission standard or 
operating and maintenance requirement as specified in, but not limited 
to, paragraphs (a) and (b) of this section, upon obtaining all of 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 to determine whether proper operation and maintenance 
practices are being used. Standards in this subpart and methods of 
determining compliance are in metric units followed by the equivalents 
in English units. The Administrator will make findings of compliance 
with the numerical standards of this subpart using metric units.
    (d) Compliance time. All terms that define a period of time for 
completion of required tasks (e.g., weekly, monthly, quarterly, 
annually), unless specified otherwise in the section or subsection that 
imposes the requirement, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified for completion of 
required tasks, time periods may be changed by mutual agreement between 
the owner or operator and the Administrator, as specified in 
Sec. 63.1110(h). 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) When 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 paragraph (d)(2) (i) or (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 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.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63709, Nov. 22, 1999]



Sec. 63.1109  Recordkeeping requirements.

    (a) Maintaining notifications, records, and reports. Except as 
provided in paragraph (b) of this section, the owner or operator of each 
affected source subject to this subpart shall keep copies of 
notifications, reports and records required by this subpart and subparts 
referenced by this subpart for at least 5 years, unless otherwise 
specified under this subpart.
    (b) Copies of reports. If the Administrator has waived the 
requirement of Sec. 63.1110(g)(1) for submittal of copies of reports, 
the owner or operator is not required to maintain copies of the

[[Page 1177]]

waived reports. This paragraph applies only to reports and not the 
underlying records that must be maintained as specified in this subpart 
and the subparts referenced by this subpart.
    (c) Availability of records. All records required to be maintained 
by this subpart or a subpart referenced by this subpart shall be 
maintained in such a manner that they can be accessed within 2 hours and 
are suitable for inspection. The most recent 2 years of records shall be 
retained onsite or shall be accessible to an inspector while onsite. The 
records of the remaining 3 years, where required, may be retained 
offsite. Records may be maintained in hard copy or computer-readable 
form including, but not limited to, on paper, microfilm, computer, 
computer disk, magnetic tape, or microfiche.
    (d) Control applicability records. Owners or operators shall 
maintain records containing information developed and used to assess 
control applicability under Sec. 63.1103 (e.g., combined total annual 
emissions of regulated organic HAP).



Sec. 63.1110  Reporting requirements.

    (a) Required reports. Each owner or operator of an affected source 
subject to this subpart shall submit the reports listed in paragraphs 
(a)(1) through (8) of this section, as applicable.
    (1) A Notification of Initial Startup described in paragraph (b) of 
this section, as applicable.
    (2) An Initial Notification described in paragraph (c) of this 
section.
    (3) [Reserved]
    (4) A Notification of Compliance Status report described in 
paragraph (d) of this section.
    (5) Periodic Reports described in paragraph (e) of this section.
    (6) Application for approval of construction or reconstruction 
described in Sec. 63.5(d) of subpart A of this part.
    (7) Startup, Shutdown, and Malfunction Reports described in 
Sec. 63.1111 of this subpart.
    (8) Other reports. Other reports shall be submitted as specified 
elsewhere in this subpart and subparts referenced by this subpart.
    (b) Notification of initial startup. (1) Contents. An owner or 
operator of an affected source for which a notice of initial startup has 
not been submitted under Sec. 63.5, shall send the Administrator written 
notification of the actual date of initial startup of an affected 
source. This paragraph does not apply to an affected source in existence 
on the effective date of this rule.
    (2) Due date. The notification of the actual date of initial startup 
shall be postmarked within 15 days after such date.
    (c) Initial Notification. Owners or operators of affected sources 
who are subject to this subpart shall notify the Administrator of the 
applicability of this subpart by submitting an Initial Notification 
according to the schedule described in paragraph (c)(1) of this section. 
The notice shall include the information specified in paragraphs (c)(2) 
through (7) of this section, as applicable. An application for approval 
of construction or reconstruction required under Sec. 63.5(d) of subpart 
A of this part may be used to fulfill the initial notification 
requirements.
    (1) The initial notification shall be postmarked within 1 year after 
the source becomes subject to this subpart.
    (2) Identification of the storage vessels subject to this subpart.
    (3) Identification of the process vents subject to this subpart.
    (4) Identification of the transfer racks subject to this subpart.
    (5) For equipment leaks, identification of the process units subject 
to this subpart.
    (6) Identification of other equipment or emission points subject to 
this subpart.
    (7) As an alternative to the requirements specified in paragraphs 
(c)(1) through (3) and (c)(5) of this section, process units can be 
identified instead of individual pieces of equipment. For this 
alternative, the kind of emission point in the process unit that will 
comply must also be identified.
    (d) Notification of Compliance Status. (1) Contents. The owner or 
operator shall submit a Notification of Compliance Status for each 
affected source subject to this subpart containing the information 
specified in paragraphs (d)(1)(i) and (d)(1)(ii) of this section.
    (i) The Notification of Compliance Status shall include the 
information

[[Page 1178]]

specified in this subpart and the subparts referenced by this subpart. 
Alternatively, this information can be submitted as part of a title V 
permit application or amendment.
    (ii) The Notification of Compliance Status shall include a statement 
from the owner or operator identifying which subpart he or she has 
elected to comply with, where given a choice, as provided for in 
Sec. 63.1100(g).
    (2) Due date. The owner or operator shall submit the Notification of 
Compliance Status for each affected source 240 days after the compliance 
date specified for the affected source under this subpart, or 60 days 
after completion of the initial performance test or initial compliance 
assessment, whichever is earlier. Notification of Compliance Status 
reports may be combined for multiple affected sources as long as the due 
date requirements for all sources covered in the combined report are 
met.
    (e) Periodic Reports. The owner or operator of an affected source 
subject to monitoring requirements of this subpart, or to other 
requirements of this subpart or subparts referenced by this subpart, 
where periodic reporting is specified, shall submit a Periodic Report.
    (1) Contents. Periodic Reports shall include all information 
specified in this subpart and subparts referenced by this subpart.
    (2) Due date. The Periodic Report shall be submitted no later than 
60 days after the end of each 6-month period. The first report shall 
cover the 6-month period after the Notification of Compliance Status 
report is due. The first report shall be submitted no later than the 
last day of the month that includes the date 8 months (6 months and 60 
days) after the Notification of Compliance Status report is due.
    (3) Overlap with title V reports. Information required by this 
subpart, which is submitted with a title V periodic report, need not 
also be included in a subsequent Periodic Report required by this 
subpart or subpart referenced by this subpart. The title V report shall 
be referenced in the Periodic Report required by this subpart.
    (f) General report content. All reports and notifications submitted 
pursuant to this subpart, including reports that combine information 
required under this subpart and a subpart referenced by this subpart, 
shall include the information specified in paragraphs (f)(1) through (4) 
of this section.
    (1) The name, address and telephone number (fax number may also be 
provided) of the owner or operator.
    (2) The name, address and telephone number of the person to whom 
inquiries should be addressed, if different than the owner or operator.
    (3) The address (physical location) of the reporting facility.
    (4) Identification of each affected source covered in the submission 
and identification of the subparts (this subpart and the subparts 
referenced in this subpart) that are applicable to that affected source. 
Summaries and groupings of this information are permitted.
    (g) Report and notification submission. (1) Submission to the 
Environmental Protection Agency. All reports and notifications required 
under this subpart shall be sent to the appropriate EPA Regional Office 
and to the delegated State authority, except that request for permission 
to use an alternative means of emission limitation as provided for in 
Sec. 63.1113 shall be submitted to the Director of the EPA Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
MD-10, Research Triangle Park, North Carolina, 27711. The EPA Regional 
Office may waive the requirement to submit a copy of any reports or 
notifications at its discretion.
    (2) Submission of copies. If any State requires a notice that 
contains all the information required in a report or notification listed 
in this subpart, an owner or operator may send the appropriate EPA 
Regional Office a copy of the report or notification sent to the State 
to satisfy the requirements of this subpart for that report or 
notification.
    (3) Method of submission. Wherever this subpart 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.
    (4) Submission by electronic media. If acceptable to both the 
Administrator

[[Page 1179]]

and the owner or operator of an affected source, reports may be 
submitted on electronic media.
    (h) Adjustment to timing of submittals and review of required 
communications. (1) Alignment with title V submission. An owner or 
operator may submit Periodic Reports required by this subpart on the 
same schedule as the title V periodic report for the facility. The owner 
or operator using this option need not obtain prior approval, but must 
ensure that no reporting gaps occur. The owner or operator shall clearly 
identify the change in reporting schedule in the first report filed 
under this paragraph. The requirements of paragraph (f) of this section 
are not waived when implementing this change.
    (2) Establishment of a common schedule. An owner or operator may 
arrange by mutual agreement (which may be a standing agreement) with the 
Administrator a common schedule on which periodic reports required by 
this subpart shall be submitted throughout the year as long as the 
reporting period is not extended. Procedures governing the 
implementation of this provision are specified in paragraphs (h)(3) 
through (7) of this section.
    (3) Submission requirements. Except as allowed by paragraph (h)(1) 
of this section, until an adjustment of a time period or postmark 
deadline has been approved by the Administrator under paragraphs (h)(5) 
and (6) of this section, the owner or operator of an affected source 
remains strictly subject to the required submittal deadlines specified 
in this subpart and subparts referenced by this subpart.
    (4) Request for adjustment of reporting schedule. Except as allowed 
by paragraph (h)(1) of this section, an owner or operator shall request 
the adjustment provided for in paragraphs (h)(5) and (6) of this section 
each time he or she wishes to change an applicable time period or 
postmark deadline specified in this subpart or subparts referenced by 
this subpart. A request for a change to the periodic reporting schedule 
need only be made once for every schedule change and not once for every 
semiannual report submitted.
    (5) Alteration of time periods or deadlines. Notwithstanding time 
periods or postmark deadlines specified in this subpart 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 practical 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.
    (6) Approval of request for adjustment. 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.
    (7) Notification of delay. 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.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63709, Nov. 22, 1999]



Sec. 63.1111  Startup, shutdown, and malfunction.

    (a) Startup, shutdown, and malfunction plan. (1) Description and 
purpose of plan. 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 
affected source during periods of startup, shutdown, and malfunction. 
This plan shall also include a program of corrective action for 
malfunctioning process and air pollution control equipment used to 
comply with relevant standards under this subpart. The plan shall also 
address routine or otherwise predictable CPMS malfunctions. This plan 
shall be developed by the owner or

[[Page 1180]]

operator by the affected source's compliance date under this subpart. 
The requirement to develop and implement this plan shall be incorporated 
into the source's title V permit. This requirement is optional for 
equipment that must comply with subparts TT or UU under this subpart. It 
is not optional for equipment equipped with a closed vent system and 
control device subject to this subpart and subpart SS of this part. The 
purpose of the startup, shutdown, and malfunction plan is described in 
paragraphs (a)(1)(i) and (ii) of this section.
    (i) To ensure that owners or operators are prepared to correct 
malfunctions as soon as practical after their occurrence, in order to 
minimize excess emissions of regulated organic HAP; and
    (ii) To 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).
    (2) Operation of source. During periods of startup, shutdown, and 
malfunction, the owner or operator of an affected source subject to this 
subpart shall operate and maintain such affected source (including 
associated air pollution control equipment and CPMS) in accordance with 
the procedures specified in the startup, shutdown, and malfunction plan 
developed under paragraph (a)(1) of this section.
    (3) Use of additional procedures. To satisfy the requirements of 
this section to develop a startup, shutdown, and malfunction plan, the 
owner or operator of an affected source 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.
    (4) Revisions to the plan. Based on the results of a determination 
made under Sec. 63.1108(b)(3), 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 is inadequate as specified 
in paragraphs (a)(4)(i) through (iv) of this section:
    (i) Does not address a startup, shutdown, and malfunction event of 
the CPMS, the air pollution control equipment, or the affected source 
that has occurred; or
    (ii) Fails to provide for the operation of the affected source 
(including associated air pollution control equipment and CPMS) during a 
startup, shutdown, and malfunction event in a manner consistent with 
good air pollution control practices for minimizing emissions to the 
extent practical; or
    (iii) Does not provide adequate procedures for correcting 
malfunctioning process and air pollution control equipment as quickly as 
practicable; or
    (iv) Does not provide adequate measures to prevent or minimize 
excess emissions to the extent practical as specified in 
Sec. 63.1108(a)(5).
    (5) Additional malfunction plan requirements. 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 affected source during similar malfunction events and a 
program of corrective action for similar malfunctions of process or air 
pollution control equipment or CPMS.
    (b) Startup, shutdown, and malfunction reporting requirements. (1) 
Periodic startup, shutdown, and malfunction reporting requirements. If 
actions taken by an owner or operator during a startup, shutdown, and 
malfunction of an affected source, or of a control device or monitoring 
system required for compliance (including actions taken to correct a 
malfunction) are consistent with the procedures specified in the 
affected source's plan, then the owner or operator shall state such 
information in a

[[Page 1181]]

startup, shutdown, and malfunction report. During the reporting period, 
reports shall only be required for startups, shutdowns, and malfunctions 
during which excess emissions, as defined in Sec. 63.1108(a)(5), occur 
during the reporting period. A startup, shutdown, and malfunction report 
can be submitted as part of a Periodic Report required under 
Sec. 63.1110(a)(5), or on a more frequent basis if specified otherwise 
under this subpart or a subpart referenced by this subpart or as 
established otherwise by the permitting authority in the affected 
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), 
unless the information is submitted with the Periodic Report. The report 
shall include the information specified in paragraphs (b)(1)(i) through 
(b)(1)(iv) of this section.
    (i) The name, title, and signature of the owner or operator or other 
responsible official certifying its accuracy.
    (ii) The number of startup, shutdown, and malfunction events and the 
total duration of all periods of startup, shutdown, and malfunction for 
the reporting period if the total duration amounts to either of the 
durations in paragraphs (b)(1)(ii)(A) or (B) of this section. Records of 
the number of CPMS startup, shutdown, and malfunction events and the 
total duration of all periods of startup, shutdown, and malfunction for 
the reporting period are required under Sec. 63.998(c)(1)(ii)(C) and (D) 
of this section.
    (A) Total duration of periods of malfunctioning of a CPMS equal to 
or greater than 5 percent of that CPMS operating time for the reporting 
period; or
    (B) Total duration of periods of startup, shutdown, and malfunction 
for an affected source equal to or greater than 1 percent of that 
affected source's operating time for the reporting period.
    (iii) Records documenting each startup, shutdown and malfunction 
event as required under Sec. 63.998(c)(1)(ii)(F).
    (iv) Records documenting the total duration of operating time as 
required under Sec. 63.998(c)(1)(ii)(H).
    (2) Immediate startup, shutdown, and malfunction reports. 
Notwithstanding the allowance to reduce the frequency of reporting for 
startup, shutdown, and malfunction reports under paragraph (b)(1) 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) during which excess emissions occur is not consistent with 
the procedures specified in the affected source's 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 delivered or postmarked within 7 working days after the end of 
the event. The immediate report required under this paragraph shall 
contain 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. 63.1110(h).
    (3) [Reserved]



Sec. 63.1112  Extension of compliance, and performance test, monitoring, recordkeeping and reporting waivers and alternatives.

