[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          40


          Part 63 (Sec. Sec.  63.600 to 63.1199)

                         Revised as of July 1, 2009


          Protection of Environment




________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2009
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     603
      Alphabetical List of Agencies Appearing in the CFR......     623
      List of CFR Sections Affected...........................     633

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 63.600 refers 
                       to title 40, part 63, 
                       section 600.

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

[[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 
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    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2009), 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 
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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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
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INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
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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.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed 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 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
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    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

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in the Code of Federal Regulations.

INQUIRIES

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    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    July 1, 2009.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-two 
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 
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part 
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts 
72-80, parts 81-84, part 85-Sec.  86.599-99, part 86 (86.600-1-end of 
part 86), parts 87-99, parts 100-135, 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, parts 790-999, and part 1000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2009.

    Chapter I--Environmental Protection Agency appears in all thirty-two 
volumes. Regulations issued by the Council on Environmental Quality, 
including an Index to Parts 1500 through 1508, appear in the volume 
containing part 1000 to end. The OMB control numbers for title 40 appear 
in Sec.  9.1 of this chapter.

    For this volume, Robert J. Sheehan, III was Chief Editor. The Code 
of Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.


[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




       (This book contains part 63, Sec. Sec. 63.600 to 63.1199)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000.

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part                                                                Page
63              National emission standards for hazardous 
                    air pollutants for source categories....           5

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (Continued)





PART 63_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE
CATEGORIES--Table of Contents




Subpart AA_National Emission Standards for Hazardous Air Pollutants From 
                  Phosphoric Acid Manufacturing Plants

Sec.
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.
63.611 Implementation and enforcement.

Appendix A to Subpart AA--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.
63.632 Implementation and enforcement.

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

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 Implementation and enforcement.
63.656-63.679 [Reserved]

Appendix to Subpart CC--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 Implementation and enforcement.

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)

[[Page 6]]

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 Implementation and enforcement.

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.
63.754-63.758 [Reserved]
63.759 Implementation and enforcement.

Table 1 to Subpart GG--General Provisions Applicability to Subpart GG
Appendix A to Subpart GG--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]
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 Implementation and enforcement.
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.
63.789 Implementation and enforcement.

Table 1 to Subpart II--General Provisions of Applicability to Subpart II
Table 2 to Subpart II--Volatile Organic HAP (VOHAP) Limits for Marine 
          Coatings
Table 3 to Subpart II--Summary of Recordkeeping and Reporting 
          Requirements
Appendix A to Subpart II--VOC Data Sheet
Appendix B to Subpart II--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 Implementation and enforcement.
63.809-63.819 [Reserved]

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

[[Page 7]]

Table 2 to Subpart JJ--List of Volatile Hazardous Air Pollutants
Table 3 to Subpart JJ--Summary of Emission Limits
Table 4 to Subpart JJ--Pollutants Excluded From Use in Cleaning and 
          Washoff Solvents
Table 5 to Subpart JJ--List of VHAP of Potential Concern Identified by 
          Industry
Table 6 to Subpart JJ--VHAP of Potential Concern

 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 Implementation and enforcement.
63.832-63.839 [Reserved]

Table 1 to Subpart KK--Applicability of General Provisions to Subpart KK
Appendix A to Subpart KK--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 Implementation and enforcement.
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 MM_National Emission Standards for Hazardous Air Pollutants for 
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-
                      Alone Semichemical Pulp Mills

63.860 Applicability and designation of affected source.
63.861 Definitions.
63.862 Standards.
63.863 Compliance dates.
63.864 Monitoring requirements.
63.865 Performance test requirements and test methods.
63.866 Recordkeeping requirements.
63.867 Reporting requirements.
63.868 Delegation of authority.

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

        Subpart OO_National Emission Standards for Tanks_Level 1

63.900 Applicability.
63.901 Definitions.
63.902 Standards--Tank fixed roof.
63.903-63.904 [Reserved]
63.905 Test methods and procedures.
63.906 Inspection and monitoring requirements.
63.907 Recordkeeping requirements.
63.908 Implementation and enforcement.

          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.
63.929 Implementation and enforcement.

     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]

[[Page 8]]

63.945 Test methods and procedures.
63.946 Inspection and monitoring requirements.
63.947 Recordkeeping requirements.
63.948 Reporting requirements.
63.949 Implementation and enforcement.

   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.
63.967 Implementation and enforcement.

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 [Reserved]
63.992 Implementation and enforcement.
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.
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.

[[Page 9]]

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.
63.1050 Implementation and enforcement.

   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.
63.1067 Implementation and enforcement.

   Subpart XX_National Emission Standards for Ethylene Manufacturing 
        Process Units: Heat Exchange Systems and Waste Operations

                              Introduction

63.1080 What is the purpose of this subpart?
63.1081 When must I comply with the requirements of this subpart?

                               Definitions

63.1082 What definitions do I need to know?

                 Applicability for Heat Exchange Systems

63.1083 Does this subpart apply to my heat exchange system?
63.1084 What heat exchange systems are exempt from the requirements of 
          this subpart?

                    Heat Exchange System Requirements

63.1085 What are the general requirements for heat exchange systems?

            Monitoring Requirements for Heat Exchange Systems

63.1086 How must I monitor for leaks to cooling water?

              Repair Requirements for Heat Exchange Systems

63.1087 What actions must I take if a leak is detected?
63.1088 In what situations may I delay leak repair, and what actions 
          must I take for delay of repair?

   Recordkeeping and Reporting Requirements for Heat Exchange Systems

63.1089 What records must I keep?
63.1090 What reports must I submit?

                    Background for Waste Requirements

63.1091 What do the waste requirements do?
63.1092 What are the major differences between the requirements of 40 
          CFR part 61, subpart FF, and the waste requirements for 
          ethylene production sources?

                  Applicability for Waste Requirements

63.1093 Does this subpart apply to my waste streams?
63.1094 What waste streams are exempt from the requirements of this 
          subpart?

                           Waste Requirements

63.1095 What specific requirements must I comply with?
63.1096 What requirements must I comply with if I transfer waste off-
          site?

                     Implementation and Enforcement

63.1097 Who implements and enforces this subpart?

Table 1 to Subpart XX--Hazardous Air Pollutants
Table 2 to Subpart XX--Requirements of 40 CFR Part 61, Subpart FF, Not 
          Included in the Requirements for This Subpart and Alternate 
          Requirements

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.

[[Page 10]]

63.1105 Transfer racks.
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.
63.1114 Implementation and enforcement.

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 Implementation and enforcement.
63.1167-63.1174 [Reserved]

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

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 implements and enforces this subpart?
63.1196 What definitions should I be aware of?
63.1197-63.1199 [Reserved]

Table 1 to Subpart DDD--Applicability of General Provisions (40 CFR Part 
          63, Subpart A) to Subpart DDD of Part 63.
Appendix A to Subpart DDD--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.

[[Page 11]]



Subpart AA_National Emission Standards for Hazardous Air Pollutants From 
                  Phosphoric Acid Manufacturing Plants



Sec. 63.600  Applicability.

    (a) Except as provided in paragraphs (c), (d), and (e) 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.
    (e) The emission limitations and operating parameter requirements of 
this subpart do not apply during periods of startup, shutdown, or 
malfunction, as those terms are defined in Sec. 63.2, provided that the 
source is operated in accordance with Sec. 63.6(e)(1)(i).

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 65076, Dec. 17, 2001; 
71 FR 20457, Apr. 20, 2006]



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 well as the following ore materials: fluorapatite, 
hydroxylapatite, chlorapatite, and carbonateapatite.

[[Page 12]]

    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 Sec. Sec. 
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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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 0.1810 gram per dry standard cubic meter (g/dscm) 
(0.080 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.
    (2) For any existing purified phosphoric acid process line, any of 
the following shall constitute a violation of this subpart:

[[Page 13]]

    (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.

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 40579, June 12, 2002; 
67 FR 40817, June 13, 2002]



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 Sec. Sec. 
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 Sec. Sec. 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 Sec. Sec. 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/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 Sec. Sec. 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.

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 65076, Dec. 17, 2001]



Sec. 63.604  Operating requirements.

    On or after the date on which the performance test required to be 
conducted by Sec. Sec. 63.7 and 63.606 is required to be completed, the 
owner/operator using a wet scrubbing emission control system must 
maintain daily 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).

[67 FR 40818, June 13, 2002]

[[Page 14]]



Sec. 63.605  Monitoring requirements.

    (a)(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 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.
    (2) Each owner or operator of a new or existing 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 either the mass 
flow of phosphorus-bearing feed material to the dryer or calciner, or 
the mass flow of product from the dryer or calciner. The monitoring 
system shall have an accuracy of 5 percent over 
its operating range. Since the emissions limits under Sec. Sec. 
63.602(c) and 63.603(c) for the phosphate rock dryer are in the format 
of kilogram/megagram (lb/ton) of phosphate rock feed, during performance 
testing required in Sec. 63.606, the owner or operator that chooses to 
operate a monitoring system to determine and permanently record the mass 
flow of product from the dryer must either simultaneously monitor the 
dryer feed rate and dryer output rate, or monitor the dryer output rate 
and the dryer input and output moisture contents and calculate the 
corresponding dryer input rate.
    (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 the following:
    (i) For owners and operators that monitor the mass flow of 
phosphorus-bearing feed material to the dryer or calciner, 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)(2) 
of this section.
    (ii) For owners and operators that monitor the mass flow of product 
from the dryer or calciner, a daily record of product by determining the 
total mass rate in metric ton/hour of product using a monitoring system 
for measuring mass flowrate which meets the requirements of paragraph 
(a)(2) 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:

[[Page 15]]

    (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. When a source using the methodology 
of this paragraph is retested, the owner or operator shall determine 
whether new allowable ranges of baseline average values will be based 
upon the new performance test or (if the new performance test results 
are within the previously established range) whether there will be no 
change in the operating parameters derived from previous tests. When a 
source using the methodology of this paragraph is retested and the 
performance test results are submitted to the Administrator pursuant to 
Sec. Sec. 63.607(c)(1), 63.7(g)(1), and/or 63.10(d)(2), the owner or 
operator will indicate whether the operating range will be based on the 
new performance test or the previously established range. If the 
Administrator has not denied approval of the new operating ranges within 
30 days of submission of the performance test results, the new ranges 
shall be deemed approved and the new baseline value shall then be 
effective on the 31st day following submission.
    (2) The owner or operator of any new or existing affected source 
shall establish, and provide to the Administrator for approval, 
allowable ranges for the daily averages of 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 Sec. 63.606(c)(4), (d)(4), or (e)(2). As an alternative, 
the owner or operator can establish the allowable ranges 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 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. When a source using the methodology of this paragraph 
is retested, the owner or operator shall determine new allowable ranges 
of baseline average values unless the retest indicates no change in the 
operating parameters outside the previously established ranges. If the 
Administrator has not denied approval of the new operating ranges within 
30 days of submission of the performance test results, the new ranges 
shall be deemed approved and the new baseline value shall then be 
effective on the 31st day following submission.
    (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.

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 65076, Dec. 17, 2001]



Sec. 63.606  Performance tests and compliance provisions.

    (a)(1) On or before the applicable compliance date in Sec. 63.609 
and once per

[[Page 16]]

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).
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.

[[Page 17]]

    (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 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 Sec. Sec. 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

[[Page 18]]

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 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 Sec. Sec. 63.604, 63.605 and 
63.606 have been met.



Sec. 63.611  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.

[[Page 19]]

    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.600, 63.602 through 63.604, and 63.609 through 63.610.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37351, June 23, 2003]



   Sec. 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].
63.6(e)(1) and (2)..................  Operation & Maintenance  Yes
                                       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 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.

[[Page 20]]

 
63.6(j).............................  Exemption from           Yes.
                                       Compliance.
63.7(a).............................  Performance Test         Yes.                      Sec.  63.609(a)
                                       Requirements                                       applies rather than
                                       Applicability.                                     Sec.
                                                                                          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.                      Sec. Sec.  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.
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.

[[Page 21]]

 
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), (d), and (e) 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.
    (e) The emission limitations and operating parameter requirements of 
this subpart do not apply during periods of startup, shutdown, or 
malfunction, as those terms are defined in Sec. 63.2, provided that the 
source is operated in accordance with Sec. 63.6(e)(1)(i).

[64 FR 31382, June 10, 1999, as amended at 67 FR 65077, Dec. 17, 2001; 
71 FR 20457, Apr. 20, 2006]



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

[[Page 22]]

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 
Sec. Sec. 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 
Sec. Sec. 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 
Sec. Sec. 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 (5.0x10-4 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 
Sec. Sec. 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 which the performance test required to be conducted by 
Sec. Sec. 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 
Sec. Sec. 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

[[Page 23]]

stored (5.0x10-4 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 Sec. Sec. 63.7 and 63.626 is required to be completed, the 
owner/operator using a wet scrubbing emission control system must 
maintain daily 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).

[67 FR 40818, June 13, 2002]



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 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:

[[Page 24]]

    (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. When a source using the methodology of this paragraph is retested, 
the owner or operator shall determine whether new allowable ranges of 
baseline average values will be based upon the new performance test or 
(if the new performance test results are within the previously 
established range) whether there will be no change in the operating 
parameters derived from previous tests. When a source using the 
methodology of this paragraph is retested and the performance test 
results are submitted to the Administrator pursuant to Sec. Sec. 
63.627(c)(1), 63.7(g)(1), and/or 63.10(d)(2), the owner or operator will 
indicate whether the operating range will be based on the new 
performance test or the previously established range. If the 
Administrator has not denied approval of the new operating ranges within 
30 days of submission of the performance test results, the new ranges 
shall be deemed approved and the new baseline value shall then be 
effective on the 31st day following submission.
    (2) The owner or operator of any new or existing affected source 
shall establish, and provide to the Administrator for approval, 
allowable ranges for the daily averages of 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 Sec. 63.626(c)(4) or (d)(4). As an alternative, the owner 
or operator can establish the allowable ranges 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 
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. When a source using the methodology of this paragraph is 
retested, the owner or operator shall determine new allowable ranges of 
baseline average values unless the retest indicates no change in the 
operating parameters outside the previously established ranges. If the 
Administrator has not denied approval of the new operating ranges within 
30 days of submission of the performance test results, the new ranges 
shall be deemed approved and the new baseline value shall then be 
effective on the 31st day following submission.

[64 FR 31382, June 10, 1999, as amended at 67 FR 65077, Dec. 17, 2001]



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 25]]

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, 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,

[[Page 26]]

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 Sec. Sec. 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:
    (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.

[[Page 27]]

    (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 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

[[Page 28]]

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 Sec. Sec. 63.624, 63.625 and 
63.626 have been met.



Sec. 63.632  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.620, 63.622 through 63.624, and 63.629 through 63.631.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37351, June 23, 2003]

[[Page 29]]



   Sec. 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.
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
                                       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 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)
                                       Requirements                                       applies rather than
                                       Applicability.                                     Sec.
                                                                                          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.....................  Sec. Sec.  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.

[[Page 30]]

 
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.
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)).

[[Page 31]]

 
63.13...............................  Addresses..............  Yes.
63.14...............................  Incorporation by         Yes.
                                       Reference.
63.15...............................  Information              Yes.
                                       Availability/
                                       Confidentiality.
----------------------------------------------------------------------------------------------------------------


[ 64 FR 31382, June 10, 1999, as amended at 67 FR 65078, Dec. 17, 2001]



Subpart CC_National Emission Standards for Hazardous Air Pollutants From 
                          Petroleum Refineries

    Source: 60 FR 43260, Aug. 18, 1995, unless otherwise noted.



Sec. 63.640  Applicability and designation of affected source.

    (a) This subpart applies to petroleum refining process units and to 
related emission points that are specified in paragraphs (c)(5) through 
(c)(7) of this section that are located at a plant site that meet the 
criteria in paragraphs (a)(1) and (a)(2) of this section;
    (1) Are located at a plant site that is a major source as defined in 
section 112(a) of the Clean Air Act; and
    (2) Emit or have equipment containing or contacting one or more of 
the hazardous air pollutants listed in table 1 of this subpart.
    (b)(1) If the predominant use of the flexible operation unit, as 
described in paragraphs (b)(1)(i) and (ii) of this section, is as a 
petroleum refining process unit, as defined in Sec. 63.641, then the 
flexible operation unit shall be subject to the provisions of this 
subpart.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
predominant use of the flexible operation unit shall be the use 
representing the greatest annual operating time.
    (ii) If the flexible operation unit is used as a petroleum refining 
process unit and for another purpose equally based on operating time, 
then the predominant use of the flexible operation unit shall be the use 
that produces the greatest annual production on a mass basis.
    (2) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units shall be reported as specified in Sec. 63.654(h)(6)(i).
    (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;

[[Page 32]]

    (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 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

[[Page 33]]

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 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

[[Page 34]]

    (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);
    (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 Sec. Sec. 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.

[[Page 35]]

    (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) 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

[[Page 36]]

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.
    (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

[[Page 37]]

part 60 may submit the inspection reports required by Sec. Sec. 
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 Sec. Sec. 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 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 Sec. Sec. 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 Sec. Sec. 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 
Sec. Sec. 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 Sec. Sec. 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, Sec. Sec. 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 Sec. Sec. 63.133 through 63.148 
and Sec. Sec. 63.151 and 63.152 of subpart G.

[[Page 38]]

    (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; 66 FR 28841, May 
25, 2001]



Sec. 63.641  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Clean Air Act, subpart A of this part, and in this section. If the 
same term is defined in subpart A and in this section, it shall have the 
meaning given in this section for purposes of this subpart.
    Affected source means the collection of emission points to which 
this subpart applies as determined by the criteria in Sec. 63.640.
    Aliphatic means open-chained structure consisting of paraffin, 
olefin and acetylene hydrocarbons and derivatives.
    Annual average true vapor pressure means the equilibrium partial 
pressure exerted by the stored liquid at the temperature equal to the 
annual average of the liquid storage temperature for liquids stored 
above or below the ambient temperature or at the local annual average 
temperature reported by the National Weather Service for liquids stored 
at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec. 63.111 of subpart 
G of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.
    By compound means by individual stream components, not by carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Closed vent system means a system that is not open to the atmosphere 
and is configured of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device or back into the process. If gas or vapor from 
regulated equipment is routed to a process (e.g., to a petroleum 
refinery fuel gas system), the process shall not be considered a closed 
vent system and is not subject to closed vent system standards.
    Combustion device means an individual unit of equipment such as a 
flare, incinerator, process heater, or boiler used for the combustion of 
organic hazardous air pollutant vapors.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A common 
connector is a

[[Page 39]]

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 separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Emission point means an individual miscellaneous process vent, 
storage vessel, wastewater stream, or equipment leak associated with a 
petroleum refining process unit; an individual storage vessel or 
equipment leak associated with a bulk gasoline terminal or pipeline 
breakout station classified under Standard Industrial Classification 
code 2911; a gasoline loading rack classified under Standard Industrial 
Classification code 2911; or a marine tank vessel loading operation 
located at a petroleum refinery.
    Equipment leak means emissions of organic hazardous air pollutants 
from a pump, compressor, pressure relief device, sampling connection 
system, open-ended valve or line, valve, or instrumentation system ``in 
organic hazardous air pollutant service'' as defined in this section. 
Vents from wastewater collection and conveyance systems (including, but 
not limited to wastewater drains, sewer vents, and sump drains), tank 
mixers, and sample valves on storage tanks are not equipment leaks.
    Flame zone means the portion of a combustion chamber of a boiler or 
process heater occupied by the flame envelope created by the primary 
fuel.
    Flexible operation unit means a process unit that manufactures 
different products periodically by alternating raw materials or 
operating conditions. These units are also referred to as campaign 
plants or blocked operations.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow, in a line.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous streams generated by refinery operations, 
may blend them with sources of gas, if available, and transports the 
blended gaseous fuel at suitable pressures for use as fuel in heaters, 
furnaces, boilers, incinerators, gas turbines, and other combustion 
devices located within or outside of the refinery. The fuel is piped 
directly to each individual combustion device, and the system typically 
operates at pressures over atmospheric. The gaseous

[[Page 40]]

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 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.

[[Page 41]]

    Hazardous air pollutant or HAP means one of the chemicals listed in 
section 112(b) of the Clean Air Act.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by ducts 
or connections carrying flue gas.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec. 60.593(d) of part 
60, subpart GGG.
    In organic hazardous air pollutant service means that a piece of 
equipment either contains or contacts a fluid (liquid or gas) that is at 
least 5 percent by weight of total organic HAP's as determined according 
to the provisions of Sec. 63.180(d) of subpart H of this part and table 
1 of this subpart. The provisions of Sec. 63.180(d) of subpart H also 
specify how to determine that a piece of equipment is not in organic HAP 
service.
    Leakless valve means a valve that has no external actuating 
mechanism.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the stored liquid at the temperature equal to the highest 
calendar-month average of the liquid storage temperature for liquids 
stored above or below the ambient temperature or at the local maximum 
monthly average temperature as reported by the National Weather Service 
for liquids stored at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec. 63.111 of subpart 
G of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
    Miscellaneous process vent means a gas stream containing greater 
than 20 parts per million by volume organic HAP that is continuously or 
periodically discharged during normal operation of a petroleum refining 
process unit meeting the criteria specified in Sec. 63.640(a). 
Miscellaneous process vents 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;

[[Page 42]]

    (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, 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

[[Page 43]]

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 Sec. Sec. 61.343 through 61.347 of 
subpart FF of part 61;
    (2) A treatment process that achieves the emission reductions 
specified in table 7 of this subpart for each individual HAP present in 
the wastewater stream or is a steam stripper that meets the 
specifications in Sec. 63.138(g) of subpart G of this part; and
    (3) A control device to reduce by 95 percent (or to an outlet 
concentration of 20 parts per million by volume for combustion devices) 
the organic HAP emissions in the vapor streams vented from treatment 
processes (including the steam stripper described in paragraph (2) of 
this definition) managing wastewater.
    Refinery fuel gas means a gaseous mixture of methane, light 
hydrocarbons, hydrogen, and other miscellaneous species (nitrogen, 
carbon dioxide, hydrogen sulfide, etc.) that is produced in the refining 
of crude oil and/or petrochemical processes and that is separated for 
use as a fuel in boilers and process heaters throughout the refinery.
    Relief valve means a valve used only to release an unplanned, 
nonroutine discharge. A relief valve discharge can result from an 
operator error, a malfunction such as a power failure or equipment 
failure, or other unexpected cause that requires immediate venting of 
gas from process equipment in order to avoid safety hazards or equipment 
damage.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means the cessation of a petroleum refining process unit or 
a unit operation (including, but not limited to, a distillation unit or 
reactor) within a petroleum refining process unit for purposes 
including, but not limited to, periodic maintenance, replacement of 
equipment, or repair.
    Startup means the setting into operation of a petroleum refining 
process unit for purposes of production. Startup does not include 
operation solely for purposes of testing equipment. Startup does not 
include changes in product for flexible operation units.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids. Storage vessel does not include:

[[Page 44]]

    (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]



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

[[Page 45]]

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[Sigma] EPV1 + [Sigma] EPV2 + 
    0.05[Sigma] ES1 + [Sigma] ES2 + [Sigma] 
    EGLR1C + [Sigma] EGLR2 + (R) [Sigma] 
    EMV1 + [Sigma] EMV2 + [Sigma] EWW1C 
    + [Sigma] EWW2

where:

EA = Emission rate, megagrams per year, allowed for the 
source.
0.02[Sigma] EPV1 = Sum of the residual emissions, megagrams 
per year, from all Group 1 miscellaneous process vents, as defined in 
Sec. 63.641.
[Sigma] EPV2 = Sum of the emissions, megagrams per year, from 
all Group 2 process vents, as defined in Sec. 63.641.
0.05[Sigma] ES1 = Sum of the residual emissions, megagrams 
per year, from all Group 1 storage vessels, as defined in Sec. 63.641.
[Sigma] ES2 = Sum of the emissions, megagrams per year, from 
all Group 2 storage vessels, as defined in Sec. 63.641.
[Sigma] EGLR1C = Sum of the residual emissions, megagrams per 
year, from all Group 1 gasoline loading racks, as defined in Sec. 
63.641.
[Sigma] EGLR2 = Sum of the emissions, megagrams per year, 
from all Group 2 gasoline loading racks, as defined in Sec. 63.641.
(R)[Sigma] 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.
[Sigma] EMV2 = Sum of the emissions, megagrams per year from 
all Group 2 marine tank vessels, as defined in Sec. 63.641.
[Sigma] 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).
[Sigma] 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 Sec. Sec. 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 Sec. Sec. 63.643 through 63.647, Sec. Sec. 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

[[Page 46]]

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 Sec. Sec. 63.652, 63.653, and 
63.654, as applicable.
    (m) A State may restrict the owner or operator of an existing source 
to using only the procedures in paragraph (k) of this section to comply 
with the emission standard in paragraph (g) of this section. Such a 
restriction would preclude the source from using an emissions averaging 
compliance approach.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 
FR 29879, June 12, 1996]



Sec. 63.643  Miscellaneous process vent provisions.

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



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

[[Page 47]]

    (2) Uses one of the control devices listed in paragraph (a) of this 
section, but seeks to monitor a parameter other than those specified in 
paragraph (a) of this section.
    (c) The owner or operator of a Group 1 miscellaneous process vent 
using a vent system that contains bypass lines that could divert a vent 
stream away from the control device used to comply with paragraph (a) of 
this section shall comply with either paragraph (c)(1) or (c)(2) of this 
section. Equipment such as low leg drains, high point bleeds, analyzer 
vents, open-ended valves or lines, pressure relief valves needed for 
safety reasons, and equipment subject to Sec. 63.648 are not subject to 
this paragraph.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether a vent stream flow is present at least once every 
hour. Records shall be generated as specified in Sec. 63.654(h) and 
(i). The flow indicator shall be installed at the entrance to any bypass 
line that could divert the vent stream away from the control device to 
the atmosphere; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve is maintained in the closed position and the 
vent stream is not diverted through the bypass line.
    (d) The owner or operator shall establish a range that ensures 
compliance with the emissions standard for each parameter monitored 
under paragraphs (a) and (b) of this section. In order to establish the 
range, the information required in Sec. 63.654(f)(3) shall be submitted 
in the Notification of Compliance Status report.
    (e) Each owner or operator of a control device subject to the 
monitoring provisions of this section shall operate the control device 
in a manner consistent with the minimum and/or maximum operating 
parameter value or procedure required to be monitored under paragraphs 
(a) and (b) of this section. Operation of the control device in a 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

[[Page 48]]

per day for a new source in accordance with the Group 2 process vent 
definition of this subpart shall determine the TOC mass flow rate by the 
following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(e) of this section.
    (2) The gas volumetric flow rate shall be determined using Methods 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be 
used to measure concentration; alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used. If Method 25A is used, and the TOC 
mass flow rate calculated from the Method 25A measurement is greater 
than or equal to 33 kilograms per day for an existing source or 6.8 
kilograms per day for a new source, Method 18 may be used to determine 
any non-VOC hydrocarbons that may be deducted to calculate the TOC 
(minus non-VOC hydrocarbons) concentration and mass flow rate. The 
following procedures shall be used to calculate parts per million by 
volume concentration:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15-minute intervals during the run.
    (ii) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation if Method 18 is used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.000

where:

CTOC=Concentration of TOC (minus methane and ethane), dry 
basis, parts per million by volume.
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, 5.986x10-5 (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:

[[Page 49]]

    (i) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) TOC emission rate specified or implied within a permit limit 
applicable to the process vent.
    (iv) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC concentrations;
    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities; and
    (C) Estimation of TOC concentrations based on saturation conditions.
    (v) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (h) The owner or operator of a Group 2 process vent shall 
recalculate the TOC emission rate for each process vent, as necessary, 
whenever process changes are made to determine whether the vent is in 
Group 1 or Group 2. Examples of process changes include, but are not 
limited to, changes in production capacity, production rate, or catalyst 
type, or whenever there is replacement, removal, or addition of recovery 
equipment. For purposes of this paragraph, process changes do not 
include: process upsets; unintentional, temporary process changes; and 
changes that are within the range on which the original calculation was 
based.
    (1) The TOC emission rate shall be recalculated based on 
measurements of vent stream flow rate and TOC as specified in paragraphs 
(e) and (f) of this 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 Sec. Sec. 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),

[[Page 50]]

    (2) All references to April 22, 1994 shall be replaced with August 
18, 1995.
    (3) All references to December 31, 1992 shall be replaced with July 
15, 1994.
    (4) All references to the compliance dates specified in Sec. 63.100 
of subpart F shall be replaced with Sec. 63.640 (h) through (m).
    (5) All references to Sec. 63.150 in Sec. 63.119 of subpart G of 
this part shall be replaced with Sec. 63.652.
    (6) All references to Sec. 63.113(a)(2) of subpart G shall be 
replaced with Sec. 63.643(a)(2) of this subpart.
    (7) All references to Sec. 63.126(b)(1) of subpart G shall be 
replaced with Sec. 63.422(b) of subpart R of this part.
    (8) All references to Sec. 63.128(a) of subpart G shall be replaced 
with Sec. 63.425, paragraphs (a) through (c) and (e) through (h) of 
subpart R of this part.
    (9) All references to Sec. 63.139(d)(1) in Sec. 63.120(d)(1)(ii) 
of subpart G are not applicable. For sources subject to this subpart, 
such references shall mean that 40 CFR 61.355 is applicable.
    (10) All references to Sec. 63.139(c) in Sec. 63.120(d)(1)(ii) of 
subpart G are not applicable. For sources subject to this subpart, such 
references shall mean that Sec. 63.647 of this subpart is applicable.
    (e) When complying with the inspection requirements of Sec. 63.120 
of subpart G of this part, owners and operators of storage vessels at 
existing sources subject to this subpart are not required to comply with 
the provisions for gaskets, slotted membranes, and sleeve seals.
    (f) The following paragraphs (f)(1), (f)(2), and (f)(3) of this 
section apply to Group 1 storage vessels at existing sources:
    (1) If a cover or lid is installed on an opening on a floating roof, 
the cover or lid shall remain closed except when the cover or lid must 
be open for access.
    (2) Rim space vents are to be set to open only when the floating 
roof is not floating or when the pressure beneath the rim seal exceeds 
the manufacturer's recommended setting.
    (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 Sec. Sec. 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 Sec. Sec. 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 
Sec. Sec. 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 Sec. Sec. 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

[[Page 51]]

resulting in a measured concentration or operating parameter value 
outside the permitted limits shall constitute a violation of the 
emission standards. Failure to perform required leak monitoring for 
closed vent systems and control devices or failure to repair leaks 
within the time period specified in subpart FF of 40 CFR part 61 shall 
constitute a violation of the standard.



Sec. 63.648  Equipment leak standards.

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

[[Page 52]]

    (5) Connectors in gas/vapor service or light liquid service are 
subject to the requirements for connectors in heavy liquid service in 
Sec. 63.169 of subpart H of this part (except for the agitator 
provisions). The leak definition for valves, connectors, and 
instrumentation systems subject to Sec. 63.169 is 1,000 parts per 
million.
    (6) In phase III of the pump standard, except as provided in 
paragraph (c)(7) of this section, owners or operators that achieve less 
than 10 percent of light liquid pumps leaking or three light liquid 
pumps leaking, whichever is greater, shall monitor light liquid pumps 
monthly.
    (7) Owners or operators that achieve less than 3 percent of light 
liquid pumps leaking or one light liquid pump leaking, whichever is 
greater, shall monitor light liquid pumps quarterly.
    (8) An owner or operator may make the election described in 
paragraphs (c)(3) and (c)(4) of this section at any time except that any 
election to change after the initial election shall be treated as a 
permit modification according to the terms of part 70 of this chapter.
    (9) When complying with the requirements of Sec. 63.168(e)(3)(i), 
non-repairable valves shall be included in the calculation of percent 
leaking valves the first time the valve is identified as leaking and 
non-repairable. Otherwise, a number of non-repairable valves up to a 
maximum of 1 percent per year of the total number of valves in organic 
HAP service up to a maximum of 3 percent may be excluded from 
calculation of percent leaking valves for subsequent monitoring periods. 
When the number of non-repairable valves exceeds 3 percent of the total 
number of valves in organic HAP service, the number of non-repairable 
valves exceeding 3 percent of the total number shall be included in the 
calculation of percent leaking valves.
    (10) If in phase III of the valve standard any valve is designated 
as being 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 
Sec. Sec. 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

[[Page 53]]

can be revised only by following the procedures in paragraph 
(g)(2)(i)(A) of this section.
    (h) Each owner or operator of a source subject to the provisions of 
this subpart must maintain all records for a minimum of 5 years.
    (i) Reciprocating compressors are exempt from seal requirements if 
recasting the distance piece or compressor replacement is required.