    (a) Extension of compliance. (1) Extension of compliance with 
emission standards. Until an extension of compliance has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source subject to the requirements of this subpart shall comply 
with all applicable requirements of this subpart.
    (2) Extension of compliance for early reductions and other 
reductions. (i) Early reductions. Pursuant to section 112(i)(5)

[[Page 1182]]

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 will grant the owner or operator an extension of 
compliance with specific requirements of this part, as specified in 
subpart D of this part.
    (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 (a)(4) through 
(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 (a)(2)(i) of this section will be handled 
through procedures specified in subpart D of this part).
    (4) Requests for extensions of compliance for section 112 standards. 
(i) Section 112(d) standards. (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 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. 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 Sec. 63.1102) 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 Sec. 63.1102) 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) Section 112(f) standards. 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 days after the effective date of the relevant standard.
    (5) Requests for extensions of compliance for BACT or LAER. The 
owner or operator of an existing source who has installed BACT or 
technology required to meet LAER (as specified in paragraph (a)(2)(ii) 
of this section) prior to

[[Page 1183]]

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) Contents of request. (i) The request for a compliance extension 
under paragraph (a)(4) of this section shall include the following 
information:
    (A) A description of the controls to be installed to comply with the 
standard;
    (B) A compliance schedule, including the date by which each step 
toward compliance will be reached. At a minimum, the list of dates shall 
include:
    (1) The date by which contracts for emission control systems or 
process changes for emission control will be awarded, or the date by 
which orders will be issued for the purchase of component parts to 
accomplish emission control or process changes;
    (2) The date by which on-site construction, installation of emission 
control equipment, or a process change is to be initiated;
    (3) The date by which on-site construction, installation of emission 
control equipment, or a process change is to be completed; and
    (4) The date by which final compliance is to be achieved.
    (C) A description of interim emission control steps, that will be 
taken during the extension period, including milestones to assure proper 
operation and maintenance of emission control and process equipment; and
    (D) Whether the owner or operator is also requesting an extension of 
other applicable requirements (e.g., performance testing requirements).
    (ii) The request for a compliance extension under paragraph (a)(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) Additional advice. Advice on requesting an extension of 
compliance may be obtained from the Administrator.
    (8) Approval of request for extension of compliance. Paragraphs 
(a)(9) through (14) of this section concern approval of an extension of 
compliance requested under paragraphs (a)(4) through (6) of this 
section.
    (9) General. Based on the information provided in any request made 
under paragraphs (a)(4) through (6) of this section, or other 
information, the Administrator may grant an extension of compliance with 
an emission standard, as specified in paragraphs (a)(4) and (5) of this 
section.
    (10) Contents of extension. 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 (a)(4) of this section, specify any 
additional conditions that the Administrator deems necessary to assure 
installation of the necessary controls and protection of the health of 
persons during the extension period; or
    (B) Under paragraph (a)(5)of this section, 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) Progress reports. The owner or operator of an existing source 
that has been granted an extension of compliance under paragraph (a)(10) 
of this section may be required to submit to

[[Page 1184]]

the Administrator 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 (a)(9) of this section.
    (12) Notifications to owners and operators regarding compliance 
extensions for section 112(d) standards. (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 days 
after receipt of sufficient information to evaluate a request submitted 
under paragraph (a)(4)(i) or (a)(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 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 days after 
receipt of the original application and within 30 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 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 days after he/she is notified of the intended denial, 
additional information or arguments to the Administrator 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 days after presentation of additional information or argument 
(if the application is complete), or within 30 days after the final date 
specified for the presentation if no presentation is made.
    (13) Notifications to owners and operators regarding compliance 
extensions for section 112(f) standards. (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 days 
after receipt of sufficient information to evaluate a request submitted 
under paragraph (a)(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 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 days after receipt of the 
original application and within 15 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 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 days after he/she is notified of the intended denial, 
additional

[[Page 1185]]

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 days 
after presentation of additional information or argument (if the 
application is complete), or within 30 days after the final date 
specified for the presentation if no presentation is made.
    (14) Termination of extension. The Administrator may terminate an 
extension of compliance at an earlier date than specified if any 
specification under paragraphs (a)(10)(iii) or (iv) of this section is 
not met.
    (15) [Reserved]
    (16) Administrator's authority. The granting of an extension under 
this section shall not abrogate the Administrator's authority under 
section 114 of the Act.
    (b) Waiver of performance tests. (1) Applicability of this section. 
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) General. 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 paragraph (a) of this section, 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 a site-specific test plan is not submitted.
    (ii) If an application for a waiver of a subsequent performance test 
is made, the application may accompany any required compliance progress 
report, compliance status report, or excess emissions and continuous 
monitoring system performance report, but it shall be submitted at least 
60 days before the performance test if a site-specific test plan 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 (b)(3) of this section when he/she--
    (i) Approves or denies an extension of compliance under paragraph 
(a) of this section; or
    (ii) Approves or disapproves a site-specific test plan; 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) Administrator's authority. 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.
    (c) 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.

[[Page 1186]]

    (2) Alternatives to monitoring methods. After receipt and 
consideration of written application, the Administrator may approve 
alternatives to any monitoring methods or procedures of this part 
including, but not limited to, the following:
    (i) Alternative monitoring requirements when installation of a CMS 
specified by a relevant standard would not provide accurate measurements 
due to liquid water or other interferences caused by substances within 
the effluent gases;
    (ii) Alternative monitoring requirements when the affected source is 
infrequently operated;
    (iii) Alternative monitoring requirements to accommodate CEMS that 
require additional measurements to correct for stack moisture 
conditions;
    (iv) Alternative locations for installing CMS when the owner or 
operator can demonstrate that installation at alternate locations will 
enable accurate and representative measurements;
    (v) Alternate methods for converting pollutant concentration 
measurements to units of the relevant standard;
    (vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases 
or test cells;
    (vii) Alternatives to the American Society for Testing and Materials 
(ASTM) test methods or sampling procedures specified by any relevant 
standard;
    (viii) Alternative CMS that do not meet the design or performance 
requirements in this part, but adequately demonstrate a definite and 
consistent relationship between their measurements and the measurements 
of opacity by a system complying with the requirements as specified in 
the relevant standard. The Administrator may require that such 
demonstration be performed for each affected source; or
    (ix) Alternative monitoring requirements when the effluent from a 
single affected source or the combined effluent from two or more 
affected sources is released to the atmosphere through more than one 
point.
    (3) Conflicts between alternative and required methods. 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 (c)(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, 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. 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 (c)(4)(i) of this section 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 days after receipt of the original request 
and within 30 days after receipt of any supplementary information that

[[Page 1187]]

is submitted. Before disapproving any request to use an alternative 
monitoring method, the Administrator will notify the applicant of the 
Administrator's intention to disapprove the request together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present 
additional information to the Administrator before final action on the 
request. At the time the Administrator notifies the applicant of his or 
her intention to disapprove the request, the Administrator will specify 
how much time the owner or operator will have after being notified of 
the intended disapproval to submit the additional information.
    (ii) The Administrator may establish general procedures and criteria 
in a relevant standard to accomplish the requirements of paragraph 
(c)(5)(i) of this section.
    (iii) If the Administrator approves the use of an alternative 
monitoring method for an affected source under paragraph (c)(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 this 
subpart or a subpart referenced by this subpart.
    (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 (c)(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 
specified in this subpart or subpart referenced by this subpart 
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

[[Page 1188]]

averaging period, as specified in the relevant standard. The owner or 
operator of the affected source shall maintain records and determine the 
level of emissions relative to the criterion for permission to use an 
alternative for relative accuracy testing. If this criterion is 
exceeded, the owner or operator shall notify the Administrator within 10 
days of such occurrence and include a description of the nature and 
cause of the increased emissions. The Administrator will review the 
notification and may rescind permission to use an alternative and 
require the owner or operator to conduct a relative accuracy test of the 
CEMS as specified in section 7 of Performance Specification 2.
    (d) 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 recordkeeping and reporting 
requirements of this subpart and any subparts referenced by this 
subpart.
    (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 paragraph (a) of this section, any required compliance 
progress report or compliance status report required under this part or 
in the source's title V permit, or an excess emissions and continuous 
monitoring system performance report required under Sec. 63.999(c) or 
another subpart referenced by this subpart, 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 under paragraph 
(a) of this section; or
    (ii) Makes a determination of compliance following the submission of 
a required Notification of 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. 63.1113  Procedures for approval of alternative means of emission limitation.

    (a) Alternative means of emission limitation. An owner or operator 
of an affected source may request a determination of alternative means 
of emission limitation to the requirements of design, equipment, work 
practice, or operational standards of this subpart or of a subpart 
referenced by this subpart. If, in the judgment of the Administrator, an 
alternative means of emission limitation will achieve a reduction in HAP 
emissions at least equivalent to the reduction in emissions from that 
source achieved under any design, equipment, work practice, or 
operational standards (but not performance standards) in this subpart, 
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.

[[Page 1189]]

    (2) Any such notice shall be published only after public notice and 
an opportunity for a hearing.
    (b) Content of submittal. (1) In order to obtain approval, 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. An owner or operator of an affected 
source seeking permission to use an alternative means of compliance who 
has not previously performed testing shall also submit a proposed test 
plan. If the owner or operator seeks permission to use an alternative 
means of compliance based on previously performed testing, they shall 
submit the results of testing, a description of the procedures followed 
in testing or monitoring, and a description of pertinent conditions 
during testing or monitoring.
    (2) The owner or operator who requests an alternative means of 
emissions limitation shall submit a description of the proposed testing, 
monitoring, recordkeeping, and reporting that will be used and the 
proposed basis for demonstrating compliance.
    (3) For storage vessels, the owner or operator shall include the 
results of actual emissions tests using full-size or scale-model storage 
vessels that accurately collect and measure all regulated HAP emissions 
using a given control technique, and that accurately simulate wind and 
account for other emission variables such as temperature and barometric 
pressure, or an engineering analysis that the Administrator determines 
to be an accurate method of determining equivalence.
    (4) For proposed alternatives to equipment leak requirements 
referenced by this subpart, the owner or operator shall also submit the 
information specified in and meet the requirements for alternate means 
of emission limitation specified in the referenced subparts.

Subparts ZZ-BBB  [Reserved]



 Subpart CCC--National Emission Standards for Hazardous Air Pollutants 
    for Steel Pickling--HCl Process Facilities and Hydrochloric Acid 
                           Regeneration Plants

    Source: 64 FR 33218, June 22, 1999, unless otherwise noted.



Sec. 63.1155  Applicability.

    (a) The provisions of this subpart apply to the following facilities 
and plants that are major sources for hazardous air pollutants (HAP) or 
are parts of facilities that are major sources for HAP:
    (1) All new and existing steel pickling facilities that pickle 
carbon steel using hydrochloric acid solution that contains 6 percent or 
more by weight HCl and is at a temperature of 100  deg.F or higher; and
    (2) All new and existing hydrochloric acid regeneration plants.
    (3) The provisions of this subpart do not apply to facilities that 
pickle carbon steel without using hydrochloric acid, to facilities that 
pickle only specialty steel, or to acid regeneration plants that 
regenerate only acids other than hydrochloric acid.
    (b) For the purposes of implementing this subpart, the affected 
sources at a facility or plant subject to this subpart are as follows: 
Continuous and batch pickling lines, hydrochloric acid regeneration 
plants, and hydrochloric acid storage vessels.
    (c) Table 1 to this subpart specifies the provisions of this part 
63, subpart A that apply and those that do not apply to owners and 
operators of steel pickling facilities and hydrochloric acid 
regeneration plants subject to this subpart.



Sec. 63.1156  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in 
subpart A of this part, or in this section as follows:
    Batch pickling line means the collection of equipment and tanks 
configured

[[Page 1190]]

for pickling metal in any form but usually in discrete shapes where the 
material is lowered in batches into a bath of acid solution, allowed to 
remain until the scale is dissolved, then removed from the solution, 
drained, and rinsed by spraying or immersion in one or more rinse tanks 
to remove residual acid.
    Carbon steel means steel that contains approximately 2 percent or 
less carbon, 1.65 percent or less manganese, 0.6 percent or less 
silicon, and 0.6 percent or less copper.
    Closed-vent system means a system that is not open to the atmosphere 
and that is composed of piping, ductwork, connections, and, if 
necessary, flow-inducing devices that transport emissions from a process 
unit or piece of equipment (e.g., pumps, pressure relief devices, 
sampling connections, open-ended valves or lines, connectors, and 
instrumentation systems) back into a closed system or into any device 
that is capable of reducing or collecting emissions.
    Continuous pickling line means the collection of equipment and tanks 
configured for pickling metal strip, rod, wire, tube, or pipe that is 
passed through an acid solution in a continuous or nearly continuous 
manner and rinsed in another tank or series of tanks to remove residual 
acid. This definition includes continuous spray towers.
    Hydrochloric acid regeneration plant means the collection of 
equipment and processes configured to reconstitute fresh hydrochloric 
acid pickling solution from spent pickle liquor using a thermal 
treatment process.
    Hydrochloric acid regeneration plant production mode means operation 
under conditions that result in production of usable regenerated acid or 
iron oxide.
    Hydrochloric acid storage vessel means a stationary vessel used for 
the bulk containment of virgin or regenerated hydrochloric acid.
    Responsible maintenance official means a person designated by the 
owner or operator as having the knowledge and the authority to sign 
records and reports required under this rule.
    Specialty steel means a category of steel that includes silicon 
electrical, alloy, tool, and stainless steels.
    Spray tower means an enclosed vertical tower in which acid pickling 
solution is sprayed onto moving steel strip in multiple vertical passes.
    Steel pickling means the chemical removal of iron oxide mill scale 
that is formed on steel surfaces during hot rolling or hot forming of 
semi-finished steel products through contact with an aqueous solution of 
acid where such contact occurs prior to shaping or coating of the 
finished steel product. This definition does not include removal of 
light rust or scale from finished steel products or activation of the 
metal surface prior to plating or coating.
    Steel pickling facility means any facility that operates one or more 
batch or continuous steel pickling lines.



Sec. 63.1157  Emission standards for existing sources.

    (a) Pickling lines. No owner or operator of an existing affected 
continuous or batch pickling line at a steel pickling facility shall 
cause or allow to be discharged into the atmosphere from the affected 
pickling line:
    (1) Any gases that contain HCl in a concentration in excess of 18 
parts per million by volume (ppmv); or
    (2) HCl at a mass emission rate that corresponds to a collection 
efficiency of less than 97 percent.
    (b) Hydrochloric acid regeneration plants. (1) No owner or operator 
of an existing affected plant shall cause or allow to be discharged into 
the atmosphere from the affected plant any gases that contain HCl in a 
concentration greater than 25 ppmv.
    (2) In addition to the requirement of paragraph (b)(1) of this 
section, no owner or operator of an existing affected plant shall cause 
or allow to be discharged into the atmosphere from the affected plant 
any gases that contain chlorine (Cl2) in a concentration in 
excess of either 6 ppmv or an alternative source-specific maximum 
concentration. The source-specific maximum concentration standard shall 
be established according to Sec. 63.1161(c)(2) of this subpart.

[[Page 1191]]



Sec. 63.1158  Emission standards for new or reconstructed sources.

    (a) Pickling lines--(1) Continuous pickling lines. No owner or 
operator of a new or reconstructed affected continuous pickling line at 
a steel pickling facility shall cause or allow to be discharged into the 
atmosphere from the affected pickling line:
    (i) Any gases that contain HCl in a concentration in excess of 6 
ppmv; or
    (ii) HCl at a mass emission rate that corresponds to a collection 
efficiency of less than 99 percent.
    (2) Batch pickling lines. No owner or operator of a new or 
reconstructed affected batch pickling line at a steel pickling facility 
shall cause or allow to be discharged into the atmosphere from the 
affected pickling line:
    (i) Any gases that contain HCl in a concentration in excess of 18 
ppmv; or
    (ii) HCl at a mass emission rate that corresponds to a collection 
efficiency of less than 97 percent.
    (b) Hydrochloric acid regeneration plants. (1) No owner or operator 
of a new or reconstructed affected plant shall cause or allow to be 
discharged into the atmosphere from the affected plant any gases that 
contain HCl in a concentration greater than 12 ppmv.
    (2) In addition to the requirement of paragraph (b)(1) of this 
section, no owner or operator of a new or reconstructed affected plant 
shall cause or allow to be discharged into the atmosphere from the 
affected plant any gases that contain Cl2 in a concentration 
in excess of 6 ppmv.



Sec. 63.1159  Operational and equipment standards for existing, new, or reconstructed sources.

    (a) Hydrochloric acid regeneration plant. The owner or operator of 
an affected plant must operate the affected plant at all times while in 
production mode in a manner that minimizes the proportion of excess air 
fed to the process and maximizes the process offgas temperature 
consistent with producing usable regenerated acid or iron oxide.
    (b) Hydrochloric acid storage vessels. The owner or operator of an 
affected vessel shall provide and operate, except during loading and 
unloading of acid, a closed-vent system for each vessel. Loading and 
unloading shall be conducted either through enclosed lines or each point 
where the acid is exposed to the atmosphere shall be equipped with a 
local fume capture system, ventilated through an air pollution control 
device.



Sec. 63.1160  Compliance dates and maintenance requirements.

    (a) Compliance dates. (1) The owner or operator of an affected 
existing steel pickling facility and/or hydrochloric acid regeneration 
plant subject to this subpart shall achieve initial compliance with the 
requirements of this subpart no later than June 22, 2001.
    (2) The owner or operator of a new or reconstructed steel pickling 
facility and/or hydrochloric acid regeneration plant subject to this 
subpart that commences construction or reconstruction after September 
18, 1997, shall achieve compliance with the requirements of this subpart 
immediately upon startup of operations or by June 22, 1999, whichever is 
later.
    (b) Maintenance requirements. (1) The owner or operator of an 
affected source shall comply with the operation and maintenance 
requirements prescribed under Sec. 63.6(e) of subpart A of this part.
    (2) In addition to the requirements specified in paragraph (b)(1) of 
this section, the owner or operator shall prepare an operation and 
maintenance plan for each emission control device to be implemented no 
later than the compliance date. The plan shall be incorporated by 
reference into the source's title V permit. All such plans must be 
consistent with good maintenance practices and, for a scrubber emission 
control device, must at a minimum:
    (i) Require monitoring and recording the pressure drop across the 
scrubber once per shift while the scrubber is operating in order to 
identify changes that may indicate a need for maintenance;
    (ii) Require the manufacturer's recommended maintenance at the 
recommended intervals on fresh solvent pumps, recirculating pumps, 
discharge pumps, and other liquid pumps, in addition to exhaust system 
and scrubber fans and motors associated with those pumps and fans;

[[Page 1192]]

    (iii) Require cleaning of the scrubber internals and mist 
eliminators at intervals sufficient to prevent buildup of solids or 
other fouling;
    (iv) Require an inspection of each scrubber at intervals of no less 
than 3 months with:
    (A) Cleaning or replacement of any plugged spray nozzles or other 
liquid delivery devices;
    (B) Repair or replacement of missing, misaligned, or damaged 
baffles, trays, or other internal components;
    (C) Repair or replacement of droplet eliminator elements as needed;
    (D) Repair or replacement of heat exchanger elements used to control 
the temperature of fluids entering or leaving the scrubber; and
    (E) Adjustment of damper settings for consistency with the required 
air flow.
    (v) If the scrubber is not equipped with a viewport or access hatch 
allowing visual inspection, alternate means of inspection approved by 
the Administrator may be used.
    (vi) The owner or operator shall initiate procedures for corrective 
action within 1 working day of detection of an operating problem and 
complete all corrective actions as soon as practicable. Procedures to be 
initiated are the applicable actions that are specified in the 
maintenance plan. Failure to initiate or provide appropriate repair, 
replacement, or other corrective action is a violation of the 
maintenance requirement of this subpart.
    (vii) The owner or operator shall maintain a record of each 
inspection, including each item identified in paragraph (b)(2)(iv) of 
this section, that is signed by the responsible maintenance official and 
that shows the date of each inspection, the problem identified, a 
description of the repair, replacement, or other corrective action 
taken, and the date of the repair, replacement, or other corrective 
action taken.
    (3) The owner or operator of each hydrochloric acid regeneration 
plant shall develop and implement a written maintenance program. The 
program shall require:
    (i) Performance of the manufacturer's recommended maintenance at the 
recommended intervals on all required systems and components;
    (ii) Initiation of procedures for appropriate and timely repair, 
replacement, or other corrective action within 1 working day of 
detection; and
    (iii) Maintenance of a daily record, signed by a responsible 
maintenance official, showing the date of each inspection for each 
requirement, the problems found, a description of the repair, 
replacement, or other action taken, and the date of repair or 
replacement.



Sec. 63.1161  Performance testing and test methods.

    (a) Demonstration of compliance. The owner or operator shall conduct 
an initial performance test for each process or emission control device 
to determine and demonstrate compliance with the applicable emission 
limitation according to the requirements in Sec. 63.7 of subpart A of 
this part and in this section.
    (1) Following approval of the site-specific test plan, the owner or 
operator shall conduct a performance test for each process or control 
device to either measure simultaneously the mass flows of HCl at the 
inlet and the outlet of the control device (to determine compliance with 
the applicable collection efficiency standard) or measure the 
concentration of HCl (and Cl2 for hydrochloric acid 
regeneration plants) in gases exiting the process or the emission 
control device (to determine compliance with the applicable emission 
concentration standard).
    (2) Compliance with the applicable concentration standard or 
collection efficiency standard shall be determined by the average of 
three consecutive runs or by the average of any three of four 
consecutive runs. Each run shall be conducted under conditions 
representative of normal process operations.
    (3) Compliance is achieved if either the average collection 
efficiency as determined by the HCl mass flows at the control device 
inlet and outlet is greater than or equal to the applicable collection 
efficiency standard, or the average measured concentration of HCl or 
Cl2 exiting the process or the emission control device is 
less than or equal to the applicable emission concentration standard.

[[Page 1193]]

    (b) Establishment of scrubber operating parameters. During the 
performance test for each emission control device, the owner or operator 
using a wet scrubber to achieve compliance shall establish site-specific 
operating parameter values for the minimum scrubber makeup water flow 
rate and, for scrubbers that operate with recirculation, the minimum 
recirculation water flow rate. During the emission test, each operating 
parameter must be monitored continuously and recorded with sufficient 
frequency to establish a representative average value for that 
parameter, but no less frequently than once every 15 minutes. The owner 
or operator shall determine the operating parameter monitoring values as 
the averages of the values recorded during any of the runs for which 
results are used to establish the emission concentration or collection 
efficiency per paragraph (a)(2) of this section. An owner or operator 
may conduct multiple performance tests to establish alternative 
compliant operating parameter values. Also, an owner or operator may 
reestablish compliant operating parameter values as part of any 
performance test that is conducted subsequent to the initial test or 
tests.
    (c) Establishment of hydrochloric acid regeneration plant operating 
parameters. (1) During the performance test for hydrochloric acid 
regeneration plants, the owner or operator shall establish site-specific 
operating parameter values for the minimum process offgas temperature 
and the maximum proportion of excess air fed to the process as described 
in Sec. 63.1162(b)(1) of this subpart. During the emission test, each 
operating parameter must be monitored and recorded with sufficient 
frequency to establish a representative average value for that 
parameter, but no less frequently than once every 15 minutes for 
parameters that are monitored continuously. Amount of iron in the spent 
pickle liquor shall be determined for each run by sampling the liquor 
every 15 minutes and analyzing a composite of the samples. The owner or 
operator shall determine the compliant monitoring values as the averages 
of the values recorded during any of the runs for which results are used 
to establish the emission concentration per paragraph (a)(2) of this 
section. An owner or operator may conduct multiple performance tests to 
establish alternative compliant operating parameter values. Also, an 
owner or operator may reestablish compliant operating parameter values 
as part of any performance test that is conducted subsequent to the 
initial test or tests.
    (2) During this performance test, the owner or operator of an 
existing affected plant may establish an alternative concentration 
standard if the owner or operator can demonstrate to the Administrator's 
satisfaction that the plant cannot meet a concentration limitation for 
Cl2 of 6 ppmv when operated within its design parameters. The 
alternative concentration standard shall be established through 
performance testing while the plant is operated at maximum design 
temperature and with the minimum proportion of excess air that allows 
production of iron oxide of acceptable quality while measuring the 
Cl2 concentration in the process exhaust gas. The measured 
concentration shall be the concentration standard for that plant.
    (d) Test methods. (1) The following test methods in appendix A of 40 
CFR part 60 shall be used to determine compliance under Sec. 63.1157(a), 
Sec. 63.1157(b), Sec. 63.1158(a), and Sec. 63.1158(b) of this subpart:
    (i) Method 1, to determine the number and location of sampling 
points, with the exception that no traverse point shall be within one 
inch of the stack or duct wall;
    (ii) Method 2, to determine gas velocity and volumetric flow rate;
    (iii) Method 3, to determine the molecular weight of the stack gas;
    (iv) Method 4, to determine the moisture content of the stack gas; 
and
    (v) Method 26A, ``Determination of Hydrogen Halide and Halogen 
Emissions from Stationary Sources--Isokinetic Method,'' to determine the 
HCl mass flows at the inlet and outlet of a control device or the 
concentration of HCl discharged to the atmosphere, and also to determine 
the concentration of Cl2 discharged to the atmosphere from 
acid regeneration plants. If compliance with a collection

[[Page 1194]]

efficiency standard is being demonstrated, inlet and outlet measurements 
shall be performed simultaneously. The minimum sampling time for each 
run shall be 60 minutes and the minimum sample volume 0.85 dry standard 
cubic meters (30 dry standard cubic feet). The concentrations of HCl and 
Cl2 shall be calculated for each run as follows:

CHCl(ppmv) = 0.659 CHCl(mg/dscm),
and CC12(ppmv) = 0.339 CC12(mg/dscm),

where C(ppmv) is concentration in ppmv and C(mg/dscm) is concentration 
in milligrams per dry standard cubic meter as calculated by the 
procedure given in Method 26A.

    (2) The owner or operator may use equivalent alternative measurement 
methods approved by the Administrator.



Sec. 63.1162  Monitoring requirements.

    (a) The owner or operator of a new, reconstructed, or existing steel 
pickling facility or acid regeneration plant subject to this subpart 
shall:
    (1) Conduct performance tests to measure the HCl mass flows at the 
control device inlet and outlet or the concentration of HCl exiting the 
control device according to the procedures described in Sec. 63.1161 of 
this subpart. Performance tests shall be conducted either annually or 
according to an alternative schedule that is approved by the applicable 
permitting authority, but no less frequently than every 2\1/2\ years or 
twice per title V permit term. If any performance test shows that the 
HCl emission limitation is being exceeded, then the owner or operator is 
in violation of the emission limit.
    (2) In addition to conducting performance tests, if a wet scrubber 
is used as the emission control device, install, operate, and maintain 
systems for the measurement and recording of the scrubber makeup water 
flow rate and, if required, recirculation water flow rate. These flow 
rates must be monitored continuously and recorded at least once per 
shift while the scrubber is operating. Operation of the wet scrubber 
with excursions of scrubber makeup water flow rate and recirculation 
water flow rate less than the minimum values established during the 
performance test or tests will require initiation of corrective action 
as specified by the maintenance requirements in Sec. 63.1160(b)(2) of 
this subpart.
    (3) If an emission control device other than a wet scrubber is used, 
install, operate, and maintain systems for the measurement and recording 
of the appropriate operating parameters.
    (4) Failure to record each of the operating parameters listed in 
paragraph (a)(2) of this section is a violation of the monitoring 
requirements of this subpart.
    (5) Each monitoring device shall be certified by the manufacturer to 
be accurate to within 5 percent and shall be calibrated in accordance 
with the manufacturer's instructions but not less frequently than once 
per year.
    (6) The owner or operator may develop and implement alternative 
monitoring requirements subject to approval by the Administrator.
    (b) The owner or operator of a new, reconstructed, or existing acid 
regeneration plant subject to this subpart shall also install, operate, 
and maintain systems for the measurement and recording of the:
    (1) Process offgas temperature, which shall be monitored 
continuously and recorded at least once every shift while the facility 
is operating in production mode; and
    (2) Parameters from which proportion of excess air is determined. 
Proportion of excess air shall be determined by a combination of total 
air flow rate, fuel flow rate, spent pickle liquor addition rate, and 
amount of iron in the spent pickle liquor, or by any other combination 
of parameters approved by the Administrator in accordance with 
Sec. 63.8(f) of subpart A of this part. Proportion of excess air shall 
be determined and recorded at least once every shift while the plant is 
operating in production mode.
    (3) Each monitoring device must be certified by the manufacturer to 
be accurate to within 5 percent and must be calibrated in accordance 
with the manufacturer's instructions but not less frequently than once 
per year.
    (4) Operation of the plant with the process offgas temperature lower 
than the value established during performance testing or with the 
proportion of

[[Page 1195]]

excess air greater than the value established during performance testing 
is a violation of the operational standard specified in Sec. 63.1159(a) 
of this subpart.
    (c) The owner or operator of an affected hydrochloric acid storage 
vessel shall inspect each vessel semiannually to determine that the 
closed-vent system and either the air pollution control device or the 
enclosed loading and unloading line, whichever is applicable, are 
installed and operating when required.



Sec. 63.1163  Notification requirements.

    (a) Initial notifications. As required by Sec. 63.9(b) of subpart A 
of this part, the owner or operator shall submit the following written 
notifications to the Administrator:
    (1) The owner or operator of an area source that subsequently 
becomes subject to the requirements of the standard shall provide 
notification to the applicable permitting authority as required by 
Sec. 63.9(b)(1) of subpart A of this part.
    (2) As required by Sec. 63.9(b)(2) of subpart A of this part, the 
owner or operator of an affected source that has an initial startup 
before June 22, 1999, shall notify the Administrator that the source is 
subject to the requirements of the standard. The notification shall be 
submitted not later than October 20, 1999 (or within 120 calendar days 
after the source becomes subject to this standard), and shall contain 
the information specified in Secs. 63.9(b)(2)(i) through 63.9(b)(2)(v) 
of subpart A of this part.
    (3) As required by Sec. 63.9(b)(3) of subpart A of this part, 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 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, shall notify the Administrator 
in writing that the source is subject to the standards no later than 120 
days after initial startup. The notification shall contain the 
information specified in Secs. 63.9(b)(2)(i) through 63.9(b)(2)(v) of 
subpart A of this part, delivered or postmarked with the notification 
required in Sec. 63.9(b)(5) of subpart A of this part.
    (4) As required by Sec. 63.9(b)(4) of subpart A of this part, the 
owner or operator of a new or reconstructed major affected source that 
has an initial startup after June 22, 1999, and for which an application 
for approval of construction or reconstruction is required under 
Sec. 63.5(d) of subpart A of this part shall provide the information 
specified in Secs. 63.9(b)(4)(i) through 63.9(b)(4)(v) of subpart A of 
this part.
    (5) As required by Sec. 63.9(b)(5) of subpart A of this part, the 
owner or operator who, after June 22, 1999, intends to construct a new 
affected source or reconstruct an affected source subject to this 
standard, or reconstruct a source such that it becomes an affected 
source subject to this standard, shall notify the Administrator, in 
writing, of the intended construction or reconstruction.
    (b) Request for extension of compliance. As required by Sec. 63.9(c) 
of subpart A of this part, if the owner or operator of an affected 
source cannot comply with this 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 subpart A of 
this part, 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 Secs. 63.6(i)(4) through 63.6(i)(6) of subpart A of this 
part.
    (c) Notification that source is subject to special compliance 
requirements. As required by Sec. 63.9(d) of subpart A of this part, an 
owner or operator of a new source that is subject to special compliance 
requirements as specified in Secs. 63.6(b)(3) and 63.6(b)(4) of subpart 
A of this part shall notify the Administrator of his/her compliance 
obligations not later than the notification dates established in 
Sec. 63.9(b) of subpart A of this part for new sources that are not 
subject to the special provisions.
    (d) Notification of performance test. As required by Sec. 63.9(e) of 
subpart A of this part, 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

[[Page 1196]]

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) of subpart A of this part and, if 
requested by the Administrator, to have an observer present during the 
test.
    (e) Notification of compliance status. The owner or operator of an 
affected source shall submit a notification of compliance status as 
required by Sec. 63.9(h) of subpart A of this part when the source 
becomes subject to this standard.



Sec. 63.1164  Reporting requirements.

    (a) Reporting results of performance tests. As required by 
Sec. 63.10(d)(2) of subpart A of this part, the owner or operator of an 
affected source shall report the results of any performance test as part 
of the notification of compliance status required in Sec. 63.1163 of 
this subpart.
    (b) Progress reports. The owner or operator of an affected source 
who is required to submit progress reports under Sec. 63.6(i) of subpart 
A of this part shall submit such reports to the Administrator (or the 
State with an approved permit program) by the dates specified in the 
written extension of compliance.
    (c) Periodic startup, shutdown, and malfunction reports. Section 
63.6(e) of subpart A of this part requires the owner or operator of an 
affected source to operate and maintain each affected emission source, 
including associated air pollution control equipment, in a manner 
consistent with good air pollution control practices for minimizing 
emissions at least to the level required by the standard at all times, 
including during any period of startup, shutdown, or malfunction. 
Malfunctions must be corrected as soon as practicable after their 
occurrence in accordance with the startup, shutdown, and malfunction 
plan.
    (1) Plan. As required by Sec. 63.6(e)(3) of subpart A of this part, 
the owner or operator 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, or malfunction, and a program of corrective action for 
malfunctioning process and air pollution control equipment used to 
comply with the relevant standard.
    (2) Reports. As required by Sec. 63.10(d)(5)(i) of subpart A of this 
part, 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 startup, shutdown, and malfunction plan, the owner or operator 
shall state such information in a semiannual report. The report, to be 
certified by the owner or operator or other responsible official, shall 
be submitted semiannually and delivered or postmarked by the 30th day 
following the end of each calendar half; and
    (3) Immediate Reports. 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 in 
the startup, shutdown, and malfunction plan, the owner or operator shall 
comply with all requirements of Sec. 63.10(d)(5)(ii) of subpart A of 
this part.



Sec. 63.1165  Recordkeeping requirements.