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

[[Page 54]]

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

% CL=[(CL-CAN)/
    Ct+Cc)]x100

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=0.67xnet 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 55]]

    (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, Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 63.643 through 63.647, and 
Sec. Sec. 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 56]]

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 57]]

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 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

[[Page 58]]

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

[[Page 59]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.004

    (1) The percent reduction shall be measured according to the 
procedures in Sec. 63.116 of subpart G if a combustion control device 
is used. For a flare meeting the criteria in Sec. 63.116(a) of subpart 
G, or a boiler or process heater meeting the criteria in Sec. 63.645(d) 
of this subpart or Sec. 63.116(b) of subpart G, the percentage of 
reduction shall be 98 percent. If a noncombustion control device is 
used, percentage of reduction shall be demonstrated by a performance 
test at the inlet and outlet of the device, or, if testing is not 
feasible, by a control design evaluation and documented engineering 
calculations.
    (2) For determining debits from miscellaneous process vents, product 
recovery devices shall not be considered control devices and cannot be 
assigned a percentage of reduction in calculating EPViACTUAL. 
The sampling site for measurement of uncontrolled emissions is after the 
final product recovery device.
    (3) Procedures for calculating the percentage of reduction of 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (3) Emissions from storage vessels shall be calculated as specified 
in Sec. 63.150(g)(3) of subpart G.
    (4) Emissions from gasoline loading racks shall be calculated as 
follows:
    (i) The following equation shall be used for each gasoline loading 
rack i to calculate EGLRiu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.005

where:

EGLRiu=Uncontrolled transfer HAP emission rate from gasoline 
loading rack i, megagrams per month
S=Saturation factor, dimensionless (see table 33 of subpart G).
P=Weighted average rack partial pressure of organic HAP's transferred at 
the rack during the month, kilopascals.
M=Weighted average molecular weight of organic HAP's transferred at the 
gasoline loading rack during the month, gram per gram-mole.
G=Monthly volume of gasoline transferred from gasoline loading rack, 
liters per month.
T=Weighted rack bulk liquid loading temperature during the month, 
degrees kelvin (degrees Celsius [deg]C + 273).

    (ii) The following equation shall be used for each gasoline loading 
rack i to calculate the weighted average rack partial pressure:
[GRAPHIC] [TIFF OMITTED] TR18AU95.006

where:

Pj=Maximum true vapor pressure of individual organic HAP 
transferred at the rack, kilopascals.
G=Monthly volume of organic HAP transferred, liters per month, and

[GRAPHIC] [TIFF OMITTED] TR18AU95.007

Gj=Monthly volume of individual organic HAP transferred at 
the gasoline loading rack, liters per month.
n=Number of organic HAP's transferred at the gasoline loading rack.

    (iii) The following equation shall be used for each gasoline loading 
rack i to calculate the weighted average rack molecular weight:
[GRAPHIC] [TIFF OMITTED] TR18AU95.008

where:

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

    (iv) The following equation shall be used for each gasoline loading 
rack i to calculate the monthly weighted rack bulk liquid loading 
temperature:

[[Page 60]]

[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.
    (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

[[Page 61]]

testing is not feasible, the percentage of reduction shall be determined 
through a design evaluation according to the procedures specified in 
Sec. 63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from a Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required by this subpart or any other State or Federal rule or 
statute. Credits shall be calculated as follows:
    (1) The overall equation for calculating sourcewide credits is:
    [GRAPHIC] [TIFF OMITTED] TR12JN96.000
    
where:

Credits and all terms of the equation are in units of megagrams per 
month, the baseline date is November 15, 1990, and
D=Discount factor=0.9 for all credit-generating emission points except 
those controlled by a pollution prevention measure, which will not be 
discounted.
EPV1iACTUAL=Emissions for each Group 1 miscellaneous process 
vent i that is controlled to a level more stringent than the reference 
control technology, calculated according to paragraph (h)(2) of this 
section.
(0.02) EPV1iu=Emissions from each Group 1 miscellaneous 
process vent i if the reference control technology had been applied to 
the uncontrolled emissions. EPV1iu is calculated according to 
paragraph (h)(2) of this section.
EPV2iBASE=Emissions from each Group 2 miscellaneous process 
vent; at the baseline date, as calculated in paragraph (h)(2) of this 
section.
EPV2iACTUAL=Emissions from each Group 2 miscellaneous process 
vent that is controlled, calculated according to paragraph (h)(2) of 
this section.
ES1iACTUAL=Emissions from each Group 1 storage vessel i that 
is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(3) of this section.
(0.05) ES1iu=Emissions from each Group 1 storage vessel i if 
the reference control technology had been applied to the uncontrolled 
emissions. 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.

[[Page 62]]

EGRL2iACTUAL=Emissions from each Group 2 gasoline loading 
rack i that is controlled, calculated according to paragraph (h)(4) of 
this section.
EGLR2iBASE=Emissions from each Group 2 gasoline loading rack 
i at the baseline date, as calculated in paragraph (h)(4) of this 
section.
EMV1iACTUAL=Emissions from each Group 1 marine tank vessel i 
that is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(4) of this section.
(0.03)EMV1iu=Emissions from each Group 1 marine tank vessel i 
if the reference control technology had been applied to the uncontrolled 
emissions. EMV1iu is calculated according to paragraph (h)(5) 
of this section.
EMV2iACTUAL=Emissions from each Group 2 marine tank vessel i 
that is controlled, calculated according to paragraph (h)(5) of this 
section.
EMV2iBASE=Emissions from each Group 2 marine tank vessel i at 
the baseline date, as calculated in paragraph (h)(5) of this section.
EWW1iACTUAL=Emissions from each Group 1 wastewater stream i 
that is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(6) of this section.
EWW1ic=Emissions from each Group 1 wastewater stream i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (h)(6) of this section.
EWW2iACTUAL=Emissions from each Group 2 wastewater stream i 
that is controlled, calculated according to paragraph (h)(6) of this 
section.
EWW2iBASE=Emissions from each Group 2 wastewater stream i at 
the baseline date, calculated according to paragraph (h)(6) of this 
section.
n=Number of Group 1 emission points included in the emissions average. 
The value of n is not necessarily the same for each kind of emission 
point.
m=Number of Group 2 emission points included in the emissions average. 
The value of m is not necessarily the same for each kind of emission 
point.

    (i) For an emission point controlled using a reference control 
technology, the percentage of reduction for calculating credits shall be 
no greater than the nominal efficiency associated with the reference 
control technology, unless a higher nominal efficiency is assigned as 
specified in paragraph (h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent than 
the reference control technology, the nominal efficiency for calculating 
credits shall be assigned as described in paragraph (i) of this section. 
A reference control technology may be approved for use in a different 
manner and assigned a higher nominal efficiency according to the 
procedures in paragraph (i) of this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be 
determined as described in paragraph (j) of this section.
    (2) Emissions from process vents shall be determined as follows:
    (i) Uncontrolled emissions from miscellaneous process vents, 
EPV1iu, shall be calculated according to the procedures and 
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section.
    (ii) Actual emissions from miscellaneous process vents controlled 
using a technology with an approved nominal efficiency greater than 98 
percent or a pollution prevention measure achieving greater than 98 
percent emission reduction, EPV1iACTUAL, shall be calculated 
according to the following equation:
[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,

[[Page 63]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.016

    (1) EPV2iu shall be calculated according to the equations 
and procedures for EPViu in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section except as provided in paragraph 
(h)(2)(iii)(A)(3) of this section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of 
this section except as provided in paragraph (h)(2)(iii)(A)(4) of this 
section.
    (3) If a recovery device was added as part of a pollution prevention 
project, EPV2iu shall be calculated prior to that recovery 
device. The equation for EPViu in paragraph (g)(2)(ii) of 
this section shall be used to calculate EPV2iu; however, the 
sampling site for measurement of vent stream flow rate and organic HAP 
concentration shall be at the inlet of the recovery device.
    (4) If a recovery device was added as part of a pollution prevention 
project, the percentage of reduction shall be demonstrated by conducting 
a performance test at the inlet and outlet of that recovery device.
    (B) For a Group 2 process vent controlled using a technology with an 
approved nominal efficiency greater than a 98 percent or a pollution 
prevention measure achieving greater than 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.017

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

[[Page 64]]

    (iii) All references to Sec. 63.119(d) in Sec. 63.150(h)(3) of 
subpart G shall be replaced with: Sec. 63.119(d) or Sec. 63.119(d) 
except for Sec. 63.119(d)(2).
    (4) Emissions from gasoline loading racks shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 gasoline loading racks, 
EGLR1iu, shall be calculated according to the procedures and 
equations for EGLRiu as described in paragraphs (g)(4)(i) 
through (g)(4)(iv) of this section.
    (ii) Emissions from Group 1 gasoline loading racks if the reference 
control technology had been applied, EGLRic, shall be 
calculated according to the procedures and equations in paragraph 
(g)(4)(v) of this section.
    (iii) Actual emissions from Group 1 gasoline loading racks 
controlled to less than 10 milligrams of TOC per liter of gasoline 
loaded; EGLRiACTUAL, shall be calculated according to the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.019

    (iv) The following procedures shall be used to calculate actual 
emissions from Group 2 gasoline loading racks, EGLR2iACTUAL:
    (A) For a Group 2 gasoline loading rack controlled by a control 
device or a pollution prevention measure achieving emissions reduction 
but where emissions are greater than the 10 milligrams of TOC per liter 
of gasoline loaded requirement,
[GRAPHIC] [TIFF OMITTED] TR18AU95.020

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

[[Page 65]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.022

where EGLR2iu is calculated according to the procedures and 
equations for EGLRiu in paragraphs (g)(4)(i) through 
(g)(4)(iv) of this section. Percentage of reduction shall be calculated 
according to the procedures in paragraphs (g)(4)(vi)(B)(1) and 
(g)(4)(vi)(B)(2) of this section.

    (5) Emissions from marine tank vessels shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 marine tank vessels, 
EMV1iu, shall be calculated according to the procedures and 
equations for EMViu as described in paragraph (g)(5)(i) of 
this section.
    (ii) Actual emissions from Group 1 marine tank vessels controlled 
using a technology or pollution prevention measure with an approved 
nominal efficiency greater than 97 percent, EMViACTUAL, shall 
be calculated according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.023

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 marine tank vessels, EMV2iACTUAL:
    (A) For a Group 2 marine tank vessel controlled by a control device 
or a pollution prevention measure achieving a percentage of reduction 
less than or equal to 97 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.024

    (1) EMV2iu shall be calculated according to the equations 
and procedures for EMViu in paragraph (g)(5)(i) of this 
section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(5)(ii)(B)(1) and (g)(5)(ii)(B)(2) of this 
section.
    (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,

[[Page 66]]

[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 Sec. Sec. 61.343 through 
61.347 or Sec. 61.342(c)(l)(iii) of 40 CFR part 61, subpart FF, as 
applicable, and the emissions from the waste management units subject to 
those requirements are routed to a control device that reduces HAP 
emissions by 95 percent or greater.
    (B) Treatment process has the meaning given in Sec. 61.341 of 40 
CFR part 61, subpart FF except that it does not include biological 
treatment units.
    (C) Vapor control device means the control device that receives 
emissions vented from a treatment process or treatment processes.
    (ii) The following equation shall be used for each wastewater stream 
i to calculate EWWic:
[GRAPHIC] [TIFF OMITTED] TR18AU95.027

where:

EWWic = Monthly wastewater stream emission rate if wastewater 
stream i were controlled by the reference control technology, megagrams 
per month.
Qi = Average flow rate for wastewater stream i, liters per 
minute.
Hi = Number of hours during the month that wastewater stream 
i was generated, hours per month.
Frm=Fraction removed of organic HAP m in wastewater, from 
table 7 of this subpart, dimensionless.
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

[[Page 67]]

from three test runs shall be used. The values of Qi, 
HAPim, and Cim shall be established in the 
Notification of Compliance Status report and must be updated as provided 
in paragraph (h)(6)(i)(C) of this section.
    (C) If there is a change to the process or operation such that the 
previously measured values of Qi, HAPim, and 
Cim are no longer representative, a new performance test 
shall be conducted to determine new representative values of 
Qi, HAPim, and Cim. These new values 
shall be used to calculate debits and credits from the time of the 
change forward, and the new values shall be reported in the next 
Periodic Report.
    (iii) The following equations shall be used to calculate 
EWW1iACTUAL for each Group 1 wastewater stream i that is 
correctly suppressed and is treated to a level more stringent than the 
reference control technology.
    (A) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated HAP that is 
greater than that specified in table 7 of this subpart, and the vapor 
control device achieves a percentage of reduction equal to 95 percent, 
the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.028

Where:

EWWiACTUAL=Monthly wastewater stream emission rate if 
wastewater stream i is treated to a level more stringent than the 
reference control technology, megagrams per month.
PRim=The efficiency of the treatment process, or series of 
treatment processes, that treat wastewater stream i in reducing the 
emission potential of organic HAP m in wastewater, dimensionless, as 
calculated by:
[GRAPHIC] [TIFF OMITTED] TR18AU95.029

Where:

HAPim-in=Average concentration of organic HAP m, parts per 
million by weight, as defined and determined according to paragraph 
(h)(6)(ii)(A) of this section, in the wastewater 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.

[[Page 68]]

    (1) If a steam stripper meeting the specifications in the definition 
of reference control technology for wastewater is used, Am 
shall be equal to the value of Frm given in table 7 of this 
subpart.
    (2) If an alternative control device is used, the percentage of 
reduction must be determined using the equation and methods specified in 
paragraph (h)(6)(iii)(A) of this section for determining 
PRim. If the value of PRim is greater than or 
equal to the value of Frm given in table 7 of this subpart, 
then Am equals Frm unless a higher nominal 
efficiency has been approved. If a higher nominal efficiency has been 
approved for the treatment process, the owner or operator shall 
determine EWW1iACTUAL according to paragraph (h)(6)(iii)(B) 
of this section rather than paragraph (h)(6)(iii)(A) of this section. If 
PRim is less than the value of FRm given in table 
7 of this subpart, emissions averaging shall not be used for this 
emission point.
    (C) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated hazardous air 
pollutant that is greater than that specified in table 7 of this 
subpart, and the vapor control device has an approved nominal efficiency 
greater than 95 percent, the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.031

where all terms are as defined and determined in paragraphs (h)(6)(ii) 
and (h)(6)(iii)(A) of this section.

    (iv) The following equation shall be used to calculate 
EWW2iBASE for each Group 2 wastewater stream i that on 
November 15, 1990 was not correctly suppressed or was correctly 
suppressed but not treated:
[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.


[[Page 69]]


    (vi) For Group 2 wastewater streams that are correctly suppressed, 
EWW2iACTUAL shall be calculated according to the equation for 
EWW2iBASE in paragraph (h)(6)(v) of this section. 
EWW2iACTUAL shall be calculated with all control methods in 
place accounted for.
    (vii) The reduction efficiency, Ri, of the vapor control 
device shall be demonstrated according to the following procedures:
    (A) Sampling sites shall be selected using Method 1 or 1A of 40 CFR 
part 60, appendix A, as appropriate.
    (B) The mass flow rate of organic compounds entering and exiting the 
control device shall be determined as follows:
    (1) The time period for the test shall not be less than 3 hours 
during which at least three runs are conducted.
    (2) A run shall consist of a 1-hour period during the test. For each 
run:
    (i) The volume exhausted shall be determined using Methods 2, 2A, 
2C, or 2D of 40 CFR part 60 appendix A, as appropriate;
    (ii) The organic concentration in the vent stream entering and 
exiting the control device shall be determined using Method 18 of 40 CFR 
part 60, appendix A. Alternatively, any other test method validated 
according to the procedures in Method 301 of appendix A of this part may 
be used.
    (3) The mass flow rate of organic compounds entering and exiting the 
control device during each run shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18AU95.034

Where:

Ea=Mass flow rate of organic compounds exiting the control 
device, kilograms per hour.
Eb=Mass flow rate of organic compounds entering the control 
device, kilograms per hour.
Vap=Average volumetric flow rate of vent stream exiting the 
control device during run p at standards conditions, cubic meters per 
hour.
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

[[Page 70]]

a single plant site, the owner or operator shall submit the information 
specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section to 
the Administrator in writing:
    (i) Emission stream characteristics of each emission point to which 
the control technology is or will be applied including the kind of 
emission point, flow, organic HAP concentration, and all other stream 
characteristics necessary to design the control technology or determine 
its performance;
    (ii) Description of the control technology including design 
specifications;
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA method 
or any other method validated according to Method 301 of appendix A of 
this part. If it is infeasible to obtain test data, documentation may 
include a design evaluation and calculations. The engineering basis of 
the calculation procedures and all inputs and assumptions made in the 
calculations shall be documented; and
    (iv) A description of the parameter or parameters to be monitored to 
ensure that the control technology will be operated in conformance with 
its design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) The Administrator shall determine within 120 calendar days 
whether an application presents sufficient information to determine 
nominal efficiency. The Administrator reserves the right to request 
specific data in addition to the items listed in paragraph (i)(1) of 
this section.
    (3) The Administrator shall determine within 120 calendar days of 
the submittal of sufficient data whether a control technology shall have 
a nominal efficiency and the level of that nominal efficiency. If, in 
the Administrator's judgment, the control technology achieves a level of 
emission reduction greater than the reference control technology for a 
particular kind of 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

[[Page 71]]

paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
    (i) A pollution prevention measure is any practice that results in a 
lesser quantity of organic HAP emissions per unit of product released to 
the atmosphere prior to out-of-process recycling, treatment, or control 
of emissions while the same product is produced.
    (ii) Pollution prevention measures may include: Substitution of 
feedstocks that reduce HAP emissions, alterations to the production 
process to reduce the volume of materials released to the environment, 
equipment modifications; housekeeping measures, and in-process recycling 
that returns waste materials directly to production as raw materials. 
Production cutbacks do not qualify as pollution prevention.
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990 can be used in calculating 
the actual emissions from an emission point in the debit and credit 
equations in paragraphs (g) and (h) of this section.
    (i) For pollution prevention measures, the percentage of reduction 
used in the equations in paragraphs (g)(2) and (g)(3) of this section 
and paragraphs (h)(2) through (h)(4) of this section is the difference 
in percentage between the monthly organic HAP emissions for each 
emission point after the pollution prevention measure for the most 
recent month versus monthly emissions from the same emission point 
before the pollution prevention measure, adjusted by the volume of 
product produced during the two monthly periods.
    (ii) The following equation shall be used to calculate the 
percentage of reduction of a pollution prevention measure for each 
emission point.
[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.

[[Page 72]]

QBi=Average flow rate for wastewater stream i before the 
pollution prevention measure, liters per minute.
HBi=Number of hours per month that wastewater stream i was 
discharged before the pollution prevention measure, hours per month.
s=Total number of organic HAP's in wastewater stream i.
Fem=Fraction emitted of organic HAP m in wastewater from 
table 7 of this subpart, dimensionless.
HAPBim=Average concentration of organic HAP m in wastewater 
stream i, defined and determined according to paragraph (h)(6)(ii)(A)(2) 
of this section, before the pollution prevention measure, parts per 
million by weight, as measured before the implementation of the 
pollution measure.

    (C) If the pollution prevention measure was implemented prior to 
July 14, 1994, records may be used to determine EB.
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance test or by a 
design evaluation and documented engineering calculations. Once an 
emissions-to-production ratio has been established, the ratio can be 
used to estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated using the 
following equation:
[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 Sec. Sec. 63.643 through 63.647, and Sec. Sec. 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

[[Page 73]]

State or local permitting authority may require such adjustments to the 
emissions averaging plan as are necessary in order to ensure that the 
average will not result in greater hazard or risk to human health or the 
environment than would result if the emission points were controlled 
according to Sec. Sec. 63.643 through 63.647, and Sec. Sec. 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 Sec. Sec. 63.643 through 63.647, and Sec. Sec. 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 74]]

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 
Sec. Sec. 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 Sec. Sec. 
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 
Sec. Sec. 63.643 through 63.647 and Sec. Sec. 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 75]]

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 Sec. Sec. 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 76]]

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 Sec. Sec. 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 Sec. Sec. 63.181 
and 63.182 of subpart H of this part except for Sec. Sec. 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 
Sec. Sec. 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 77]]

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 78]]

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 Sec. Sec. 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 Sec. Sec. 
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 79]]

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 80]]

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 81]]

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 82]]

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 
Sec. Sec. 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 Sec. Sec. 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 83]]

    (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 Sec. Sec. 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 84]]

    (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 85]]

    (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 Sec. Sec. 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]



Sec. 63.655  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is

[[Page 86]]

delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.640, 63.642(g) through (l), 63.643, and 63.646 through 63.652. Where 
these standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart. Where these standards reference another subpart and modify the 
requirements, the requirements shall be modified as described in this 
subpart. Delegation of the modified requirements will also occur 
according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37351, June 23, 2003]



Sec. Sec. 63.656-63.679  [Reserved]



             Sec. Appendix to Subpart CC of Part 63--Tables

                    Table 1--Hazardous Air Pollutants
------------------------------------------------------------------------
                                                                CAS No.
                        Chemical name                             \a\
------------------------------------------------------------------------
Benzene......................................................      71432
Biphenyl.....................................................      92524
Butadiene (1,3)..............................................      10990
Carbon disulfide.............................................      75150
Carbonyl sulfide.............................................     463581
Cresol (mixed isomers \b\)...................................    1319773
Cresol (m-)..................................................     108394
Cresol (o-)..................................................      95487
Cresol (p-)..................................................     106445
Cumene.......................................................      98828
Dibromoethane (1,2) (ethylene dibromide).....................     106934
Dichloroethane (1,2).........................................     107062
Diethanolamine...............................................     111422
Ethylbenzene.................................................     100414
Ethylene glycol..............................................     107211
Hexane.......................................................     110543
Methanol.....................................................      67561
Methyl ethyl ketone (2-butanone).............................      78933
Methyl isobutyl ketone (hexone)..............................     108101
Methyl tert butyl ether......................................    1634044
Naphthalene..................................................      91203
Phenol.......................................................     108952
Toluene......................................................     108883
Trimethylpentane (2,2,4).....................................     540841
Xylene (mixed isomers \b\)...................................    1330207
xylene (m-)..................................................     108383
xylene (o-)..................................................      95476
xylene (p-)..................................................    106423
------------------------------------------------------------------------
\a\ CAS number = Chemical Abstract Service registry number assigned to
  specific compounds, isomers, or mixtures of compounds.
\b\ Isomer means all structural arrangements for the same number of
  atoms of each element and does not mean salts, esters, or derivatives.


             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 Sec.
                               requirements.         Sec.
                                                     63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(b)...................  Records required for  Except for Sec.
                               process unit          Sec.
                               equipment.            63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(c)...................  Visual inspection     Except for Sec.
                               documentation.        Sec.
                                                     63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(d)...................  Leak detection        Except for Sec.
                               record requirements.  63.181(d)(8).

[[Page 87]]

 
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 Sec.
                                                     Sec.  63.182
                                                     (c)(2) and (c)(4).
63.182(d)...................  Periodic report.....  Except for Sec.
                                                     Sec.  63.182
                                                     (d)(2)(vii),
                                                     (d)(2)(viii), and
                                                     (d)(3).
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


     Table 4--Gasoline Distribution Emission Point Recordkeeping and
                       Reporting Requirements \a\
------------------------------------------------------------------------
    Reference (section of
   subpart R of this part)         Description             Comment
------------------------------------------------------------------------
63.428(b)...................  Records of test
                               results for each
                               gasoline cargo tank
                               loaded at the
                               facility.
63.428(c)...................  Continuous
                               monitoring data
                               recordkeeping
                               requirements.
63.428(g)(1)................  Semiannual report     Required to be
                               loading rack          submitted with the
                               information.          periodic report
                                                     required under 40
                                                     CFR part 63 subpart
                                                     CC.
63.428 (h)(1) through (h)(3)  Excess emissions      Required to be
                               report loading rack   submitted with the
                               information.          periodic report
                                                     required under 40
                                                     CFR part 63 subpart
                                                     CC.
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


  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.

[[Page 88]]

 
63.567(g)...................  Marine vessel vapor-
                               tightness
                               documentation
63.567(h)...................  Documentation file
                               maintenance
63.567(i)...................  Emission estimation
                               reporting and
                               recordkeeping
                               procedures
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


       Table 6--General Provisions Applicability to Subpart CC \a\
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart CC            Comment
------------------------------------------------------------------------
63.1(a)(1)....................  Yes
63.1(a)(2)....................  Yes
63.1(a)(3)....................  Yes
63.1(a)(4)....................  No                 Subpart CC (this
                                                    table) specifies
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    CC.
63.1(a)(5)-63.1(a)(9).........  No
63.1(a)(10)...................  No                 Subpart CC and other
                                                    cross-referenced
                                                    subparts specify
                                                    calendar or
                                                    operating day.
63.1(a)(11)...................  Yes
63.1(a)(12)...................  Yes
63.1(a)(13)...................  Yes
63.1(a)(14)...................  Yes
63.1(b)(1)....................  No                 Subpart CC specifies
                                                    its own
                                                    applicability.
63.1(b)(2)....................  Yes
63.1(b)(3)....................  No
63.1(c)(1)....................  No                 Subpart CC explicitly
                                                    specifies
                                                    requirements that
                                                    apply.
63.1(c)(2)....................  No                 Area sources are not
                                                    subject to subpart
                                                    CC.
63.1(c)(3)....................  No
63.1(c)(4)....................  Yes
63.1(c)(5)....................  Yes                Except that sources
                                                    are not required to
                                                    submit notifications
                                                    overridden by this
                                                    table.
63.1(d).......................  No
63.1(e).......................  No
63.2..........................  Yes                Sec.  63.641 of
                                                    subpart CC specifies
                                                    that if the same
                                                    term is defined in
                                                    subparts A and CC,
                                                    it shall have the
                                                    meaning given in
                                                    subpart CC.
63.3..........................  No                 Units of measure are
                                                    spelled out in
                                                    subpart CC.
63.4(a)(1)-63.4(a)(3).........  Yes
63.4(a)(4)....................  No                 Reserved.
63.4(a)(5)....................  Yes
63.4(b).......................  Yes
63.4(c).......................  Yes
63.5(a)(1)....................  Yes                Except replace term
                                                    ``source'' and
                                                    ``stationary
                                                    source'' in Sec.
                                                    63.5(a)(1) of
                                                    subpart A with
                                                    ``affected source.''
63.5(a)(2)....................  Yes
63.5(b)(1)....................  Yes
63.5(b)(2)....................  No                 Reserved.
63.5(b)(3)....................  Yes
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.

[[Page 89]]

 
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
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.

[[Page 90]]

 
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
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

[[Page 91]]

 
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.


  Table 7--Fraction Measured (Fm), Fraction Emitted (Fe), and Fraction
          Removed (Fr) for HAP Compounds in Wastewater Streams
------------------------------------------------------------------------
                                           CAS No.
              Chemical name                  \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.

[[Page 92]]

 
<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
                                 )).
                                                   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.

[[Page 93]]

 
                                                   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]



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

[[Page 94]]

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.
    (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).

[[Page 95]]

    (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 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.

[[Page 96]]

    (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 
Sec. Sec. 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 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,

[[Page 97]]

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 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 an 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

[[Page 98]]

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 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

[[Page 99]]

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 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

[[Page 100]]

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 
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

[[Page 101]]

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 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 Sec. Sec. 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.

[[Page 102]]

    (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-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

[[Page 103]]

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 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

[[Page 104]]

or operator determines that the process vent stream flow rate is less 
than 0.005 cubic meters per minute (m\3\/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 m\3\/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 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) of this section.
    (A) Less than the VOHAP concentration limit (CR) 
established for the treatment process using the procedure specified in 
Sec. 63.694(d); or
    (B) Less than the lowest VOHAP concentration determined for each of 
the

[[Page 105]]

off-site material streams entering the treatment process as determined 
by the VOHAP concentration of the off-site material at the point-of-
delivery.
    (2) HAP mass removal. The treatment process shall achieve a 
performance level such that the total quantity of HAP actually removed 
from the off-site material stream (MR) is equal to or greater than the 
required mass removal (RMR) established for the off-site material stream 
using the procedure specified in Sec. 63.694(e) of this subpart. The MR 
for the off-site material streams shall be determined using the 
procedures specified in Sec. 63.694(f) of this subpart.
    (3) HAP reduction efficiency. 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 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

[[Page 106]]

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 Sec. Sec. 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 records the measured values of the selected operating 
parameters. The monitoring equipment shall be installed, calibrated, and 
maintained in accordance with the equipment manufacturer's 
specifications. The continuous recorder shall be a data recording device 
that is capable of recording 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

[[Page 107]]

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; 66 
FR 1266, Jan. 8, 2001; 68 FR 37351, June 23, 2003]



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 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.

[[Page 108]]

    (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 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

[[Page 109]]

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.
    (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

[[Page 110]]

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 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

[[Page 111]]

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 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 (4) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure 
shall be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, appendix B. The enclosure may have permanent or temporary 
openings to allow worker

[[Page 112]]

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.
    (4) The owner or operator shall inspect and monitor the closed-vent 
system and control device as specified in Sec. 63.693.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38968, July 20, 1999; 66 
FR 1266, Jan. 8, 2001]



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 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

[[Page 113]]

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 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

[[Page 114]]

    (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.
    (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

[[Page 115]]

from equipment leaks for which Sec. 63.683(d) references the use of 
this section for such air emissions 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, as amended at 66 FR 1266, Jan. 8, 2001]



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 
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.

[[Page 116]]

    (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 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 to comply with paragraph 
(c)(2) of this section, the device shall be placed on the mechanism by 
which the bypass device position is controlled (e.g., valve handle, 
damper lever) when the bypass device is in the closed position such that 
the bypass device cannot be opened without breaking the seal or removing 
the lock. Examples of such devices include, but are not limited to, a 
car-seal or a lock-and-key configuration valve.
    (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

[[Page 117]]

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) 
using one of the continuous monitoring systems specified in paragraphs 
(d)(3)(i) through (iii) of this section. Monitoring the operation of a 
nonregenerable carbon adsorption system (e.g., a carbon canister) using 
a continuous monitoring system is not required when the carbon canister 
or the carbon in the control device is replaced on a regular basis 
according to the requirements in paragraph (d)(4)(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
    (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 organic monitoring system must 
comply either with Performance Specification 8 or 9 in 40 CFR part 60, 
appendix B. The relative accuracy provision of Performance Specification 
8, Sections 2.4 and 3 need not be conducted.
    (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. The

[[Page 118]]

provisions of this paragraph (d)(4)(i) do not apply to a nonregenerable 
carbon adsorption system (e.g., a carbon canister) for which the carbon 
canister or the carbon in the control device is replaced on a regular 
basis according to the requirements in paragraph (d)(4)(iii) of this 
section.
    (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.
    (iii) As an alternative to meeting the requirements in paragraphs 
(d)(3) and (d)(4)(i) of this section, an owner or operator of a 
nonregenerable carbon adsorption system may choose to replace on a 
regular basis the carbon canister or the carbon in the control device 
using the procedures in either paragraph (d)(4)(iii)(A) or 
(d)(4)(iii)(B) of this section. For the purpose of complying with this 
paragraph (d)(4)(iii), a nonregenerable carbon adsorption system means a 
carbon adsorption system that does not regenerate the carbon bed 
directly onsite in the control device, such as a carbon canister. The 
spent carbon removed from the nonregenerable carbon adsorption system 
must be managed according to the requirements in paragraph (d)(4)(ii) of 
this section.
    (A) Monitor the concentration level of the organic compounds in the 
exhaust vent from the carbon adsorption system on a regular schedule, 
and when carbon breakthrough is indicated, immediately replace either 
the existing carbon canister with a new carbon canister or replace the 
existing carbon in the control device with fresh carbon. Measurement of 
the concentration level of the organic compounds in the exhaust vent 
stream must be made with a detection instrument that is appropriate for 
the composition of organic constituents in the vent stream and is 
routinely calibrated to measure the organic concentration level expected 
to occur at breakthrough. The monitoring frequency must be daily or at 
an interval no greater than 20 percent of the time required to consume 
the total carbon working capacity established as a requirement of 
paragraph (d)(2)(ii)(B) of this section, whichever is longer.
    (B) Replace either the existing carbon canister with a new carbon 
canister or replace the existing carbon in the control device with fresh 
carbon at a regular, predetermined time interval that is less than the 
design carbon replacement interval established as a requirement of 
paragraph (d)(2)(ii)(B) of this section.
    (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.