    (a) General recordkeeping requirements. As required by 
Sec. 63.10(b)(2) of subpart A of this part, the owner or operator shall 
maintain records for 5 years from the date of each record of:
    (1) The occurrence and duration of each startup, shutdown, or 
malfunction of operation (i.e., process equipment);
    (2) The occurrence and duration of each malfunction of the air 
pollution control equipment;
    (3) All maintenance performed on the air pollution control 
equipment;
    (4) Actions taken during periods of startup, shutdown, and 
malfunction and the dates of such actions (including corrective actions 
to restore malfunctioning process and air pollution control equipment to 
its normal or usual manner of operation) when these actions are 
different from the procedures specified in the startup, shutdown, and 
malfunction plan;
    (5) All information necessary to demonstrate conformance with the 
startup, shutdown, and malfunction plan when

[[Page 1197]]

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. This 
information can be recorded in a checklist or similar form (see 
Sec. 63.10(b)(2)(v) of subpart A of this part);
    (6) All required measurements needed to demonstrate compliance with 
the standard and to support data that the source is required to report, 
including, but not limited to, performance test measurements (including 
initial and any subsequent performance tests) and measurements as may be 
necessary to determine the conditions of the initial test or subsequent 
tests;
    (7) All results of initial or subsequent performance tests;
    (8) If the owner or operator has been granted a waiver from 
recordkeeping or reporting requirements under Sec. 63.10(f) of subpart A 
of this part, any information demonstrating whether a source is meeting 
the requirements for a waiver of recordkeeping or reporting 
requirements;
    (9) If the owner or operator has been granted a waiver from the 
initial performance test under Sec. 63.7(h) of subpart A of this part, a 
copy of the full request and the Administrator's approval or 
disapproval;
    (10) All documentation supporting initial notifications and 
notifications of compliance status required by Sec. 63.9 of subpart A of 
this part; and
    (11) Records of any applicability determination, including 
supporting analyses.
    (b) Subpart CCC records. (1) In addition to the general records 
required by paragraph (a) of this section, the owner or operator shall 
maintain records for 5 years from the date of each record of:
    (i) Scrubber makeup water flow rate and recirculation water flow 
rate if a wet scrubber is used;
    (ii) Calibration and manufacturer certification that monitoring 
devices are accurate to within 5 percent; and
    (iii) Each maintenance inspection and repair, replacement, or other 
corrective action.
    (2) The owner or operator of an acid regeneration plant shall also 
maintain records for 5 years from the date of each record of process 
offgas temperature and parameters that determine proportion of excess 
air.
    (3) 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 plan on record to be made available 
for inspection by the Administrator for a period of 5 years after each 
revision to the plan.
    (c) Recent records. General records and subpart CCC records for the 
most recent 2 years of operation must be maintained on site. Records for 
the previous 3 years may be maintained off site.



Sec. 63.1166  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under 40 CFR part 63, subpart E, the following authorities shall 
be retained by the Administrator and not transferred to a State:
    (1) Approval of alternative emission standards for existing, new, 
and reconstructed pickling lines, hydrochloric acid regeneration plants, 
and hydrochloric acid storage vessels to those standards specified in 
Secs. 63.1157 and 63.1158 of this subpart;
    (2) Approval of alternative measurement methods for HCl and 
Cl2 to those specified in Sec. 63.1161(d)(1) of this subpart;
    (3) Approval of alternative monitoring requirements to those 
specified in Secs. 63.1162(a)(2) through 63.1162(a)(5) and 63.1162(b)(1) 
through 63.1162(b)(3) of this subpart; and
    (4) Waiver of recordkeeping requirements specified in Sec. 63.1165 
of this subpart.
    (b) The following authorities shall be delegated to a State: All 
other authorities, including approval of an alternative schedule for 
conducting performance tests to the requirement

[[Page 1198]]

specified in Sec. 63.1162(a)(1) of this subpart.



Secs. 63.1167--63.1174  [Reserved]

  Table 1 to Subpart CCC.--Applicability of General Provisions (40 CFR
                   Part 63, Subpart A) to Subpart CCC
------------------------------------------------------------------------
                                    Applies to
           Reference               Subpart CCC          Explanation
------------------------------------------------------------------------
63.1-63.5.....................  Yes.
63.6 (a)-(g)..................  Yes.
63.6 (h)......................  No...............  Subpart CCC does not
                                                    contain an opacity
                                                    or visible emission
                                                    standard.
63.6 (i)-(j)..................  Yes.
63.7-63.9.....................  Yes.
63.10 (a)-(c).................  Yes.
63.10 (d) (1)-(2).............  Yes.
63.10 (d)(3)..................  No...............  Subpart CCC does not
                                                    contain an opacity
                                                    or visible emission
                                                    standard.
63.10 (d) (4)-(5).............  Yes.
63.10 (e)-(f).................  Yes.
63.11.........................  No...............  Subpart CCC does not
                                                    require the use of
                                                    flares.
63.12-63.15...................  Yes..............
------------------------------------------------------------------------



 Subpart DDD--National Emission Standards for Hazardous Air Pollutants 
                       for Mineral Wool Production

    Source: 64 FR 29503, June 1, 1999, unless otherwise noted.



Sec. 63.1175  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants emitted from existing, new, and reconstructed cupolas and 
curing ovens at facilities that produce mineral wool.



Sec. 63.1176  Where can I find definitions of key words used in this subpart?

    The definitions of key words used in this subpart are in the Clean 
Air Act (Act), in Sec. 63.2 of the general provisions in subpart A of 
this part, and in Sec. 63.1196 of this subpart.



Sec. 63.1177  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an existing, 
new, or reconstructed mineral wool production facility that is located 
at a plant site that is a major source of hazardous air pollutant (HAP) 
emissions, meaning the plant emits or has the potential to emit any 
single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any 
combination of HAPs at a rate of 22.68 megagrams (25 tons) or more per 
year.

                                Standards



Sec. 63.1178  For cupolas, what standards must I meet?

    (a) You must control emissions from each cupola as follows:
    (1) Limit emissions of particulate matter (PM) from each existing, 
new, or reconstructed cupola to 0.05 kilograms (kg) of PM per megagram 
(MG) (0.10 pound [lb] of PM per ton) of melt or less.
    (2) Limit emissions of carbon monoxide (CO) from each new or 
reconstructed cupola to either of the following:
    (i) 0.05 kg of CO per MG (0.10 lb of CO per ton) of melt or less.
    (ii) A reduction of uncontrolled CO emissions by at least 99 
percent.
    (b) You must meet the following operating limits for each cupola:
    (1) Begin within one hour after the alarm on a bag leak detection 
system sounds, and complete in a timely manner, corrective actions as 
specified in your operations, maintenance, and monitoring plan required 
by Sec. 63.1187 of this subpart.
    (2) When the alarm on a bag leak detection system sounds for more 
than five percent of the total operating time in a six-month reporting 
period, develop and implement a written quality improvement plan (QIP) 
consistent

[[Page 1199]]

with the compliance assurance monitoring requirements of Sec. 64.8(b)-
(d) of 40 CFR part 64.
    (3) Additionally, for each new or reconstructed cupola, maintain the 
operating temperature of the incinerator so that the average operating 
temperature for each three-hour block period never falls below the 
average temperature established during the performance test.



Sec. 63.1179  For curing ovens, what standards must I meet?

    (a) You must control emissions from each existing, new, or 
reconstructed curing oven by limiting emissions of formaldehyde to 
either of the following:
    (1) 0.03 kg of formaldehyde per MG (0.06 lb of formaldehyde per ton) 
of melt or less.
    (2) A reduction of uncontrolled formaldehyde emissions by at least 
80 percent.
    (b) You must meet the following operating limits for each curing 
oven:
    (1) Maintain the free-formaldehyde content of each resin lot and the 
formaldehyde content of each binder formulation at or below the 
specification ranges of the resin and binder used during the performance 
test.
    (2) Maintain the operating temperature of each incinerator so that 
the average operating temperature for each three-hour block period never 
falls below the average temperature established during the performance 
test.



Sec. 63.1180  When must I meet these standards?

    (a) Existing cupolas and curing ovens. You must install any control 
devices and monitoring equipment necessary to meet the standards in this 
subpart, complete performance testing, and demonstrate compliance with 
all requirements of this subpart no later than the following:
    (1) June 2, 2002; or
    (2) June 3, 2003 if you apply for and receive a one-year extension 
under section 112(i)(3)(B) of the Act.
    (b) New and reconstructed cupolas and curing ovens. You must install 
any control devices or monitoring equipment necessary to meet the 
standards in this subpart, complete performance testing, and demonstrate 
compliance with all requirements of this subpart by the dates in 
Sec. 63.7 of the general provisions in subpart A of this part.
    (c) You must comply with the standards in Secs. 63.1178 and 63.1179 
of this subpart on and after the dates in paragraphs (a) and (b) of this 
section.
    (d) You must comply with these standards at all times except during 
periods of startup, shutdown, or malfunction.

                        Compliance With Standards



Sec. 63.1181  How do I comply with the particulate matter standards for existing, new, and reconstructed cupolas?

    To comply with the PM standards, you must meet all of the following:
    (a) Install, adjust, maintain, and continuously operate a bag leak 
detection system for each fabric filter.
    (b) Do a performance test as specified in Sec. 63.1188 of this 
subpart and show compliance with the PM emission limits while the bag 
leak detection system is installed, operational, and properly adjusted.
    (c) Begin corrective actions specified in your operations, 
maintenance, and monitoring plan required by Sec. 63.1187 of this 
subpart within one hour after the alarm on a bag leak detection system 
sounds. Complete the corrective actions in a timely manner.
    (d) Develop and implement a written QIP consistent with compliance 
assurance monitoring requirements of 40 CFR 64.8(b) through (d) when the 
alarm on a bag leak detection system sounds for more than five percent 
of the total operating time in a six-month reporting period.



Sec. 63.1182  How do I comply with the carbon monoxide standards for new and reconstructed cupolas?

    To comply with the CO standards, you must meet all of the following:
    (a) Install, calibrate, maintain, and operate a device that 
continuously measures the operating temperature in the firebox of each 
thermal incinerator.
    (b) Do a performance test as specified in Sec. 63.1188 of this 
subpart and show

[[Page 1200]]

compliance with the CO emission limits while the device for measuring 
incinerator operating temperature is installed, operational, and 
properly calibrated. Establish the average operating temperature as 
specified in Sec. 63.1185(a) of this subpart.
    (c) Following the performance test, measure and record the average 
operating temperature of the incinerator as specified in Sec. 63.1185(b) 
of this subpart.
    (d) Maintain the operating temperature of the incinerator so that 
the average operating temperature for each three-hour block period never 
falls below the average temperature established during the performance 
test.
    (e) Operate and maintain the incinerator as specified in your 
operations, maintenance, and monitoring plan required by Sec. 63.1187 of 
this subpart.



Sec. 63.1183  How do I comply with the formaldehyde standards for existing, new, and reconstructed curing ovens?

    To comply with the formaldehyde standards, you must meet all of the 
following:
    (a) Install, calibrate, maintain, and operate a device that 
continuously measures the operating temperature in the firebox of each 
thermal incinerator.
    (b) Do a performance test as specified in Sec. 63.1188 of this 
subpart while manufacturing the product that requires a binder 
formulation made with the resin containing the highest free-formaldehyde 
content specification range. Show compliance with the formaldehyde 
emission limits while the device for measuring incinerator operating 
temperature is installed, operational, and properly calibrated. 
Establish the average operating temperature as specified in 
Sec. 63.1185(a) of this subpart.
    (c) During the performance test that uses the binder formulation 
made with the resin containing the highest free-formaldehyde content 
specification range, record the free-formaldehyde content specification 
range of the resin used, and the formulation of the binder used, 
including the formaldehyde content and binder specification.
    (d) Following the performance test, monitor and record the free-
formaldehyde content of each resin lot and the formulation of each batch 
of binder used, including the formaldehyde content.
    (e) Maintain the free-formaldehyde content of each resin lot and the 
formaldehyde content of each binder formulation at or below the 
specification ranges established during the performance test.
    (f) Following the performance test, measure and record the average 
operating temperature of the incinerator as specified in Sec. 63.1185(b) 
of this subpart.
    (g) Maintain the operating temperature of the incinerator so that 
the average operating temperature for each three-hour block period never 
falls below the average temperature established during the performance 
test.
    (h) Operate and maintain the incinerator as specified in your 
operations, maintenance, and monitoring plan required by Sec. 63.1187 of 
this subpart.
    (i) With prior approval from the Administrator, you may do short-
term experimental production runs using resin where the free-
formaldehyde content, or binder formulations where the formaldehyde 
content, is higher than the specification ranges of the resin and binder 
used during previous performance tests, or using experimental pollution 
prevention process modifications without first doing additional 
performance tests. Notification of intent to perform a short-term 
experimental production run must include the following information:
    (1) The purpose of the experimental run.
    (2) The affected production process.
    (3) How the resin free-formaldehyde content or binder formulation 
will deviate from previously approved levels or what the experimental 
pollution prevention process modifications are.
    (4) The duration of the experimental run.
    (5) The date and time of the experimental run.
    (6) A description of any emissions testing to be done during the 
experimental run.

[[Page 1201]]

                    Additional Monitoring Information



Sec. 63.1184   What do I need to know about the design specifications, installation, and operation of a bag leak detection system?

    A bag leak detection system must meet the following requirements:
    (a) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic 
foot) or less.
    (b) The sensor on the bag leak detection system must provide output 
of relative PM emissions.
    (c) The bag leak detection system must have an alarm that will sound 
automatically when it detects an increase in relative PM emissions 
greater than a preset level.
    (d) The alarm must be located in an area where appropriate plant 
personnel will be able to hear it.
    (e) For a positive-pressure fabric filter, each compartment or cell 
must have a bag leak detector. For a negative-pressure or induced-air 
fabric filter, the bag leak detector must be installed downstream of the 
fabric filter. If multiple bag leak detectors are required (for either 
type of fabric filter), detectors may share the system instrumentation 
and alarm.
    (f) Each triboelectric bag leak detection system must be installed, 
operated, adjusted, and maintained so that it follows EPA's ``Fabric 
Filter Bag Leak Detection Guidance'' (EPA-454/R-98-015, September 1997). 
Other bag leak detection systems must be installed, operated, adjusted, 
and maintained so that they follow the manufacturer's written 
specifications and recommendations.
    (g) At a minimum, initial adjustment of the system must consist of 
establishing the baseline output in both of the following ways:
    (1) Adjust the range and the averaging period of the device.
    (2) Establish the alarm set points and the alarm delay time.
    (h) After initial adjustment, the range, averaging period, alarm set 
points, or alarm delay time may not be adjusted except as specified in 
the operations, maintenance, and monitoring plan required by 
Sec. 63.1187 of this subpart. In no event may the range be increased by 
more than 100 percent or decreased by more than 50 percent over a 365 
day period unless a responsible official as defined in Sec. 63.2 of the 
general provisions in subpart A of this part certifies in writing to the 
Administrator that the fabric filter has been inspected and found to be 
in good operating condition.



Sec. 63.1185  How do I establish the average operating temperature of an incinerator?

    (a) During the performance test, you must establish the average 
operating temperature of an incinerator as follows:
    (1) Continuously measure the operating temperature of the 
incinerator.
    (2) Determine and record the average temperatures in consecutive 15-
minute blocks.
    (3) Determine and record the arithmetic average of the recorded 
average temperatures measured in consecutive 15-minute blocks for each 
of the one-hour performance test runs.
    (4) Determine and record the arithmetic average of the three one-
hour average temperatures during the performance test runs. The average 
of the three one-hour performance test runs establishes the temperature 
level to use to monitor compliance.
    (b) To comply with the requirements for maintaining the operating 
temperature of an incinerator after the performance test, you must 
measure and record the average operating temperature of the incinerator 
as required by Secs. 63.1182 and 63.1183 of this subpart. This average 
operating temperature of the incinerator is based on the arithmetic 
average of the one-hour average temperatures for each consecutive three-
hour period and is determined in the same manner described in paragraphs 
(a)(1) through (a)(4) of this section.



Sec. 63.1186  How may I change the compliance levels of monitored parameters?

    You may change control device and process operating parameter levels 
established during performance tests and used to monitor compliance if 
you do the following:

[[Page 1202]]

    (a) You must notify the Administrator of your desire to expand the 
range of a control device or process operating parameter level.
    (b) Upon approval from the Administrator, you must conduct 
additional performance tests at the proposed new control device or 
process operating parameter levels. Before operating at these levels, 
the performance test results must verify that, at the new levels, you 
comply with the emission limits in Secs. 63.1178 and 63.1179 of this 
subpart.



Sec. 63.1187  What do I need to know about operations, maintenance, and monitoring plans?

    (a) An operations, maintenance, and monitoring plan must be 
submitted to the Administrator for review and approval as part of your 
application for the title V permit.
    (b) The operations, maintenance, and monitoring plan must include 
the following:
    (1) Process and control device parameters you will monitor to 
determine compliance, along with established operating levels or ranges 
for each process or control device.
    (2) A monitoring schedule.
    (3) Procedures for properly operating and maintaining control 
devices used to meet the standards in Secs. 63.1178 and 63.1179 of this 
subpart. These procedures must include an inspection of each incinerator 
at least once per year. At a minimum, you must do the following as part 
of an incinerator inspection:
    (i) Inspect all burners, pilot assemblies, and pilot sensing devices 
for proper operation. Clean pilot sensor if necessary.
    (ii) Ensure proper adjustment of combustion air, and adjust if 
necessary.
    (iii) Inspect, when possible, all internal structures (such as 
baffles) to ensure structural integrity per the design specifications.
    (iv) Inspect dampers, fans, and blowers for proper operation.
    (v) Inspect motors for proper operation.
    (vi) Inspect, when possible, combustion chamber refractory lining. 
Clean, and repair or replace lining if necessary.
    (vii) Inspect incinerator shell for proper sealing, corrosion, and/
or hot spots.
    (viii) For the burn cycle that follows the inspection, document that 
the incinerator is operating properly and make any necessary 
adjustments.
    (ix) Generally observe whether the equipment is maintained in good 
operating condition.
    (x) Complete all necessary repairs as soon as practicable.
    (4) Procedures for keeping records to document compliance.
    (5) Corrective actions you will take if process or control device 
parameters vary from the levels established during performance testing. 
For bag leak detection system alarms, example corrective actions that 
may be included in the operations, maintenance, and monitoring plan 
include:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition 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 fabric filter 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.

                      Performance Tests and Methods



Sec. 63.1188  What performance test requirements must I meet?

    You must meet the following performance test requirements:
    (a) All monitoring systems and equipment must be installed, 
operational, and properly calibrated before the performance tests.
    (b) Do a performance test, consisting of three test runs, for each 
cupola and curing oven subject to this subpart at the maximum production 
rate to demonstrate compliance with each of the applicable emission 
limits in Secs. 63.1178 and 63.1179 of this subpart.
    (c) Measure emissions of PM from each existing cupola.
    (d) Measure emissions of PM and CO from each new or reconstructed 
cupola.

[[Page 1203]]

    (e) Measure emissions of formaldehyde from each existing, new or 
reconstructed curing oven.
    (f) Measure emissions at the outlet of the control device if 
complying with a numerical emission limit for PM, CO, or formaldehyde, 
or at the inlet and outlet of the control device if complying with a 
percent reduction emission limit for CO or formaldehyde.
    (g) To determine the average melt rate, measure and record the 
amount of raw materials, excluding coke, charged into and melted in each 
cupola during each performance test run. Determine and record the 
average hourly melt rate for each performance test run. Determine and 
record the arithmetic average of the average hourly melt rates 
associated with the three performance test runs. The average hourly melt 
rate of the three performance test runs is used to determine compliance 
with the applicable emission limits.
    (h) Compute and record the average emissions of the three 
performance test runs and use the equations in Sec. 63.1190 of this 
subpart to determine compliance with the applicable emission limits.
    (i) Comply with control device and process operating parameter 
monitoring requirements for performance testing as specified in this 
subpart.



Sec. 63.1189  What test methods do I use?

    You must use the following test methods to determine compliance with 
the applicable emission limits:
    (a) Method 1 in appendix A to part 60 of this chapter for the 
selection of the sampling port locations and number of sampling ports.
    (b) Method 2 in appendix A to part 60 of this chapter for stack gas 
velocity and volumetric flow rate.
    (c) Method 3 or 3A in appendix A to part 60 of this chapter for 
oxygen and carbon dioxide for diluent measurements needed to correct the 
concentration measurements to a standard basis.
    (d) Method 4 in appendix A to part 60 of this chapter for moisture 
content of the stack gas.
    (e) Method 5 in appendix A to part 60 of this chapter for the 
concentration of PM. Each PM test run must consist of a minimum run time 
of three hours and a minimum sample volume of 3.75 dscm (135 dscf).
    (f) Method 10 in appendix A to part 60 of this chapter for the 
concentration of CO, using the continuous sampling option described in 
section 7.1.1 of the method. Each CO test run must consist of a minimum 
run time of one hour.
    (g) Method 318 in appendix A to this part for the concentration of 
formaldehyde or CO.
    (h) Method to determine the free-formaldehyde content of each resin 
lot in appendix A of this subpart.



Sec. 63.1190  How do I determine compliance?

    (a) Using the results of the performance tests, you must use the 
following equation to determine compliance with the PM emission limit:
[GRAPHIC] [TIFF OMITTED] TR01JN99.015


where:
E = Emission rate of PM, kg/Mg (lb/ton) of melt.
C = Concentration of PM, g/dscm (gr/dscf).
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr).
K 51 = Conversion factor, 1 kg/1,000 g (1 lb/7,000 gr).
P = Average melt rate, Mg/hr (ton/hr).

    (b) Using the results of the performance tests, you must use the 
following equation to determine compliance with the CO and formaldehyde 
numerical emission limits:
[GRAPHIC] [TIFF OMITTED] TR01JN99.016


where:
E = Emission rate of measured pollutant, kg/Mg (lb/ton) of melt.
C = Measured volume fraction of pollutant, ppm.
MW = Molecular weight of measured pollutant, g/g-mole:
CO = 28.01, Formaldehyde = 30.03.
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr).
K1 = Conversion factor, 1 kg/1,000 g (1 lb/453.6 g).
K2 = Conversion factor, 1,000 L/m3 (28.3 L/
          ft3).
K3 = Conversion factor, 24.45 L/g-mole.
P = Average melt rate, Mg/hr (ton/hr).

    (c) Using the results of the performance tests, you must use the 
following equation to determine compliance with

[[Page 1204]]

the CO and formaldehyde percent reduction performance standards:
[GRAPHIC] [TIFF OMITTED] TR01JN99.017


where:
%R = Percent reduction, or collection efficiency of the control device.
Li = Inlet loading of pollutant, kg/Mg (lb/ton).
Lo = Outlet loading of pollutant, kg/Mg (lb/ton).

               Notification, Recordkeeping, and Reporting



Sec. 63.1191  What notifications must I submit?

    You must submit written notifications to the Administrator as 
required by Sec. 63.9(b)-(h) of the general provisions in subpart A of 
this part. These notifications include, but are not limited to, the 
following:
    (a) Notification that the following types of sources are subject to 
the standard:
    (1) An area source that increases its emissions so that it becomes a 
major source.
    (2) A source that has an initial startup before the effective date 
of the standard.
    (3) A new or reconstructed source that has an initial startup after 
the effective date of the standard and doesn't require an application 
for approval of construction or reconstruction under Sec. 63.5(d) of the 
general provisions in subpart A of this part.
    (b) Notification of intention to construct a new major source or 
reconstruct a major source where the initial startup of the new or 
reconstructed source occurs after the effective date of the standard and 
an application for approval of construction or reconstruction under 
Sec. 63.5(d) of the general provisions in subpart A of this part is 
required.
    (c) Notification of special compliance obligations for a new source 
that is subject to special compliance requirements in Sec. 63.6(b)(3) 
and (4) of the general provisions in subpart A of this part.
    (d) Notification of a performance test at least 60 calendar days 
before the performance test is scheduled to begin.
    (e) Notification of compliance status.



Sec. 63.1192  What recordkeeping requirements must I meet?

    You must meet the following recordkeeping requirements:
    (a) Maintain files of all information required by Sec. 63.10(b) of 
the general provisions in subpart A of this part, including all 
notifications and reports.
    (b) Maintain records of the following information also:
    (1) Cupola production (melt) rate (Mg/hr (tons/hr) of melt).
    (2) All bag leak detection system alarms. Include the date and time 
of the alarm, when corrective actions were initiated, the cause of the 
alarm, an explanation of the corrective actions taken, and when the 
cause of the alarm was corrected.
    (3) The free-formaldehyde content of each resin lot and the binder 
formulation, including formaldehyde content, of each binder batch used 
in the manufacture of bonded products.
    (4) Incinerator operating temperature and results of incinerator 
inspections. For all periods when the average temperature in any three-
hour block period fell below the average temperature established during 
the performance test, and all periods when the inspection identified 
incinerator components in need of repair or maintenance, include the 
date and time of the problem, when corrective actions were initiated, 
the cause of the problem, an explanation of the corrective actions 
taken, and when the cause of the problem was corrected.
    (c) Retain each record for at least five years following the date of 
each occurrence, measurement, corrective action, maintenance, record, or 
report. The most recent two years of records must be retained at the 
facility. The remaining three years of records may be retained off site.
    (d) Retain records on microfilm, on a computer, on computer disks, 
on magnetic tape disks, or on microfiche.
    (e) Report the required information on paper or on a labeled 
computer disk using commonly available and compatible computer software.

[[Page 1205]]



Sec. 63.1193  What reports must I submit?

    You must prepare and submit reports to the Administrator as required 
by this subpart and Sec. 63.10 of the general provisions in subpart A of 
this part. These reports include, but are not limited to, the following:
    (a) A performance test report, as required by Sec. 63.10(d)(2) of 
the general provisions in subpart A of this part, that documents the 
process and control equipment operating parameters during the test 
period, the test methods and procedures, the analytical procedures, all 
calculations, and the results of the performance tests.
    (b) A startup, shutdown, and malfunction plan, as described in 
Sec. 63.6(e)(3) of the general provisions in subpart A of this part, 
that contains specific procedures for operating and maintaining the 
source during periods of startup, shutdown, and malfunction and a 
program of corrective action for malfunctioning process and control 
systems used to comply with the emission standards. In addition to the 
information required by Sec. 63.6(e)(3), your plan must include the 
following:
    (1) Procedures to determine and record what caused the malfunction 
and when it began and ended.
    (2) Corrective actions you will take if a process or control device 
malfunctions, including procedures for recording the actions taken to 
correct the malfunction or minimize emissions.
    (3) An inspection and maintenance schedule for each process and 
control device that is consistent with the manufacturer's instructions 
and recommendations for routine and long-term maintenance.
    (c) A report of each event as required by Sec. 63.10(b) of the 
general provisions in subpart A of this part, including a report if an 
action taken during a startup, shutdown, or malfunction is inconsistent 
with the procedures in the plan as described in Sec. 63.6(e)(3) of the 
general provisions in subpart A of this part.
    (d) An operations, maintenance, and monitoring plan as specified in 
Sec. 63.1187 of this subpart.
    (e) A semiannual report as required by Sec. 63.10(e)(3) of the 
general provisions in subpart A of this part if measured emissions 
exceed the applicable standard or a monitored parameter varies from the 
level established during performance testing. The report must contain 
the information specified in Sec. 63.10(c) of the general provisions, as 
well as the relevant records required by Sec. 63.1192(b) of this 
subpart.
    (f) A semiannual report stating that no excess emissions or 
deviations of monitored parameters occurred during the reporting period 
as required by Sec. 63.10(e)(3)(v) of the general provisions in subpart 
A of this part if no deviations have occurred.

                   Other Requirements and Information



Sec. 63.1194  Which general provisions apply?

    The general provisions in subpart A of this part define requirements 
applicable to all owners and operators affected by NESHAP in part 63. 
See Table 1 of this subpart for general provisions that apply (or don't 
apply) to you as an owner or operator subject to the requirements of 
this subpart.



Sec. 63.1195  Who enforces this subpart?

    If the Administrator has delegated authority to your State, then the 
State, along with the EPA, enforces this regulation. If the 
Administrator has not delegated authority to your State, then the EPA 
enforces this regulation.



Sec. 63.1196  What definitions should I be aware of?

    Terms used in this subpart are defined in the Act, in Sec. 63.2 of 
the general provisions in subpart A of this part, and in this section as 
follows:
    Bag leak detection system means a monitoring device for a fabric 
filter that identifies an increase in particulate matter emissions 
resulting from a broken filter bag or other malfunction and sounds an 
alarm.
    Bonded product means mineral wool to which a hazardous air 
pollutant-based binder (containing such hazardous air pollutants as 
phenol or formaldehyde) has been applied.
    CO means, for the purposes of this subpart, emissions of carbon 
monoxide that serve as a surrogate for emissions of carbonyl sulfide, a 
compound included on the list of hazardous air pollutants in section 112 
of the Act.

[[Page 1206]]

    Cupola means a large, water-cooled metal vessel to which is charged 
a mixture of fuel, rock and/or slag, and additives. As the fuel is 
burned, the charged mixture is heated to a molten state for later 
processing to form mineral wool.
    Curing oven means a chamber in which heat is used to thermoset a 
binder on the mineral wool fiber used to make bonded products.
    Fabric filter means an air pollution control device used to capture 
particulate matter by filtering gas streams through fabric bags. It also 
is known as a baghouse.
    Formaldehyde means, for the purposes of this subpart, emissions of 
formaldehyde that, in addition to being a HAP itself, serve as a 
surrogate for organic compounds included on the list of hazardous air 
pollutants in section 112 of the Act, including but not limited to 
phenol.
    Hazardous air pollutant means any air pollutant listed in or 
pursuant to section 112(b) of the Act.
    I means the owner or operator of a mineral wool production facility.
    Incinerator means an enclosed air pollution control device that uses 
controlled flame combustion to convert combustible materials to 
noncombustible gases.
    Melt means raw materials, excluding coke, that are charged into the 
cupola, heated to a molten state, and discharged to the fiber forming 
and collection process.
    Melt rate means the mass of molten material discharged from a single 
cupola over a specified time period.
    Mineral wool means a fibrous glassy substance made from natural rock 
(such as basalt), blast furnace slag or other slag, or a mixture of rock 
and slag. It may be used as a thermal or acoustical insulation material 
or in the making of other products to provide structural strength, sound 
absorbency, fire resistance, or other required properties.
    New source means any affected source the construction or 
reconstruction of which is commenced after May 8, 1997.
    PM means, for the purposes of this subpart, emissions of particulate 
matter that serve as a surrogate for metals (in particulate or volatile 
form) on the list of hazardous air pollutants in section 112 of the Act, 
including but not limited to: antimony, arsenic, beryllium, cadmium, 
chromium, lead, manganese, nickel, and selenium.
    You means the owner or operator of a mineral wool production 
facility.



Secs. 63.1197-63.1199  [Reserved]

  Table 1 to Subpart DDD of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                 DDD of Part 63
----------------------------------------------------------------------------------------------------------------
    General provisions  citation            Requirement         Applies to subpart DDD?        Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)-(a)(4)...................  General Applicability..  Yes.....................
63.1(a)(5)..........................                           No......................  [Reserved].
63.1(a)(6)-(a)(8)...................                           Yes.....................
63.1(a)(9)..........................                           No......................  [Reserved].
63.1(a)(10)-(a)(14).................                           Yes.....................
63.1(b).............................  Initial Applicability    Yes.....................
                                       Determination.
63.1(c)(1)..........................  Applicability After      Yes.....................
                                       Standard Established.
63.1(c)(2)..........................                           Yes.....................  Some plants may be area
                                                                                          sources.
63.1(c)(3)..........................                           No......................  [Reserved].
63.1(c)(4)-(c)(5)...................                           Yes.....................
63.1(d).............................                           No......................  [Reserved].
63.1(e).............................  Applicability of Permit  Yes.....................
                                       Program.
63.2................................  Definitions............  Yes.....................  Additional definitions
                                                                                          in Sec.  63.1196.
63.3................................  Units and Abbreviations  Yes.....................
63.4(a)(1)-(a)(3)...................  Prohibited Activities..  Yes.....................
63.4(a)(4)..........................                           No......................  [Reserved].
63.4(a)(5)..........................                           Yes.....................
63.4(b)-(c).........................  Circumvention/           Yes.....................
                                       Severability.
63.5(a).............................  Construction/            Yes.....................
                                       Reconstruction
                                       Applicability.
63.5(b)(1)..........................  Existing, New,           Yes.....................
                                       Reconstructed Sources
                                       Requirements.
63.5(b)(2)..........................                           No......................  [Reserved].