[[Page 119]]

    (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 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 level of organic compounds in the exhaust gas 
stream from the control device. The organic monitoring system must 
comply either with Performance Specification 8 or 9 in 40 CFR part 60, 
appendix B. The relative accuracy provision of Performance Specification 
8, Sections 2.4 and 3 need not be conducted.
    (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

[[Page 120]]

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.
    (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 
organic monitoring system must comply either with Performance 
Specification 8 or 9 in 40 CFR part 60, appendix B. The relative 
accuracy provision of Performance Specification 8, Sections 2.4 and 3 
need not be conducted.
    (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

[[Page 121]]

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 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 organic monitoring system must comply 
either with Performance Specification 8 or 9 in 40 CFR part 60, appendix 
B. The relative accuracy provision of Performance Specification 8, 
Sections 2.4 and 3 need not be conducted.
    (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

[[Page 122]]

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 
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, as amended at 66 FR 1266, Jan. 8, 2001; 68 
FR 37351, June 23, 2003]



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

[[Page 123]]

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. 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

[[Page 124]]

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, 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] TR08JA01.000

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.

    (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

[[Page 125]]

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 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.

[[Page 126]]

    (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.
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

[[Page 127]]

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, m\3\/hr.
ky = Density of stream ``y'', kg/m\3\.
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 
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


[[Page 128]]


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-Fbiox100

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=E\b\xFbio

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 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

[[Page 129]]

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 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.

[[Page 130]]

    (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 an 
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 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] TR08JA01.001
    
Where:

Cij, Coj = Concentration of sample component j of 
the gas stream at the inlet and outlet

[[Page 131]]

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, 2.494x10 -\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. 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

[[Page 132]]

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:
[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; 66 
FR 1267, Jan. 8, 2001]



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 and record off-site material treatment processes for 
compliance with the standards specified in 63.684(e), 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

[[Page 133]]

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.
    (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.

[[Page 134]]

    (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 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

[[Page 135]]

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 specified in Sec. 63.694(k) 
of this subpart to demonstrate that components or connections operate 
with no detectable organic emissions.
    (C) The continuous monitoring system required by Sec. 
63.693(b)(4)(i) shall monitor and record either an instantaneous data 
value at least once every 15 minutes or an average value for intervals 
of 15 minutes or less.
    (D) The owner or operator shall visually inspect the seal or closure 
mechanism required by Sec. 63.693(c)(2)(ii) at least once every month 
to verify that the bypass mechanism is maintained in the closed 
position.
    (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

[[Page 136]]

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.
    (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.

[[Page 137]]

    (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, 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

[[Page 138]]

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 
Sec. 63.6(e)(1); 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 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, as amended at 68 FR 37352, June 23, 2003; 
71 FR 20457, Apr. 20, 2006]



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.

[[Page 139]]

    (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 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

[[Page 140]]

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 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

[[Page 141]]

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  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.680, 63.683 through 63.691, and 63.693. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37352, June 23, 2003]



Sec. Table 1 to Subpart DD of Part 63--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

[[Page 142]]

 
107-05-1.......................................  Allyl chloride...................................        1.000
71-43-2........................................  Benzene (includes benzene in gasoline)...........        1.000
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 chloride \c\..................        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              (e)
                                                  constant value equal to or greater than 0.1 Y/X
                                                  (1.8x10-6 atm/gm-mole/m\3\) 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........................................  Phosgene \c\.....................................        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
79-34-5........................................  1,1,2,2-Tetrachloroethane........................        0.999

[[Page 143]]

 
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 fm 305 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]



 Sec. Table 2 to Subpart DD of Part 63--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
63.5(a)(1)....................  Yes                Except replace term
                                                    ``source'' and
                                                    ``stationary
                                                    source'' in Sec.
                                                    63.5(a)(1) of
                                                    subpart A with
                                                    ``affected source.''
63.5(a)(2)....................  Yes
63.5(b)(1)....................  Yes
63.5(b)(2)....................  No                 Reserved.
63.5(b)(3)....................  Yes

[[Page 144]]

 
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
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

[[Page 145]]

 
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)-(xi)...........  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, as amended at 66 FR 1267, Jan. 8, 2001]



Sec. Table 3 to Subpart DD of Part 63--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     Maximum HAP vapor       Level 1.
 m\3\.                            pressure less than
                                  76.6 kPa.
Design capacity equal to or      Maximum HAP vapor       Level 1.
 greater than 75 m\3\ and less    pressure less than
 than 151 m\3\.                   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 m\3\.           pressures less than
                                  5.2 kPa.
                                 Maximum HAP vapor       Level 2.
                                  pressure equal to or
                                  greater than 5.2 kPa.
------------------------------------------------------------------------


[[Page 146]]



Sec. Table 4 to Subpart DD of Part 63--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     Maximum HAP vapor       Level 1.
 m\3\.                            pressure less than
                                  76.6 kPa.
Design capacity equal to or      Maximum HAP vapor       Level 1.
 greater than 38 m\3\ and less    pressure less than
 than 151 m\3\.                   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 m\3\.           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 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

[[Page 147]]

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.
    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.

[[Page 148]]

    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).
    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,

[[Page 149]]

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, 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.

[[Page 150]]

    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 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

[[Page 151]]

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.



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.

[[Page 152]]

    (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 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

[[Page 153]]

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
    (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, Sec. Sec. 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:

[[Page 154]]

    (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 
Sec. Sec. 63.6(e), 63.6(f), 63.6(g), 63.6(i)(4), 63.7, 63.8, 63.9 (c) 
through (h), 63.10(b)(2), 63.10(c), 63.10(d) (2) through (5), 63.10(e), 
and 63.11 of subpart A.
    (2) Magnetic tape manufacturing operations subject to Sec. 
63.703(b) shall fulfill the recordkeeping requirements of Sec. 
63.706(e) and the reporting requirements of Sec. 63.707 (b), (c), and 
(j).
    (3) An owner or operator of a magnetic tape manufacturing operation 
subject to Sec. 63.703(b) who chooses to no longer be subject to Sec. 
63.703(b) shall notify the Administrator or delegated State of such 
change. If by no longer being subject to Sec. 63.703(b), the source at 
which the magnetic tape manufacturing operation is located would become 
a major source, the owner or operator shall meet the following 
requirements, starting from the date of such notification:
    (i) Comply with paragraphs (c) through (g) of this section, and 
other provisions of this subpart within the timeframe specified in Sec. 
63.6(c)(5); and
    (ii) Comply with the HAP utilization limits in Sec. 63.703(b) until 
the requirements of paragraph (h)(3)(i) of this section are met.
    (i) For any solvent storage tank, piece of mix preparation 
equipment, waste handling device, condenser vent in solvent recovery, 
wash sink for cleaning removable parts, and set of equipment for 
flushing of fixed lines, the owner or operator may, instead of

[[Page 155]]

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 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

[[Page 156]]

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).
    (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

[[Page 157]]

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 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

[[Page 158]]

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 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

[[Page 159]]

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 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

[[Page 160]]

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 
Sec. Sec. 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 Sec. Sec. 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
    (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).

[[Page 161]]

    (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
    (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

[[Page 162]]

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.
    (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.

[[Page 163]]

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.
10\3\ = 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 Sec. Sec. 63.703(g)(1)(ii) and 63.705(h)(2), the 
concentrations of the individual organic HAP measured in the water shall 
be corrected to their concentrations had they been measured by Method 
305 of appendix A of this part. This is done by multiplying each 
concentration by the compound-specific fraction measured factor 
(FM) listed in table 34 of 40 CFR part 63, subpart G.
    (B) If measuring the total HAP concentration of an inlet and outlet 
wastewater stream to demonstrate compliance with Sec. 63.703(g)(1)(i) 
and following the procedures of Sec. 63.705(h)(3), the concentrations 
of the individual organic HAP measured in the water do not need to be 
corrected.
    (10) EPA Method 22 of appendix A of part 60 is used to determine 
visible emissions. Visible emissions testing shall be conducted for a 
minimum of 6 minutes during a time when particulate HAP transfer, as 
defined in this subpart, is occurring.
    (c) Initial compliance demonstrations. Except as stipulated in Sec. 
63.705(a), each owner or operator subject to the requirements of Sec. 
63.703(c) must demonstrate initial compliance with the requirements of 
this subpart by following the procedures of paragraphs (c)(1), (2), (3), 
(4), (5), or (6) and paragraph (d) of this section, as applicable. Each 
owner or operator subject to Sec. 63.703(d), (e), (f), and (g) must 
demonstrate initial compliance with the requirements of this subpart by 
following the procedures of paragraphs (e), (f), (g), and (h) of this 
section, as appropriate.
    (1) To demonstrate initial and continuous compliance with Sec. 
63.703(c)(1), (c)(3), or (c)(4) when emissions from only the affected 
coating operations are controlled by a dedicated solvent recovery 
device, each owner or operator of the affected coating operation may 
perform a liquid-liquid HAP or VOC material balance over rolling 7-day 
periods in lieu of demonstrating compliance through the methods in 
paragraphs (c)(2), (c)(3), or (c)(4) of this section. Results of the 
material balances calculation performed to demonstrate initial 
compliance shall be submitted to the Administrator with the notification 
of compliance status required by Sec. 63.9(h) and Sec. 63.707(d). When 
demonstrating compliance by this procedure, Sec. 63.7(e)(3) of subpart 
A does not apply. The amount of liquid HAP or VOC applied and recovered 
shall be determined as discussed in paragraph (c)(1)(iii) of this 
section. The overall HAP or VOC emission reduction (R) is calculated 
using equation 1:
[GRAPHIC] [TIFF OMITTED] TR15DE94.005

    (i) The value of RSi is zero unless the owner or operator 
submits the following information to the Administrator for approval of a 
measured RSi value that is greater than zero:
    (A) Measurement techniques; and

[[Page 164]]

    (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 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.

[[Page 165]]

    (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 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:

[[Page 166]]

[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 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

[[Page 167]]

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:
    (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

[[Page 168]]

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.
    (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:

[[Page 169]]

[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.
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

[[Page 170]]

    (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 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

[[Page 171]]

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 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 Sec. Sec. 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

[[Page 172]]

    (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 Sec. Sec. 63.703(i) and 63.704(b)(11)(ii) once the limit is 
approved.



Sec. 63.708  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.701 and 63.703.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37352, June 23, 2003]



    Sec. Table 1 to Subpart EE of Part 63--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
                                                   Sec. Sec.
                                                   63.701(a)(2) and
                                                   63.703 (b) and (h) to
                                                   a source does not in
                                                   and of itself make a
                                                   source subject to
                                                   part 70.
63.1(c)(4)-(5).............  Yes.
63.1(e)....................  Yes.
63.2.......................  Yes................  Additional terms
                                                   defined in Sec.
                                                   63.702(a); when
                                                   overlap between
                                                   subparts A and EE
                                                   occurs, subpart EE
                                                   takes precedence.
63.3.......................  Yes................  Units specific to
                                                   subpart EE are
                                                   defined in subpart
                                                   EE.
63.4(a)(1)-(3).............  Yes.
63.4(a)(5).................  Yes.
63.4(b)....................  Yes.
63.4(c)....................  Yes.
63.5(a)....................  Yes.
63.5(b)(1).................  Yes.
63.5(b)(3)-(6).............  Yes.
63.5(d)....................  Yes.
63.5(e)....................  Yes.
63.5(f)....................  Yes.
63.6(a)....................  Yes.
63.6(b)(1)-(5).............  Yes.
63.6(b)(7).................  Yes.
63.6(c)(1)-(2).............  Yes.
63.6(c)(5).................  Yes.
63.6(e)(1)-(2).............  Yes.
63.6(e)(3).................  Yes................  Owners or operators of
                                                   affected sources
                                                   subject to subpart EE
                                                   do not need to
                                                   address startups and
                                                   shutdowns because the
                                                   emission limitations
                                                   apply during these
                                                   times.
63.6(f)(1).................  No.................  Sec.  63.701(f) of
                                                   subpart EE specifies
                                                   when the standards
                                                   apply.

[[Page 173]]

 
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.
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.

[[Page 174]]

 
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.
    (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

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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 Sec. Sec. 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 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 Sec. Sec. 63.745(c) and 63.747(c), is exempt from the 
following requirements of this subpart: Sec. Sec. 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

[[Page 176]]

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 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.

[[Page 177]]

    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.
    Exterior primer means the first layer and any subsequent layers of 
identically formulated coating applied to the exterior surface of an 
aerospace vehicle or component where the component is used on the 
exterior of the aerospace vehicle. Exterior primers are typically used 
for corrosion prevention, protection from the environment, functional 
fluid resistance, and adhesion of subsequent exterior topcoats. Coatings 
that are defined as specialty coatings are not included under this 
definition.
    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.
    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.
    Large commercial aircraft means an aircraft of more than 110,000 
pounds, maximum certified take-off weight manufactured for non-military 
use.
    Leak means any visible leakage, including misting and clouding.

[[Page 178]]

    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.)
    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,

[[Page 179]]

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 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.

[[Page 180]]

    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 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

[[Page 181]]

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; 65 FR 76945, Dec. 8, 2000]



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;
    (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

[[Page 182]]

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 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 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

[[Page 183]]

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 
Sec. Sec. 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 Sec. Sec. 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; 
71 FR 20457, Apr. 20, 2006]



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) Unless the owner or operator satisfies the requirements in 
paragraph (a)(4) of this section, place used solvent-laden cloth, paper, 
or any other absorbent applicators used for cleaning in bags or other 
closed containers. Ensure that these bags and containers are kept closed 
at all times except when depositing or removing these materials from the 
container. Use bags and containers of such design so as to contain the 
vapors of the cleaning solvent. Cotton-tipped swabs used for very small 
cleaning operations are exempt from this requirement.
    (2) Unless the owner or operator satisfies the requirements in 
paragraph (a)(4) of this section, store fresh and spent cleaning 
solvents, except semi-aqueous solvent cleaners, used in aerospace 
cleaning operations in closed containers.
    (4) Demonstrate to the Administrator (or delegated State, local, or 
Tribal authority) that equivalent or better alternative measures are in 
place compared to the use of closed containers

[[Page 184]]

for the solvent-laden materials described in paragraph (a)(1) of this 
section, or the storage of solvents described in paragraph (a)(2) of 
this section.
    (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 programmed to spray into 
a closed container, shall be exempt from the requirements of paragraph 
(c) of this section.

[[Page 185]]

    (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.
------------------------------------------------------------------------


[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15018, Mar. 27 1998; 63 
FR 46533, Sept. 1, 1998; 68 FR 37352, June 23, 2003]



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

[[Page 186]]

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: 540 g/L (4.5 lb/gal) of 
primer (less water), as applied, for general aviation rework facilities; 
or 650 g/L (5.4 lb/gal) of exterior primer (less water), as applied, to 
large commercial aircraft components (parts or assemblies) or fully 
assembled, large commercial aircraft at existing affected sources that 
produce fully assembled, large commercial aircraft; or 350 g/L (2.9 lb/
gal) of primer (less water), as applied.
    (2) VOC emissions from primers shall be limited to a VOC content 
level of no more than: 540 g/L (4.5 lb/gal) of primer (less water and 
exempt solvents), as applied, for general aviation rework facilities; or 
650 g/L (5.4 lb/gal) of exterior primer (less water and exempt 
solvents), as applied, to large commercial aircraft components (parts or 
assemblies) or fully assembled, large commercial aircraft at existing 
affected sources that produce fully assembled, large commercial 
aircraft; or 350 g/L (2.9 lb/gal) of primer (less water and exempt 
solvents), as applied.
    (3) Organic HAP emissions from topcoats shall be limited to an 
organic HAP content level of no more than: 420 g/L (3.5 lb/gal) of 
coating (less water) as applied 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

[[Page 187]]

which any of the coatings contain organic HAP or VOC shall comply with 
the requirements specified in paragraphs (f)(1) and (f)(2) of this 
section.
    (1) All primers and topcoats (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, [micro]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, [micro]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

[[Page 188]]

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.
    (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, [micro]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, [micro]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;

[[Page 189]]

    (v) Stencil operations performed by brush or air brush;
    (vi) Section joining;
    (vii) Touch-up of bushings and other similar parts;
    (viii) Sealant detackifying;
    (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; 65 FR 76945, Dec. 8, 2000]



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

[[Page 190]]

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 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

[[Page 191]]

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]



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

[[Page 192]]

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 Sec. Sec. 63.745(g)(2)(ii) and 63.746(b)(4) 
for that new spray booth or 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,

[[Page 193]]

each coinciding with one or more complete sequences through the 
adsorption cycles of all of the individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with individual exhaust stacks for each carbon adsorber vessel pursuant 
to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall be 
tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) The primer application operation is considered in compliance 
when the conditions specified in paragraphs (d)(3)(i) through (d)(3)(iv) 
of this section, as applicable, and in paragraph (e) of this section are 
met. Failure to meet any one of the conditions identified in these 
paragraphs shall constitute noncompliance.
    (i) For all uncontrolled primers, all values of Hi and 
Ha (as determined using the procedures specified in Sec. 
63.750 (c) and (d)) are less than or equal to 350 grams of organic HAP 
per liter (2.9 lb/gal) of primer (less water) as applied, and all values 
of Gi and Ga (as determined using the procedures 
specified in Sec. 63.750 (e) and (f)) are less than or equal to 350 
grams of organic VOC per liter (2.9 lb/gal) of primer (less water and 
exempt solvents) as applied.
    (ii) If a control device is used:
    (A) The overall control system efficiency, Ek, as 
determined using the procedures specified in Sec. 63.750(g) for control 
systems containing carbon adsorbers and in Sec. 63.750(h) for control 
systems with other control devices, is equal to or greater than 81% 
during the initial performance test and any subsequent performance test;
    (B) If an incinerator other than a catalytic incinerator is used, 
the average combustion temperature for all 3-hour periods is greater 
than or equal to the average combustion temperature established under 
Sec. 63.751(b)(11); and
    (C) If a catalytic incinerator is used, the average combustion 
temperatures for all 3-hour periods are greater than or equal to the 
average combustion temperatures established under Sec. 63.751(b)(12).
    (iii)(A) Uses an application technique specified in Sec. 63.745 
(f)(1)(i) through (f)(1)(viii), or
    (B) Uses an alternative application technique, as allowed under 
Sec. 63.745(f)(1)(ix), such that the emissions of both organic HAP and 
VOC for the implementation period of the alternative application method 
are less than or equal to the emissions generated 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

[[Page 194]]

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.
    (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.

[[Page 195]]

    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) An organic HAP-containing chemical stripper depainting operation 
is considered in compliance when the conditions specified in paragraph 
(g)(3)(i) of this section are met.
    (i) If a carbon adsorber (or other control device) is used, the 
overall control efficiency of the control system, as determined using 
the procedures specified in Sec. 63.750(g) (or other control device as 
determined using the procedures specified in Sec. 63.750(h)), is equal 
to or greater than 81% for control systems installed before the 
effective date, or equal to or greater than 95% for control systems 
installed on or after the effective date, during the initial performance 
test and all subsequent material balances (or performance tests, as 
appropriate).
    (ii) For non-HAP depainting operations complying with Sec. 
63.746(b)(1);
    (A) For any spot stripping and decal removal, the value of C, as 
determined using the procedures specified in Sec. 63.750(j), is less 
than or equal to 26 gallons of organic HAP-containing chemical stripper 
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

[[Page 196]]

determination of the efficiency of a fixed-bed carbon adsorption system 
with individual exhaust stacks for each carbon adsorber vessel pursuant 
to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall be 
tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) The chemical milling maskant application operation is considered 
in compliance when the conditions specified in paragraphs (i)(3)(i) and 
(i)(3)(ii) of this section are met.
    (i) For all uncontrolled chemical milling maskants, all values of 
Hi and Ha (as determined using the procedures 
specified in Sec. 63.750 (k) and (l)) are less than or equal to 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 or 96 (incorporated by 
reference--see 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:


[[Page 197]]


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.
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.

[[Page 198]]

    (ii) Determine the total organic HAP weight fraction of each coating 
as applied each month.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the organic HAP content of the coating, the value previously determined 
may continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the organic HAP content of the coating, the total 
organic HAP weight fraction of the coating shall be redetermined.
    (iii) Manufacturer's formulation data may be used to determine the 
total organic HAP content of each coating and any ingredients added to 
the coating prior to its application. If the total organic HAP content 
cannot be determined using the manufacturer's data, the owner or 
operator shall submit an alternative procedure for determining the total 
organic HAP weight fraction for approval by the Administrator.
    (2)(i) Determine the volume both in total gallons as applied and in 
total gallons (less water) as applied of each coating. If any 
ingredients, including diluent solvents, are added prior to its 
application, the volume of each coating shall be determined at a time 
and location in the process after all ingredients (including any diluent 
solvent) have been added.
    (ii) Determine the volume of each coating (less water) as applied 
each month, unless the permitting agency specifies a shorter period as 
part of an ambient ozone control program.
    (iii) The volume applied may be determined from company records.
    (3)(i) Determine the density of each coating as applied. If any 
ingredients, including diluent solvent, are added to a coating prior to 
its application, the density of the coating shall be determined at a 
time and location in the process after all ingredients have been added.
    (ii) Determine the density of each coating as applied each month, 
unless the permitting agency specifies a shorter period as part of an 
ambient ozone control program.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the density of the coating, then the value previously determined may 
continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the density of the coating, then the density of 
the coating shall be redetermined.
    (iii) The density may be determined from company records, including 
manufacturer's data sheets. If the density of the coating cannot be 
determined using the company's records, including the manufacturer's 
data, then the owner or operator shall submit an alternative procedure 
for determining the density for approval by the Administrator.
    (4) Calculate the total volume in gallons as applied (less water) by 
summing the individual volumes of each coating (less water) as applied, 
which were determined under paragraph (d)(2) of this section.
    (5) Calculate the volume-weighted average mass of organic HAP in 
coatings emitted per unit volume (lb/gal) of coating (less water) as 
applied during each 30-day period using equation 4:
[GRAPHIC] [TIFF OMITTED] TR01SE95.007

where:

Ha=volume-weighted average mass of organic HAP emitted per 
unit volume of coating (lb/gal) (less water) as applied during each 30-
day period for those coatings being averaged.
n=number of coatings being averaged.
WHi=weight fraction (expressed as a decimal) of organic HAP 
in coating i as applied that is being averaged during each 30-day 
period.

[[Page 199]]

Dci=density (lb of coating per gal of coating) of coating i 
as applied that is being averaged during each 30-day period.
Vci=volume (gal) of coating i as applied that is being 
averaged during the 30-day period.
Clw=total volume (gal) of all coatings (less water) as 
applied that are being averaged during each 30-day period.

    (e) VOC content level determination--compliant primers and topcoats. 
For those uncontrolled primers and topcoats complying with the primer 
and topcoat VOC content levels specified in Sec. 63.745(c) without 
being averaged, the following procedure shall be used to determine the 
mass of VOC emitted per volume of coating (less water and exempt 
solvents) as applied.
    (1) Determine the VOC content of each formulation (less water and 
exempt solvents) as applied using manufacturer's supplied data or Method 
24 of 40 CFR part 60, appendix A, to determine the VOC content. The VOC 
content shall be used as a surrogate for total HAP content for coatings 
that contain no exempt solvent. If there is a discrepancy between the 
manufacturer's formulation data and the results of the Method 24 
analysis, compliance shall be based on the results from the Method 24 
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method 
24 shall be used. If the adjusted analytical VOC content is less than 
the formulation solvent content, then the analytical VOC content should 
be set equal to the formulation solvent content.
    (2) For each coating applied, calculate the mass of VOC emitted per 
volume of coating (lb/gal) (less water and exempt solvents) as applied 
using equations 5, 6, and 7:
[GRAPHIC] [TIFF OMITTED] TR01SE95.008

where:

Vwi=volume (gal) of water in one gal of coating i.
Dci=density (lb of coating per gal of coating) of coating i.
Wwi=weight fraction (expressed as a decimal) of water in 
coating i.
Dw=density of water, 8.33 lb/gal.
[GRAPHIC] [TIFF OMITTED] TR01SE95.009

where:

MVi=mass (lb) of VOC in one gal of coating i.
Dci=density (lb of coating per gal of coating) of coating i.
WVi=weight fraction (expressed as a decimal) of VOC in 
coating i.
[GRAPHIC] [TIFF OMITTED] 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.

[[Page 200]]

    (1)(i) Determine the VOC content (lb/gal) as applied of each 
coating. If any ingredients, including diluent solvent, are added to a 
coating prior to its application, the VOC content of the coating shall 
be determined at a time and location in the process after all 
ingredients have been added.
    (ii) Determine the VOC content of each coating as applied each 
month, unless the permitting agency specifies a shorter period as part 
of an ambient ozone control program.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the VOC content of the coating, the value previously determined may 
continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the VOC content of the coating, the VOC content 
of the coating shall be redetermined.
    (iii) Determine the VOC content of each primer and topcoat 
formulation (less water and exempt solvents) as applied using EPA Method 
24 or from manufacturer's data.
    (2)(i) Determine the volume both in total gallons as applied and in 
total gallons (less water and exempt solvents) as applied of each 
coating. If any ingredients, including diluent solvents, are added prior 
to its application, the volume of each coating shall be determined at a 
time and location in the process after all ingredients (including any 
diluent solvent) have been added.
    (ii) Determine the volume of each coating (less water and exempt 
solvents) as applied each day.
    (iii) The volume applied may be determined from company records.
    (3) Calculate the total volume in gallons (less water and exempt 
solvents) as applied by summing the individual volumes of each coating 
(less water and exempt solvents) as applied, which were determined under 
paragraph (f)(2) of this section.
    (4) Calculate the volume-weighted average mass of VOC emitted per 
unit volume (lb/gal) of coating (less water and exempt solvents) as 
applied for each coating category during each 30-day period using 
equation 8:
[GRAPHIC] [TIFF OMITTED] TR01SE95.011

where:

Ga=volume weighted average mass of VOC per unit volume of 
coating (lb/gal) (less water and exempt solvents) as applied during each 
30-day period for those coatings being averaged.
n=number of coatings being averaged.
(VOC)ci=VOC content (lb/gal) of coating i (less water and 
exempt solvents) as applied (as determined using the procedures 
specified in paragraph (f)(1) of this section) that is being averaged 
during the 30-day period.
Vci=volume (gal) of coating i (less water and exempt 
solvents) as applied that is being averaged during the 30-day period.
Clwes=total volume (gal) of all coatings (less water and 
exempt solvents) as applied during each 30-day period for those coatings 
being averaged.

    (5)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Ga, recalculation of Ga 
is required using the new value. If more than one coating is involved, 
the recalculation shall be made once using all of the new values.
    (ii) If recalculation is required, an owner or operator may elect to 
include in the recalculation of Ga uncontrolled 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

[[Page 201]]

(5) as applicable and paragraphs (6), (7), and (8) of this section. When 
an initial compliance demonstration is required by this subpart, the 
procedures in paragraphs (g)(9) through (g)(14) of this section shall be 
used in determining initial compliance with the provisions of this 
subpart.
    (1) To demonstrate initial and continuous compliance with Sec. 
63.745(d), Sec. 63.746(c), or Sec. 63.747(d) when emissions are 
controlled by a dedicated solvent recovery device, each owner or 
operator of the affected operation may perform a liquid-liquid HAP or 
VOC material balance over rolling 7- to 30-day periods in lieu of 
demonstrating compliance through the methods in paragraph (g)(2), 
(g)(3), or (g)(4) of this section. Results of the material balance 
calculations performed to demonstrate initial compliance shall be 
submitted to the Administrator with the notification of compliance 
status required by Sec. 63.9(h) and by Sec. 63.753 (c)(1)(iv), 
(d)(3)(i), and (e)(3). When demonstrating compliance by this procedure, 
Sec. 63.7(e)(3) of subpart A does not apply. The amount of liquid HAP 
or VOC applied and recovered shall be determined as discussed in 
paragraph (g)(1)(iii) of this section. The overall HAP or VOC emission 
reduction (R) is calculated using equation 9:
[GRAPHIC] [TIFF OMITTED] TR01SE95.012

    (i) The value of RSi is zero unless the owner or operator 
submits the following information to the Administrator for approval of a 
measured RSi value that is greater than zero:
    (A) Measurement techniques; and
    (B) Documentation that the measured value of RSi exceeds 
zero.
    (ii) The measurement techniques of paragraph (g)(1)(i)(A) of this 
section shall be submitted to the Administrator for approval with the 
notification of performance test required under Sec. 63.7(b).
    (iii) Each owner or operator demonstrating compliance by the test 
method described in paragraph (g)(1) of this section shall:
    (A) Measure the amount of coating or stripper as applied;
    (B) Determine the VOC or HAP content of all coating and stripper 
applied using the test method specified in Sec. 63.750(c) (1) through 
(3) or (e) (1) and (2) of this section;
    (C) Install, calibrate, maintain, and operate, according to the 
manufacturer's specifications, a device that indicates the amount of HAP 
or VOC recovered by the solvent recovery device over rolling 7- to 30-
day periods; the device shall be certified by the manufacturer to be 
accurate to within 2.0 percent, and this 
certification shall be kept on record;
    (D) Measure the amount of HAP or VOC recovered; and
    (E) Calculate the overall HAP or VOC emission reduction (R) for 
rolling 7- to 30-day periods using equation 9.
    (F) Compliance is demonstrated if the value of R is equal to or 
greater than the overall HAP control efficiencies required by Sec. 
63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (2) To demonstrate initial compliance with Sec. 63.745(d), Sec. 
63.746(c), or Sec. 63.747(d) when affected HAP emission points are 
controlled by an emission control device other than a fixed-bed carbon 
adsorption system with individual exhaust stacks for each carbon 
adsorber vessel, each owner or operator of an affected source shall 
perform a gaseous emission test using the following procedures.
    (i) Construct the overall HAP emission reduction system so that all 
volumetric flow rates and total HAP or VOC emissions can be accurately 
determined by the applicable test methods 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:

[[Page 202]]

    (A) Build a temporary total enclosure around the affected HAP 
emission point(s); or
    (B) Shut down all gaseous emission points not affected by this 
subpart and continue to exhaust fugitive emissions from the affected HAP 
emission points through any building ventilation system and other room 
exhausts such as drying ovens. All ventilation air must be vented 
through stacks suitable for testing.
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating.
    (iv) Determine the efficiency (E) of the control device using 
equation 10:
    (v) Determine the efficiency (F) of the capture system using 
equation 11:
[GRAPHIC] [TIFF OMITTED] TR01SE95.013

    (vi) For each HAP emission point subject to Sec. 63.745(d), Sec. 
63.746(c), or Sec. 63.747(d), compliance is demonstrated if the product 
of (E) x (F) is equal to or greater than the overall HAP control 
efficiencies required under Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d).
    (3) To demonstrate compliance with Sec. 63.745(d), Sec. 63.746(c), 
or Sec. 63.747(d) when affected HAP emission points are controlled by a 
fixed-bed carbon adsorption system with individual exhaust stacks for 
each carbon adsorber vessel, each owner or operator of an affected 
source shall perform a gaseous emission test using the following 
procedures:
    (i) Construct the overall HAP emission reduction system so that each 
volumetric flow rate and the total HAP emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec. 63.750(g) (9) through (14);
    (ii) Assure that all HAP emissions from the affected HAP emission 
point(s) are segregated from gaseous emission points not affected by 
this subpart and that the emissions can be captured for measurement, as 
described in 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:

[[Page 203]]

    (i) Demonstrate that a total enclosure is installed. An enclosure 
that meets the requirements in paragraphs (g)(4)(i) (A) through (D) of 
this section shall be considered a total enclosure. The owner or 
operator of an enclosure that does not meet these requirements may apply 
to the Administrator for approval of the enclosure as a total enclosure 
on a case-by-case basis. The enclosure shall be considered a total 
enclosure if it is demonstrated to the satisfaction of the Administrator 
that all HAP emissions from the affected HAP emission point(s) are 
contained and vented to the control device. The requirements for 
automatic approval are as follows:
    (A) The total area of all natural draft openings shall not exceed 5% 
of the total surface area of the total enclosure's walls, floor, and 
ceiling;
    (B) All sources of emissions within the enclosure shall be a minimum 
of four equivalent diameters away from each natural draft opening;
    (C) The average inward face velocity (FV) across all natural draft 
openings shall be a minimum of 3,600 meters per hour as determined by 
the following procedures:
    (1) All forced makeup air ducts and all exhaust ducts are 
constructed so that the volumetric flow rate in each can be accurately 
determined by the test methods and procedures specified in Sec. 
63.750(g) (10) and (11); volumetric flow rates shall be calculated 
without the adjustment normally made for moisture content; and
    (2) Determine FV by equation 14:
    [GRAPHIC] [TIFF OMITTED] TR01SE95.016
    
    (D) The air passing through all natural draft openings shall flow 
into the enclosure continuously. If FV is less than or equal to 9,000 
meters per hour, the continuous inward flow of air shall be verified by 
continuous observation using smoke tubes, streamers, tracer gases, or 
other means approved by the Administrator over the period that the 
volumetric flow rate tests required to determine FV are carried out. If 
FV is greater than 9,000 meters per hour, the direction of airflow 
through the natural draft openings shall be presumed to be inward at all 
times without verification.
    (ii) Determine the control device efficiency using equation 10 or 
equations 12 and 13, as applicable, and the test methods and procedures 
specified in Sec. 63.750(g) (9) through (14).
    (iii) Compliance shall be achieved if the installation of a total 
enclosure is demonstrated and the value of E determined from equation 10 
(or the value of Hsys determined from equations 12 and 13, as 
applicable) is equal to or greater than the overall HAP control 
efficiencies required under Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d).
    (5) When nonregenerative carbon adsorbers are used to comply with 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d), the owner or 
operator may conduct a design evaluation to demonstrate initial 
compliance in lieu of following the compliance test procedures of 
paragraphs (g)(1), (2), (3), and (4) of this section. The design 
evaluation shall consider the vent stream composition, component 
concentrations, flow rate, relative humidity, and temperature, and shall 
establish the design exhaust vent stream organic compound concentration 
level, capacity of the carbon bed, type and working capacity of 
activated carbon used for the carbon bed, and design carbon replacement 
interval 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)

[[Page 204]]

through (14), shall be equal to or greater than the overall HAP control 
efficiency required by Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d).
    (C) When a nonregenerative carbon adsorber is used, the ductwork 
from the affected emission point(s) shall be vented to the control 
device and the carbon adsorber shall be demonstrated, through the 
procedures of Sec. 63.750(g) (1), (2), (3), (4), or (5), to meet the 
requirements of Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (7) Startups and shutdowns are normal operation for this source 
category. Emissions from these activities are to be included when 
determining if the standards specified in Sec. 63.745(d), Sec. 
63.746(c), or Sec. 63.747(d) are being attained.
    (8) An owner or operator who uses compliance techniques other than 
those specified in this subpart shall submit a description of those 
compliance procedures, subject to the Administrator's approval, in 
accordance with Sec. 63.7(f) of subpart A.
    (9) Either EPA Method 18 or EPA Method 25A of appendix A of part 60, 
as appropriate to the conditions at the site, shall be used to determine 
VOC and HAP concentration of air exhaust streams as required by Sec. 
63.750(g) (1) through (6). The owner or operator shall submit notice of 
the intended test method to the Administrator for approval along with 
the notification of the performance test required under Sec. 63.7(b). 
Method selection shall be based on consideration of the diversity of 
organic species present and their total concentration and on 
consideration of the potential presence of interfering gases. Except as 
indicated in paragraphs (g)(9) (i) and (ii) of this section, the test 
shall consist of three separate runs, each lasting a minimum of 30 
minutes.
    (i) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with a common exhaust stack for all the individual carbon adsorber 
vessels pursuant to 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.