[[Page 1207]]

 
63.5(b)(3)-(b)(6)...................                           Yes.....................
63.5(c).............................                           No......................  [Reserved].
63.5(d).............................  Application for          Yes.....................
                                       Approval of
                                       Construction/
                                       Reconstruction.
63.5(e).............................  Approval of              Yes.....................
                                       Construction/
                                       Reconstruction.
63.5(f).............................  Approval of              Yes.....................
                                       Construction/
                                       Reconstruction Based
                                       on State Review.
63.6(a).............................  Compliance with          Yes.....................
                                       Standards and
                                       Maintenance
                                       Applicability.
63.6(b)(1)-(b)(5)...................  New and Reconstructed    Yes.....................
                                       Sources Dates.
63.6(b)(6)..........................                           No......................  [Reserved].
63.6(b)(7)..........................                           Yes.....................
63.6(c)(1)..........................  Existing Sources Dates.  Yes.....................  Sec.  63.1180 specifies
                                                                                          compliance dates.
63.6(c)(2)..........................  .......................  Yes.....................
63.6(c)(3)-(c)(4)...................  .......................  No......................  [Reserved].
63.6(c)(5)..........................  .......................  Yes.....................
63.6(d).............................  .......................  No......................  [Reserved].
63.6(e)(1)-(e)(2)...................  Operation & Maintenance  Yes.....................  Sec.  63.1187 specifies
                                       Requirements.                                      additional
                                                                                          requirements.
63.6(e)(3)..........................  Startup, Shutdown, and   Yes.....................
                                       Malfunction Plan.
63.6(f).............................  Compliance with          Yes.....................
                                       Emission Standards.
63.6(g).............................  Alternative Standard...  Yes.....................
63.6(h).............................  Compliance with Opacity/ No......................  Subpart DDD does not
                                       VE Standards.                                      include VE/opacity
                                                                                          standards.
63.6(i)(1)-(i)(14)..................  Extension of Compliance  Yes.....................  Sec.  63.1180 specifies
                                                                                          date.
63.6(i)(15).........................  .......................  No......................  [Reserved].
63.6(i)(16).........................  .......................  Yes.....................
63.6(j).............................  Exemption from           Yes.....................
                                       Compliance.
63.7(a).............................  Performance Test         Yes.....................
                                       Requirements
                                       Applicability.
63.7(b).............................  Notification...........  Yes.....................
63.7(c).............................  Quality Assurance/Test   Yes.....................
                                       Plan.
63.7(d).............................  Testing Facilities.....  Yes.....................
63.7(e).............................  Conduct of Tests.......  Yes.....................  Sec.  63.1188 specifies
                                                                                          additional
                                                                                          requirements.
63.7(f).............................  Alternative Test Method  Yes.....................
63.7(g).............................  Data Analysis..........  Yes.....................
63.7(h).............................  Waiver of Tests........  Yes.....................
63.8(a)(1)..........................  Monitoring Requirements  Yes.....................
                                       Applicability.
63.8(a)(2)..........................  .......................  No......................  Subpart DDD does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.8(a)(3)..........................  .......................  No......................  [Reserved].
63.8(a)(4)..........................  .......................  Yes.....................
63.8(b).............................  Conduct of Monitoring..  Yes.....................
63.8(c)(1)-(c)(3)...................  CMS Operation/           Yes.....................
                                       Maintenance.
63.8(c)(4)-(c)(8)...................  .......................  No......................  Subpart DDD does not
                                                                                          require COMS or CMS
                                                                                          performance
                                                                                          specifications.
63.8(d).............................  Quality Control........  No......................  Subpart DDD does not
                                                                                          require a CMS quality
                                                                                          control program.
63.8(e).............................  CMS Performance          No......................  Subpart DDD does not
                                       Evaluation.                                        require CMS
                                                                                          performance
                                                                                          evaluations.
63.8(f)(1)-(f)(5)...................  Alternative Monitoring   Yes.....................
                                       Method.
63.8(f)(6)..........................  Alternative to RATA      No......................  Subpart DDD does not
                                       Test.                                              require CEMS.
63.8(g)(1)..........................  Data Reduction.........  Yes.....................
63.8(g)(2)..........................  .......................  No......................  Subpart DDD does not
                                                                                          require COMS or CEMS.
63.8(g)(3)-(g)(5)...................  .......................  Yes.....................
63.9(a).............................  Notification             Yes.....................
                                       Requirements
                                       Applicability.
63.9(b).............................  Initial Notifications..  Yes.....................

[[Page 1208]]

 
63.9(c).............................  Request for Compliance   Yes.....................
                                       Extension.
63.9(d).............................  New Source Notification  Yes.....................
                                       for Special Compliance
                                       Requirements.
63.9(e).............................  Notification of          Yes.....................
                                       Performance Test.
63.9(f).............................  Notification of VE/      No......................  Subpart DDD does not
                                       Opacity Test.                                      include VE/opacity
                                                                                          standards.
63.9(g).............................  Additional CMS           No......................  Subpart DDD does not
                                       Notifications.                                     require CMS
                                                                                          performance
                                                                                          evaluation, COMS, or
                                                                                          CEMS.
63.9(h)(1)-(h)(3)...................  Notification of          Yes.....................
                                       Compliance Status.
63.9(h)(4)..........................  .......................  No......................  [Reserved].
63.9(h)(5)-(h)(6)...................  .......................  Yes.....................
63.9(i).............................  Adjustment of Deadlines  Yes.....................
63.9(j).............................  Change in Previous       Yes.....................
                                       Information.
63.10(a)............................  Recordkeeping/Reporting- Yes.....................
                                       Applicability.
63.10(b)............................  General Recordkeeping    Yes.....................  Sec.  63.1192 includes
                                       Requirements.                                      additional
                                                                                          requirements.
63.10(c)(1).........................  Additional CMS           Yes.....................
                                       Recordkeeping.
63.10(c)(2)-(c)(4)..................  .......................  No......................  [Reserved].
63.10(c)(5).........................  .......................  Yes.....................
63.10(c)(6).........................  .......................  No......................  Subpart DDD does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.10(c)(7)-(c)(8)..................  .......................  Yes.....................
63.10(c)(9).........................  .......................  No......................  [Reserved].
63.10(c) (10)-(c)(13)...............  .......................  Yes.....................
63.10(c)(14)........................  .......................  No......................  Subpart DDD does not
                                                                                          require a CMS quality
                                                                                          control program.
63.10(c)(15)........................  .......................  Yes.....................
63.10(d)(1).........................  General Reporting        Yes.....................  Additional requirements
                                       Requirements.                                      in Sec.  63.1193.
63.10(d)(2).........................  Performance Test         Yes.....................
                                       Results.
63.10(d)(3).........................  Opacity or VE            No......................  Subpart DDD does not
                                       Observations.                                      include VE/opacity
                                                                                          standards.
63.10(d)(4)-(d)(5)..................  Progress Reports/        Yes.....................
                                       Startup, Shutdown, and
                                       Malfunction Reports.
63.10(e)(1)-(e)(2)..................  Additional CMS Reports.  No......................  Subpart DDD does not
                                                                                          require CEMS or CMS
                                                                                          performance
                                                                                          evaluations.
63.10(e)(3).........................  Excess Emissions/CMS     Yes.....................
                                       Performance Reports.
63.10(e)(4).........................  COMS Data Reports......  No......................  Subpart DDD does not
                                                                                          require COMS.
63.10(f)............................  Recordkeeping/Reporting  Yes.....................
                                       Waiver.
63.11(a)............................  Control Device           Yes.....................
                                       Requirements
                                       Applicability.
63.11(b)............................  Flares.................  No......................  Flares not applicable.
63.12...............................  State Authority and      Yes.....................
                                       Delegations.
63.13...............................  Addresses..............  Yes.....................
63.14...............................  Incorporation by         Yes.....................
                                       Reference.
63.15...............................  Information              Yes.....................
                                       Availability/
                                       Confidentiality.
----------------------------------------------------------------------------------------------------------------

  Appendix A to Subpart DDD of Part 63--Free Formaldehyde Analysis of 
       Insulation Resins by the Hydroxylamine Hydrochloride Method

                                1. Scope

    The method in this appendix was specifically developed for water-
soluble phenolic resins that have a relatively high free-formaldehyde 
(FF) content such as insulation resins. It may also be suitable for 
other phenolic resins, especially those with a high FF content.

[[Page 1209]]

                              2. Principle

    2.1  a. The basis for this method is the titration of the 
hydrochloric acid that is liberated when hydroxylamine hydrochloride 
reacts with formaldehyde to form formaldoxine:

HCHO + NH2OH:HCl  CH2:NOH + H2O + HCl

    b. Free formaldehyde in phenolic resins is present as monomeric 
formaldehyde, hemiformals, polyoxymethylene hemiformals, and 
polyoxymethylene glycols. Monomeric formaldehyde and hemiformals react 
rapidly with hydroxylamine hydrochloride, but the polymeric forms of 
formaldehyde must hydrolyze to the monomeric state before they can 
react. The greater the concentration of free formaldehyde in a resin, 
the more of that formaldehyde will be in the polymeric form. The 
hydrolysis of these polymers is catalyzed by hydrogen ions.
    2.2  The resin sample being analyzed must contain enough free 
formaldehyde so that the initial reaction with hydroxylamine 
hydrochloride will produce sufficient hydrogen ions to catalyze the 
depolymerization of the polymeric formaldehyde within the time limits of 
the test method. The sample should contain approximately 0.3 grams (g) 
free formaldehyde to ensure complete reaction within 5 minutes.

                              3. Apparatus

    3.1  Balance, readable to 0.01 g or better.
    3.2  pH meter, standardized to pH 4.0 with pH 4.0 buffer and pH 7 
with pH 7.0 buffer.
    3.3  50-mL burette for 1.0 N sodium hydroxide.
    3.4  Magnetic stirrer and stir bars.
    3.5  250-mL beaker.
    3.6  50-mL graduated cylinder.
    3.7  100-mL graduated cylinder.
    3.8  Timer.

                               4. Reagents

    4.1  Standardized 1.0 N sodium hydroxide solution.
    4.2  Hydroxylamine hydrochloride solution, 100 grams per liter, pH 
adjusted to 4.00.
    4.3  Hydrochloric acid solution, 1.0 N and 0.1 N.
    4.4  Sodium hydroxide solution, 0.1 N.
    4.5  50/50 v/v mixture of distilled water and methyl alcohol.

                              5. Procedure

    5.1  Determine the sample size as follows:
    a. If the expected FF is greater than 2 percent, go to Part A in 
5.1.c to determine sample size.
    b. If the expected FF is less than 2 percent, go to Part B in 5.1.d 
to determine sample size.
    c. Part A: Expected FF 2 percent.

Grams resin = 60/expected percent FF

    I. The following table shows example levels:

------------------------------------------------------------------------
                                                                Sample
             Expected percent free formaldehyde              size, grams
------------------------------------------------------------------------
2..........................................................         30.0
5..........................................................         12.0
8..........................................................          7.5
10.........................................................          6.0
12.........................................................          5.0
15.........................................................          4.0
------------------------------------------------------------------------

    ii. It is very important to the accuracy of the results that the 
sample size be chosen correctly. If the milliliters of titrant are less 
than 15 mL or greater than 30 mL, reestimate the needed sample size and 
repeat the tests.
    d. Part B: Expected FF < 2 percent

Grams resin = 30/expected percent FF

    I. The following table shows example levels:

------------------------------------------------------------------------
                                                                Sample
             Expected percent free formaldehyde              size, grams
------------------------------------------------------------------------
2..........................................................           15
1..........................................................           30
0.5........................................................           60
------------------------------------------------------------------------

    ii. If the milliliters of titrant are less than 5 mL or greater than 
30 mL, reestimate the needed sample size and repeat the tests.
    5.2  Weigh the resin sample to the nearest 0.01 grams into a 250-mL 
beaker. Record sample weight.
    5.3  Add 100 mL of the methanol/water mixture and stir on a magnetic 
stirrer. Confirm that the resin has dissolved.
    5.4  Adjust the resin/solvent solution to pH 4.0, using the 
prestandardized pH meter, 1.0 N hydrochloric acid, 0.1 N hydrochloric 
acid, and 0.1 N sodium hydroxide.
    5.5  Add 50 mL of the hydroxylamine hydrochloride solution, measured 
with a graduated cylinder. Start the timer.
    5.6  Stir for 5 minutes. Titrate to pH 4.0 with standardized 1.0 N 
sodium hydroxide. Record the milliliters of titrant and the normality.

                             6. Calculations
[GRAPHIC] [TIFF OMITTED] TR01JN99.018


[[Page 1210]]



                    7. Method Precision and Accuracy

    Test values should conform to the following statistical precision:

Variance = 0.005
Standard deviation = 0.07
95% Confidence Interval, for a single determination = 0.2

                                8. Author

    This method was prepared by K.K. Tutin and M.L. Foster, Tacoma R&D 
Laboratory, Georgia-Pacific Resins, Inc. (Principle written by R. R. 
Conner.)

                              9. References

    9.1  GPAM 2221.2.
    9.2  PR&C TM 2.035.
    9.3  Project Report, Comparison of Free Formaldehyde Procedures, 
January 1990, K. Tutin.


[[Page 1211]]



                              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
  List of CFR Sections Affected

[[Page 1213]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 2000)

  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 (PART 63.1 TO 63.1199)

ENVIRONMENTAL PROTECTION AGENCY
                                                                  40 CFR


American Conference of Governmental Hygienists

  Kemper Woods Center, 1330 Kemper Meadow Drive, 
  Cincinnati, OH 45240
ACGIH ``Industrial Ventilation'' Manual (22nd.      63.843(b); 63.844(b)
  Edition, 1995) Chapter 3, Local Exhaust Hoods 
  and Chapter 5, Exhaust System Design Procedure.


American Petroleum Institute

  1220 L Street, NW., Washington, DC 20005-4070; 
  Telephone: (202) 682-8000
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 Street NW., Washington, DC 20005; 
  Telephone: (202) 777-APHA
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

  100 Barr Harbor Drive, West Conshohocken, PA 
  19428-2959; Telephone: (610) 832-9585, FAX: 
  (610) 832-9555
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 Aqueou-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.


Association of Florida Phosphate Chemists

  P.O. Box 1645, Bartow, FL 33830

[[Page 1214]]

Methods of Analysis for Phosphate Rock, Section               63.14(h); 
  IX, No. 1, Preparation of Sample (7th edition,      63.606(c)(3)(ii); 
  1991).                                                63.626(c)(3)(ii)
Methods of Analysis for Phosphate Rock, Section               63.14(h); 
  IX, No. 3, Method A (7th edition, 1991).            63.606(c)(3)(ii); 
                                                        63.626(c)(3)(ii)
Methods of Analysis for Phosphate Rock, Section               63.14(h); 
  IX, No. 3, Method B (7th edition, 1991).            63.606(c)(3)(ii); 
                                                        63.626(c)(3)(ii)
Methods of Analysis for Phosphate Rock, Section               63.14(h); 
  IX, No. 3, Method C (7th edition, 1991).            63.606(c)(3)(ii); 
                                                        63.626(c)(3)(ii)
Methods of Analysis for Phosphoric Acid,                      63.14(h); 
  Superphosphate, Triple Superphosphate, and          63.606(c)(3)(ii); 
  Ammonium Phosphates, Section XI, No. 3, Method A    63.626(c)(3)(ii), 
  (7th edition, 1991).                                         (d)(3)(v)
Methods of Analysis for Phosphoric Acid,                      63.14(h); 
  Superphosphate, Triple Superphosphate, and          63.606(c)(3)(ii); 
  Ammonium Phosphates, Section XI, No. 3, Method B    63.626(c)(3)(ii), 
  (7th edition, 1991).                                         (d)(3)(v)
Methods of Analysis for Phosphoric Acid,                      63.14(h); 
  Superphosphate, Triple Superphosphate, and          63.606(c)(3)(ii); 
  Ammonium Phosphates, Section XI, No. 3, Method C    63.626(c)(3)(ii), 
  (7th edition, 1991).                                         (d)(3)(v)


Association of Official Analytical Chemists (AOAC International)

  Customer Services, 2200 Wilson Blvd., Suite 400, 
  Arlington, VA 22201-3301; Telephone: (703) 522-
  3032, FAX: (703) 522-5468
AOAC Official Method 929.01, Sampling of Solid                63.14(g); 
  Fertilizers (16th edition, 1995).                     63.626(d)(3)(vi)
AOAC Official Method 929.02, Preparation of                   63.14(g); 
  Fertilizer Sample (16th edition, 1995).               63.626(d)(3)(vi)
AOAC Official Method 957.02, Phosphorus (Total) in            63.14(g); 
  Fertilizers, Preparation of Sample Method (16th       63.626(d)(3)(vi)
  edition, 1995).
AOAC Official Method 958.01, Phosphorus (Total) in            63.14(g); 
  Fertilizers, Spectrophotometric Molybdophosphate      63.626(d)(3)(vi)
  Method (16th edition, 1995).
AOAC Official Method 962.02, Phosphorus (Total) in            63.14(g); 
  Fertilizers, Gravimetric Quinolinium                  63.626(d)(3)(vi)
  Molybdophosphate Method (16th edition, 1995).
AOAC Official Method 969.02, Phosphorus (Total) in            63.14(g); 
  Fertilizers, Alkalimetric Quinolinium                 63.626(d)(3)(vi)
  Molybdophosphate Method (16th edition, 1995).
AOAC Official Method 978.01, Phosphorus (Total) in            63.14(g); 
  Fertilizers, Automated Method (16th edition,          63.626(d)(3)(vi)
  1995).