[[Page 205]]

    (i) Use Method 1 or 1A of 40 CFR part 60, appendix A, as 
appropriate, to select the sampling sites.
    (ii) Determine the gas volumetric flow rate using Method 2, 2A, 2C, 
or 2D of 40 CFR part 60, appendix A, as appropriate.
    (iii) Use Method 18 of 40 CFR part 60, appendix A, to measure either 
TOC minus methane and ethane or total organic HAP. Alternatively, any 
other method or data that have been validated according to the 
applicable procedures in Method 301 of this part may be used.
    (iv) Use the following procedure to calculate the destruction or 
removal efficiency:
    (A) The destruction or removal efficiency test shall consist of 
three runs. The minimum sampling time for each run shall be 1 hour in 
which either an integrated sample or a minimum of four grab samples 
shall be taken. If grab sampling is used, the samples shall be taken at 
approximately equal intervals in time such as 15-minute intervals during 
the run.
    (B) Calculate the mass rate of either TOC (minus methane and ethane) 
or total organic HAP (Ei, Eo using equations 16 
and 17:
[GRAPHIC] [TIFF OMITTED] TR01SE95.018

where:

Ei, Eo=mass rate of TOC (minus methane and ethane) 
or total organic HAP at the inlet and outlet of the control device, 
respectively, dry basis, kg/hr.
K2=constant, 2.494x10-6 (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

[[Page 206]]

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 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 207]]

[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 the procedure specified in 
paragraph (d)(3) of this section.
    (4) Calculate the volume-weighted average mass of organic HAP 
emitted

[[Page 208]]

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.
    (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:

[[Page 209]]

[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; 65 FR 62215, Oct. 17, 2000]



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. Sec. 63.745(d), 63.746(c), and 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 (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)(8) through (12) of this section.
    (1) Except as allowed by paragraph (b)(2) or (b)(5) of this section, 
for each control device used to control organic HAP or VOC emissions, 
the owner or operator shall fulfill the requirements of paragraph (b)(1) 
(i) or (ii) of this section.
    (i) The owner or operator shall establish as a site-specific 
operating parameter the outlet total HAP or VOC concentration that 
demonstrates compliance with Sec. 63.745(d), Sec. 63.746(c), or Sec. 
63.747(d) as appropriate; or
    (ii) The owner or operator shall establish as the site-specific 
operating parameter the control device efficiency that demonstrates 
compliance with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (iii) When a nonregenerative carbon adsorber is used to comply with 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d), the site-specific 
operating parameter value may be established as part of the design 
evaluation used to demonstrate initial compliance. Otherwise, the site-

[[Page 210]]

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 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.

[[Page 211]]

    (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 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).

[[Page 212]]

    (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 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

[[Page 213]]

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.
    (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).

[[Page 214]]

    (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; 65 FR 76945, Dec. 8, 2000]



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
    (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/

[[Page 215]]

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 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:

[[Page 216]]

    (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.
    (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)

[[Page 217]]

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:
    (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

[[Page 218]]

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,
    (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

[[Page 219]]

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 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

[[Page 220]]

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]



Sec. Sec. 63.754-63.758  [Reserved]



Sec. 63.759  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of

[[Page 221]]

this section are retained by the Administrator of U.S. EPA and cannot be 
transferred to the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.741, 63.743, 63.744(a)(3), (b) through (e), 63.745 through 63.748, 
and 63.649(a).
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37352, June 23, 2003]



Sec. 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
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

[[Page 222]]

 
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
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

[[Page 223]]

 
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
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]



 Sec. 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.

[[Page 224]]

    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 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

[[Page 225]]

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.
    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.

[[Page 226]]

    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.



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) Facilities that are major or area sources of hazardous air 
pollutants (HAP) as defined in Sec. 63.761. Emissions for major source 
determination purposes can be estimated using the maximum natural gas or 
hydrocarbon liquid throughput, as appropriate, calculated in paragraphs 
(a)(1)(i) through (iii) of this section. As an alternative to 
calculating the maximum natural gas or hydrocarbon liquid throughput, 
the owner or operator of a new or existing source may use the facility's 
design maximum natural gas or hydrocarbon liquid throughput to estimate 
the maximum potential emissions. Other means to determine the facility's 
major source status are allowed, provided the information is documented 
and recorded to the Administrator's satisfaction. A facility that is 
determined to be an area source, but subsequently increases its 
emissions or its 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), and becomes a 
major source, must comply thereafter with all provisions of this subpart 
applicable to a major source 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

[[Page 227]]

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 for major sources are listed in paragraph 
(b)(1) of this section and for area sources in paragraph (b)(2) of this 
section.
    (1) For major sources, the affected source 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)(i) 
through (b)(1)(iv) of this section.
    (i) Each glycol dehydration unit;
    (ii) Each storage vessel with the potential for flash emissions;
    (iii) 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
    (iv) Compressors intended to operate in volatile hazardous air 
pollutant service (as defined in Sec. 63.761), which are located at 
natural gas processing plants.
    (2) For area sources, the affected source includes each triethylene 
glycol (TEG) dehydration unit located at a facility that meets the 
criteria specified in paragraph (a) of this section.
    (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 major source facility, prior to the point of custody transfer, 
with a facility-wide actual annual average natural gas throughput less 
than 18.4 thousand standard cubic meters per day and a facility-wide 
actual annual average hydrocarbon liquid throughput less than 39,700 
liters per day.
    (f) The owner or operator of an affected major source shall achieve 
compliance with the provisions of this subpart by the dates specified in 
paragraphs (f)(1) and (f)(2) of this section. The owner or operator of 
an affected area source shall achieve compliance with the provisions of 
this subpart by the dates specified in paragraphs (f)(3) through (f)(6) 
of this section.
    (1) The owner or operator of an affected major source, the 
construction or reconstruction of which commenced before February 6, 
1998, shall achieve compliance with the applicable 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 major source, the 
construction or reconstruction of which commences on or after February 
6, 1998, shall achieve compliance with the applicable 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

[[Page 228]]

standard immediately upon becoming a major source.
    (3) The owner or operator of an affected area source, located in an 
Urban-1 county, as defined in Sec. 63.761, the construction or 
reconstruction of which commences before February 6, 1998, shall achieve 
compliance with the provisions of this subpart no later than the dates 
specified in paragraphs (f)(3)(i) or (ii) of this section, except as 
provided for in Sec. 63.6(i).
    (i) If the affected area source is located within any UA plus offset 
and UC boundary, as defined in Sec. 63.761, the compliance date is 
January 4, 2010.
    (ii) If the affected area source is not located within any UA plus 
offset and UC boundary, as defined in Sec. 63.761, the compliance date 
is January 5, 2009.
    (4) The owner or operator of an affected area source, located in an 
Urban-1 county, as defined in Sec. 63.761, 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 January 3, 2007, whichever date is later.
    (5) The owner or operator of an affected area source that is not 
located in an Urban-1 county, as defined in Sec. 63.761, the 
construction or reconstruction of which commences before July 8, 2005, 
shall achieve compliance with the provisions of this subpart no later 
than the dates specified in paragraphs (f)(5)(i) or (ii) of this 
section, except as provided for in Sec. 3.6(i).
    (i) If the affected area source is located within any UA plus offset 
and UC boundary, as defined in Sec. 63.761, the compliance date is 
January 4, 2010.
    (ii) If the affected area source is not located within any UA plus 
offset and UC boundary, as defined in Sec. 63.761, the compliance date 
is January 5, 2009.
    (6) The owner or operator of an affected area source that is not 
located in an Urban-1 county, as defined in Sec. 63.761, the 
construction or reconstruction of which commences on or after July 8, 
2005, shall achieve compliance with the provisions of this subpart 
immediately upon initial startup or January 3, 2007, whichever date is 
later.
    (g) The following provides owners or operators of an affected source 
at a major source with information on overlap of this subpart with other 
regulations for equipment leaks. The owner or operator of an affected 
source at a major source 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. Unless otherwise required by law, the owner or 
operator of an area source subject to the provisions of this subpart is 
exempt from the permitting requirements established by 40 CFR part 70 or 
40 CFR part 71.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34550, June 29, 2001; 
72 FR 36, Jan. 3, 2007]



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.

[[Page 229]]

    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 an enclosed 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 a control device or closed-vent system.
    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 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.

[[Page 230]]

    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 the glycol dehydration 
unit reboiler vent and the vent from the GCG separator (flash tank), if 
present.
    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

[[Page 231]]

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 vessels with the 
potential for flash emissions shall be aggregated for a major source 
determination. For facilities that are not production field facilities, 
HAP emissions from all HAP emission units 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 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

[[Page 232]]

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.
    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, 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.

[[Page 233]]

    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.
    UA plus offset and UC is defined as the area occupied by each 
urbanized area, each urban cluster that contains at least 10,000 people, 
and the area located two miles or less from each urbanized area 
boundary.
    Urban-1 County is defined as a county that contains a part of a 
Metropolitan Statistical Area with a population greater than 250,000, 
based on the Office of Management and Budget's Standards for defining 
Metropolitan and Micropolitan Statistical Areas (December 27, 2000), and 
Census 2000 Data released by the U.S. Census Bureau.
    Urbanized area refers to Census 2000 Urbanized Area, which is 
defined in the Urban Area Criteria for Census 2000 (March 15, 2002). 
Essentially, an urbanized area consists of densely settled territory 
with a population of at least 50,000 people.
    Urban cluster refers to a Census 2000 Urban Cluster, which is 
defined in the Urban Area Criteria for Census 2000 (March 15, 2002). 
Essentially, an urban cluster consists of densely settled territory with 
at least 2,500 people but fewer than 50,000 people.
    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).

[64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 
72 FR 37, Jan. 3, 2007]



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) Except as provided in paragraph (e) of this section, the owner 
or operator shall prepare a startup, shutdown, and 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.

[[Page 234]]

    (e) Owners or operators are not required to prepare a startup, 
shutdown, and malfunction plan for any facility where all of the 
affected sources meet the exemption criteria specified in Sec. 
63.764(e), or for any facility that is not located within a UA plus 
offset and UC boundary.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 
72 FR 38, Jan. 3, 2007]



Sec. 63.763  [Reserved]



Sec. 63.764  General standards.

    (a) Table 2 of this subpart specifies the provisions of subpart A 
(General Provisions) of this part 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 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 Sec. Sec. 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 
Sec. Sec. 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) Except as specified in paragraph (e)(1) of this section, the 
owner or operator of an affected source located at an existing or new 
area source of HAP emissions shall comply with the applicable standards 
specified in paragraph (d) of this section.
    (1) Each owner or operator of an area source located within an UA 
plus offset and UC boundary (as defined in Sec. 63.761) shall comply 
with the provisions specified in paragraphs (d)(1)(i) through (iii) of 
this section.
    (i) The control requirements for glycol dehydration unit process 
vents specified in Sec. 63.765;
    (ii) The monitoring requirements specified in Sec. 63.773; and
    (iii) The recordkeeping and reporting requirements specified in 
Sec. Sec. 63.774 and 63.775.
    (2) Each owner or operator of an area source not located in a UA 
plus offset and UC boundary (as defined in Sec. 63.761) shall comply 
with paragraphs (d)(2)(i) through (iii) of this section.
    (i) Determine the optimum glycol circulation rate using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR02JA07.001

Where:

LOPT = Optimal circulation rate, gal/hr.
F = Gas flowrate (MMSCF/D).
I = Inlet water content (lb/MMSCF).
O = Outlet water content (lb/MMSCF).
3.0 = The industry accepted rule of thumb for a TEG-to water ratio (gal 
TEG/lb H2O).
1.15 = Adjustment factor included for a margin of safety.

    (ii) Operate the TEG dehydration unit such that the actual glycol 
circulation rate does not exceed the optimum glycol circulation rate 
determined in accordance with paragraph

[[Page 235]]

(d)(2)(i) of this section. If the TEG dehydration unit is unable to meet 
the sales gas specification for moisture content using the glycol 
circulation rate determined in accordance with paragraph (d)(2)(i), the 
owner or operator must calculate an alternate circulation rate using 
GRI-GLYCalc\TM\, Version 3.0 or higher. The owner or operator must 
document why the TEG dehydration unit must be operated using the 
alternate circulation rate and submit this documentation with the 
initial notification in accordance with Sec. 63.775(c)(7).
    (iii) Maintain a record of the determination specified in paragraph 
(d)(2)(ii) in accordance with the requirements in Sec. 63.774(f) and 
submit the Initial Notification in accordance with the requirements in 
Sec. 63.775(c)(7). If operating conditions change and a modification to 
the optimum glycol circulation rate is required, the owner or operator 
shall prepare a new determination in accordance with paragraph (d)(2)(i) 
or (ii) of this section and submit the information specified under Sec. 
63.775(c)(7)(ii) through (v).
    (e) Exemptions. (1) The owner or operator is exempt from the 
requirements of paragraph (c)(1) and (d) of this section if the criteria 
listed in paragraph (e)(1)(i) or (ii) of this section are met, except 
that the records of the determination of these criteria must be 
maintained as required in Sec. 63.774(d)(1).
    (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 paragraph (e)(2)(i) or (ii) of 
this section are met, except that the records of the determination of 
these criteria must be maintained as required in Sec. 63.774(d)(2).
    (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); or
    (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 take further action as required by the 
applicable provisions of this subpart.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 
72 FR 38, Jan. 3, 2007]



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 either paragraph (c)(1)(i) 
or paragraph (d)(1)(i) of Sec. 63.764.

[[Page 236]]

    (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 paragraph (c)(3)(i) or (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.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 
72 FR 38, Jan. 3, 2007]



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).
    (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

[[Page 237]]

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.



Sec. Sec. 63.767-63.768  [Reserved]



Sec. 63.769  Equipment leak standards.

    (a) This section applies to equipment subject to this subpart and 
specified in paragraphs (a)(1) and (2) of this section that is located 
at a natural gas processing plant and 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, Sec. Sec. 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 paragraphs (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.
    (8) Flares used to comply with this subpart shall comply with the 
requirements of Sec. 63.11(b).

[64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001]



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.

[[Page 238]]

    (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 storage vessel.
    (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) At the inlet to the bypass device that could divert the stream 
away from the control device to the atmosphere, properly install, 
calibrate, maintain, and operate a flow indicator that is capable of 
taking periodic readings and sounding 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.
    (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
    (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).

[[Page 239]]

    (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 Sec. Sec. 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 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

[[Page 240]]

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 due to process modifications.
    (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.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34552, June 29, 2001; 
68 FR 37353, June 23, 2003]



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, you shall use the method in either paragraph 
(a)(1)(i) or paragraph (a)(1)(ii) of this section.
    (i) Method 18 of 40 CFR part 60, appendix A, or
    (ii) ASTM D6420-99 (2004), Standard Test Method for Determination of 
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass 
Spectrometry (incorporated by reference--see Sec. 63.14), provided that 
the provisions of paragraphs (a)(1)(ii)(A) through (D) of this section 
are followed:
    (A) The target compound(s) are those listed in section 1.1 of ASTM 
D6420-99 (2004);
    (B) The target concentration is between 150 parts per billion by 
volume and 100 parts per million by volume;
    (C) For target compound(s) not listed in Table 1.1 of ASTM D6420-99 
(2004), but potentially detected by mass spectrometry, the additional 
system continuing calibration check after each run, as detailed in 
section 10.5.3 of ASTM D6420-99 (2004), is conducted, met, documented, 
and submitted with the data report, even if there is no moisture 
condenser used or the compound is not considered water soluble; and
    (D) For target compound(s) not listed in Table 1.1 of ASTM D6420-99 
(2004), and not amenable to detection by mass spectrometry, ASTM D6420-
99 (2004) may not 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

[[Page 241]]

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.
    (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-GLYCalc \TM\, Version 3.0 or higher, and 
the procedures presented in the associated GRI-GLYCalc \TM\ 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 using 
the methods in Sec. 63.772(a)(1)(i) or (ii), or an alternative method 
according to Sec. 63.7(f). 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)(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 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

[[Page 242]]

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 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) Except as specified in paragraph (e)(2) of this section, 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 (iv) of this section. The performance test 
results shall be submitted in the

[[Page 243]]

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 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 one of the 
following methods: Method 18, 40 CFR part 60, appendix A; Method 25A, 40 
CFR part 60, appendix A; ASTM D6420-99 (2004), as specified in Sec. 
63.772(a)(1)(ii); or any other method or data that have been validated 
according to the applicable procedures in Method 301, 40 CFR part 63, 
appendix A. 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 using the equations 
and procedures specified in paragraphs (e)(3)(iii)(B)(1) through (3) of 
this section. As an alternative, the mass rate of either TOC (minus 
methane and ethane) or total HAP at the inlet of the control device 
(Ei) may be calculated using the procedures specified in 
paragraph (e)(3)(iii)(B)(4) of this section.
    (1) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR29JN01.025
    
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.
n = Number of components in sample.

    (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, or ASTM D6420-99 
(2004) as specified in Sec. 63.772(a)(1)(ii), 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.
    (4) As an alternative to the procedures for calculating 
Ei specified in paragraph (e)(3)(iii)(B)(1) of this section, 
the owner or operator may use the model GRI-GLYCalc\TM\, Version 3.0 or 
higher, and the procedures presented in the associated GRI-GLYCalc\TM\ 
Technical Reference Manual. Inputs to

[[Page 244]]

the model shall be representative of actual operating conditions of the 
glycol dehydration unit and shall 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). When the TOC mass rate is calculated for 
glycol dehydration units using the model GRI-GLYCalc\TM\, 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. When the total HAP mass rate is calculated for glycol 
dehydration units using the model GRI-GLYCalc\TM\, only HAP chemicals 
listed in Table 1 of this subpart shall be summed.
    (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 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 one of the following methods to measure 
either TOC (minus methane and ethane) or total HAP: Method 18, 40 CFR 
part 60, appendix A; Method 25A, 40 CFR part 60, appendix A; ASTM D6420-
99 (2004), as specified in Sec. 63.772(a)(1)(ii), or any other method 
or data that have been validated according to Method 301 of appendix A 
of this part. 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

[[Page 245]]

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 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

[[Page 246]]

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-GLYCalc \TM\, 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 Sec. 
63.771(d)(1)(i) and (e)(3). Compliance shall be demonstrated using the 
requirements in paragraphs (f)(1) through (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 (e)(3) 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 (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 (e)(3) for condensers. Compliance shall be 
demonstrated using the procedures in paragraphs (g)(1) through (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 (e)(3) shall be demonstrated by the procedures in 
paragraphs (g)(2)(i) through (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 as 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. 63.771(e), the 365-day average 
HAP emission reduction shall be calculated using the emission reduction 
achieved through process modifications and the condenser efficiency as 
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

[[Page 247]]

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 (e)(3) if the average HAP emission 
reduction calculated in paragraph (g)(2)(iii) of this section is equal 
to or greater than 95.0 percent.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34552, June 29, 2001; 
72 FR 38, Jan. 3, 2007]



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 Sec. Sec. 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, 
each cover shall be inspected according to the procedures and schedule 
specified in paragraph (c)(2)(iii) of this section, and each bypass 
device shall be inspected according to the procedures of paragraph 
(c)(2)(iv) 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:
    (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. Inspection results shall be 
submitted with the Notification of Compliance Status Report as specified 
in Sec. 63.775(d)(1) or (2).
    (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. Inspection results shall be submitted in the 
Periodic Report as specified in Sec. 63.775(e)(2)(iii).
    (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. Inspection results shall be 
submitted with the Notification of Compliance Status Report as specified 
in Sec. 63.775(d)(1) or (2).
    (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. Inspection results shall be 
submitted in the Periodic Report as specified in Sec. 
63.775(e)(2)(iii).
    (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. Inspection results shall be 
submitted in the Periodic Report as specified in Sec. 
63.775(e)(2)(iii).
    (iii) For each cover, the owner or operator shall:
    (A) Conduct visual inspections for defects that could result in air 
emissions.

[[Page 248]]

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 storage vessel 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 specified in paragraph (c)(2)(iii)(A) of this 
section shall be conducted initially, following the installation of the 
cover. Inspection results shall be submitted with the Notification of 
Compliance Status Report as specified in Sec. 63.775(d)(12). 
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. Annual inspection results shall be submitted in the 
Periodic Report as specified in Sec. 63.775(e)(2)(iii).
    (iv) For each bypass device, except as provided for in Sec. 
63.771(c)(3)(ii), the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the steam 
away from the control device to the atmosphere, set the flow indicator 
to take a reading at least once every 15 minutes; or
    (B) If the bypass device valve installed at the inlet to the bypass 
device is secured in the non-diverting position using a car-seal or a 
lock-and-key type configuration, 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.
    (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:
    (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

[[Page 249]]

section. Owners or operators that install and operate a flare in 
accordance with Sec. 63.771(d)(1)(iii) are exempt from the requirements 
of paragraphs (d)(4) and (5) 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 (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.
    (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

[[Page 250]]

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, 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 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

[[Page 251]]

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-GLYCalc \TM\, 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 in a day.
    (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.
    (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 
Sec. 63.6(e)(1); 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).

[[Page 252]]

    (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.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34553, June 29, 2001; 
68 FR 37353, June 23, 2003; 71 FR 20457, Apr. 20, 2006]



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), (d), and (f) of this 
section, each owner or operator of a facility subject to this subpart 
shall maintain the records specified in paragraphs (b)(1) through (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) or specified by the 
Administrator in accordance with Sec. 63.773(d)(3)(iii). For flares, 
the hourly records and records of pilot flame outages specified in 
paragraph (e) of this section 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, the records required in paragraph (e) of this 
section.
    (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)

[[Page 253]]

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 or defects 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 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 of a glycol dehydration unit that meets 
the exemption criteria in Sec. 63.764(e)(1)(i) or Sec. 
63.764(e)(1)(ii) shall maintain the records specified in paragraph 
(d)(1)(i) or paragraph (d)(1)(ii) of this section, as appropriate, for 
that glycol dehydration unit.

[[Page 254]]

    (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 
ancillary equipment or a compressor 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 ancillary equipment or 
compressors, 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 hourly records and other recorded periods when the pilot 
flame is absent.
    (f) The owner or operator of an area source not located within a UA 
plus offset and UC boundary must keep a record of the calculation used 
to determine the optimum glycol circulation rate in accordance with 
Sec. 63.764(d)(2)(i) or Sec. 63.764(d)(2)(ii), as applicable.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34554, June 29, 2001; 
72 FR 39, Jan. 3, 2007]



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) 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

[[Page 255]]

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) Except as provided in paragraph (c)(8), each owner or operator 
of an area source subject to this subpart shall submit the information 
listed in paragraph (c)(1) of this section. If the source is located 
within a UA plus offset and UC boundary, the owner or operator shall 
also submit the information listed in paragraphs (c)(2) through (6) of 
this section. If the source is not located within any UA plus offset and 
UC boundaries, the owner or operator shall also submit the information 
listed within paragraph (c)(7).
    (1) The initial notifications required under Sec. 63.9(b)(2) not 
later than January 3, 2008. In addition to submitting your initial 
notification to the addressees specified under Sec. 63.9(a), you must 
also submit a copy of the initial notification to EPA's Office of Air 
Quality Planning and Standards. Send your notification via e-mail to 
[email protected] or via U.S. mail or other mail delivery service to U.S. 
EPA, Sector Policies and Programs Division/Coatings and Chemicals Group 
(E143-01), Attn: Oil and Gas Project Leader, Research Triangle Park, NC 
27711.
    (2) The date of the performance evaluation as specified in Sec. 
63.8(e)(2) if an owner or operator is required by the Administrator to 
conduct a performance evaluation for a continuous monitoring system.
    (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 
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 (c)(1) of this 
section.
    (4) A Notification of Compliance Status as described in paragraph 
(d) of this section;
    (5) Periodic reports as described in paragraph (e)(3) of this 
section; and
    (6) Startup, shutdown, and malfunction reports specified in Sec. 
63.10(d)(5). 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) The information listed in paragraphs (c)(1)(i) through (v) of 
this section. This information shall be submitted with the initial 
notification.
    (i) Documentation of the source's location relative to the nearest 
UA plus offset and UC boundaries. This information shall include the 
latitude and longitude of the affected source; whether the source is 
located in an urban cluster with 10,000 people or more; the distance in 
miles to the nearest urbanized area boundary if the source is not 
located in an urban cluster with 10,000 people or more; and the names of 
the nearest urban cluster with 10,000 people or more and nearest 
urbanized area.
    (ii) Calculation of the optimum glycol circulation rate determined 
in accordance with Sec. 63.764(d)(2)(i).
    (iii) If applicable, documentation of the alternate glycol 
circulation rate calculated using GRI-GLYCalc\TM\, Version 3.0 or higher 
and documentation stating why the TEG dehydration unit must operate 
using the alternate glycol circulation rate.
    (iv) The name of the manufacturer and the model number of the glycol 
circulation pump(s) in operation.
    (v) Statement by a responsible official, with that official's name, 
title, and signature, certifying that the facility will always operate 
the glycol dehydration unit using the optimum circulation rate 
determined in accordance with Sec. 63.764(d)(2)(i) or Sec. 
63.764(d)(2)(ii), as applicable.
    (8) An owner or operator of a TEG dehydration unit located at an 
area source that meets the criteria in Sec. 63.764(e)(1)(i) or Sec. 
63.764(e)(1)(ii) is exempt from the reporting requirements

[[Page 256]]

for area sources in paragraphs (c)(1) through (7) of this section, for 
that unit.
    (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 (12) 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 (12) of this section at different times, and/
or different submittals, subsequent submittals may refer to previous 
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 
the information in paragraph (d)(1)(iii) of this section and the 
information in either paragraph (d)(1)(i) or (ii) of this section.
    (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.
    (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.
    (iii) The results of the closed-vent system initial inspections 
performed according to the requirements in Sec. 63.773(c)(2)(i) and 
(ii).
    (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. The owner or operator shall also submit the information in 
paragraph (d)(2)(iii) 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.
    (ii) A statement of whether a flame was present at the pilot light 
over the full period of the compliance determination.
    (iii) The results of the closed-vent system initial inspections 
performed according to the requirements in Sec. 63.773(c)(2)(i) and 
(ii).
    (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 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

[[Page 257]]

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 the analysis performed under 
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.
    (12) If a cover is installed to comply with Sec. 63.764, the 
results of the initial inspection performed according to the 
requirements specified in Sec. 63.773(c)(2)(iii).
    (e) Periodic Reports. An owner or operator of a major source shall 
prepare Periodic Reports in accordance with paragraphs (e) (1) and (2) 
of this section and submit them to the Administrator. An owner or 
operator of an area source shall prepare Periodic Reports in accordance 
with paragraph (e)(3) of this section and submit them to the 
Administrator.
    (1) An owner or operator shall submit Periodic Reports semiannually 
beginning 60 calendar days after the end of the applicable reporting 
period. The first report shall be submitted no later

[[Page 258]]

than 240 days after the date the Notification of Compliance Status 
Report is due and shall cover the 6-month period 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 (x) 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 the lack of monitoring data, as 
specified in Sec. 63.773(d)(6)(iv), 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).
    (x) For flares, the records specified in Sec. 63.774(e)(3).
    (3) An owner or operator of an area source located inside a UA plus 
offset and UC boundary shall prepare and submit Periodic Reports in 
accordance with paragraphs (e)(3)(i) through (iii) of this section.
    (i) Periodic reports must be submitted on an annual basis. The first 
reporting period shall cover the period beginning on the date the 
Notification of Compliance Status Report is due and ending on December 
31. The report shall be submitted within 30 days after the end of the 
reporting period.
    (ii) Subsequent reporting periods begin every January 1 and end on 
December 31. Subsequent reports shall be

[[Page 259]]

submitted within 30 days following the end of the reporting period.
    (iii) The periodic reports must contain the information included in 
paragraph (e)(2) of this section.
    (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 changes involving the 
addition of processes or equipment.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34554, June 29, 2001; 
72 FR 39, Jan. 3, 2007]



Sec. 63.776  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.760, 63.764 through 63.766, 63.769, 63.771, and 63.777.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in 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 Sec. Sec. 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.



Sec. Sec. 63.778-63.779  [Reserved]



             Sec. Appendix to Subpart HH of Part 63--Tables

 Table 1 to Subpart HH of Part 63--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

[[Page 260]]

 
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 of Part 63--Applicability of 40 CFR Part 63 General Provisions to Subpart HH
----------------------------------------------------------------------------------------------------------------
      General provisions reference          Applicable to 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).......................  Yes.
Sec.  63.1(a)(7) through (a)(9)........  No.........................  Section reserved.
Sec.  63.1(a)(10)......................  Yes.
Sec.  63.1(a)(11)......................  Yes.
Sec.  63.1(a)(12)......................  Yes.
Sec.  63.1(b)(1).......................  No.........................  Subpart HH specifies applicability.
Sec.  63.1(b)(2).......................  No.........................  Section reserved.
Sec.  63.1(b)(3).......................  Yes.
Sec.  63.1(c)(1).......................  No.........................  Subpart HH specifies applicability.
Sec.  63.1(c)(2).......................  Yes.                         Subpart HH exempts area sources from the
                                                                        requirement to obtain a title V permit
                                                                        unless otherwise required by law as
                                                                        specified in Sec.  63.760(h).
Sec.  63.1(c)(3) and (c)(4)............  No.........................  Section reserved.
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.
Sec.  63.4(a)(1) through (a)(2)........  Yes.
Sec.  63.4(a)(3) through (a)(5)........  No.........................  Section reserved.
Sec.  63.4(b)..........................  Yes.
Sec.  63.4(c)..........................  Yes.
Sec.  63.5(a)(1).......................  Yes.
Sec.  63.5(a)(2).......................  Yes.
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).......................  No.........................  Section Reserved.
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.

[[Page 261]]

 
Sec.  63.6(c)(3) through (c)(4)........  No.........................  Section reserved.
Sec.  63.6(c)(5).......................  Yes.
Sec.  63.6(d)..........................  No.........................  Section reserved.
Sec.  63.6(e)..........................  Yes.
Sec.  63.6(e)(1)(i)....................  No.........................  Except as otherwise specified. Addressed
                                                                        in Sec.  63.762.
Sec.  63.6(e)(1)(ii)...................  Yes.
Sec.  63.6(e)(1)(iii)..................  Yes.
Sec.  63.6(e)(2).......................  No.........................  Section reserved.
Sec.  63.6(e)(3)(i)....................  Yes.                         Sources exempt under Sec.  63.764(e) and
                                                                        sources located outside UA plus offset
                                                                        and UC boundaries are not required to
                                                                        develop startup, shutdown, and
                                                                        malfunction plans as stated in Sec.
                                                                        63.762(e).
Sec.  63.6(e)(3)(i)(A).................  No.........................  Except as otherwise specified. Addressed
                                                                        in 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)...................  No.........................  Section reserved.
Sec.  63.6(e)(3)(iii) through (3)(vi)..  Yes.
Sec.  63.6(e)(3)(vii)..................  Yes.
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)(viii) through (ix)....  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 contain opacity or
                                                                        visible emission standards.
Sec.  63.6(i)(1) through (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(a)(1).......................  Yes.
Sec.  63.7(a)(2).......................  Yes........................  But the performance test results must be
                                                                        submitted within 180 days after the
                                                                        compliance date.
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.
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).......................  Yes.
Sec.  63.8(c)(4)(i)....................  No.........................  Subpart HH does not require continuous
                                                                        opacity monitors.
Sec.  63.8(c)(4)(ii)...................  Yes.
Sec.  63.8(c)(5) through (c)(8)........  Yes.
Sec.  63.8(d)..........................  Yes.
Sec.  63.8(e)..........................  Yes........................  Subpart HH does not specifically require
                                                                        continuous emissions monitor performance
                                                                        evaluation, however, the Administrator
                                                                        can request that one be conducted.
Sec.  63.8(f)(1) through (f)(5)........  Yes.
Sec.  63.8(f)(6).......................  Yes.
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.

[[Page 262]]

 
Sec.  63.9(b)(2).......................  Yes........................  Existing sources are given 1 year (rather
                                                                        than 120 days) to submit this
                                                                        notification. Major and area sources
                                                                        that meet Sec.  63.764(e) do not have
                                                                        to submit initial notifications.
Sec.  63.9(b)(3).......................  No.........................  Section reserved.
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)..........................  No.........................  Subpart HH does not have opacity or
                                                                        visible emission standards.
Sec.  63.9(g)(1).......................  Yes.
Sec.  63.9(g)(2).......................  No.........................  Subpart HH does not have opacity or
                                                                        visible emission standards.
Sec.  63.9(g)(3).......................  Yes.
Sec.  63.9(h)(1) through (h)(3)........  Yes........................  Area sources located outside UA plus
                                                                        offset and UC boundaries are not
                                                                        required to submit notifications of
                                                                        compliance status.
Sec.  63.9(h)(4).......................  No.........................  Section reserved.
Sec.  63.9(h)(5) through (h)(6)........  Yes.
Sec.  63.9(i)..........................  Yes.
Sec.  63.9(j)..........................  Yes.
Sec.  63.10(a).........................  Yes.
Sec.  63.10(b)(1)......................  Yes.                         Sec.  63.774(b)(1) requires sources to
                                                                        maintain the most recent 12 months of
                                                                        data on site and allows offsite storage
                                                                        for the remaining 4 years of data.
Sec.  63.10(b)(2)......................  Yes.
Sec.  63.10(b)(3)......................  Yes........................  Sec.  63.774(b)(1) requires sources to
                                                                        maintain the most recent 12 months of
                                                                        data on site and allows offsite storage
                                                                        for the remaining 4 years of data.
Sec.  63.10(c)(1)......................  Yes.
Sec.  63.10(c)(2) through (c)(4).......  No.........................  Sections reserved.
Sec.  63.10(c)(5) through (c)(8).......  Yes.
Sec.  63.10(c)(9)......................  No.........................  Section reserved.
Sec.  63.10(c)(10) through(c)(15)......  Yes.
Sec.  63.10(d)(1)......................  Yes.
Sec.  63.10(d)(2)......................  Yes........................  Area sources located outside UA plus
                                                                        offset and UC boundaries do not have to
                                                                        submit performance test reports.
Sec.  63.10(d)(3)......................  Yes.
Sec.  63.10(d)(4)......................  Yes.
Sec.  63.10(d)(5)(i)...................  Yes........................  Subpart HH requires major sources to
                                                                        submit a startup, shutdown, and
                                                                        malfunction report semi-annually. Area
                                                                        sources located within UA plus offset
                                                                        and UC boundaries are required to submit
                                                                        startup, shutdown, and malfunction
                                                                        reports annually. Area sources located
                                                                        outside UA plus offset and UC boundaries
                                                                        are not required to submit startup,
                                                                        shutdown, and malfunction reports.
Sec.  63.10(e)(1)......................  Yes........................  Area sources located outside UA plus
                                                                        offset and UC boundaries are not
                                                                        required to submit reports.
Sec.  63.10(e)(2)......................  Yes........................  Area sources located outside UA plus
                                                                        offset and UC boundaries are not
                                                                        required to submit reports.
Sec.  63.10(e)(3)(i)...................  Yes........................  Subpart HH requires major sources to
                                                                        submit Periodic Reports semi-annually.
                                                                        Area sources are required to submit
                                                                        Periodic Reports annually. Area sources
                                                                        located outside UA plus offset and UC
                                                                        boundaries are not required to submit
                                                                        reports.
Sec.  63.10(e)(3)(i)(A)................  Yes.
Sec.  63.10(e)(3)(i)(B)................  Yes.
Sec.  63.10(e)(3)(i)(C)................  No.........................  Section reserved.
Sec.  63.10(e)(3)(ii) through (viii)...  Yes.
Sec.  63.10(f).........................  Yes.
Sec.  63.11(a) and (b).................  Yes.
Sec.  63.11(c), (d), and (e)...........  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
Sec.  63.16............................  Yes.
----------------------------------------------------------------------------------------------------------------


[[Page 263]]


[64 FR 32628, June 17, 1999, as amended at 66 FR 34554, June 29, 2001; 
71 FR 20457, Apr. 20, 2006; 72 FR 40, Jan. 3, 2007; 73 FR 78214, Dec. 
22, 2008]



Subpart II_National Emission Standards for Shipbuilding and Ship Repair 
                            (Surface Coating)

    Source: 60 FR 64336, Dec. 15, 1995, unless otherwise noted.



Sec. 63.780  Relationship of subpart II to subpart A of this part.

    Table 1 of this subpart specifies the provisions of subpart A of 
this part that apply to owners and operators of sources subject to the 
provisions of this subpart.



Sec. 63.781  Applicability.

    (a) The provisions of this subpart apply to shipbuilding and ship 
repair operations at any facility that is a major source.
    (b) The provisions of this subpart do not apply to coatings used in 
volumes of less than 200 liters (52.8 gallons) per year, provided the 
total volume of coating exempt under this paragraph does not exceed 
1,000 liters per year (264 gallons per year) at any facility. Coatings 
exempt under this paragraph shall be clearly labeled as ``low-usage 
exempt,'' and the volume of each such coating applied shall be 
maintained in the facility's records.
    (c) The provisions of this subpart do not apply to coatings applied 
with hand-held, nonrefillable, aerosol containers or to unsaturated 
polyester resin (i.e., fiberglass lay-up) coatings. Coatings applied to 
suitably prepared fiberglass surfaces for protective or decorative 
purposes are subject to this subpart.
    (d) The provisions in subpart A of this part pertaining to startups, 
shutdowns, and malfunctions and continuous monitoring do not apply to 
this source category unless an add-on control system is used to comply 
with this subpart in accordance with Sec. 63.783(c).



Sec. 63.782  Definitions.

    Terms used in this subpart are defined in the Clean Air Act (CAA), 
in subpart A of part 63, or in this section as follows:
    Add-on control system means an air pollution control device such as 
a carbon absorber or incinerator that reduces pollution in an air stream 
by destruction or removal prior to discharge to the atmosphere.
    Affected source means any shipbuilding or ship repair facility 
having surface coating operations with a minimum 1,000 liters (L) (264 
gallons [gal]) annual marine coating usage that is subject to this 
subpart.
    Air flask specialty coating means any special composition coating 
applied to interior surfaces of high pressure breathing air flasks to 
provide corrosion resistance and that is certified safe for use with 
breathing air supplies.
    Antenna specialty coating means any coating applied to equipment 
through which electromagnetic signals must pass for reception or 
transmission.
    Antifoulant specialty coating means any coating that is applied to 
the underwater portion of a vessel to prevent or reduce the attachment 
of biological organisms and that is registered with the EPA as a 
pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act.
    As applied means the condition of a coating at the time of 
application to the substrate, including any thinning solvent.
    As supplied means the condition of a coating before any thinning, as 
sold and delivered by the coating manufacturer to the user.
    Batch means the product of an individual production run of a coating 
manufacturer's process. A batch may 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

[[Page 264]]

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 
D523-89 (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 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.

[[Page 265]]

    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 or 94 [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, 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

[[Page 266]]

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.

[60 FR 64336, Dec. 15, 1995, as amended at 65 FR 62215, Oct. 17, 2000]



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;
    (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.

[[Page 267]]

    (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 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

[[Page 268]]

Table 2 of this subpart) for each batch as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE95.191

where:

R=Maximum allowable thinning ratio for a given batch (L thinner/L 
coating as supplied);
Vs=Volume fraction of solids in the batch as supplied (L 
solids/L coating as supplied);
VOHAP limit=Maximum allowable as-applied VOHAP content of the coating (g 
VOHAP/L solids);
mVOC=VOC content of the batch as supplied [g VOC (including 
cure volatiles and exempt compounds on the HAP list)/L coating 
(including water and exempt compounds) as supplied];
Dth=Density of the thinner (g/L).

    If Vs is not supplied directly by the coating 
manufacturer, the owner or operator shall determine Vs as 
follows:
[GRAPHIC] [TIFF OMITTED] TR15DE95.192

where:

mvolatiles=Total volatiles in the batch, including VOC, 
water, and exempt compounds (g/L coating); and
Davg=Average density of volatiles in the batch (g/L).

    The procedures specified in Sec. 63.786(d) may be used to determine 
the values of variables defined in this paragraph. In addition, the 
owner or operator may choose to construct nomographs, based on Equation 
1 of this subpart, similar or identical to the one provided in appendix 
B of this subpart as a means of easily estimating the maximum allowable 
thinning ratio.
    (ii) Prior to the first application of each batch, notify painters 
and other persons, as necessary, of the designated thinner and maximum 
allowable thinning ratio(s) for each batch of the coating by affixing a 
label to each container of coating or through another means described in 
the implementation plan required in Sec. 63.787(b).
    (iii) By the 15th day of each calendar month, determine the volume 
of each batch of the coating used, as supplied, during the previous 
month.
    (iv) By the 15th day of each calendar month, determine the total 
allowable volume of thinner for the coating used during the previous 
month as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE95.193

where:

Vth=Total allowable volume of thinner for the previous month 
(L thinner);
Vb=Volume of each batch, as supplied and before being 
thinned, used during non-cold-weather days of the previous month (L 
coating as supplied);
Rcold=Maximum allowable thinning ratio for each batch used 
during cold-weather days (L thinner/L coating as supplied);
Vb-cold=Volume of each batch, as supplied and before being 
thinned, used during cold-weather days of the previous month (L coating 
as supplied);
i=Each batch of coating; and
n=Total number of batches of the coating.

    (v) By the 15th day of each calendar month, determine the volume of 
thinner actually used with the coating during the previous month.
    (vi) If the volume of thinner actually used with the coating 
[paragraph (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

[[Page 269]]

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 270]]

[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 271]]

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 or 96: 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.

[60 FR 64336, Dec. 15, 1995, as amended at 65 FR 62215, Oct. 17, 2000]

[[Page 272]]



Sec. 63.787  Notification requirements.

    (a) Each owner or operator of an affected source shall comply with 
all applicable notification requirements in Sec. 63.9(a) through (d) 
and (i) through (j), with the exception that the deadline specified in 
Sec. 63.9(b) (2) and (3) shall be extended from 120 days to 180 days. 
Any owner or operator that receives approval pursuant to Sec. 63.783(c) 
to use an add-on control system to control coating emissions shall 
comply with the applicable requirements of Sec. 63.9(e) through (h).
    (b) Implementation plan. The provisions of Sec. 63.9(a) apply to 
the requirements of this paragraph.
    (1) Each owner or operator of an affected source shall:
    (i) Prepare a written implementation plan that addresses each of the 
subject areas specified in paragraph (b)(3) of this section; and
    (ii) Not later than one year after the effective date of this 
subpart, submit the implementation plan to the Administrator along with 
the notification required by Sec. 63.9(b)(2) or (b)(5) of subpart A, as 
applicable.
    (2) [Reserved]
    (3) Implementation plan contents. Each implementation plan shall 
address the following subject areas:
    (i) Coating compliance procedures. The implementation plan shall 
include the compliance procedure(s) under Sec. 63.785(c) that the 
source intends to use.
    (ii) Recordkeeping procedures. The implementation plan shall include 
the procedures for maintaining the records required under Sec. 63.788, 
including the procedures for gathering the necessary data and making the 
necessary calculations.
    (iii) Transfer, handling, and storage procedures. The implementation 
plan shall include the procedures for ensuring compliance with Sec. 
63.783(b).
    (4) Major sources that intend to become area sources by the 
compliance date. Existing major sources that intend to become area 
sources by the December 16, 1997 compliance date may choose to submit, 
in lieu of the implementation plan required under paragraph (b)(1) of 
this section, a statement that, by the compliance date, the major source 
intends to obtain and comply with federally enforceable limits on their 
potential to emit which make the facility an area source.

[60 FR 64336, Dec. 15, 1995, as amended at 61 FR 30816, June 18, 1996]



Sec. 63.788  Recordkeeping and reporting requirements.

    (a) Each owner or operator of an affected source shall comply with 
the applicable recordkeeping and reporting requirements in Sec. 63.10 
(a), (b), (d), and (f). Any owner that receives approval pursuant to 
Sec. 63.783(c) to use an add-on control system to control coating 
emissions shall also comply with the applicable requirements of Sec. 
63.10 (c) and (e). A summary of recordkeeping and reporting requirements 
is provided in Table 3 of this subpart.
    (b) Recordkeeping requirements. (1) Each owner or operator of a 
major source shipbuilding or ship repair facility having surface coating 
operations with less than 1000 liters (L) (264 gallons (gal)) annual 
marine coating usage shall record the total volume of coating applied at 
the source to ships. Such records shall be compiled monthly and 
maintained for a minimum of 5 years.
    (2) Each owner or operator of an affected source shall compile 
records on a monthly basis and maintain those records for a minimum of 5 
years. At a minimum, these records shall include:
    (i) All documentation supporting initial notification;
    (ii) A copy of the affected source's approved implementation plan;
    (iii) The volume of each low-usage-exempt coating applied;
    (iv) Identification of the coatings used, their appropriate coating 
categories, and the applicable VOHAP limit;
    (v) Certification of the as-supplied VOC content of each batch of 
coating;
    (vi) A determination of whether containers meet the standards as 
described in Sec. 63.783(b)(2); and
    (vii) The results of any Method 24 of appendix A to 40 CFR part 60 
or approved VOHAP measurement test conducted on individual containers of 
coating, as applied.
    (3) The records required by paragraph (b)(2) of this section shall 
include additional information, as determined by the compliance 
procedure(s) described

[[Page 273]]

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 274]]

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]



Sec. 63.789  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.780 through 63.781, and 63.783 through 63.784.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37353, June 23, 2003]

[[Page 275]]



      Sec. 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.
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...................
----------------------------------------------------------------------------------------------------------------



  Sec. 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   [deg]C \e\
                                compounds)
------------------------------------------------------------------------
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

[[Page 276]]

 
  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.
\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]



  Sec. 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).


[[Page 277]]



      Sec. 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 or 95 * [ ] 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 D4017-81, 90, or 96a * [ ] 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: ----------------------------

[60 FR 64336, Dec. 15, 1995, as amended at 65 FR 62216, Oct. 17, 2000]

[[Page 278]]



  Sec. Appendix B to Subpart II to Part 63--Maximum Allowable Thinning 
   Rates as a Function of As Supplied VOC Content and Thinner Density
[GRAPHIC] [TIFF OMITTED] TC01MY92.046


[[Page 279]]





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 280]]

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 281]]

    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.

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    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.

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    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 284]]

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 285]]

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:

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    (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. (1) 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 operation 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.
    (2) The written work practice implementation plan shall be available 
for inspection by the Administrator (or delegated State, local, or 
Tribal authority) upon request. If the Administrator (or delegated 
State, local, or Tribal authority) determines that the work practice 
implementation plan does not include sufficient mechanisms for ensuring 
that the work practice standards are being implemented, the 
Administrator (or delegated State, local, or Tribal authority) 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.
    (3) The inspection and maintenance plan required by paragraph (c) of 
this section and the formulation assessment plan for finishing 
operations required by paragraph (l) of this section are also reviewable 
by the Administrator (or delegated State, local, or Tribal authority).
    (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

[[Page 287]]

shall include, at a minimum, the following:
    (1) A list of all current personnel by name and job description that 
are required to be trained;
    (2) An outline of the subjects to be covered in the initial and 
refresher training for each position or group of personnel;
    (3) Lesson plans for courses to be given at the initial and the 
annual refresher training that include, at a minimum, appropriate 
application techniques, appropriate cleaning and washoff procedures, 
appropriate equipment setup and adjustment to minimize finishing 
material usage and overspray, and appropriate management of cleanup 
wastes; and
    (4) A description of the methods to be used at the completion of 
initial or refresher training to demonstrate and document successful 
completion.
    (c) Inspection and maintenance plan. Each owner or operator of an 
affected source shall prepare and maintain with the work practice 
implementation plan a written leak inspection and maintenance plan that 
specifies:
    (1) A minimum visual inspection frequency of once per month for all 
equipment used to transfer or apply coatings, adhesives, or organic 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

[[Page 288]]

applied from a container that has a volume of no more than 2.0 gallons.
    (3) When spray is automated, that is, the spray gun is aimed and 
triggered automatically, not manually;
    (4) When emissions from the finishing application station are 
directed to a control device;
    (5) The conventional air gun is used to apply finishing materials 
and the cumulative total usage of that finishing material is no more 
than 5.0 percent of the total gallons of finishing material used during 
that semiannual period; or
    (6) The conventional air gun is used to apply stain on a part for 
which it is technically or economically infeasible to use any other 
spray application technology.
    The affected source shall demonstrate technical or economic 
infeasibility by submitting to the Administrator a videotape, a 
technical report, or other documentation that supports the affected 
source's claim of technical or economic infeasibility. The following 
criteria shall be used, either independently or in combination, to 
support the affected source's claim of technical or economic 
infeasibility:
    (i) The production speed is too high or the part shape is too 
complex for one operator to coat the part and the application station is 
not large enough to accommodate an additional operator; or
    (ii) The excessively large vertical spray area of the part makes it 
difficult to avoid sagging or runs in the stain.
    (i) Line cleaning. Each owner or operator of an affected source 
shall pump or drain all organic 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

[[Page 289]]

using a control device to reduce emissions may adjust their usage based 
on the overall control efficiency of the control system, which is 
determined using the procedures in Sec. 63.805 (d) or (e);
    (iii) The affected source is in compliance with its State's air 
toxic regulations or guidelines for the VHAP; or
    (iv) The source of the pollutant is a finishing material with a VOC 
content of no more than 1.0 kg VOC/kg solids (1.0 lb VOC/lb solids), as 
applied.
    (5) If none of the above explanations are the reason for the 
increase, the owner or operator shall confer with the permitting 
authority to discuss the reason for the increase and whether there are 
practical and reasonable technology-based solutions for reducing the 
usage. The evaluation of whether a technology is reasonable and 
practical shall be based on cost, quality, and marketability of the 
product, whether the technology is being used successfully by other wood 
furniture manufacturing operations, or other criteria mutually agreed 
upon by the permitting authority and owner or operator. If there are no 
practical and reasonable solutions, the facility need take no further 
action. If there are solutions, the owner or operator shall develop a 
plan to reduce usage of the pollutant to the extent feasible. The plan 
shall address the approach to be used to reduce emissions, a timetable 
for implementing the plan, and a schedule for submitting notification of 
progress.
    (6) If, after November 1998, an affected source uses a VHAP of 
potential concern 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; 68 
FR 37353, June 23, 2003]



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.


[[Page 290]]


R=[(Ebc-Eac)/Ebc](100) Equation 2

    The value of Ebc in Equation 2 shall be calculated using 
Equation 1; or
    (4) Use any combination of an averaging approach, as described in 
paragraph (a)(1) of this section, compliant finishing materials, as 
described in paragraph (a)(2) of this section, and a control system, as 
described in paragraph (a)(3) of this section.
    (b) The owner or operator of an affected source subject to Sec. 
63.802(a)(2)(i) shall comply with the provisions by using compliant foam 
adhesives with a VHAP content no greater than 1.8 kg VHAP/kg solids (1.8 
lb VHAP/lb solids), as applied.
    (c) The owner or operator of an affected source subject to Sec. 
63.802(a)(2)(ii) shall comply with those provisions by using either of 
the methods presented in Sec. 63.804 (c)(1) and (c)(2).
    (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

[[Page 291]]

initial compliance status report, as required by Sec. 63.807(b), 
stating that compliant stains, washcoats, sealers, topcoats, basecoats, 
enamels, and thinners, as applicable, are being used by the affected 
source.
    (3) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(1) or (b)(1) that are complying through 
the procedures established in Sec. 63.804 (a)(2) or (d)(2) and are 
applying coatings using continuous coaters shall demonstrate initial 
compliance by:
    (i) Submitting an initial compliance status report, as required by 
Sec. 63.807(b), stating that compliant coatings, as determined by the 
VHAP content of the coating in the reservoir and the VHAP content as 
calculated from records, and compliant thinners are being used; or
    (ii) Submitting an initial compliance status report, as required by 
Sec. 63.807(b), stating that compliant coatings, as determined by the 
VHAP content of the coating in the reservoir, are being used; the 
viscosity of the coating in the 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

[[Page 292]]

device and discusses why each parameter is appropriate for demonstrating 
continuous compliance;
    (ii) Conducting an initial performance test as required under Sec. 
63.7 using the procedures and test methods listed in Sec. 63.7 and 
Sec. 63.805 (c) and (d) or (e);
    (iii) Calculating the overall control efficiency (R) following the 
procedures in Sec. 63.805 (d) or (e); and
    (iv) Determining those operating conditions critical to determining 
compliance and establishing one or more operating parameters that will 
ensure compliance with the standard.
    (A) For compliance with a thermal incinerator, minimum combustion 
temperature shall be the operating parameter.
    (B) For compliance with a catalytic incinerator equipped with a 
fixed catalyst bed, the minimum gas temperature both upstream and 
downstream of the catalyst shall be the operating parameter.
    (C) For compliance with a catalytic incinerator equipped with a 
fluidized 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.

[[Page 293]]

    (3) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(1) or (b)(1) that are complying through 
the procedures established in Sec. 63.804 (a)(2) or (d)(2) and are 
applying coatings using continuous coaters shall demonstrate continuous 
compliance by following the procedures in paragraph (g)(3) (i) or (ii) 
of this section.
    (i) Using compliant coatings, as determined by the VHAP content of 
the coating in the reservoir and the VHAP content as calculated from 
records, using compliant thinners, and submitting a compliance 
certification with the semiannual report required by Sec. 63.807(c).
    (A) The compliance certification shall state that compliant coatings 
have been used each day in the semiannual reporting period, or should 
otherwise identify the days of noncompliance and the reasons for 
noncompliance. An affected source is in violation of the standard 
whenever a noncompliant coating, as determined by records 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

[[Page 294]]

pressure drop across the catalyst bed. The pressure drop shall be 
measured monthly at a constant flow rate.
    (iii) Where a carbon adsorber is used one of the following is 
required:
    (A) An integrating stream flow monitoring device having an accuracy 
of 10 percent, capable of recording the total 
regeneration stream mass flow for each regeneration cycle; and a carbon 
bed temperature monitoring device, having an accuracy of 1 percent of the temperature being monitored or 0.5 [deg]C, whichever is greater, and capable of 
recording the carbon bed temperature after each regeneration and within 
15 minutes of completing any cooling cycle;
    (B) An organic monitoring device, equipped with a continuous 
recorder, to indicate the concentration level of organic compounds 
exiting the carbon adsorber; or
    (C) Any other monitoring device that has been approved by the 
Administrator in accordance with Sec. 63.804(f)(4)(iv)(D).
    (iv) Owners or operators of an affected source shall not operate the 
capture or control device at a daily average value greater than or less 
than (as appropriate) the operating parameter values. The daily average 
value shall be calculated as the average of all values for a monitored 
parameter recorded during the operating day.
    (v) Owners or operators of an affected source that are complying 
through the use of a catalytic incinerator equipped with a fluidized 
catalyst bed shall maintain a constant pressure drop, measured monthly, 
across the catalyst bed.
    (vi) An owner or operator 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

[[Page 295]]

shall be installed to measure the pressure drop across the catalyst bed. 
The pressure drop shall be measured monthly at a constant flow rate.
    (iii) Where a carbon adsorber is used one of the following is 
required:
    (A) An integrating stream flow monitoring device having an accuracy 
of 10 percent, capable of recording the total 
regeneration stream mass flow for each regeneration cycle; and a carbon 
bed temperature monitoring device, having an accuracy of 1 percent of the temperature being monitored or 0.5 [deg]C, whichever is greater, and capable of 
recording the carbon bed temperature after each regeneration and within 
15 minutes of completing any cooling cycle;
    (B) An organic monitoring device, equipped with a continuous 
recorder, to indicate the concentration level of organic compounds 
exiting the carbon adsorber; or
    (C) Any other monitoring device that has been approved by the 
Administrator in accordance with Sec. 63.804(f)(4)(iv)(D).
    (iv) Owners or operators of an affected source shall not operate the 
capture or control device at a daily average value greater than or less 
than (as appropriate) the operating parameter values. The daily average 
value shall be calculated as the average of all values for a monitored 
parameter recorded during the operating day.
    (v) Owners or operators of an affected source that are complying 
through the use of a catalytic incinerator equipped with a fluidized 
catalyst bed shall maintain a constant pressure drop, measured monthly, 
across the catalyst bed.
    (vi) An owner or operator using a control device not listed in this 
section shall submit to the Administrator a description of the device, 
test data verifying the performance of the device, and appropriate 
operating parameter values that will be monitored to demonstrate 
continuous compliance with the standard. Compliance using this device is 
subject to the Administrator's approval.
    (7) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(3) or (b)(3) shall submit a compliance 
certification with the semiannual report required by Sec. 63.807(c).
    (i) The compliance certification shall state that compliant 
strippable spray booth coatings have been used each day in the 
semiannual reporting period, or should otherwise identify each day 
noncompliant materials were used. Each day a noncompliant strippable 
booth coating is used is a single violation of the standard.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (8) Owners or operators of an affected source subject to the work 
practice standards in Sec. 63.803 shall submit a compliance 
certification with the semiannual report required by Sec. 63.807(c).
    (i) The compliance certification shall state that the work practice 
implementation plan is being followed, or should otherwise identify the 
provisions of the plan that have not been implemented and each day the 
provisions were not implemented. During any period of time that an owner 
or operator is required to implement the provisions of the plan, each 
failure to implement an obligation under the plan during any particular 
day is a violation.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.



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

[[Page 296]]

batch formulation information shall be accepted. The owner or operator 
of an affected source may request approval from the Administrator to use 
an alternative method for determining the VHAP content of the coating. 
In the event of any inconsistency between the EPA Method 24 or Method 
311 test data and a facility's formulation data, that is, if the EPA 
Method 24/311 value is higher, the EPA Method 24/311 test shall govern 
unless after consultation, a regulated source could demonstrate to the 
satisfaction of the enforcement agency that the formulation data were 
correct. Sampling procedures shall follow the guidelines presented in 
``Standard Procedures for Collection of Coating and Ink Samples for VOC 
Content Analysis by Reference Method 24 and Reference Method 24A,'' EPA-
340/1-91-010. (Docket No. A-93-10, Item No. IV-A-1).
    (b) Owners or operators demonstrating compliance in accordance with 
Sec. 63.804 (f)(4) or (f)(6) and Sec. 63.804 (g)(4) or (g)(6), or 
complying with any of the other emission limits of Sec. 63.802 by 
operating a capture or control device shall determine the overall 
control efficiency of the control system (R) as the product of the 
capture and control device efficiency, using the test methods cited in 
Sec. 63.805(c) and the procedures in Sec. 63.805 (d) or (e).
    (c) When an initial compliance demonstration is required by Sec. 
63.804 (f)(4) or (f)(6) of this subpart, the procedures in paragraphs 
(c)(1) through (c)(6) of this section shall be used in determining 
initial compliance with the provisions of this subpart.
    (1) The EPA Method 18 (40 CFR part 60, appendix A) shall be used to 
determine the HAP concentration of gaseous air streams. The test shall 
consist of three separate runs, each lasting a minimum of 30 minutes.
    (2) The EPA Method 1 or 1A (40 CFR part 60, appendix A) shall be 
used for sample and velocity traverses.
    (3) The EPA Method 2, 2A, 2C, or 2D (40 CFR part 60, appendix A) 
shall be used to measure velocity and volumetric flow rates.
    (4) The EPA Method 3 (40 CFR part 60, appendix A) shall be used to 
analyze the exhaust gases.
    (5) The EPA Method 4 (40 CFR part 60, appendix A) shall be used to 
measure the moisture in the stack gas.
    (6) The EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (d) Each owner or operator of an affected source demonstrating 
compliance in accordance with Sec. 63.804 (f)(4) or (f)(6) shall 
perform a gaseous emission test using the following procedures:
    (1) Construct the overall HAP emission reduction system so that all 
volumetric flow rates and total HAP emissions can be accurately 
determined by the applicable test methods specified in Sec. 63.805(c) 
(1) through (6);
    (2) Determine capture efficiency from the affected emission point(s) 
by capturing, venting, and measuring all HAP emissions from the affected 
emission point(s). During a performance test, the owner or operator 
shall isolate affected emission point(s) located in an area with other 
nonaffected gaseous emission sources from all other gaseous emission 
point(s) by any of the following methods:
    (i) Build a temporary total enclosure (see Sec. 63.801) around the 
affected emission point(s); or
    (ii) Use the building that houses the process as the enclosure (see 
Sec. 63.801);
    (iii) Use any alternative protocol and test method provided they 
meet either the requirements of the data quality objective (DQO) 
approach or the lower 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;

[[Page 297]]

    (4) Determine the efficiency (F) of the control device using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR07DE95.000

    (5) Determine the efficiency (N) of the capture system using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR07DE95.001

    (6) For each affected source complying with Sec. 63.802(a)(1) in 
accordance with Sec. 63.804(a)(3), compliance is demonstrated if the 
product of (FxN)(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 (FxN)(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 (FxN)(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 (FxN)(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;

[[Page 298]]

    (ii) All sources of emissions within the enclosure shall be a 
minimum of four equivalent diameters away from each natural draft 
opening;
    (iii) The average inward face velocity (FV) across all natural draft 
openings shall be a minimum of 3,600 meters per hour as determined by 
the following procedures:
    (A) All forced makeup air ducts and all exhaust ducts are 
constructed so that the volumetric flow rate in each can be accurately 
determined by the test methods specified in Sec. 63.805 (c)(2) and (3). 
Volumetric flow rates shall be calculated without the adjustment 
normally made for moisture content; and
    (B) Determine FV by the following equation:
    [GRAPHIC] [TIFF OMITTED] TR07DE95.002
    
    (iv) All access doors and windows whose areas are not included as 
natural draft openings and are not included in the calculation of FV 
shall be closed during routine operation of the process.
    (2) Determine the control device efficiency using Equation (5), and 
the test methods and procedures specified in Sec. 63.805 (c)(1) through 
(6).
    (3) For each affected source complying with Sec. 63.802(a)(1) in 
accordance with Sec. 63.804(a)(3), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated 
(N=1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (FxN)(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 (FxN)(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 (FxN)(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 (FxN)(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

[[Page 299]]

    (2) The VHAP content, in kg VHAP/kg solids (lb VHAP/lb solids), as 
applied, of each finishing material and contact adhesive subject to the 
emission limits in Sec. 63.802; and
    (3) The VOC content, in kg VOC/kg solids (lb VOC/lb solids), as 
applied, of each strippable booth coating subject to the emission limits 
in Sec. 63.802 (a)(3) or (b)(3).
    (c) The owner or operator of an affected source following the 
compliance method in Sec. 63.804 (a)(1) or (d)(1) shall maintain copies 
of the averaging calculation for each month following the compliance 
date, as well as the data on the quantity of coatings and thinners used 
that is necessary to support the calculation of E in Equation 1.
    (d) The owner or operator of an affected source following the 
compliance procedures of Sec. 63.804 (f)(3)(ii) and (g)(3)(ii) shall 
maintain the records required by Sec. 63.806(b) as well as records of 
the following:
    (1) Solvent and coating additions to the continuous coater 
reservoir;
    (2) Viscosity measurements; and
    (3) Data demonstrating that viscosity is an appropriate parameter 
for demonstrating compliance.
    (e) The owner or operator of an affected source subject to the work 
practice standards in Sec. 63.803 of this subpart shall maintain onsite 
the work practice implementation plan and all records associated with 
fulfilling the requirements of that plan, including, but not limited to:
    (1) Records demonstrating that the operator training program 
required by Sec. 63.803(b) is in place;
    (2) Records collected in accordance with the inspection and 
maintenance plan required by Sec. 63.803(c);
    (3) Records associated with the cleaning solvent accounting system 
required by Sec. 63.803(d);
    (4) Records associated with the limitation on the use of 
conventional air spray guns showing total finishing material usage and 
the percentage of finishing materials applied with conventional air 
spray guns for each semiannual period as required by Sec. 63.803(h)(5).
    (5) Records associated with the formulation assessment plan required 
by Sec. 63.803(l); and
    (6) Copies of documentation such as logs developed to demonstrate 
that the other provisions of the work practice implementation plan are 
followed.
    (f) The owner or operator of an affected source following the 
compliance method of Sec. 63.804 (f)(4) or (g)(4) shall maintain copies 
of the calculations demonstrating that the overall control efficiency 
(R) of the control system results in the value of Eac 
required by Equations 2 or 4, records of the operating parameter values, 
and copies of the semiannual compliance reports required by Sec. 
63.807(d).
    (g) The owner or operator of an affected source following the 
compliance method of Sec. 63.804 (f)(6) or (g)(6), shall maintain 
copies of the calculations demonstrating that the overall control 
efficiency (R) of the control system results in the applicable value of 
Gac calculated using Equation 3, records of the operating 
parameter values, and copies of the semiannual compliance reports 
required by Sec. 63.807(d).
    (h) The owner or operator of an affected source subject to the 
emission limits in Sec. 63.802 and following the compliance provisions 
of Sec. 63.804(f) (1), (2), (3), (5), (7) and (8) and Sec. 63.804(g) 
(1), (2), (3), (5), (7), and (8) shall maintain records of the 
compliance certifications submitted in accordance with Sec. 63.807(c) 
for each semiannual period following the compliance date.
    (i) The owner or operator of an affected source shall maintain 
records of all other information submitted with the compliance status 
report required by Sec. 63.9(h) and Sec. 63.807(b) and the semiannual 
reports required by Sec. 63.807(c).
    (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

[[Page 300]]

compliance status report required by Sec. 63.9(h) of subpart A (General 
Provisions) no later than 60 days after the compliance date. The report 
shall include the information required by Sec. 63.804(f) (1), (2), (3), 
(5), (7), and (8) of this subpart.
    (c) The owner or operator of an affected source demonstrating 
compliance in accordance with Sec. 63.804(g) (1), (2), (3), (5), (7), 
and (8) shall submit a report covering the previous 6 months of wood 
furniture manufacturing operations:
    (1) The first report shall be submitted 30 calendar days after the 
end of the first 6-month period following the compliance date.
    (2) Subsequent reports shall be submitted 30 calendar days after the 
end of each 6-month period following the first report.
    (3) The semiannual reports shall include the information required by 
Sec. 63.804(g) (1), (2), (3), (5), (7), and (8), a statement of whether 
the affected source was in compliance or noncompliance, and, if the 
affected source was in noncompliance, the measures taken to bring the 
affected source into compliance.
    (4) The frequency of the reports required by paragraph (c) of this 
section shall not be reduced from semiannually regardless of the history 
of the owner's or operator's compliance status.
    (d) The owner or operator of an affected source demonstrating 
compliance in accordance with Sec. 63.804(g) (4) and (6) of this 
subpart shall submit the excess emissions and continuous monitoring 
system performance report and summary report required by Sec. 63.10(e) 
of subpart A. The report shall include the monitored operating parameter 
values required by Sec. 63.804(g) (4) and (6). If the source 
experiences excess emissions, the report shall be submitted quarterly 
for at least 1 year after the excess emissions occur and until a request 
to reduce reporting frequency is approved, as indicated in Sec. 
63.10(e)(3)(C). If no excess emissions occur, the report shall be 
submitted semiannually.
    (e) The owner or operator of an affected source required to provide 
a written notification under Sec. 63.803(1)(4) shall include in the 
notification one or more statements that explains the reasons for the 
usage increase. The notification shall be submitted no later than 30 
calendar days after the end of the annual period in which the usage 
increase occurred.