National Council of the Paper Industry for Air and Stream Improvements, 
Inc. (NCASI)

  P.O. Box 13318, Research Triangle Park, NC 
  27709-3318
NCASI Method DI/MEOH-94.02, Methanol in Process               63.14(e); 
  Liquids by GC/FID (Gas Chromatography/Flame           63.457(c)(3)(ii)
  Ionization Detection), August 1998.


U.S. Government Printing Office

  Washington, DC 20402-9371; Telephone: (202) 512-
  1800; Telefacsimile: (202) 275-0019

[[Page 1215]]

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).


State Regulatory Requirements (PART 63)

  California; EPA Approved Regulatory Requirements 
  Applicable to the Air Toxics Program, August 1, 
  1997
California; EPA Approved Regulatory Requirements                63.99(a)
  Applicable to the Air Toxics Program, April 6, 
  1998.
California; EPA Approved Regulatory Requirements                63.99(a)
  Applicable to the Air Toxics Program, January 5, 
  1999.



[[Page 1217]]



                    Table of CFR Titles and Chapters




                      (Revised as of June 23, 2000)

                      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)
         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)

[[Page 1218]]

     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      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)
    LXXIII  Department of Agriculture (Part 8301)
     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

[[Page 1219]]

         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
      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 the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)

[[Page 1220]]

    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)
    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--599)

                 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, 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)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      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)

[[Page 1221]]

        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (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)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    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)

[[Page 1222]]

        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          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)

[[Page 1223]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (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)

[[Page 1224]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         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, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities 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)

[[Page 1225]]

                           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)

           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)

[[Page 1226]]

       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)
       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)

[[Page 1227]]

       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)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       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)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       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)

[[Page 1228]]

             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)
         X  Presidio Trust (Parts 1000--1099)
        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)
        XV  Oklahoma City National Memorial Trust (Part 1501)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          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)

[[Page 1229]]

        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)
       102  Federal Management Regulation (Parts 102-1--102-299)
       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
       300  General (Parts 300-1--300.99)
       301  Temporary Duty (TDY) 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 (Part 303-70)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)

[[Page 1230]]

       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  Corporation for National and Community Service (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)
     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)

[[Page 1231]]

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Transportation (Parts 400--499)
        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  United States 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  Broadcasting Board of Governors (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)
        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)

[[Page 1232]]

        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 Motor Carrier Safety 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)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)

[[Page 1233]]

        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
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 1235]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of June 23, 2000)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  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
  Food and Nutrition 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
  Procurement and Property Management, Office of  7, XXXII
  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
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
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 1236]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
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
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
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, VI
  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
Corporation for National and Community Service    45, XII, XXV
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; 
                                                  40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 1237]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  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 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
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
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
Environmental Protection Agency                   5, LIV; 40, I, VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV

[[Page 1238]]

Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  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
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
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 Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
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
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 Nutrition 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; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
     Expenses
[[Page 1239]]

  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) 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
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
  Multifamily Housing Assistance Restructuring,   24, IV
       Office of
  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 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

[[Page 1240]]

  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
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

[[Page 1241]]

Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Multifamily Housing Assistance Restructuring,     24, IV
     Office of
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 and Community Service, Corporation for   45, XII, XXV
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 Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
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 Imagery and Mapping Agency               32, I
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, VI
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
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
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
Oklahoma City National Memorial Trust             36, XV
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

[[Page 1242]]

  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
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 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
  Coast Guard (Great Lakes Pilotage)              46, III
  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
  Federal Motor Carrier Safety Administration     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

[[Page 1243]]

  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 Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Statistics Brureau                 49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
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 1245]]



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--1991

                       (No Regulations Published)

                                  1992

40 CFR
                                                                   57 FR
                                                                    Page
Chapter I
63  Added..........................................................61992

                                  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

                                  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

[[Page 1246]]

63.171  (e) revised................................................48177
63.172  (b) and (k)(2) revised.....................................48177
63.174  (b)(1), (2), (3)(i) and (f)(2) revised; (b)(3)(ii) and 
        (h)(1) introductory text amended...........................48177
63.180  (b)(2) amended; (c) introductory text revised..............48177
63.181  (b)(1)(i) amended; (d)(5)(i) revised.......................48177
63.182  (a)(6)(ii), (c) introductory text and (4) revised..........48178
63.190--63.193 (Subpart I)  Added..................................19587
63.190  (b)(5), (c) and (e) introductory text revised; (b)(6)(i) 
        removed....................................................48178
    (h) added......................................................53360
    (i) added......................................................54132
63.191  (a) revised; (b) amended...................................48178
63.192  (b)(4) through (8), (e), (i)(1), (2) and (k) revised.......48178
63.300--63.313 (Subpart L)  Appendix A corrected....................1992
63  Appendix A  corrected...........................................1992
    Appendix A  amended............................................19590
    Appendix C  added..............................................19605
63.360--63.367 (Subpart O)  Added..................................62589
63.400--63.406 (Subpart Q)  Added..................................46350
63.420--63.429 (Subpart R)  Added..................................64318
63.460--63.469 (Subpart T)  Added..................................61805
63.460  (d) corrected..............................................67750
63.460--63.469 (Subpart T)  Appendixes A and B added...............61818
63.701--63.708 (Subpart EE)  Added.................................64596

                                  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

[[Page 1247]]

    (b) introductory text and (e)(2) revised; (b)(7) and (e)(3) 
through (6) added..................................................18025
63.191  (b) amended.........................................18026, 18030
63.192  (l) and (m) added..........................................18026
    (b)(6) redesignated as (b)(6)(i); (b)(6)(ii) added.............18030
63.340--63.347 (Subpart N)  Added...................................4963
63.342  (f)(3)(iv) corrected.......................................33122
63.343  (a)(2) and (5) corrected...................................33122
63.340--63.347 (Subpart N)  Appendix A corrected............33122, 33123
63.420  (i) added..................................................43260
    (j) added......................................................62992
63.422  (b) corrected; (d) added...................................32913
63.425  (g)(3) corrected.....................................7627, 32913
63.460  (a) and (d) corrected......................................29485
63.461  Corrected..................................................29485
63.462  (d) correctly revised......................................29485
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

                                  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
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

[[Page 1248]]

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
63.940--63.948 (Subpart QQ)  Added.................................34190
63.960--63.966 (Subpart RR)  Added.................................34193
63.1040--63.1049 (Subpart VV)  Added...............................34195

                                  1997

40 CFR
                                                                   62 FR
                                                                    Page
63  State operating permit program approvals.........15402, 15404, 30995
    Authority delegation notices............................32033, 36460
63.14  (d)(1) revised..............................................65024
63.99  (a)(5)(ii) introductory text and (A) introductory text 
        revised; (a)(5)(ii)(B) added...............................65025

[[Page 1249]]

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
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

[[Page 1250]]

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
63.342  (f)(3)(i) introductory text amended........................42920
63.343  (b)(1) revised; (c)(1)(ii), (2)(ii), (4)(ii), (5)(ii) 
        introductory text and (6)(ii) introductory text amended....42920
63.347  (e)(4) revised; interim..............................4465, 42921
63.360--63.367 (Subpart O)  Stayed; eff. 12-4-97 to 12-6-98........64738
63.420  (a)(1) and (b)(1) amended; (f) revised......................9092
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
63.485  (o) introductory text revised..............................37722
63.502  (a) revised; (j) added.....................................37722
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
63.800--63.808 (Subpart JJ)  Table 3 amended.......................30260
63.801  Amended....................................................30260
    Amended; eff. 8-8-97...........................................31363
63.840--63.859 (Subpart LL)  Added.................................52407

                                  1998

40 CFR
                                                                   63 FR
                                                                    Page
63  Authority delegation notices...............1746, 24116, 64632, 70675
    Notice..........................................................2630
63.11  (b)(6) and (8) revised......................................24444
63.14  (d)(1) revised; eff. 7-13-98................................26465
    (b)(19) and (c)(3) added.......................................50326
    (b) introductory text revised; (b)(20) and (e) added...........53996
63.99  (a)(5)(ii) introductory text revised; (a)(5)(ii)(C) added; 
        eff. 7-13-98...............................................26466
    (a)(28) added; eff. 7-27-98....................................28909
    (a)(3) added...................................................38480
    (a)(3) revised.................................................63993
    (a)(47) added..................................................66061
63.100  (b)(1), (d) introductory text, (3) introductory text, (k) 
        introductory text, (l)(1)(ii) and (2)(ii) revised; 
        (g)(2)(iii), (h)(2)(iv) and (i)(2)(iv) amended; (d)(4), 
        (g)(2)(iii)(A), (B), (h)(2)(iv)(A), (B), (i)(2)(iv)(A), 
        (B) and (p) added..........................................26081
63.106  (b)(6) added...............................................26082
63.100--63.106 (Subpart F)  Table 1 amended........................26082
63.111  Amended....................................................67792
63.145  (h) introductory text and (2) revised......................67793
63.110--63.152 (Subpart G)  Appendix amended.......................67793
63.360  (g)(1), (2) and (3) revised; (g)(4), (5) and (6) added.....66994
63.404  Introductory text and (b) revised; (c) and (d) added.......39519
63.440--63.458 (Subpart S)  Added..................................18616
63.440  (d)(3)(ii) introductory text and (B) revised...............71389
63.446  (i) correctly revised......................................42239
    (g) revised....................................................49459
63.447  (d)(1) correctly revised...................................42239
63.460  (c) and (d) revised; (g) added.............................68400
63.461  Amended....................................................24751
63.470  Added......................................................24751
    Removed........................................................68400
63.542  Amended....................................................45011
63.543  (g) revised................................................45011
63.544  (g) redesignated as (h); new (g) added.....................45011

[[Page 1251]]

63.546  (a) revised................................................45011
63.547  (b) revised................................................45011
63.548  (e) introductory text revised; (k) added...................45011
63.640  (k)(2)(vii), (n)(1), (3) and (6) and (o)(2) revised; 
        (n)(8), (9) and (r) added..................................13537
    Regulation at 63 FR 13537 withdrawn............................27212
    (k)(2)(vii), (n)(1), (3), (6) and (o)(2) revised; (n)(8), (9) 
and (r) added......................................................44140
63.641  Amended....................................................13539
    Amended; eff. 8-18-98..........................................31361
    Regulation at 63 FR 13539 withdrawn............................27212
    Amended........................................................44141
63.644  (a) introductory text amended..............................13539
    Regulation at 63 FR 13539 withdrawn............................27212
    (a) amended....................................................44141
63.645  (f)(4) amended; (f)(5) revised.............................13539
    Regulation at 63 FR 13539 withdrawn............................27212
    (f)(4) amended; (f)(5) revised.................................44141
63.648  (e) revised................................................13539
    Regulation at 63 FR 13539 withdrawn............................27212
    (e) revised....................................................44141
63.653  (d)(1) revised; eff. 8-18-98...............................31361
63.654  (a), (g)(3)(i) introductory text and (h)(6) introductory 
        text amended; (d)(1), (f) introductory text, (1)(i)(A), 
        (ii) and (h)(1) revised; (f)(6) and (i)(5) added; 
        (g)(3)(i)(B) removed; (g)(3)(i)(C) and (D) redesignated as 
        (g)(3)(i)(B) and (C).......................................13539
    Regulation at 63 FR 13539 withdrawn............................27212
    (a) and (h)(6) amended; (d)(1), (f) introductory text and 
(1)(i)(A) revised; (f)(6) added....................................44141
63.640--63.654 (Subpart CC)  Appendix amended......................13540
    Regulation at 63 FR 13540 withdrawn............................27212
    (Subpart CC)  Appendix amended..........................44142, 44143
63.741  (b) revised; (c) introductory text, (2), (3) and (4) 
        revised; (f) amended; (c)(7), (h), (i) and (j) added.......15016
    (f) and (i) amended; (j) revised...............................46532
63.742  Amended.............................................15017, 46533
63.743  (a) introductory text, (b) introductory text and (c) 
        revised; (a)(10) and (d) added.............................15017
63.744  (c) introductory text and (e)(12) amended; (e)(13) added; 
        Table 3 redesignated as Table 1; (a) introductory text, 
        (1), (2), (b) introductory text, (1), (c)(1)(ii), (2), 
        (4), (d), (e)(1), (2) (9), (10), (11) and new Table 1 
        revised....................................................15018
    Corrected......................................................17930
    63.744  (b)(3) amended; (c)(5) added; Table 1 revised..........46533
63.745  (f)(2) (g)(4)(viii) and (ix) amended; (g)(2)(iv) removed; 
        (g)(2)(v) and (vi) redesignated as (g)(2)(iv) and (v); 
        (e)(1), (2), (f) introductory text, (1) introductory text, 
        (g)(2)(i), (ii), (iii), new (iv) and (v) revised; 
        (g)(4)(x) added............................................15019
63.746  (a) introductory text and (b)(4)(v) amended; (b)(1), (3), 
        (4)(i), (ii), (iii)(C), (4)(iv) and (c)(1) revised; (c)(2) 
        and (3) added..............................................15020
    (c)(1) through (4) and (g)(2)(v) revised.......................46533
63.746  (b)(4)(ii)(C) added........................................46533
63.747  (c)(1), (2) and (e)(2) revised.............................15021
63.749  (a), (b), (d)(3)(iii)(B), (4)(iii), (f)(3)(ii)(A) and 
        (h)(3)(i) revised..........................................15021
63.750  (b)(2), (e)(2) amended; (c)(1), (e)(1), (g)(3)(ii), 
        (9)(i), (i)(1), (2)(iii), (j) introductory text, (1), (3), 
        (k) introductory text, (1), (l)(4) and (n)(3) revised; 
        (i)(2)(iv) and (o) added...................................15021
    (b)(2) and (i)(2)(iv) amended..................................46534
63.751  (b)(6)(ii)(A) and (iii)(A)(2) introductory text amended; 
        (b)(6)(iii) introductory text, (D), (c)(1), (2) and (d) 
        revised....................................................15023
    (b)(6)(iv) redesignated as (b)(6)(v); (b)(6)(iii)(D), (c)(2) 
and (d) revised; new (b)(6)(iv) revised............................46534
63.752  (b)(1), (e)(1)(ii), (6) and (f) introductory text revised; 
        (d)(4) removed.............................................15023
    (c)(2) introductory text, (d)(2), (3) and (e)(7) revised.......46534

[[Page 1252]]

63.753  (a)(1) introductory text and (d)(2)(i) revised.............15023
    (c)(1)(vi) and (d)(1)(vii) revised.............................46535
63.741--63.759 (Subpart GG)  Table 1 added.........................15024
    Appendix A added...............................................15026
63.753  (c)(1)(vi) and (d)(1)(vii) revised.........................46535
63.801  Amended....................................................71380
63.803  (c)(1), (d), (f), (i), (j) and (l)(6) revised..............71380
63.800--63.808 (Subpart J)  Table 2 revised........................71381
    Tables 4 and 5 revised.........................................71382
    Table 6 revised................................................71383

                                  1999

40 CFR
                                                                   64 FR
                                                                    Page
Chapter I
63  Clarification...................................................5188
    Technical correction............................................7793
    Authority delegation notices.....................19922, 42764, 59650
    State rule adjustment..........................................72568
63.8  (g)(5) amended................................................7468
63.9  (b)(4)(iv) removed............................................7468
63.10  (b)(2)(vii)(A), (B) and (C) added; (e)(3)(i)(C) removed......7468
63.13  (a) amended.................................................66061
63.14  (d)(1) revised...............................................4300
    (f) added......................................................17562
    (g) and (h) added..............................................31375
63.42  (b) revised; eff. 7-30-99...................................35032
63.51  Amended..............................................18827, 26314
    Regulation at 64 FR 18827 withdrawn............................26311
63.99  (a)(5)(ii) introductory text and (A) introductory text 
        revised; (a)(5)(ii)(A)(1)(i) and (B)(1)(i) amended; 
        (a)(5)(ii)(D) added.........................................4300
    (a)(5)(ii)(E) added............................................12766
    (a)(47)(i) table revised.......................................19721
    (a)(2) added...................................................24291
    (a)(3) amended; eff. 8-27-99...................................34563
63.100  (g)(4) revised; (h)(3) and (i)(5) amended..................20191
63.116  (c)(3)(iii)(B) revised.....................................20191
63.129  (a)(4)(ii) revised.........................................20191
63.133  (h) amended................................................20191
63.134  (b)(2)(ii)(B) amended......................................20191
63.139  (d)(4) introductory text revised...........................20192
63.145  (c)(2) revised; (d)(6) amended; (i) introductory text 
        added......................................................20192
63.146  (b)(8) introductory text revised; (b)(8)(i) introductory 
        text amended...............................................20192
63.147  (b)(4) and (5) revised.....................................20192
63.148  (b)(3) and (c) introductory text revised; (c)(4)(ii) 
        amended....................................................20192
63.150  (g)(5), (h)(5), (j)(2)(ii)(B) and (m)(5)(i) revised; 
        (j)(2) amended.............................................20192
63.151  (j)(3) revised.............................................20195
63.152  (c)(2)(ii)(C) and (d)(1) revised...........................20195
63.110--63.152 (Subpart G)  Appendix amended.......................20195
63.160  (a) revised................................................20198
63.163  (b)(1) amended.............................................20198
63.164  (h) amended................................................20198
63.173  (j) introductory text amended..............................20198
63.181  (b)(7) introductory text and (g)(3) introductory text 
        revised....................................................20198
63.320  (k) revised................................................69643
63.340  (e)(2) revised.............................................69643
63.360  (g)(4), (5) and (6) revised; (g)(7) through (10) added; 
        interim....................................................67793
    (f) revised....................................................69643
63.441  Amended....................................................17563
63.443  (b)(1) revised.............................................17563
63.445  (a)(2) and (b) revised.....................................17563
63.446  (b), (d)(1) and (e)(3) revised.............................17563
63.447  (e)(2), (g)(1)(ii) and (2) revised.........................17563
63.450  (b) revised................................................17563
63.453  (b), (k)(6)(ii) and (l) revised............................17563
63.457  (b)(5) introductory text, (ii)(C), (E)(7), (6), (c)(2), 
        (3) introductory text, (4)(i), (f)(1), (h) and (m)(1)(ii) 
        revised; (c)(3)(ii) redesignated as (c)(3)(iii); new 
        (c)(3)(ii) added...........................................17564
63.440--63.458 (Subpart S)  Table 1 amended........................17564
63.461  Amended.............................................45193, 67798
    Regulation at 64 FR 45193 withdrawn............................56173
63.462  (c) introductory text and (8) revised; (c)(9) added.......45194, 
                                                                   67799
    Regulation at 64 FR 45194 withdrawn............................56173

[[Page 1253]]

63.463  (a) introductory text, (c) introductory text, (d) 
        introductory text, (e) introductory text and (2) 
        introductory text revised; (e)(2)(viii), (ix), (x) and (g) 
        added......................................................45194
    Regulation at 64 FR 45194 withdrawn............................56173
    (a) introductory text, (c) introductory text, (d) introductory 
text, (e) introductory text and (2) revised; (e)(2)(viii) through 
(xi), (g) and (h) added............................................67799
63.464  (d) added..................................................67801
63.465  (f) added..................................................45195
    Regulation at 64 FR 45195 withdrawn............................56173
    (a), (b) and (c) introductory text revised; (f), (g) and (h) 
added..............................................................67801
63.466  (a) introductory text revised; (a)(3), (4) and (5) added 
                                                                   45196
    Regulation at 64 FR 45196 withdrawn............................56173
    (a) introductory text revised; (a)(3), (4) and (5) added.......67802
63.467  (a) introductory text revised; (a)(6) and (7) added........45196
    Regulation at 64 FR 45196 withdrawn............................56173
    (a) introductory text and (c) introductory text revised; 
(a)(6), (7) and (e) added..........................................67802
63.468  (j) revised.........................................37687, 69643
63.481  (d)(1)(ii) and (iii) revised; (d)(1)(iv) added.............11542
    (b), (c) and (d)(6) revised; eff. 8-30-99......................35028
63.482  (b) amended................................................11542
63.485  (a) revised; (v) added.....................................11542
    Regulation at 64 FR 11542 withdrawn............................24511
63.487  (b)(2) revised.............................................11542
63.488  (a)(2) revised.............................................11542
63.490  (e) introductory text revised; (e)(3) added................11542
63.491  (b)(4) introductory text revised; (b)(5) added.............11542
63.495  (b)(3) revised; (e) added..................................11543
63.503  (a) introductory text, (2), (3), (c) introductory text, 
        (2), (5)(i), (ii), (d)(5), (e)(3)(ii), (5), (g)(1), 
        (2)(ii)(A), (iii)(B)(1), (2), (3), (5), (7)(ii)(A), (h)(1) 
        introductory text, (3), (5), (6)(ii) introductory text, 
        (7)(ii) introductory text, (i) introductory text, (1) 
        introductory text, (iii), (2), (3), (5) introductory text, 
        (i), (j)(2) introductory text, (ii)(B), (D), (E), (iv), 
        (v), (k) introductory text, (4) introductory text, 
        (m)(1)(i), (ii), (iii), (2)(i), (ii), (3)(i), (ii), (iii), 
        (4)(ii) and (5)(i) through (iv) revised....................11543
63.505  (e)(1)(ii) revised.........................................11547
63.506  (e)(4)(ii)(H)(1) revised...................................11547
63.541  (c) added...................................................4572
    (c) revised....................................................69643
63.546  (a) revised.................................................4572
63.600--63.610 (Subpart AA)  Added.................................31376
63.620--63.631 (Subpart BB)  Added.................................31382
63.680  (a)(2)(v), (b)(1)(ii), (iii), (2)(v), (vi), (c), (d) and 
        (e) revised; (b)(2)(viii) added............................38963
63.681  Amended....................................................38964
63.683  Revised....................................................38965
63.684  (a), (b) introductory text, (1)(ii), (3) introductory 
        text, (4) introductory text, (5), (d) through (g) revised 
                                                                   38967
63.685  (b), (c)(2), (f)(1)(ii)(A), (g)(2)(i)(B), (h)(2), (3) and 
        (i) introductory text revised; (i)(3) added................38968
63.686  (b) introductory text revised; (b)(3) added................38969
63.687  (b) introductory text revised..............................38969
63.688  (b) and (c) revised........................................38969
63.689  (b), (c), (d) introductory text and (5) introductory text 
        revised....................................................38970
63.690  Revised....................................................38970
63.691  Revised....................................................38970
63.693  Revised....................................................38970
63.694  (a)(12) and (m) added; (b)(2)(ii), (iii), (3)(i), (c), (e) 
        through (i) and (k) revised................................38974
63.695  Revised....................................................38977
63.697  (a) and (b) revised........................................38981

[[Page 1254]]

63.680--63.698 (Subpart DD)  Table 1 revised.......................38981
    (Subpart DD)  Table 2 revised..................................38983
63.703  (c)(4)(i), (ii) and (iii) revised..........................17464
63.760--63.779 (Subpart HH)  Added.................................32628
63.901  Amended....................................................38985
63.902  (a) and (b)(3) introductory text revised...................38986
63.905  Revised....................................................38986
63.906  (a)(2) and (b)(2) revised; (d) added.......................38986
63.921  Amended....................................................38987
63.925  (a) revised................................................38987
63.926  (a) revised................................................38988
63.941  Amended....................................................38988
63.945  Revised....................................................38988
63.946  (a)(2) and (b)(1)(ii) revised; (d) added...................38989
63.961  Amended....................................................38989
63.962  (b) revised................................................38990
63.964  (b)(2) revised.............................................38990
63.965  (b) revised................................................38991
63.966  Revised....................................................38991
63.980--63.999 (Subpart SS)  Added.................................34866
63.981  Amended....................................................63704
63.982  (f)(1) revised.............................................63705
63.983  (b)(1)(i)(B) revised.......................................63705
63.987  (c) amended................................................63705
63.998  (a)(1)(iii)(A) and (2)(ii)(A) amended; (a)(2)(ii)(B)(6) 
        revised....................................................63705
63.999  (c)(6)(i) and (iv) amended.................................63705
63.1000--63.1018 (Subpart TT)  Added...............................34886
63.1000  (c)(2) revised............................................63705
63.1001  Amended...................................................63705
63.1002  Heading, (a) heading and (b) introductory text revised....63705
63.1003  (c)(2) amended; (c)(5)(i) and (e)(1) revised..............63705
63.1004  (c)(1) introductory text amended; (c)(1) revised..........63706
63.1005  (d) revised...............................................63706
63.1012  (f)(1) amended............................................63706
63.1019--63.1039 (Subpart UU)  Added...............................34899
63.1026  (e)(6) revised............................................63706
63.1029  (b)(1) amended............................................63706
63.1041  Revised...................................................38991
63.1045  Added.....................................................38991
63.1046  (a) and (b)(3) revised....................................38991
63.1047  (a)(2) and (c)(1)(ii) revised; (e) added..................38992
63.1060--63.1066 (Subpart WW)  Added...............................34918
63.1100--63.1113 (Subpart YY)  Added...............................34921
63.1100  (g)(5) added..............................................63698
    (d)(4) introductory text amended; (d)(4)(ii) introductory text 
revised............................................................63706
63.1101  Amended............................................63699, 63706
63.1103  (a)(3) table 1, (b)(3)(i) table 2 and (d)(3) tables 5 and 
        6 amended..................................................63699
    (b)(3)(i) table 2 and (d)(3) table 5 amended; (d)(3) table 6 
revised............................................................63706
    (d) Table 5 corrected..........................................71852
63.1104  (f) introductory text and (j)(1) revised..................63708
63.1106  Added.....................................................63701
63.1108  (b)(1) and (2) amended....................................63708
63.1110  (e)(2) revised............................................63709
63.1155--63.1174 (Subpart CCC)  Added..............................33218
63.1175--63.1196 (Subpart DDD)  Added..............................29503

                                  2000

   (Regulations published from January 1, 2000, through July 1, 2000)

40 CFR
                                                                   65 FR
                                                                    Page
Chapter I
63  Authority delegation notice....................................20754
    Interpretation...................................21363, 34010, 34012
63.99  (a)(47)(i) table revised....................................10395
    (a)(3) revised.................................................11233
63.101  Amended; eff. 7-7-00.......................................26497
63.480  (a) through (f), (g) introductory text, (1) through (4), 
        (6), (7), (8), (h) introductory text, (1) through (4), 
        (6), (7), (i) introductory text, (1) introductory text, 
        (i), (ii), (2)(i) introductory text, (A), (ii), (iii), 
        (3), (4), (5) and (j) revised; (i)(6) added................38036
63.481  Heading, (a), (b), (c), (d) introductory text, (1) 
        introductory text, (2) introductory text, (i), (ii), (iv), 
        (3), (4) introductory text, (5), (6), (e), (h)(2), (i) and 
        (j) revised; (k), (l) and (m) added........................38042
63.482  (a) revised; (b) amended...................................38044

[[Page 1255]]

63.483  (a) introductory text, (b) and (c) revised; (d) added......38048
63.484  (a), (b)(2), (c) through (h), (i) introductory text, (1), 
        and (j) through (q) revised; (r) and (s) added.............38049
63.485  Revised....................................................38049
63.486  Revised....................................................38052
63.487  (a) introductory text, (1)(i), (b) introductory text, 
        (1)(i), (2), (c)(1), (2), (e), (f), and (g) revised; (h) 
        added......................................................38052
63.488  (a)(1), (b) introductory text, (1), (2), (3), (4)(i) 
        introductory text, (A) through (D), (ii)(B)(1), (iii), (5) 
        introductory text, (i), (ii), (iii) introductory text, 
        (A), (B), (iv), (v) introductory text, (A), (6), (d), (e) 
        introductory text, (1) introductory text, (i), (iii), (2), 
        (3), (g), (h)(1) introductory text, (iii), (iv), (h)(2), 
        (i) introductory text, (1), (2) and (3) revised; (b)(9) 
        added......................................................38054
63.489  Heading, (a) introductory text, (2), (b) introductory 
        text, (4) introductory text, (ii), (7), (c) introductory 
        text, (d) introductory text, (2), (e)(1) introductory 
        text, (ii) and (3) revised; (d)(3) removed.................38059
63.490  (a), (b) introductory text, (3), (5), (c) introductory 
        text, (1)(i)(A), (B) introductory text, (C), (D), (ii), 
        (iii) introductory text, (A), (v), (2) introductory text, 
        (d)(1), (2)(ii), (3), (4), (5), (e) and (f) revised; 
        (b)(6) removed.............................................38060
63.491  (a) introductory text, (1), (2), (3)(i), (4), (7), (8), 
        (9), (b) introductory text, (1), (2), (3)(ii), (iii), 
        (4)(iv), (d)(1), (2), (e) introductory text, (1)(i), (ii), 
        (2) introductory text, (i), (ii), (3), (4) introductory 
        text, (i) and (f) revised; (g) added; (e)(4)(ii) removed 
                                                                   38063
63.492  (a) introductory text, (b), (c) introductory text, (2), 
        (d), (e) and (f) revised; (a)(5) and (6) added; (c)(3) 
        removed....................................................38065
63.493  Revised....................................................38065
63.494  (a) introductory text, (1)(i), (2)(i), (3)(i) and (4) 
        revised; (d) added.........................................38065
63.495  (b)(2)(i), (ii), (5) and (f) revised.......................38066
63.496  (b) introductory text, (5)(i), (iii), (6)(iv), (7) 
        introductory text, (i), (iv), (8) introductory text and 
        (c)(1) revised; (b)(7)(vi) added...........................38066
63.497  (a) introductory text, (6), (c) and (d) introductory text 
        revised; (d)(3) removed....................................38067
63.498  (a), (d) introductory text, (1) through (4), (5) 
        introductory text, (i), (ii)(B), (iv) introductory text 
        and (A) revised; (d)(5)(iv)(B) removed.....................38068
63.499  (a), (b)(2), (c) introductory text, (3) and (d) 
        introductory text revised..................................38068
63.500  (a)(3), (c)(1) introductory text, (iii) introductory text, 
        (2) introductory text and (d)(2) revised...................38068
63.501  (a), (b) and (c)(1) revised; (d) removed...................38069
63.502  Heading, (a), (b) introductory text, (1), (2), (3), (5), 
        (6), (7), and (c) through (j) revised; (k) through (n) 
        added......................................................38070
63.503  (e)(3)(ii), (g)(2)(iii)(B)(2), (h)(1) introductory text, 
        (7)(ii) introductory text, (i)(1) introductory text and 
        (m)(3)(iii) revised........................................38071
63.504  Revised....................................................38073
63.505  (a), (b) introductory text, (2), (3) introductory text, 
        (i)(A) through (D), (ii), (c), (d), (e) introductory text, 
        (3), (g)(1) introductory text, (ii), (iii), (2) 
        introductory text, (ii), (h)(1) introductory text and (2) 
        introductory text revised; (b)(1), (3)(i)(E) and (f) 
        removed; (g)(1)(v) and (3) added...........................38073

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63.506  (a), (b)(1), (2), (d) introductory text, (2), (3), (6) 
        through (9), (e) introductory text, (1), (2), (3), (4) 
        introductory text, (i), (ii) introductory text, (B), (D), 
        (F)(1), (2), (4), (5), (G)(1), (H)(2), (3)(i), (4)(i), 
        (I), (J), (K), (L)(2), (iii), (iv) introductory text, (A) 
        introductory text, (B) introductory text, (C), (5) 
        introductory text, (i) introductory text, (A), (ii) 
        introductory text, (iii), (v), (vii), (viii), (ix), (6) 
        introductory text, (i), (ii), (iii)(A), (B), (D) 
        introductory text, (2), (3), (4), (iv), (v)(B), (vi) 
        through (xi), (7) introductory text, (i), (ii), (iii), 
        (8), (f) introductory text, (3) introductory text, (g) 
        introductory text, (1), (2)(ii)(D), (3) introductory text, 
        (i)(A), (4), (h) introductory text, (1) introductory text, 
        (ii)(B), (iv), (vi) introductory text, (B), (C), (2)(i), 
        (iii) and (iv)(A) revised; (b)(1)(i)(D), (d)(4), (5), 
        (10), (c), (e)(5)(iv) and (6)(iii)(C) removed; 
        (e)(4)(ii)(N), (5)(x), (xi), (xii), (6)(iii)(D)(5), (xii), 
        (7)(iv), (v) and (h)(1)(vi)(D) added.......................38076
63.480--63.506 (Subpart U)  Tables 1, 2 and 5 through 8 revised; 
        Table 9 added..............................................38084
63.522  Amended; eff. 7-7-00.......................................26497
63.641  Amended; eff. 7-7-00.......................................26498