Sec. 63.808  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (5) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.800, 63.802, and 63.803(a)(1), (b), (c) introductory text, and (d) 
through (l).
    (2) Approval of alternatives to the monitoring and compliance 
requirements in Sec. Sec. 63.804(f)(4)(iv)(D) and (E), 
63.804(g)(4)(iii)(C), 63.804(g)(4)(vi), and 63.804(g)(6)(vi).
    (3) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart, as well as approval of any alternatives to the specific 
test methods under Sec. Sec. 63.805(a), 63.805(d)(2)(v), and 
63.805(e)(1).
    (4) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37354, June 23, 2003]

[[Page 301]]



Sec. Sec. 63.809-63.819  [Reserved]



Sec. Table 1 to Subpart JJ of Part 63--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
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

[[Page 302]]

 
63.11.......................  No
63.12-63.15.................  Yes
------------------------------------------------------------------------



 Sec. Table 2 to Subpart JJ of Part 63--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).....................................................
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

[[Page 303]]

 
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]

      Table 3 to Subpart JJ of Part 63--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]



 Sec. Table 4 to Subpart JJ of Part 63--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

[[Page 304]]

 
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
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]



Sec. Table 5 to Subpart JJ of Part 63--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 to Subpart JJ of Part 63--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

[[Page 305]]

 
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
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

[[Page 306]]

 
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
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 ethers \a\................      5.0
                       Polycyclic organic matter \b\....      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.

[[Page 307]]

 
\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 noted.



Sec. 63.820  Applicability.

    (a) The provisions of this subpart apply to:
    (1) Each new and existing facility that is a major source of 
hazardous air pollutants (HAP), as defined in 40 CFR 63.2, at which 
publication rotogravure, product and packaging rotogravure, or wide-web 
flexographic printing presses are operated, and
    (2) Each new and existing facility at which publication rotogravure, 
product and packaging rotogravure, or wide-web flexographic printing 
presses are operated for which the owner or operator chooses to commit 
to and meets the criteria of paragraphs (a)(2)(i) and (ii) of this 
section for purposes of establishing the facility to be an area source 
of HAP with respect to this subpart. A facility which establishes area 
source status through some other mechanism, as described in paragraph 
(a)(7) of this section, is not subject to the provisions of 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. Sec. 63.829(d) and 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

[[Page 308]]

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.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29799, May 24, 2006]



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 related 
equipment, including proof presses, cylinder and parts cleaners, ink and 
solvent mixing and storage equipment, and solvent recovery equipment at 
a facility.
    (2) All of the product and packaging rotogravure or wide-web 
flexographic printing presses at a facility plus any other equipment at 
that facility which the owner or operator chooses to include in 
accordance with paragraphs (a)(3) or (a)(4) of this section, except
    (i) Proof presses, unless the owner or operator chooses to include 
proof presses in the affected source in accordance with paragraph (a)(5) 
of this section.
    (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 print 
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 5 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 equipment subject to the following provisions:
    (i) Stand-alone equipment meeting any of the criteria specified in 
this subparagraph is eligible for inclusion:
    (A) The stand-alone 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 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 equipment and from one or more product and 
packaging rotogravure or wide-web flexographic printing presses;
    (ii) All eligible stand-alone 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.
    (4) 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 narrow-web flexographic presses subject to the following 
provisions:
    (i) Each narrow-web flexographic press meeting any of the criteria 
specified in this subparagraph is eligible for inclusion:
    (A) The narrow-web flexographic press and one or more product and 
packaging rotogravure or wide-web flexographic presses are used to apply 
solids containing material to the same web or substrate; or

[[Page 309]]

    (B) The narrow-web flexographic press 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 narrow-web flexographic press and from one or more product and 
packaging rotogravure or wide-web flexographic presses; and
    (ii) All eligible narrow-web flexographic presses located at the 
facility are included in the affected source.
    (5) 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 rotogravure proof presses or flexographic proof presses subject 
to the following provisions:
    (i) Each proof press meeting any of the criteria specified in this 
subparagraph is eligible for inclusion.
    (A) The proof press and one or more product and packaging 
rotogravure or wide-web flexographic presses apply a common solids-
containing material; or
    (B) A common control device is used to control organic HAP emissions 
from the proof press and from one or more product and packaging 
rotogravure or wide-web flexographic presses; and
    (ii) All eligible proof presses located at the facility are included 
in the affected source.
    (6) Affiliated operations such as mixing or dissolving of ink or 
coating ingredients prior to application; ink or coating mixing for 
viscosity adjustment, color tint or additive blending, or pH adjustment; 
cleaning of ink or coating lines and line parts; handling and storage of 
inks, coatings, and solvents; and conveyance and treatment of wastewater 
are part of the printing and publishing industry source category, but 
are not part of the product and packaging rotogravure or wide-web 
flexographic printing affected source.
    (7) Other presses are part of the printing and publishing industry 
source category, but are not part of the publication rotogravure 
affected source or the product and packaging rotogravure or wide-web 
flexographic printing affected source and are, therefore, exempt from 
the requirements of this subpart except as provided in paragraph (a)(3) 
of this section.
    (8) Narrow web-flexographic presses are part of the printing and 
publishing industry source category, but are not part of the publication 
rotogravure affected source or the product and packaging rotogravure or 
wide-web flexographic printing affected source and are, therefore, 
exempt from the requirements of this subpart except as provided in 
paragraphs (a)(3) through (5) 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. Sec. 63.829(e) and 63.830(b)(1) of this subpart.
    (1) The owner or operator of the affected source applies no more 
than 500 kilograms (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 affected 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.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29799, May 24, 2006]

[[Page 310]]



Sec. 63.822  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the CAA and in subpart A of this part.
    Always-controlled work station means a work station associated with 
a dryer from which the exhaust is delivered to a control device, with no 
provision for the dryer exhaust to bypass the control device. Sampling 
lines for analyzers and relief valves needed for safety purposes are not 
considered bypass lines.
    Capture efficiency means the fraction of all organic HAP emissions 
generated by a process that are delivered to a control device, expressed 
as a percentage.
    Capture system means a hood, enclosed room, or other means of 
collecting organic HAP emissions into a closed-vent system that exhausts 
to a control device.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve or damper (e.g., from open to closed) in 
such a way that the position of the valve or damper cannot be changed 
without breaking the seal.
    Certified product data sheet (CPDS) means documentation furnished by 
suppliers of inks, coatings, varnishes, adhesives, primers, solvents, 
and other materials or by an independent third party that provides the 
organic HAP weight fraction of these materials determined in accordance 
with Sec. 63.827(b), or the volatile matter weight fraction or solids 
weight fraction determined in accordance with Sec. 63.827(c). A 
material safety data sheet (MSDS) may serve as a CPDS provided the MSDS 
meets the data requirements of Sec. 63.827(b) and (c). The purpose of 
the CPDS is to assist the owner or operator in demonstrating compliance 
with the emission limitations presented in Sec. Sec. 63.824-63.825.
    Coating means material applied onto or impregnated into a substrate 
for decorative, protective, or functional purposes. Such materials 
include, but are not limited to, solvent-borne coatings, waterborne 
coatings, wax coatings, wax laminations, extrusion coatings, extrusion 
laminations, 100 percent solid adhesives, ultra-violet cured coatings, 
electron beam cured coatings, hot melt coatings, and cold seal coatings. 
Materials used to form unsupported substrates such as calendaring of 
vinyl, blown film, cast film, extruded film, and coextruded film are not 
considered coatings.
    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 organic 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.
    Flexible packaging means any package or part of a package the shape 
of which can be readily changed. Flexible packaging includes, but is not 
limited to, bags, pouches, labels, liners and wraps utilizing paper, 
plastic, film, aluminum foil, metalized or coated paper or film, or any 
combination of these materials.
    Flexographic press means an unwind or feed section, which may 
include more than one unwind or feed station (such as on a laminator), 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 section. 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. A 
publication rotogravure press with one or more flexographic imprinters 
is not a flexographic press.
    Flexographic print station means a print station on which a 
flexographic printing operation is conducted. A flexographic print 
station includes an anilox roller that transfers material to a raised 
image (type or art) on a plate

[[Page 311]]

cylinder. The material is then transferred from the image on the plate 
cylinder to the web or sheet to be printed. A flexographic print station 
may include a fountain roller to transfer material from the reservoir to 
the anilox roller, or material may be transferred directly from the 
reservoir to the anilox roller. The materials applied are of a fluid, 
rather than paste, consistency.
    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.
    Narrow-web flexographic press means a flexographic press that is not 
capable of printing substrates greater than 18 inches in width and that 
does not also meet the definition of rotogravure press (i.e., it has no 
rotogravure print stations).
    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.
    Other press means a lithographic press, letterpress press, or screen 
printing press that does not meet the definition of rotogravure press or 
flexographic press (i.e., it has no rotogravure print stations and no 
flexographic print stations), and that does not print on fabric or other 
textiles as defined in the Printing, Coating, and Dyeing of Fabrics and 
Other Textiles NESHAP (40 CFR part 63, subpart OOOO), wood furniture 
components as defined in the Wood Furniture Manufacturing Operations 
NESHAP (40 CFR part 63, subpart JJ) or wood building products as defined 
in the Surface Coating of Wood Building Products NESHAP (40 CFR part 63, 
subpart QQQQ).
    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, or 
pictures on a substrate other than wood furniture components as defined 
in the Wood Furniture Manufacturing Operations NESHAP (40 CFR part 63, 
subpart JJ), wood building products as defined in the Surface Coating of 
Wood Building Products NESHAP (40 CFR part 63, subpart QQQQ), and fabric 
or other textiles as defined in the Printing, Coating, and Dyeing of 
Fabric and Other Textiles NESHAP (40 CFR part 63, subpart OOOO), except 
for fabric or other textiles for use in flexible packaging.
    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 press which prints only non-saleable items 
used to check the quality of image formation of rotogravure cylinders or 
flexographic plates; substrates such as paper, plastic film, metal foil, 
or vinyl; or ink, coating varnish, adhesive, primer, or other solids-
containing material.
    Publication rotogravure press means a rotogravure press used for 
publication rotogravure printing. A publication rotogravure press may 
include one or more flexographic imprinters. A publication rotogravure 
press with one or

[[Page 312]]

more flexographic imprinters is not a flexographic press.
    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, which may include 
more than one unwind or feed station (such as on a laminator), a series 
of individual 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 print station on which a 
rotogravure printing operation is conducted. A rotogravure print station 
includes a rotogravure cylinder and supply for ink or other solids 
containing material. 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 equipment means an unwind or feed section, which may 
include more than one unwind or feed station (such as on a laminator); a 
series of one or more work 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. Stand-alone 
equipment is sometimes referred to as ``off-line'' 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 which 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) [Reserved]
    (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.

[[Page 313]]

    (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 monthly organic HAP emitted, 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) [Reserved]
    (23) Mfi=the organic volatile matter mass flow rate at 
the inlet to the control device, kg/h.
    (24) Mfo=the organic volatile matter mass flow rate at 
the outlet of the control device, kg/h.
    (25) Mhu=the mass of organic HAP used in a month, kg.
    (26) Mi=the mass of ink or other material, i, applied in 
a month, kg.
    (27) Mij=the mass of solvent, thinner, reducer, diluent, 
or other non-solids-containing material, j, added to solids-containing 
material, i, in a month, kg.
    (28) Mj=the mass of solvent, thinner, reducer, diluent, 
or other non-solids-containing material, j, applied in a month, kg.
    (29) MLj=the mass of solvent, thinner, reducer, diluent, 
or other non-solids-containing material, j, added to solids-containing 
materials which were applied at less than 20 weight-percent solids 
content, on an as-applied basis, in a month, kg.
    (30) Mvr=the mass of volatile matter recovered in a 
month, kg.
    (31) Mvu=the mass of volatile matter, including water, 
used in a month, kg.
    (32) [Reserved]
    (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) [Reserved]
    (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/m\3\(@ 293 K 
and 760 mmHg).

[61 FR 27140, May 30, 1996, as amended at 71 FR 29800, May 24, 2006]

[[Page 314]]



Sec. 63.823  Standards: General.

    Table 1 to this subpart provides cross references to the 40 CFR part 
63, subpart A, general provisions, indicating the applicability of the 
general provisions requirements to this subpart KK.



Sec. 63.824  Standards: Publication rotogravure printing.

    (a) Each owner or operator of any publication rotogravure printing 
affected source that is subject to the requirements of this subpart 
shall comply with these requirements on and after the compliance dates 
as specified in Sec. 63.826 of this subpart.
    (b) Each publication rotogravure affected source shall limit 
emissions of organic HAP to no more than eight percent of the total 
volatile matter used each month. The emission limitation may be achieved 
by overall control of at least 92 percent of organic HAP used, by 
substitution of non-HAP materials for organic HAP, or by a combination 
of capture and control technologies and substitution of materials. To 
demonstrate compliance, each owner or operator shall follow the 
procedure in paragraph (b)(1) of this section when emissions from the 
affected source are controlled by a solvent recovery device, the 
procedure in paragraph (b)(2) of this section when emissions from the 
affected source are controlled by an oxidizer, and the procedure in 
paragraph (b)(3) of this section when no control device is used.
    (1) Each owner or operator using a solvent recovery device to 
control emissions shall demonstrate compliance by showing that the HAP 
emission limitation is achieved by following the procedures in either 
paragraph (b)(1)(i) or (b)(1)(ii) of this section:
    (i) Perform a liquid-liquid material balance for each month as 
follows:
    (A) Measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent, and other material used by the affected source during 
the month.
    (B) Determine the organic HAP content of each ink, coating, varnish, 
adhesive, primer, solvent and other material used by the affected source 
during the month following the procedure in Sec. 63.827(b)(1).
    (C) Determine the volatile matter content, including water, of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
used by the affected source during the month following the procedure in 
Sec. 63.827(c)(1).
    (D) Install, calibrate, maintain and operate, according to the 
manufacturer's specifications, a device that indicates the cumulative 
amount of volatile matter recovered by the solvent recovery device on a 
monthly basis. The device shall be initially certified by the 
manufacturer to be accurate to within 2.0 percent.
    (E) Measure the amount of volatile matter recovered for the month.
    (F) Calculate the overall effective organic HAP control efficiency 
(Re) for the month using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR30MY96.000


For the purposes of this calculation, the mass fraction of organic HAP 
present in the recovered volatile matter is assumed to be equal to the 
mass fraction of organic HAP present in the volatile matter used.
    (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 collect the data 
necessary to calculate the total organic volatile

[[Page 315]]

matter mass flow in the gas stream entering and the total organic 
volatile matter mass flow in the gas stream exiting the solvent recovery 
device for each month such that the percent control efficiency (E) of 
the solvent recovery device can be calculated for the month. This 
requires continuous emission monitoring of the total organic volatile 
matter concentration in the gas stream entering the solvent recovery 
device, the total organic volatile matter concentration in the gas 
stream exiting the solvent recovery device, and the volumetric gas flow 
rate through the solvent recovery device. A single continuous volumetric 
gas flow measurement should be sufficient for a solvent recovery device 
since the inlet and outlet volumetric gas flow rates for a solvent 
recovery device are essentially equal. Each month's individual inlet 
concentration values and corresponding individual gas flow rate values 
are multiplied and then summed to get the total organic volatile matter 
mass flow in the gas stream entering the solvent recovery device for the 
month. Each month's individual outlet concentration values and 
corresponding individual gas flow rate values are multiplied and then 
summed to get the total organic volatile matter mass flow in the gas 
stream exiting the solvent recovery device for the month.
    (B) Determine the percent capture efficiency (F) of the capture 
system according to Sec. 63.827(e).
    (C) Calculate the overall effective organic HAP control efficiency 
(Re) achieved for each month using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR30MY96.001

    (D) Install, calibrate, operate and maintain the instrumentation 
necessary to measure continuously the site-specific operating parameter 
established in accordance with Sec. 63.828(a)(5) whenever a publication 
rotogravure printing press is operated.
    (E) The affected source is in compliance with the requirement for 
the month if Re is at least 92 percent, and the capture 
device is operated at an average value greater than, or less than (as 
appropriate) the operating parameter value established in accordance 
with Sec. 63.828(a)(5) for each three-hour period.
    (2) Each owner or operator using an oxidizer to control emissions 
shall demonstrate compliance by showing that the HAP emission limitation 
is achieved by following the procedure in either paragraph (b)(2)(i) or 
(b)(2)(ii) of this section:
    (i) Demonstrate initial compliance through performance tests and 
continuing compliance through continuous monitoring as follows:
    (A) Determine the oxidizer destruction efficiency (E) using the 
procedure in Sec. 63.827(d).
    (B) Determine the capture efficiency (F) using the procedure in 
Sec. 63.827(e).
    (C) [Reserved]
    (D) Calculate the overall effective organic HAP control efficiency 
(Re) achieved using Equation 2.
    (E) The affected source is in initial compliance if Re is 
at least 92 percent. Demonstration of continuing compliance is achieved 
by continuous monitoring of an appropriate oxidizer operating parameter 
in accordance with Sec. 63.828(a)(4), and by continuous monitoring of 
an appropriate capture system monitoring parameter in accordance with 
Sec. 63.828(a)(5). The affected source is in continuing compliance if 
the capture device is operated at an average value greater than or less 
than (as appropriate) the operating parameter value established in 
accordance with Sec. 63.828(a)(5), and
    (1) if an oxidizer other than a catalytic oxidizer is used, the 
average combustion temperature for all three-hour periods is greater 
than or equal to the average combustion temperature established under 
Sec. 63.827(d), or
    (2) if a catalytic oxidizer is used, the average catalyst bed inlet 
temperature

[[Page 316]]

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. The percent 
control efficiency of the oxidizer shall be demonstrated in accordance 
with the requirements of paragraph (b)(1)(ii) of this section except 
that separate continuous measurements of the inlet volumetric gas flow 
rate and the outlet volumetric gas flow rate are required for an 
oxidizer.
    (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.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29801, May 24, 2006]



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 organic HAP emissions to no more 
than 5 percent of the organic HAP applied for the month; or to no more 
than 4 percent of the mass of inks, coatings, varnishes, adhesives, 
primers, solvents, reducers, thinners, and other materials applied for 
the month; or to no more than 20 percent of the mass of solids applied 
for the month; or to a calculated equivalent allowable mass based on the 
organic HAP and solids contents of the inks, coatings, varnishes, 
adhesives, primers, solvents, reducers, thinners, and other materials 
applied for the month. The owner or operator of each product and 
packaging rotogravure or wide-web flexographic printing affected source 
shall demonstrate compliance with this standard by following one of the 
procedures in paragraphs (b)(1) through (b)(10) of this section:
    (1) Demonstrate that each ink, coating, varnish, adhesive, primer, 
solvent, diluent, reducer, thinner, and other material applied during 
the month contains no more than 0.04 weight-fraction organic HAP, on an 
as-purchased basis, as determined in accordance with Sec. 63.827(b)(2).
    (2) Demonstrate that each ink, coating, varnish, adhesive, primer, 
and other solids-containing material applied during the month contains 
no more than 0.04 weight-fraction organic HAP, on a monthly average as-
applied basis as determined in accordance with paragraphs (b)(2)(i)-(ii) 
of this section. The owner or operator shall calculate the as-applied 
HAP content of materials which are reduced, thinned, or diluted prior to 
application, as follows:
    (i) Determine the organic HAP content of each ink, coating, varnish, 
adhesive, primer, solvent, diluent, reducer, thinner, and other material 
applied on an as-purchased basis in accordance with Sec. 63.827(b)(2).
    (ii) Calculate the monthly average as-applied organic HAP content, 
Cahi of each ink, coating, varnish, adhesive, primer, and 
other solids-containing material using Equation 3.

[[Page 317]]

[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, 
Happ, 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] TR24MY06.002

Where:

Happ = Total monthly organic HAP applied, kg.

    (7) Operate a capture system and control device and demonstrate an 
overall organic HAP control efficiency of at least 95 percent for each 
month. If the affected source operates more than one capture system or 
more than one control device, and has only always-controlled work 
stations, then the owner or operator shall demonstrate compliance in 
accordance with the provisions of either paragraph (f) or (h) of this 
section. If the affected source operates one or more never-controlled 
work stations or one or more intermittently-controllable work stations, 
then the owner or operator shall demonstrate compliance in accordance 
with the provisions of paragraph (f) of this section. Otherwise, the 
owner or operator shall demonstrate compliance in accordance with the 
procedure in paragraph (c) of this section when emissions from the 
affected source are controlled by a solvent recovery device or the 
procedure

[[Page 318]]

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).
    (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

[[Page 319]]

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 during 
the month following the procedure in Sec. 63.827(b)(2).

[[Page 320]]

    (iii) Install continuous emission monitors to collect the data 
necessary to calculate the total organic volatile matter mass flow in 
the gas stream entering and the total organic volatile mass flow in the 
gas stream exiting the solvent recovery device for each month such that 
the percent control efficiency (E) of the solvent recovery device can be 
calculated for the month. This requires continuous emission monitoring 
of the total organic volatile matter concentration in the gas stream 
entering the solvent recovery device, the total organic volatile matter 
concentration in the gas stream exiting the solvent recovery device, and 
the volumetric gas flow rate through the solvent recovery device. A 
single continuous volumetric gas flow measurement should be sufficient 
for a solvent recovery device since the inlet and outlet volumetric gas 
flow rates for a solvent recovery device are essentially equal. Each 
month's individual inlet concentration values and corresponding 
individual gas flow rate values are multiplied and then summed to get 
the total organic volatile matter mass flow in the gas stream entering 
the solvent recovery device for the month. Each month's individual 
outlet concentration values and corresponding individual gas flow rate 
values are multiplied and then summed to get the total organic volatile 
matter mass flow in the gas stream exiting the solvent recovery device 
for the 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

[[Page 321]]

parameter is operated at an average value greater than or less than (as 
appropriate) the operating parameter value established in accordance 
with Sec. 63.828(a)(5) for each three hour period, and
    (A) The organic volatile matter collection and recovery efficiency, 
Rv, is 95 percent or greater, or
    (B) The organic HAP emission rate based on solids applied, L, is 
0.20 kg organic HAP per kg solids applied or less, or
    (C) The organic HAP emission rate based on material applied, S, is 
0.04 kg organic HAP per kg material applied or less, or
    (D) The organic HAP emitted during the month, H, is less than the 
calculated allowable organic HAP, Ha, as determined using 
paragraph (e) of this section.
    (d) To demonstrate compliance with the overall organic HAP control 
efficiency requirement in Sec. 63.825(b)(7) or the overall organic HAP 
emission rate limitation requirements in Sec. 63.825(b)(8)-(10), each 
owner or operator using an oxidizer to control emissions shall show 
compliance by following the procedures in either paragraph (d)(1) or 
(d)(2) of this section:
    (1) demonstrate initial compliance through performance tests of 
capture efficiency and control device efficiency and continuing 
compliance through continuous monitoring of capture system and control 
device operating parameters following the procedures in paragraph 
(d)(1)(i) through (d)(1)(xi) of this section:
    (i) Determine the oxidizer destruction efficiency (E) using the 
procedure in Sec. 63.827(d).
    (ii) Determine the capture system capture efficiency (F) in 
accordance with Sec. 63.827(e)-(f).
    (iii) Calculate the overall organic HAP control efficiency, (R), 
achieved using Equation 13.
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP 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.
    (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

[[Page 322]]

average value greater than or less than (as appropriate) the operating 
parameter value established in accordance with Sec. 63.828(a)(5) for 
each three hour period, and
    (A) The overall organic HAP control efficiency, R, is 95 percent or 
greater, or
    (B) The organic HAP emission rate based on solids applied, L, is 
0.20 kg organic HAP per kg solids applied or less, or
    (C) The organic HAP emission rate based on material applied, S, is 
0.04 kg organic HAP per kg material applied or less, or
    (D) The organic HAP emitted during the month, H, is less than the 
calculated allowable organic HAP, Ha, as determined using 
paragraph (e) of this section.
    (2) Use continuous emission monitors, conduct an initial performance 
test of capture efficiency, and continuously monitor a site specific 
operating parameter to assure capture efficiency. The percent control 
efficiency of the oxidizer shall be demonstrated in accordance with the 
requirements of paragraph (c)(2) of this section except that separate 
continuous volumetric gas flow measurements of the inlet and outlet 
volumetric gas flow rates are required for an oxidizer.
    (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

[[Page 323]]

presses, for which the owner or operator chooses to comply by means of 
an initial test of capture efficiency, continuous emission monitoring of 
the control device, and continuous monitoring of a capture system 
operating parameter, shall
    (i) For each capture system delivering emissions to that solvent 
recovery system, monitor an operating parameter established in 
accordance with Sec. 63.828(a)(5) to assure capture system efficiency, 
and
    (ii) Determine the organic HAP emissions for those presses served by 
each capture system delivering emissions to that solvent recovery system 
either
    (A) In accordance with paragraphs (c)(2)(i)-(iii) and (c)(2)(v)-
(viii) of this section if the presses served by that capture system have 
only always-controlled work stations, or
    (B) In accordance with paragraphs (c)(2)(ii)-(iii), (c)(2)(v)-(vii), 
and (g) of this section if the presses served by that capture system 
have one or more never-controlled or intermittently-controllable work 
stations.
    (3) The owner or operator of each oxidizer used to control emissions 
from one or more product and packaging rotogravure or wide-web 
flexographic presses choosing to demonstrate compliance through 
performance tests of capture efficiency and control device efficiency 
and continuing compliance through continuous monitoring of capture 
system and control device operating parameters, shall
    (i) Monitor an operating parameter established in accordance with 
Sec. 63.828(a)(4) to assure control device efficiency, and
    (ii) For each capture system delivering emissions to that oxidizer, 
monitor an operating parameter established in accordance with Sec. 
63.828(a)(5) to assure capture efficiency, and
    (iii) Determine the organic HAP emissions for those presses served 
by each capture system delivering emissions to that oxidizer either
    (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

[[Page 324]]

(f)(5) of this section. The affected source is in compliance for the 
month, if all operating parameters required to be monitored under 
paragraphs (f)(2)-(4) of this section were maintained at the appropriate 
values, and
    (i) The total mass of organic HAP emitted by the affected source was 
not more than four percent of the total mass of inks, coatings, 
varnishes, adhesives, primers, solvents, diluents, reducers, thinners 
and other materials applied by the affected source, or
    (ii) The total mass of organic HAP emitted by the affected source 
was not more than 20 percent of the total mass of solids applied by the 
affected source, or
    (iii) The total mass of organic HAP emitted by the affected source 
was not more than the equivalent allowable organic HAP emissions for the 
affected source, Ha, calculated in accordance with paragraph 
(e) of this section, or
    (iv) The total mass of organic HAP emitted by the affected source 
was not more than five percent of the total mass of organic HAP applied 
by the affected source. The total mass of organic HAP applied by the 
affected source in the month shall be determined by the owner or 
operator using Equation 8.
    (g) Owners or operators determining organic HAP emissions from a 
press or group of presses having one or more never-controlled or 
intermittently-controllable work stations and using the procedures 
specified in paragraphs (f)(1)(ii), (f)(2)(ii)(B), (f)(3)(iii)(B), or 
(f)(4)(ii)(B) of this section shall for that press or group of presses:
    (1) Determine the sum of the mass of all inks, coatings, varnishes, 
adhesives, primers, and other solids-containing materials which are 
applied on intermittently-controllable work stations in bypass mode and 
the mass of all inks, coatings, varnishes, adhesives, primers, and other 
solids-containing materials which are applied on never-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

[[Page 325]]

shall calculate the organic HAP emitted during the month using Equation 
(19).
[GRAPHIC] [TIFF OMITTED] TR30MY96.018

    (h) If the affected source operates more than one capture system or 
more than one control device, and has no never-controlled work stations 
and no intermittently-controllable work stations, then the affected 
source is in compliance with the 95 percent overall organic HAP control 
efficiency requirement for the month if for each press or group of 
presses controlled by a common control device:
    (1) The volatile matter collection and recovery efficiency, 
Rv, as determined by paragraphs (c)(1)(i), (c)(1)(iii), and 
(c)(1)(v)-(vii) of this section is equal to or greater than 95 percent, 
or
    (2) The overall organic HAP control efficiency as determined by 
paragraphs (c)(2)(iii) and (c)(2)(v)-(vii) of this section for each 
press or group of presses served by that control device and a common 
capture system is equal to or greater than 95 percent and the average 
capture system operating parameter value for each capture system serving 
that control device is greater than or less than (as appropriate) the 
operating parameter value established for that capture system in 
accordance with Sec. 63.828(a)(5) for each three hour period, or
    (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.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29801, May 24, 2006]



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 Sec. Sec. 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

[[Page 326]]

total organic volatile matter concentration and the volumetric gas flow 
rate, and capture efficiency has been determined in accordance with the 
requirements of this subpart, such that an overall organic HAP control 
efficiency can be calculated, and
    (ii) The continuous emission monitors are used to demonstrate 
continuous compliance in accordance with Sec. 63.824(b)(1)(ii), Sec. 
63.825(b)(2)(ii), Sec. 63.825(c)(2), or Sec. 63.825(d)(2), as 
applicable, and 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 weight fraction organic HAP of inks, 
coatings, varnishes, adhesives, primers, solvents, thinners, reducers, 
diluents, and other materials used by a publication rotogravure affected 
source shall be conducted according to paragraph (b)(1) of this section. 
Determination of the weight fraction organic HAP of inks, coatings, 
varnishes, adhesives, primers, solvents, thinners, reducers, diluents, 
and other materials applied by a product and packaging rotogravure or 
wide-web flexographic printing affected source shall be conducted 
according to paragraph (b)(2) of this section. If the weight fraction 
organic HAP values are not determined using the procedures in paragraphs 
(b)(1) or (b)(2) of this section, the owner or operator must submit an 
alternative test method for determining their values for approval by the 
Administrator in accordance with Sec. 63.7(f). The recovery efficiency 
of the test method must be determined for all of the target organic HAP 
and a correction factor, if necessary, must be determined and applied.
    (1) Each owner or operator of a publication rotogravure affected 
source shall determine the weight fraction organic HAP of each ink, 
coating, varnish, adhesive, primer, solvent, and other material used by 
following one of the procedures in paragraphs (b)(1)(i) through (iii) of 
this section:
    (i) The owner or operator may test the material in accordance with 
Method 311 of appendix A of this part. The Method 311 determination may 
be performed by the owner or operator of the affected source, the 
supplier of the material, or an independent third party. The organic HAP 
content determined by Method 311 must be calculated according to the 
criteria and procedures in paragraphs (b)(1)(i)(A) through (C) of this 
section.
    (A) Include each organic HAP determined to be present at greater 
than or equal to 0.1 weight percent for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and greater than or equal to 1.0 weight percent for 
other organic HAP compounds.
    (B) Express the weight fraction of each organic HAP included 
according to paragraph (b)(1)(i)(A) of this section as a value truncated 
to four places after the decimal point (for example, 0.3791).
    (C) Calculate the total weight fraction of organic HAP in the tested 
material by summing the weight fraction of each organic HAP included 
according to paragraph (b)(1)(i)(A) of this section and truncating the 
result to three places after the decimal point (for example, 0.763).
    (ii) The owner or operator may determine the weight fraction 
volatile matter of the material in accordance with Sec. 63.827(c)(1) 
and use this value for the weight fraction organic HAP for all 
compliance purposes.
    (iii) The owner or operator may use formulation data to determine 
the weight fraction organic HAP of a material. Formulation data may be 
provided to the owner or operator on a CPDS by the supplier of the 
material or an independent third party. Formulation data may be used 
provided that the weight fraction organic HAP is calculated according to 
the criteria and procedures in paragraphs (b)(1)(iii)(A) through (D) of 
this section. In the event of an inconsistency between the formulation 
data and the result of Method 311 of appendix A of this part, where the 
test result is higher, the Method 311 data will take precedence unless, 
after consultation, the owner or operator can demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.

[[Page 327]]

    (A) For each raw material used in making the material, include each 
organic HAP present in that raw material at greater than or equal to 0.1 
weight percent for OSHA-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and greater than or equal to 1.0 weight percent for 
other organic HAP compounds. The weight fraction of each such organic 
HAP in each raw material must be determined by Method 311 of appendix A 
of this part, by an alternate method approved by the Administrator, or 
from a CPDS provided by the raw material supplier or an independent 
third party. The weight fraction of each such organic HAP in each raw 
material must be expressed as a value truncated to four places after the 
decimal point (for example, 0.1291).
    (B) For each raw material used in making the material, the weight 
fraction contribution of each organic HAP, which is included according 
to paragraph (b)(1)(iii)(A) of this section, in that raw material to the 
weight fraction organic HAP of the material is calculated by multiplying 
the weight fraction, truncated to four places after the decimal point 
(for example, 0.1291), of that organic HAP in that raw material times 
the weight fraction of that raw material, truncated to four places after 
the decimal point (for example, 0.2246), in the material. The product of 
each such multiplication is to be truncated to four places after the 
decimal point (for example, 0.1291 times 0.2246 yields 0.02899586 which 
truncates to 0.0289).
    (C) For each organic HAP which is included according to paragraph 
(b)(1)(iii)(A) of this section, the total weight fraction of that 
organic HAP in the material is calculated by adding the weight fraction 
contribution of that organic HAP from each raw material in which that 
organic HAP is included according to paragraph (b)(1)(iii)(A) of this 
section. The sum of each such addition must be expressed to four places 
after the decimal point.
    (D) The total weight fraction of organic HAP in the material is the 
sum of the counted individual organic HAP weight fractions. This sum 
must be truncated to three places after the decimal point (for example, 
0.763).
    (2) Each owner or operator of a product and packaging rotogravure or 
wide-web flexographic printing affected source shall determine the 
organic HAP weight fraction of each ink, coating, varnish, adhesive, 
primer, solvent, and other material applied by following one of the 
procedures in paragraphs (b)(2)(i) through (iii) of this section:
    (i) The owner or operator may test the material in accordance with 
Method 311 of appendix A of this part. The Method 311 determination may 
be performed by the owner or operator of the affected source, the 
supplier of the material, or an independent third party. The organic HAP 
content determined by Method 311 must be calculated according to the 
criteria and procedures in paragraphs (b)(2)(i)(A) through (C) of this 
section.
    (A) Include each organic HAP determined to be present at greater 
than or equal to 0.1 weight percent for OSHA-defined carcinogens as 
specified in 29 CFR 1910.1200(d)(4) and greater than or equal to 1.0 
weight percent for other organic HAP compounds.
    (B) Express the weight fraction of each organic HAP included 
according to paragraph (b)(2)(i)(A) of this section as a value truncated 
to four places after the decimal point (for example, 0.3791).
    (C) Calculate the total weight fraction of organic HAP in the tested 
material by summing the weight fraction of each organic HAP included 
according to paragraph (b)(2)(i)(A) of this section and truncating the 
result to three places after the decimal point (for example, 0.763).
    (ii) The owner or operator may determine the weight fraction 
volatile matter of the material in accordance with Sec. 63.827(c)(2) 
and use this value for the weight fraction organic HAP for all 
compliance purposes.
    (iii) The owner or operator may use formulation data to determine 
the weight fraction organic HAP of a material. Formulation data may be 
provided to the owner or operator on a CPDS by the supplier of the 
material or an independent third party. Formulation data may be used 
provided that the weight fraction organic HAP is calculated according to 
the criteria and procedures

[[Page 328]]

in paragraphs (b)(2)(iii)(A) through (D) of this section. In the event 
of an inconsistency between the formulation data and the result of 
Method 311 of appendix A of this part, where the test result is higher, 
the Method 311 data will take precedence unless, after consultation, the 
owner or operator can demonstrate to the satisfaction of the enforcement 
agency that the formulation data are correct.
    (A) For each raw material used in making the material, include each 
organic HAP present in that raw material at greater than or equal to 0.1 
weight percent for OSHA-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and greater than or equal to 1.0 weight percent for 
other organic HAP compounds. The weight fraction of each such organic 
HAP in each raw material must be determined by Method 311 of appendix A 
of this part, by an alternate method approved by the Administrator, or 
from a CPDS provided by the raw material supplier or an independent 
third party. The weight fraction of each such organic HAP in each raw 
material must be expressed as a value truncated to four places after the 
decimal point (for example, 0.1291).
    (B) For each raw material used in making the material, the weight 
fraction contribution of each organic HAP, which is included according 
to paragraph (b)(2)(iii)(A) of this section, in that raw material to the 
weight fraction organic HAP of the material is calculated by multiplying 
the weight fraction, truncated to four places after the decimal point 
(for example, 0.1291), of that organic HAP in that raw material times 
the weight fraction of that raw material, truncated to four places after 
the decimal point (for example, 0.2246), in the material. The product of 
each such multiplication is truncated to four places after the decimal 
point (for example, 0.1291 times 0.2246 yields 0.02899586 which 
truncates to 0.0289).
    (C) For each organic HAP which is included according to paragraph 
(b)(2)(iii)(A) of this section, the total weight fraction of that 
organic HAP in the material is calculated by adding the weight fraction 
contribution of that organic HAP from each raw material in which that 
organic HAP is included according to paragraph (b)(2)(iii)(A) of this 
section. The sum of each such addition must be expressed to four places 
after the decimal point.
    (D) The total weight fraction of organic HAP in the material is the 
sum of the counted individual organic HAP weight fractions. This sum is 
to be truncated to three places after the decimal point (for example, 
0.763).
    (c) Determination of the weight fraction volatile matter content of 
inks, coatings, varnishes, adhesives, primers, solvents, reducers, 
thinners, diluents, and other materials used by a publication 
rotogravure affected source shall be conducted according to paragraph 
(c)(1) of this section. Determination of the weight fraction volatile 
matter content and weight fraction solids content of inks, coatings, 
varnishes, adhesives, primers, solvents, reducers, thinners, diluents, 
and other materials applied by a product and packaging rotogravure or 
wide-web flexographic printing affected source shall be conducted 
according to paragraph (c)(2) of this section.
    (1) Each owner or operator of a publication rotogravure affected 
source shall determine the volatile matter weight fraction of each ink, 
coating, varnish, adhesive, primer, solvent, reducer, thinner, diluent, 
and other material used by following the procedures in paragraph 
(b)(1)(i) of this section, or by using formulation data as described in 
paragraph (c)(3) of this section.
    (i) Determine the volatile matter weight fraction of the material 
using Method 24A of 40 CFR part 60, appendix A. The Method 24A 
determination may be performed by the owner or operator of the affected 
source, the supplier of the material, or an independent third party. The 
Method 24A result shall be truncated to three places after the decimal 
point (for example, 0.763). 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.
    (2) Each owner or operator of a product and packaging rotogravure or 
wide-web flexographic printing affected source shall determine the 
volatile matter weight fraction and solids weight fraction of each ink, 
coating,

[[Page 329]]

varnish, adhesive, primer, solvent, reducer, thinner, diluent, and other 
material applied by following the procedures in paragraphs (b)(2)(i) and 
(ii) of this section, or by using formulation data as described in 
paragraph (c)(3) of this section.
    (i) Determine the volatile matter weight fraction of the material 
using Method 24 of 40 CFR part 60, appendix A. The Method 24 
determination may be performed by the owner or operator of the affected 
source, the supplier of the material, or an independent third party. The 
Method 24 result shall be truncated to three places after the decimal 
point (for example, 0.763). 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.
    (ii) Calculate the solids weight fraction Method 24 result by 
subtracting the volatile matter weight fraction Method 24 result from 
1.000. This calculation may be performed by the owner or operator, the 
supplier of the material, or an independent third party.
    (3) The owner or operator may use formulation data to determine the 
volatile matter weight fraction or solids weight fraction of a material. 
Formulation data may be provided to the owner or operator on a CPDS by 
the supplier of the material or an independent third party. The volatile 
matter weight fraction and solids weight fraction shall be truncated to 
three places after the decimal point (for example, 0.763). In the event 
of any inconsistency between the formulation data and the result of 
Method 24 or Method 24A of 40 CFR part 60, appendix A, where the test 
result for volatile matter weight fraction is higher or the test result 
for solids weight fraction is lower, the applicable test method data 
will take precedence 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 Sec. Sec. 
63.824-63.825 shall be conducted by the owner or operator in accordance 
with the following:
    (1) An initial performance test to establish the destruction 
efficiency of an oxidizer and the associated combustion zone temperature 
for a thermal oxidizer and the associated catalyst bed inlet temperature 
for a catalytic oxidizer shall be conducted and the data reduced in 
accordance with the following reference methods and procedures:
    (i) Method 1 or 1A of 40 CFR part 60, appendix A is used for sample 
and velocity traverses to determine sampling locations.
    (ii) Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A is used 
to determine gas volumetric flow rate.
    (iii) Method 3 of 40 CFR part 60, appendix A is used for gas 
analysis to determine dry molecular weight.
    (iv) Method 4 of 40 CFR part 60, appendix A is used to determine 
stack gas moisture.
    (v) Methods 2, 2A, 3, and 4 of 40 CFR part 60, appendix A shall be 
performed, as applicable, at least twice during each test period.
    (vi) Method 25 of 40 CFR part 60, appendix A, shall be used to 
determine organic volatile matter concentration, except as provided in 
paragraphs (d)(1)(vi)(A) through (D) 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 same method must be used for both the 
inlet and outlet measurements. 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 as 
carbon is required to comply with the standards of Sec. Sec. 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 as 
carbon, 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 as carbon, regardless of inlet concentration, 
or

[[Page 330]]

    (D) The control device is not an oxidizer.
    (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] TR24MY06.003

Where:

Mf = Total organic volatile matter mass flow rate, kg/hour 
(h).
Qsd = Volumetric flow rate of gases entering or exiting the 
control device, as determined according to Sec. 63.827(d)(1)(ii), dry 
standard cubic meters (dscm)/h.
Cc = Concentration of organic compounds as carbon, ppmv.
12.0 = Molecular weight of carbon.
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
(mol/m3) (@ 293 Kelvin (K) and 760 millimeters of mercury (mmHg)).
    (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 Sec. Sec. 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 Sec. 63.824(b)(1)(ii), Sec. 
63.824(b)(2), Sec. 63.825(c)(2), Sec. 63.825(d)(1)-(2), Sec. 
63.825(f)(2)-(4), or Sec. 63.825(h)(2)-(3) shall be conducted by the 
owner or operator in accordance with the following:
    (1) You may assume your capture efficiency equals 100 percent if 
your capture system is a permanent total enclosure (PTE). You must 
confirm that your capture system is a PTE by demonstrating that it meets 
the requirements of section 6 of Method 204 of 40 CFR part 51, appendix 
M, and that all exhaust gases from the enclosure are delivered to a 
control device.
    (2) You may determine capture efficiency according to the protocols 
for testing with temporary total enclosures that are specified in 
Methods 204 and 204A through F of 40 CFR part 51, appendix M. You 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

[[Page 331]]

from such capture efficiency determinations.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29802, May 24, 2006]



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 Sec. Sec. 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 Sec. Sec. 63.824-63.825 
through continuous emission monitoring of a control device shall 
install, calibrate, operate, and maintain continuous emission monitors 
to measure total organic volatile matter concentration and volumetric 
gas flow rate in accordance with Sec. 63.824(b)(1)(ii), Sec. 
63.825(b)(2)(ii), Sec. 63.825(c)(2), or Sec. 63.825(d)(2), as 
applicable.
    (4) An owner or operator complying with the requirements of 
Sec. Sec. 63.824-63.825 through the use of an oxidizer and 
demonstrating continuous compliance through monitoring of an oxidizer 
operating parameter shall:
    (i) For an oxidizer other than a catalytic oxidizer, install, 
calibrate, operate, and maintain a temperature monitoring device 
equipped with a continuous recorder. The device shall have an accuracy 
of 1 percent of the temperature being monitored in 
[deg]C or 1 [deg]C,

[[Page 332]]

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 
Sec. Sec. 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 Sec. Sec. 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.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006]



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 Sec. Sec. 63.824-
63.825 of this subpart. The records shall be maintained in accordance 
with the requirements of Sec. 63.10(b) of this part.
    (d) The owner or operator of each facility which commits to the 
criteria of Sec. 63.820(a)(2) shall maintain records of all required 
measurements and calculations needed to demonstrate compliance with 
these criteria, including the mass of all HAP containing materials used 
and the mass fraction of HAP present in each HAP containing material 
used, on a monthly basis.
    (e) The owner or operator of each facility which meets the limits 
and criteria of Sec. 63.821(b)(1) shall maintain records as required in 
paragraph (e)(1) of this section. The owner or operator of each facility 
which meets the limits and criteria of Sec. 63.821(b)(2) shall maintain 
records as required in paragraph

[[Page 333]]

(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 
mass 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 
mass 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.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006]



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. Sec. 63.7 
and 63.9(e) of this part. This notification, and the site-specific test 
plan required under Sec. 63.7(c)(2) shall identify the operating 
parameter to be monitored to ensure that the capture efficiency measured 
during the performance test is maintained. The operating parameter 
identified in the site-specific test plan shall be considered to be 
approved unless explicitly disapproved, or unless comments received from 
the Administrator require monitoring of an alternate parameter.
    (3) A Notification of Compliance Status specified in Sec. 63.9(h) 
of this part.
    (4) Performance test reports specified in Sec. 63.10(d)(2) of this 
part.
    (5) Start-up, shutdown, and malfunction reports specified in Sec. 
63.10(d)(5) of this part, except that the provisions in subpart A 
pertaining to start-ups, shutdowns, and malfunctions do not apply unless 
a control device is used to comply with this subpart.
    (i) If actions taken by an owner or operator during a start-up, 
shutdown, or malfunction of an affected source (including actions taken 
to correct a malfunction) are not completely consistent with the 
procedures specified in the source's start-up, shutdown, and malfunction 
plan specified in Sec. 63.6(e)(3) of this part, the owner or operator 
shall state such information in the report. The start-up, shutdown, or 
malfunction report shall consist of a letter containing the name, title, 
and signature of the responsible official who is

[[Page 334]]

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 6-month 
period). These summary reports are required even if the affected source 
does not have any control devices or does not take the performance of 
any control devices into account in demonstrating compliance with the 
emission limitations in Sec. 63.824 or Sec. 63.825. 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 Sec. Sec. 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).

[61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006]



Sec. 63.831  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.820 through 63.821 and 63.823 through 63.826.
    (2) Approval of alternatives to the test method for organic HAP 
content determination in Sec. 63.827(b) and alternatives to the test 
method for volatile matter in Sec. 63.827(c), and major alternatives to 
other test methods under Sec. 63.7(e)(2)(ii) and (f), as defined in 
Sec. 63.90, and as required in this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37354, June 23, 2003]



Sec. Sec. 63.832-63.839  [Reserved]



    Sec. Table 1 to Subpart KK of Part 63--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.

[[Page 335]]

 
Sec.  63.3(a)-(c)............  Yes.
Sec.  63.4(a)(1)-(a)(3)......  Yes.
Sec.  63.4(a)(4).............  No...............  Section reserved.
Sec.  63.4(a)(5).............  Yes.
Sec.  63.4(b)-(c)............  Yes.
Sec.  63.5(a)(1)-(a)(2)......  Yes.
Sec.  63.5(b)(1).............  Yes.
Sec.  63.5(b)(2).............  No...............  Section reserved.
Sec.  63.5(b)(3)-(b)(6)......  Yes.
Sec.  63.5(c)................  No...............  Section reserved.
Sec.  63.5(d)................  Yes.
Sec.  63.5(e)................  Yes.
Sec.  63.5(f)................  Yes.
Sec.  63.6(a)................  Yes.
Sec.  63.6(b)(1)-(b)(5)......  Yes.
Sec.  63.6(b)(6).............  No...............  Section reserved.
Sec.  63.6(b)(7).............  Yes.
Sec.  63.6(c)(1)-(c)(2)......  Yes.
Sec.  63.6(c)(3)-(c)(4)......  No...............  Sections reserved.
Sec.  63.6(c)(5).............  Yes.
Sec.  63.6(d)................  No...............  Section reserved.
Sec.  63.6(e)................  Yes..............  Provisions pertaining
                                                    to start-ups,
                                                    shutdowns,
                                                    malfunctions, and
                                                    CMS do not apply
                                                    unless an add-on
                                                    control system is
                                                    used.
Sec.  63.6(f)................  Yes.
Sec.  63.6(g)................  Yes.
Sec.  63.6(h)................  No...............  Subpart KK does not
                                                    require COMS.
Sec.  63.6(i)(1)-(i)(14).....  Yes.
Sec.  63.6(i)(15)............  No...............  Section reserved.
Sec.  63.6(i)(16)............  Yes.
Sec.  63.6(j)................  Yes.
Sec.  63.7...................  Yes.
Sec.  63.8(a)(1)-(a)(2)......  Yes.
Sec.  63.8(a)(3).............  No...............  Section reserved.
Sec.  63.8(a)(4).............  No...............  Subpart KK specifies
                                                    the use of solvent
                                                    recovery devices or
                                                    oxidizers.
Sec.  63.8(b)................  Yes.
Sec.  63.8(c)(1)-(3).........  Yes.
Sec.  63.8(c)(4).............  No...............  Subpart KK specifies
                                                    CMS sampling
                                                    requirements.
Sec.  63.8(c)(5).............  No...............  Subpart KK does not
                                                    require COMS.
Sec.  63.8(c)(6)-(c)(8)......  Yes..............  Provisions for COMS
                                                    are not applicable.
Sec.  63.8(d)-(f)............  Yes.
Sec.  63.8(g)................  No...............  Subpart KK specifies
                                                    CMS data reduction
                                                    requirements.
Sec.  63.9(a)................  Yes.
Sec.  63.9(b)(1).............  Yes.
Sec.  63.9(b)(2).............  Yes..............  Initial notification
                                                    submission date
                                                    extended.
Sec.  63.9(b)(3)-(b)(5)......  Yes.
Sec.  63.9(c)-(e)............  Yes.
Sec.  63.9(f)................  No...............  Subpart KK does not
                                                    require opacity and
                                                    visible emissions
                                                    observations.
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.

[[Page 336]]

 
Sec.  63.15..................  Yes.
------------------------------------------------------------------------



  Sec. Appendix A to Subpart KK of Part 63--Data Quality Objective and 
  Lower Confidence Limit Approaches for Alternative Capture Efficiency 
                       Protocols and Test Methods

                             1. Introduction

    1.1 Alternative capture efficiency (CE) protocols and test methods 
that satisfy the criteria of either the data quality objective (DQO) 
approach or the lower confidence limit (LCL) approach are acceptable 
under Sec. 63.827(f). The general criteria for alternative CE protocols 
and test methods to qualify under either the DQO or LCL approach are 
described in section 2. The DQO approach and criteria specific to the 
DQO approach are described in section 3. The LCL approach and criteria 
specific to the LCL approach are described in section 4. The recommended 
reporting for alternative CE protocols and test methods are presented in 
section 5. The recommended recordkeeping for alternative CE protocols 
and test methods are presented in section 6.
    1.2 Although the Procedures L, G.1, G.2, F.1, and F.2 in Sec. 
52.741 of part 52 were developed for TTE and BE testing, the same 
procedures can also be used in an alternative CE protocol. For example, 
a traditional liquid/gas mass balance CE protocol could employ Procedure 
L to measure liquid VOC input and Procedure G.1 to measure captured VOC.

             2. General Criteria for DQO and LCL Approaches

    2.1 The following general criteria must be met for an alternative 
capture efficiency protocol and test methods to qualify under the DQO or 
LCL approach.
    2.2 An alternative CE protocol must consist of at least three valid 
test runs. Each test run must be at least 20 minutes long. No test run 
can be longer than 24 hours.
    2.3 All test runs must be separate and independent. For example, 
liquid VOC input and output must be determined independently for each 
run. The final liquid VOC sample from one run cannot be the initial 
sample for another run. In addition, liquid input for an entire day 
cannot be apportioned among test runs based on production.
    2.4 Composite liquid samples cannot be used to obtain an ``average 
composition'' for a test run. For example, separate initial and final 
coating samples must be taken and analyzed for each run; initial and 
final samples cannot be combined prior to analysis to derive an 
``average composition'' for the test run.
    2.5 All individual test runs that result in a CE of greater than 105 
percent are invalid and must be discarded.
    2.6 If the source can demonstrate to the regulatory agency that a 
test run should not be considered due to an identified testing or 
analysis error such as spillage of part of the sample during shipping or 
an upset or improper operating conditions that is not considered part of 
normal operation then the test result for that individual test run may 
be discarded. This limited exception allows 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).

[[Page 337]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.047

    3.2 The DQO calculation is made as follows using Equations 1 and 2:
    [GRAPHIC] [TIFF OMITTED] TR24MY06.004
    
    [GRAPHIC] [TIFF OMITTED] TR24MY06.005
    
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 (two-sided) confidence 
level (see Table A-1).
xavg = Average measured CE value (calculated from all valid 
test runs).
xi = The CE value calculated from the ith test run.

                           Table A-1--t-Values
------------------------------------------------------------------------
           Number of valid test runs, n               t0.975     t0.90
------------------------------------------------------------------------
1 or 2............................................        N/A        N/A
3.................................................      4.303      1.886
4.................................................      3.182      1.638
5.................................................      2.776      1.533
6.................................................      2.571      1.476
7.................................................      2.447      1.440
8.................................................      2.365      1.415
9.................................................      2.306      1.397
10................................................      2.262      1.383
11................................................      2.228      1.372
12................................................      2.201      1.363
13................................................      2.179      1.356
14................................................      2.160      1.350
15................................................      2.145      1.345
16................................................      2.131      1.341
17................................................      2.120      1.337
18................................................      2.110      1.333
19................................................      2.101      1.330
20................................................      2.093      1.328
21................................................      2.086      1.325
------------------------------------------------------------------------

    3.3 The sample standard deviation and average CE value are 
calculated using Equations 3 and 4 as follows:
[GRAPHIC] [TIFF OMITTED] TR30MY96.024

[GRAPHIC] [TIFF OMITTED] TR30MY96.025

    3.4 The DQO criteria are achieved when all of the general criteria 
in section 2 are achieved and P <=5 percent (i.e., the specific DQO 
criterion is achieved). In order to meet this objective, facilities may 
have to conduct more than three test runs. Examples of calculating P, 
given a finite number of test runs, are shown below. (For purposes of 
this

[[Page 338]]

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
[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.

[[Page 339]]

    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 an 80 percent (two-sided) confidence 
level as follows using Equation 11:
[GRAPHIC] [TIFF OMITTED] TR24MY06.006

Where:

LC1 = LCL at an 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 A-1).
xavg = Average measured CE value (calculated from all valid 
test runs).

    4.9 The resulting LC1 is compared to the applicable CE 
regulatory requirement. If LC1 exceeds (i.e., is higher than) 
the applicable regulatory requirement, then a facility is in initial 
compliance. However, if the LC1 is below the CE requirement, 
then the facility must conduct additional test runs. After this point 
the test results will be evaluated not only looking at the LCL, but also 
the DQO of 5 percent of the mean at a 95 percent 
confidence level. If the test results with the additional test runs meet 
the DQO before the LCL exceeds the applicable CE regulatory requirement, 
then the average CE value will be compared to the applicable CE 
regulatory requirement for determination of compliance.
    4.10 If there is no specific CE requirement in the applicable 
regulation, then the applicable CE regulatory requirement is determined 
based on the applicable regulation and an acceptable destruction 
efficiency test. If the applicable regulation requires daily compliance 
and the latest CE compliance demonstration was made using the LCL 
approach, then the calculated LC1 will be the highest CE 
value which a facility is allowed to claim until another CE 
demonstration test is conducted. This last requirement is necessary to 
assure both sufficiently reliable test results in all circumstances and 
the potential environmental benefits referenced above.
    4.11 An example of calculating the LCL is shown below. Facility B's 
applicable regulatory requirement is 85 percent CE. Facility B conducted 
a CE test using a traditional liquid/gas mass balance and submitted the 
following results and the calculation shown in Equation 12:

------------------------------------------------------------------------
                              Run                                   CE
------------------------------------------------------------------------
1..............................................................     94.2
2..............................................................     97.6
3..............................................................     90.5
------------------------------------------------------------------------

Therefore:

n=3
t0.90=1.886
xavg=94.1
s=3.55
[GRAPHIC] [TIFF OMITTED] TR30MY96.033

    4.12 Since the LC1 of 90.23 percent is above the 
applicable regulatory requirement of 85 percent then the facility is in 
compliance. The facility must continue to accept the LC1 of 
90.23 percent as its CE value until a new series of valid tests is 
conducted. (The data generated by Facility B do not meet the specific 
DQO criterion.)

          5. Recommended Reporting for Alternative CE Protocols

    5.1 If a facility chooses to use alternative CE protocols and test 
methods that satisfy either the DQO or LCL and the additional criteria 
in section 4., the following information should be submitted with each 
test report to the appropriate regulatory agency:
    1. A copy of all alternative test methods, including any changes to 
the EPA reference methods, QA/QC procedures and calibration procedures.
    2. A table with information on each liquid sample, including the 
sample identification, where and when the sample was taken, and the VOC 
content of the sample;
    3. The coating usage for each test run (for protocols in which the 
liquid VOC input is to be determined);

[[Page 340]]

    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.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006]



Subpart LL_National Emission Standards for Hazardous Air Pollutants for 
                    Primary Aluminum Reduction Plants

    Source: 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 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 Sec. Sec. 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 at the 
National Archives and Records Administration (NARA), and at the Air and 
Radiation Docket Center, U.S. EPA, 1200 Pennsylvania Ave., NW., 
Washington, DC. For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal--
register/code--of--federal--regulations/ibr--locations.html. 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.

[62 FR 52407, Oct. 7, 1997, as amended at 69 FR 18803, Apr. 9, 2004]



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:

[[Page 341]]

    Anode bake cycle means the period during which the regularly 
repeated sequence of loading, preheating, firing, cooling, and removing 
anodes from all sections within an anode bake furnace occurs one time.
    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 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

[[Page 342]]

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.
    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.

[62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66284, Nov. 2, 2005]



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) 2.85 kg/Mg (5.7 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.

[[Page 343]]

    (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.

[62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66284, Nov. 2, 2005]



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
    (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

[[Page 344]]

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 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=f1xLPG1+(1-
    f1)xLPL

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=f1xLPG2+(1-
    f1)xLPL

Where:

L2=the upper TF emission limit in kg/Mg (lb/ton); and

[[Page 345]]

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 Sec. Sec. 
63.847, 63.848, and 63.849.
    (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 Sec. Sec. 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=f1xEPG1+(1-f1)xEPL

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

[[Page 346]]

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 Sec. Sec. 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 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 Sec. Sec. 63.847 and

[[Page 347]]

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 Sec. Sec. 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 
Sec. Sec. 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:
    (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:

[[Page 348]]

    (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.
    (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 must comply 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;

[[Page 349]]

    (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) Performance test dates. Following approval of the site-specific 
test plan, the owner or operator must conduct a performance test to 
demonstrate initial compliance according to 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 demonstrate initial compliance. The 
owner or operator must conduct the performance test:
    (1) During the first month following the compliance date for an 
existing potline (or potroom group) or anode bake furnace;
    (2) By the date determined according to the requirements in 
paragraph (c)(2)(i), (ii), or (iii) of this section for a new or 
reconstructed potline, anode bake furnace, or pitch storage tank (for 
which the owner or operator elects to conduct an initial performance 
test):
    (i) By the 180th day following startup for a potline or potroom 
group. The 180-day period starts when the first pot in a potline or 
potroom group is energized.
    (ii) By the 45th day from the start of the second anode bake cycle 
(but no later than the 180th day from the startup of the anode bake 
furnace).
    (iii) By the 30th day following startup for a pitch storage tank. 
The 30-day period starts when the tank is first used to store pitch.
    (3) By the date determined according to the requirements in 
paragraph (c)(3)(i) or (ii) of this section for an existing potline or 
anode bake furnace that was shut down at the time compliance would have 
otherwise been required and is subsequently restarted:
    (i) By the 180th day following startup for a potline or potroom 
group. The 180-day period starts when the first pot in a potline or 
potroom group is energized.
    (ii) By the 45th day from the start of the second anode bake cycle 
(but no later than the 180th day from the startup of the anode bake 
furnace).
    (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 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 Sec. 63.843, Sec. 63.844, 
or Sec. 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

[[Page 350]]

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 
Sec. 63.843, Sec. 63.844, or Sec. 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 Sec. 
63.843, Sec. 63.844, or Sec. 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 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;

[[Page 351]]

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 Sec. Sec. 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 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

[[Page 352]]

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.

[62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66284, Nov. 2, 2005]



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 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

[[Page 353]]

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 
Sec. Sec. 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 Sec. 63.843 or Sec. 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.
    (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.

[[Page 354]]

    (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
    (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 corrective action 
procedures within 1 hour. Failure to initiate the corrective action 
procedures within 1 hour or to

[[Page 355]]

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.

[62 FR 52407, Oct. 7, 1997, as amended at 71 FR 20458, Apr. 20, 2006]



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.
    (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

[[Page 356]]

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 Sec. Sec. 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 Sec. Sec. 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;
    (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 
Sec. Sec. 63.843, 63.844, and 63.846; and
    (9) One-time notification of startup of an existing potline or 
potroom group, anode bake furnace, or paste production plant that was 
shut down for a long period and subsequently restarted. The owner or 
operator must provide written notice to the Administrator at least 30 
days before the startup.
    (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 (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 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 
standards. 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

[[Page 357]]

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 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

[[Page 358]]

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.

[62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66285, Nov. 2, 2005; 71 
FR 20458, Apr. 20, 2006]



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  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this regulation. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.840, 63.843 (with the exception of 63.843(b)(3)), 63.844, 63.845(a) 
introductory text, (a)(1), (b) through (e), (h), 63.846(a) through (c), 
and 63.847(a)(1) and (4).
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37354, June 23, 2003]



Sec. Sec. 63.854-63.859  [Reserved]

[[Page 359]]



 Sec. Table 1 to Subpart LL of Part 63--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
--------------------------------------------------------------------------------------------------------------------------------------------------------



 Sec. Table 2 to Subpart LL of Part 63--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.........................................................          5.0          4.7          4.5          4.4          4.3          4.2          4.1
--------------------------------------------------------------------------------------------------------------------------------------------------------


[62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66285, Nov. 2, 2005]



  Sec. Table 3 to Subpart LL of Part 63--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
------------------------------------------------------------------------



   Sec. Appendix A to Subpart LL of Part 63--Applicability of General 
                               Provisions

                                           [40 CFR part 63, subpart A]
----------------------------------------------------------------------------------------------------------------
     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.
63.7(a)(2)(ii) and (iii)............  Performance testing      No......................  Subpart LL specifies
                                       requirements.                                      performance test
                                                                                          dates.
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(b)(1)-(5)......................  Initial notifications..  Yes, except as noted in   Sec.  63.850(a)(9)
                                                                ``comment'' column.       includes requirement
                                                                                          for startup of an
                                                                                          existing affected
                                                                                          source that has been
                                                                                          shut down.
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.

[[Page 360]]

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


[62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66285, Nov. 2, 2005]



Subpart MM_National Emission Standards for Hazardous Air Pollutants for 
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-
                      Alone Semichemical Pulp Mills

    Source: 66 FR 3193, Jan. 12, 2001, unless otherwise noted.



Sec. 63.860  Applicability and designation of affected source.

    (a) The requirements of this subpart apply to the owner or operator 
of each kraft, soda, sulfite, or stand-alone semichemical pulp mill that 
is a major source of hazardous air pollutants (HAP) emissions as defined 
in Sec. 63.2.
    (b) Affected sources. The requirements of this subpart apply to each 
new or existing affected source listed in paragraphs (b)(1) through (7) 
of this section:
    (1) Each existing chemical recovery system (as defined in Sec. 
63.861) located at a kraft or soda pulp mill.
    (2) Each new nondirect contact evaporator (NDCE) recovery furnace 
and associated smelt dissolving tank(s) located at a kraft or soda pulp 
mill.
    (3) Each new direct contact evaporator (DCE) recovery furnace system 
(as defined in Sec. 63.861) and associated smelt dissolving tank(s) 
located at a kraft or soda pulp mill.
    (4) Each new lime kiln located at a kraft or soda pulp mill.
    (5) Each new or existing sulfite combustion unit located at a 
sulfite pulp mill, except such existing units at Weyerhaeuser Paper 
Company's Cosmopolis, Washington facility (Emission Unit no. AP-10).
    (6) Each new or existing semichemical combustion unit located at a 
stand-alone semichemical pulp mill.
    (7) The requirements of the alternative standard in Sec. 63.862(d) 
apply to the hog fuel dryer at Weyerhaeuser Paper Company's Cosmopolis, 
Washington facility (Emission Unit no. HD-14).
    (c) The requirements of the General Provisions in subpart A of this 
part that apply to the owner or operator subject to the requirements of 
this subpart are identified in Table 1 to this subpart.

[66 FR 3193, Jan. 12, 2001, as amended at 68 FR 7713, Feb. 18, 2003]



Sec. 63.861  Definitions.

    All terms used in this subpart are defined in the Clean Air Act, in 
subpart A of this part, or in this section. For the purposes of this 
subpart, if the same term is defined in subpart A or any other subpart 
of this part and in this section, it must have the meaning given in this 
section.
    Bag leak detection system means an instrument that is capable of 
monitoring PM loadings in the exhaust of a fabric filter 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, light transmittance, or other principle to monitor relative 
PM loadings.
    Black liquor means spent cooking liquor that has been separated from 
the pulp produced by the kraft, soda, or semichemical pulping process.
    Black liquor gasification means the thermochemical conversion of 
black

[[Page 361]]

liquor into a combustible gaseous product.
    Black liquor oxidation (BLO) system means the vessels used to 
oxidize the black liquor, with air or oxygen, and the associated storage 
tank(s).
    Black liquor solids (BLS) means the dry weight of the solids in the 
black liquor that enters the recovery furnace or semichemical combustion 
unit.
    Black liquor solids firing rate means the rate at which black liquor 
solids are fed to the recovery furnace or the semichemical combustion 
unit.
    Chemical recovery combustion source means any source in the chemical 
recovery area of a kraft, soda, sulfite or stand-alone semichemical pulp 
mill that is an NDCE recovery furnace, a DCE recovery furnace system, a 
smelt dissolving tank, a lime kiln, a sulfite combustion unit, or a 
semichemical combustion unit.
    Chemical recovery system means all existing DCE and NDCE recovery 
furnaces, smelt dissolving tanks, and lime kilns at a kraft or soda pulp 
mill. Each existing recovery furnace, smelt dissolving tank, or lime 
kiln is considered a process unit within a chemical recovery system.
    Direct contact evaporator (DCE) recovery furnace means a kraft or 
soda recovery furnace equipped with a direct contact evaporator that 
concentrates strong black liquor by direct contact between the hot 
recovery furnace exhaust gases and the strong black liquor.
    Direct contact evaporator (DCE) recovery furnace system means a 
direct contact evaporator recovery furnace and any black liquor 
oxidation system, if present, at the pulp mill.
    Dry electrostatic precipitator (ESP) system means an electrostatic 
precipitator with a dry bottom (i.e., no black liquor, water, or other 
fluid is used in the ESP bottom) and a dry particulate matter return 
system (i.e., no black liquor, water, or other fluid is used to 
transport the collected PM to the mix tank).
    Fabric filter means an air pollution control device used to capture 
PM by filtering a gas stream through filter media; also known as a 
baghouse.
    Hazardous air pollutants (HAP) metals means the sum of all emissions 
of antimony, arsenic, beryllium, cadmium, chromium, cobalt, lead, 
manganese, mercury, nickel, and selenium as measured by EPA Method 29 
(40 CFR part 60, appendix A) and with all nondetect data treated as one-
half of the method detection limit.
    Hog fuel dryer means the equipment that combusts fine particles of 
wood waste (hog fuel) in a fluidized bed and directs the heated exhaust 
stream to a rotary dryer containing wet hog fuel to be dried prior to 
combustion in the hog fuel boiler at Weyerhaeuser Paper Company's 
Cosmopolis, Washington facility. The hog fuel dryer at Weyerhaeuser 
Paper Company's Cosmopolis, Washington facility is Emission Unit no. HD-
14.
    Kraft pulp mill means any stationary source that produces pulp from 
wood by cooking (digesting) wood chips in a solution of sodium hydroxide 
and sodium sulfide. The recovery process used to regenerate cooking 
chemicals is also considered part of the kraft pulp mill.
    Kraft recovery furnace means a recovery furnace that is used to burn 
black liquor produced by the kraft pulping process, as well as any 
recovery furnace that burns black liquor produced from both the kraft 
and semichemical pulping processes, and includes the direct contact 
evaporator, if applicable. Includes black liquor gasification.
    Lime kiln means the combustion unit (e.g., rotary lime kiln or 
fluidized-bed calciner) used at a kraft or soda pulp mill to calcine 
lime mud, which consists primarily of calcium carbonate, into quicklime, 
which is calcium oxide (CaO).
    Lime production rate means the rate at which dry lime, measured as 
CaO, is produced in the lime kiln.
    Method detection limit means the minimum concentration of an analyte 
that can be determined with 99 percent confidence that the true value is 
greater than zero.
    Modification means, for the purposes of Sec. 
63.862(a)(1)(ii)(E)(1), any physical change (excluding any routine part 
replacement or maintenance) or operational change (excluding any 
operational change that occurs during a start-up, shutdown, or 
malfunction) that is made to the air pollution control device that could 
result in an increase in PM emissions.

[[Page 362]]

    Nondetect data means, for the purposes of this subpart, any value 
that is below the method detection limit.
    Nondirect contact evaporator (NDCE) recovery furnace means a kraft 
or soda recovery furnace that burns black liquor that has been 
concentrated by indirect contact with steam.
    Particulate matter (PM) means total particulate matter as measured 
by EPA Method 5, EPA Method 17 (Sec. 63.865(b)(1)), or EPA Method 29 
(40 CFR part 60, appendix A).
    Process unit means an existing DCE or NDCE recovery furnace, smelt 
dissolving tank, or lime kiln in a chemical recovery system at a kraft 
or soda mill.
    Recovery furnace means an enclosed combustion device where 
concentrated black liquor produced by the kraft or soda pulping process 
is burned to recover pulping chemicals and produce steam. Includes black 
liquor gasification.
    Regenerative thermal oxidizer (RTO) means a thermal oxidizer that 
transfers heat from the exhaust gas stream to the inlet gas stream by 
passing the exhaust stream through a bed of ceramic stoneware or other 
heat-absorbing medium before releasing it to the atmosphere, then 
reversing the gas flow so the inlet gas stream passes through the heated 
bed, raising the temperature of the inlet stream close to or at its 
ignition temperature.
    Semichemical combustion unit means any equipment used to combust or 
pyrolyze black liquor at stand-alone semichemical pulp mills for the 
purpose of chemical recovery. Includes black liquor gasification.
    Similar process units means all existing DCE and NDCE recovery 
furnaces, smelt dissolving tanks, or lime kilns at a kraft or soda pulp 
mill.
    Smelt dissolving tanks (SDT) means vessels used for dissolving the 
smelt collected from a kraft or soda recovery furnace.
    Soda pulp mill means any stationary source that produces pulp from 
wood by cooking (digesting) wood chips in a sodium hydroxide solution. 
The recovery process used to regenerate cooking chemicals is also 
considered part of the soda pulp mill.
    Soda recovery furnace means a recovery furnace used to burn black 
liquor produced by the soda pulping process and includes the direct 
contact evaporator, if applicable. Includes black liquor gasification.
    Stand-alone semichemical pulp mill means any stationary source that 
produces pulp from wood by partially digesting wood chips in a chemical 
solution followed by mechanical defibrating (grinding), and has an 
onsite chemical recovery process that is not integrated with a kraft 
pulp mill.
    Startup means, for the chemical recovery system employing black 
liquor gasification at Georgia-Pacific's facility in Big Island, 
Virginia only, the end of the gasification system commissioning phase. 
Commissioning is that period of time in which each part of the new 
gasification system will be checked and operated on its own to make sure 
it is installed and functions properly. Commissioning will conclude with 
the successful completion of the gasification technology supplier's 
performance warranty demonstration, which proves the technology and 
equipment are performing to warranted levels and the system is ready to 
be placed in active service. For all other affected sources under this 
subpart, startup has the meaning given in Sec. 63.2.
    Sulfite combustion unit means a combustion device, such as a 
recovery furnace or fluidized-bed reactor, where spent liquor from the 
sulfite pulping process (i.e., red liquor) is burned to recover pulping 
chemicals.
    Sulfite pulp mill means any stationary source that produces pulp 
from wood by cooking (digesting) wood chips in a solution of sulfurous 
acid and bisulfite ions. The recovery process used to regenerate cooking 
chemicals is also considered part of the sulfite pulp mill.
    Total hydrocarbons (THC) means the sum of organic compounds measured 
as carbon using EPA Method 25A (40 CFR part 60, appendix A).

[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 68 
FR 7713, Feb. 18, 2003]



Sec. 63.862  Standards.

    (a) Standards for HAP metals: existing sources. (1) Each owner or 
operator of an existing kraft or soda pulp mill

[[Page 363]]

must comply with the requirements of either paragraph (a)(1)(i) or (ii) 
of this section.
    (i) Each owner or operator of a kraft or soda pulp mill must comply 
with the PM emissions limits in paragraphs (a)(1)(i)(A) through (C) of 
this section.
    (A) The owner or operator of each existing kraft or soda recovery 
furnace must ensure that the concentration of PM in the exhaust gases 
discharged to the atmosphere is less than or equal to 0.10 gram per dry 
standard cubic meter (g/dscm) (0.044 grain per dry standard cubic foot 
(gr/dscf)) corrected to 8 percent oxygen.
    (B) The owner or operator of each existing kraft or soda smelt 
dissolving tank must ensure that the concentration of PM in the exhaust 
gases discharged to the atmosphere is less than or equal to 0.10 
kilogram per megagram (kg/Mg) (0.20 pound per ton (lb/ton)) of black 
liquor solids fired.
    (C) The owner or operator of each existing kraft or soda lime kiln 
must ensure that the concentration of PM in the exhaust gases discharged 
to the atmosphere is less than or equal to 0.15 g/dscm (0.064 gr/dscf) 
corrected to 10 percent oxygen.
    (ii) As an alternative to meeting the requirements of Sec. 
63.862(a)(1)(i), each owner or operator of a kraft or soda pulp mill may 
establish PM emissions limits for each existing kraft or soda recovery 
furnace, smelt dissolving tank, and lime kiln that operates 6,300 hours 
per year or more by:
    (A) Establishing an overall PM emission limit for each existing 
process unit in the chemical recovery system at the kraft or soda pulp 
mill using the methods in Sec. 63.865(a)(1) and (2).
    (B) The emissions limits for each kraft recovery furnace, smelt 
dissolving tank, and lime kiln that are used to establish the overall PM 
limit in paragraph (a)(1)(ii)(A) of this section must not be less 
stringent than the emissions limitations required by Sec. 60.282 of 
part 60 of this chapter for any kraft recovery furnace, smelt dissolving 
tank, or lime kiln that is subject to the requirements of Sec. 60.282.
    (C) Each owner or operator of an existing kraft or soda recovery 
furnace, smelt dissolving tank, or lime kiln must ensure that the PM 
emissions discharged to the atmosphere from each of these sources are 
less than or equal to the applicable PM emissions limits, established 
using the methods in Sec. 63.865(a)(1), that are used to establish the 
overall PM emissions limits in paragraph (a)(1)(ii)(A) of this section.
    (D) Each owner or operator of an existing kraft or soda recovery 
furnace, smelt dissolving tank, or lime kiln must reestablish the 
emissions limits determined in paragraph (a)(1)(ii)(A) of this section 
if either of the actions in paragraphs (a)(1)(ii)(D)(1) and (2) of this 
section are taken:
    (1) The air pollution control system for any existing kraft or soda 
recovery furnace, smelt dissolving tank, or lime kiln for which an 
emission limit was established in paragraph (a)(1)(ii)(A) of this 
section is modified (as defined in Sec. 63.861) or replaced; or
    (2) Any kraft or soda recovery furnace, smelt dissolving tank, or 
lime kiln for which an emission limit was established in paragraph 
(a)(1)(ii)(A) of this section is shut down for more than 60 consecutive 
days.
    (iii) Each owner or operator of an existing kraft or soda recovery 
furnace, smelt dissolving tank, or lime kiln that operates less than 
6,300 hours per year must comply with the applicable PM emissions limits 
for that process unit provided in paragraph (a)(1)(i) of this section.
    (2) Except as specified in paragraph (d) of this section, the owner 
or operator of each existing sulfite combustion unit must ensure that 
the concentration of PM in the exhaust gases discharged to the 
atmosphere is less than or equal to 0.092 g/dscm (0.040 gr/dscf) 
corrected to 8 percent oxygen.
    (b) Standards for HAP metals: new sources. (1) The owner or operator 
of any new kraft or soda recovery furnace must ensure that the 
concentration of PM in the exhaust gases discharged to the atmosphere is 
less than or equal to 0.034 g/dscm (0.015 gr/dscf) corrected to 8 
percent oxygen.
    (2) The owner or operator of any new kraft or soda smelt dissolving 
tank must ensure that the concentration of PM in the exhaust gases 
discharged to the atmosphere is less than or equal to 0.06 kg/Mg (0.12 
lb/ton) of black liquor solids fired.

[[Page 364]]

    (3) The owner or operator of any new kraft or soda lime kiln must 
ensure that the concentration of PM in the exhaust gases discharged to 
the atmosphere is less than or equal to 0.023 g/dscm (0.010 gr/dscf) 
corrected to 10 percent oxygen.
    (4) The owner or operator of any new sulfite combustion unit must 
ensure that the concentration of PM in the exhaust gases discharged to 
the atmosphere is less than or equal to 0.046 g/dscm (O.020 gr/dscf) 
corrected to 8 percent oxygen.
    (c) Standards for gaseous organic HAP. (1) The owner or operator of 
any new recovery furnace at a kraft or soda pulp mill must ensure that 
the concentration or gaseous organic HAP, as meauared by methanol, 
discharged to the atmosphere is no greater than 0.012 kg/Mg (0.025 lb/
ton) of black liquor solids fired.
    (2) The owner or operator of each existing or new semichemical 
combustion unit must ensure that:
    (i) The concentration of gaseous organic HAP, as measured by total 
hydrocarbons reported as carbon, discharged to the atmosphere is less 
than or equal to 1.49 kg/Mg (2.97 lb/ton) of black liquor solids fired; 
or
    (ii) The gaseous organic HAP emissions, as measured by total 
hydrocarbons reported as carbon, are reduced by at least 90 percent 
prior to discharge of the gases to the atmosphere.
    (d) Alternative standard. As an alternative to meeting the 
requirements of paragraph (a)(2) of this section, the owner or operator 
of the existing hog fuel dryer at Weyerhaeuser Paper Company's 
Cosmopolis, Washington facility (Emission Unit no. HD-14) must ensure 
that the mass of PM in the exhaust gases discharged to the atmosphere 
from the hog fuel dryer is less than or equal to 4.535 kilograms per 
hour (kg/hr) (10.0 pounds per hour (lb/hr)).

[66 FR 3193, Jan. 12, 2001, as amended at 68 FR 7713, Feb. 18, 2003; 68 
FR 67954, Dec. 5, 2003]



Sec. 63.863  Compliance dates.

    (a) The owner or operator of an existing affected source or process 
unit must comply with the requirements in this subpart no later than 
March 13, 2004.
    (b) The owner or operator of a new affected source that has an 
initial startup date after March 13, 2001 must comply with the 
requirements in this subpart immediately upon startup of the affected 
source, except as specified in Sec. 63.6(b).
    (c) The two existing semichemical combustion units at Georgia-
Pacific Corporation's Big Island, VA facility must comply with the 
requirements of this subpart no later than March 13, 2004, except as 
provided in paragraphs (c)(1) and (c)(2) of this section.
    (1) If Georgia-Pacific Corporation constructs a new black liquor 
gasification system at Big Island, VA, determines that its attempt to 
start up the new system has been a failure and, therefore, must 
construct another type of chemical recovery unit to replace the two 
existing semichemical combustion units at Big Island, then the two 
existing semichemical combustion units must comply with the requirements 
of this subpart by the earliest of the following dates: three years 
after Georgia-Pacific declares the gasification system a failure, upon 
startup of the new replacement unit(s), or March 1, 2008.
    (2) After March 13, 2004 and if Georgia-Pacific Corporation 
constructs and successfully starts up a new black liquor gasification 
system, the provisions of this subpart will not apply to the two 
existing semichemical combustion units at Georgia-Pacific's facility in 
Big Island, VA for up to 1500 hours, while Georgia-Pacific conducts 
trials of the new gasification system on black liquor from a Kraft pulp 
mill.

[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 66 
FR 37593, July 19, 2001; 68 FR 46108, Aug. 5, 2003]



Sec. 63.864  Monitoring requirements.

    (a)-(c) [Reserved]
    (d) Continuous opacity monitoring system (COMS). The owner or 
operator of each affected kraft or soda recovery furnace or lime kiln 
equipped with an ESP must install, calibrate, maintain, and operate a 
COMS according to the provisions in Sec. Sec. 63.6(h) and 63.8 and 
paragraphs (d)(1) through (4) of this section.
    (1)-(2) [Reserved]

[[Page 365]]

    (3) As specified in Sec. 63.8(c)(4)(i), each COMS must 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.
    (4) The COMS data must be reduced as specified in Sec. 63.8(g)(2).
    (e) Continuous parameter monitoring system (CPMS). For each CPMS 
required in this section, the owner or operator of each affected source 
or process unit must meet the requirements in paragraphs (e)(1) through 
(14) of this section.
    (1)-(9) [Reserved]
    (10) The owner or operator of each affected kraft or soda recovery 
furnace, kraft or soda lime kiln, sulfite combustion unit, or kraft or 
soda smelt dissolving tank equipped with a wet scrubber must install, 
calibrate, maintain, and operate a CPMS that can be used to determine 
and record the pressure drop across the scrubber and the scrubbing 
liquid flow rate at least once every successive 15-minute period using 
the procedures in Sec. 63.8(c), as well as the procedures in paragraphs 
(e)(10)(i) and (ii) of this section:
    (i) The monitoring device used for the continuous measurement of the 
pressure drop of the gas stream across the scrubber must be certified by 
the manufacturer to be accurate to within a gage pressure of 500 pascals (2 inches of water 
gage pressure); and
    (ii) The monitoring device used for continuous measurement of the 
scrubbing liquid flow rate must be certified by the manufacturer to be 
accurate within 5 percent of the design scrubbing 
liquid flow rate.
    (11) The owner or operator of each affected semichemical combustion 
unit equipped with an RTO must install, calibrate, maintain, and operate 
a CPMS that can be used to determine and record the operating 
temperature of the RTO at least once every successive 15-minute period 
using the procedures in Sec. 63.8(c). The monitor must compute and 
record the operating temperature at the point of incineration of 
effluent gases that are emitted using a temperature monitor accurate to 
within 1 percent of the temperature being 
measured.
    (12) The owner or operator of the affected hog fuel dryer at 
Weyerhaeuser Paper Company's Cosmopolis, Washington facility (Emission 
Unit no. HD-14) must meet the requirements in paragraphs (e)(12)(i) 
through (xi) of this section for each bag leak detection system.
    (i) The owner or operator must install, calibrate, maintain, and 
operate each triboelectric bag leak detection system according to the 
``Fabric Filter Bag Leak Detection Guidance,'' (EPA-454/R-98-015, 
September 1997). This document is available from the U.S. Environmental 
Protection Agency (U.S. EPA); Office of Air Quality Planning and 
Standards; Emissions, Monitoring and Analysis Division; Emission 
Measurement Center, MD-D205-02, Research Triangle Park, NC 27711. This 
document is also available on the Technology Transfer Network under 
Emission Measurement Center Continuous Emission Monitoring. The owner or 
operator must install, calibrate, maintain, and operate other types of 
bag leak detection systems in a manner consistent with the 
manufacturer's written specifications and recommendations.
    (ii) 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.
    (iii) The bag leak detection system sensor must provide an output of 
relative PM loadings.
    (iv) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (v) The bag leak detection system must be equipped with an audible 
alarm system that will sound automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm must be located 
where it is easily heard by plant operating personnel.
    (vi) For positive pressure fabric filter systems, a bag leak 
detector must be installed in each baghouse compartment or cell.
    (vii) For negative pressure or induced air fabric filters, the bag 
leak detector

[[Page 366]]

must be installed downstream of the fabric filter.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (ix) The baseline output must be established by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time according to section 5.0 of the ``Fabric 
Filter Bag Leak Detection Guidance.''
    (x) Following initial adjustment of the system, the sensitivity or 
range, averaging period, alarm set points, or alarm delay time may not 
be adjusted except as detailed in the site-specific monitoring plan. In 
no case may 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 fabric filter inspection which 
demonstrates that the fabric filter is in good operating condition. 
Record each adjustment.
    (xi) The owner or operator must record the results of each 
inspection, calibration, and validation check.
    (13) The owner or operator of each affected source or process unit 
that uses an ESP, wet scrubber, RTO, or fabric filter may monitor 
alternative control device operating parameters subject to prior written 
approval by the Administrator.
    (14) The owner or operator of each affected source or process unit 
that uses an air pollution control system other than an ESP, wet 
scrubber, RTO, or fabric filter must provide to the Administrator an 
alternative monitoring request that includes the site-specific 
monitoring plan described in paragraph (a) of this section, a 
description of the control device, test results verifying the 
performance of the control device, the appropriate operating parameters 
that will be monitored, and the frequency of measuring and recording to 
establish continuous compliance with the standards. The alternative 
monitoring request is subject to the Administrator's approval. The owner 
or operator of the affected source or process unit must install, 
calibrate, operate, and maintain the monitor(s) in accordance with the 
alternative monitoring request approved by the Administrator. The owner 
or operator must include in the information submitted to the 
Administrator proposed performance specifications and quality assurance 
procedures for the monitors. The Administrator may request further 
information and will approve acceptable test methods and procedures. The 
owner or operator must monitor the parameters as approved by the 
Administrator using the methods and procedures in the alternative 
monitoring request.
    (f) [Reserved]
    (g) The owner or operator of each affected source or process unit 
complying with the gaseous organic HAP standard of Sec. 63.862(c)(1) 
through the use of an NDCE recovery furnace equipped with a dry ESP 
system is not required to conduct any continuous monitoring to 
demonstrate compliance with the gaseous organic HAP standard.
    (h)-(i) [Reserved]
    (j) Determination of operating ranges. (1) During the initial 
performance test required in Sec. 63.865, the owner or operator of any 
affected source or process unit must establish operating ranges for the 
monitoring parameters in paragraphs (e)(10) through (14) of this 
section, as appropriate; or
    (2) The owner or operator may base operating ranges on values 
recorded during previous performance tests or conduct additional 
performance tests for the specific purpose of establishing operating 
ranges, provided that test data used to establish the operating ranges 
are or have been obtained using the test methods required in this 
subpart. The owner or operator of the affected source or process unit 
must certify that all control techniques and processes have not been 
modified subsequent to the testing upon which the data used to establish 
the operating parameter ranges were obtained.
    (3) The owner or operator of an affected source or process unit may 
establish expanded or replacement operating ranges for the monitoring 
parameter values listed in paragraphs (e)(10) through (14) of this 
section and established in paragraph (j)(1) or (2) of this section 
during subsequent performance tests using the test methods in Sec. 
63.865.

[[Page 367]]

    (4) The owner or operator of the affected source or process unit 
must continuously monitor each parameter and determine the arithmetic 
average value of each parameter during each performance test. Multiple 
performance tests may be conducted to establish a range of parameter 
values.
    (5)-(6) [Reserved]
    (k) On-going compliance provisions. (1) Following the compliance 
date, owners or operators of all affected sources or process units are 
required to implement corrective action if the monitoring exceedances in 
paragraphs (k)(1)(i) through (vi) of this section occur:
    (i) For a new or existing kraft or soda recovery furnace or lime 
kiln equipped with an ESP, when the average of ten consecutive 6-minute 
averages result in a measurement greater than 20 percent opacity;
    (ii) For a new or existing kraft or soda recovery furnace, kraft or 
soda smelt dissolving tank, kraft or soda lime kiln, or sulfite 
combustion unit equipped with a wet scrubber, when any 3-hour average 
parameter value is outside the range of values established in paragraph 
(j) of this section.
    (iii) For a new or existing semichemical combustion unit equipped 
with an RTO, when any 1-hour average temperature falls below the 
temperature established in paragraph (j) of this section;
    (iv) For the hog fuel dryer at Weyerhaeuser Paper Company's 
Cosmopolis, Washington facility (Emission Unit no. HD-14), when the bag 
leak detection system alarm sounds.
    (v) For an affected source or process unit equipped with an ESP, wet 
scrubber, RTO, or fabric filter and monitoring alternative operating 
parameters established in paragraph (e)(13) of this section, when any 3-
hour average value is outside the range of parameter values established 
in paragraph (j) of this section; and
    (vi) For an affected source or process unit equipped with an 
alternative air pollution control system and monitoring operating 
parameters approved by the Administrator as established in paragraph 
(e)(14) of this section, when any 3-hour average value is outside the 
range of parameter values established in paragraph (j) of this section.
    (2) Following the compliance date, owners or operators of all 
affected sources or process units are in violation of the standards of 
Sec. 63.862 if the monitoring exceedances in paragraphs (k)(2)(i) 
through (vii) of this section occur:
    (i) For an existing kraft or soda recovery furnace equipped with an 
ESP, when opacity is greater than 35 percent for 6 percent or more of 
the operating time within any quarterly period;
    (ii) For a new kraft or soda recovery furnace or a new or existing 
lime kiln equipped with an ESP, when opacity is greater than 20 percent 
for 6 percent or more of the operating time within any quarterly period;
    (iii) For a new or existing kraft or soda recovery furnace, kraft or 
soda smelt dissolving tank, kraft or soda lime kiln, or sulfite 
combustion unit equipped with a wet scrubber, when six or more 3-hour 
average parameter values within any 6-month reporting period are outside 
the range of values established in paragraph (j) of this section;
    (iv) For a new or existing semichemical combustion unit equipped 
with an RTO, when any 3-hour average temperature falls below the 
temperature established in paragraph (j) of this section;
    (v) For the hog fuel dryer at Weyerhaeuser Paper Company's 
Cosmopolis, Washington facility (Emission Unit no. HD-14), when 
corrective action is not initiated within 1 hour of a bag leak detection 
system alarm and the alarm is engaged for more than 5 percent of the 
total operating time in a 6-month block reporting period. In calculating 
the operating time fraction, if inspection of the fabric filter 
demonstrates that no corrective action is required, no alarm time is 
counted; if corrective action is required, each alarm is counted as a 
minimum of 1 hour; if corrective action is not initiated within 1 hour, 
the alarm time is counted as the actual amount of time taken to initiate 
corrective action.

[[Page 368]]

    (vi) For an affected source or process unit equipped with an ESP, 
wet scrubber, RTO, or fabric filter and monitoring alternative operating 
parameters established in paragraph (e)(13) of this section, when six or 
more 3-hour average values within any 6-month reporting period are 
outside the range of parameter values established in paragraph (j) of 
this section; and
    (vii) For an affected source or process unit equipped with an 
alternative air pollution control system and monitoring operating 
parameters approved by the Administrator as established in paragraph 
(e)(14) of this section, when six or more 3-hour average values within 
any 6-month reporting period are outside the range of parameter values 
established in paragraph (j) of this section.
    (3) For purposes of determining the number of nonopacity monitoring 
exceedances, no more than one exceedance will be attributed in any given 
24-hour period.

[68 FR 7713, Feb. 18, 2003, as amended at 68 FR 42605, July 18, 2003; 68 
FR 67955, Dec. 5, 2003; 71 FR 20458, Apr. 20, 2006]



Sec. 63.865  Performance test requirements and test methods.

    The owner or operator of each affected source or process unit 
subject to the requirements of this subpart is required to conduct an 
initial performance test using the test methods and procedures listed in 
Sec. 63.7 and paragraph (b) of this section, except as provided in 
paragraph (c)(1) of this section.
    (a) The owner or operator of a process unit seeking to comply with a 
PM emission limit under Sec. 63.862(a)(1)(ii)(A) must use the 
procedures in paragraphs (a)(1) and (2) of this section:
    (1) Determine the overall PM emission limit for the chemical 
recovery system at the mill using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR05DE03.004

Where:

ELPM = overall PM emission limit for all existing process 
units in the chemical recovery system at the kraft or soda pulp mill, 
kg/Mg (lb/ton) of black liquor solids fired.
Cref, RF = reference concentration of 0.10 g/dscm (0.044 gr/
dscf) corrected to 8 percent oxygen for existing kraft or soda recovery 
furnaces.
QRFtot = sum of the average volumetric gas flow rates 
measured during the performance test and corrected to 8 percent oxygen 
for all existing recovery furnaces in the chemical recovery system at 
the kraft or soda pulp mill, dry standard cubic meters per minute (dscm/
min) (dry standard cubic feet per minute (dscf/min)).
Cref,LK = reference concentration of 0.15 g/dscm (0.064 gr/
dscf) corrected to 10 percent oxygen for existing kraft or soda lime 
kilns.
QLKtot = sum of the average volumetric gas flow rates 
measured during the performance test and corrected to 10 percent oxygen 
for all existing lime kilns in the chemical recovery system at the kraft 
or soda pulp mill, dscm/min (dscf/min).
F1 = conversion factor, 1.44 minutes[middot]kilogram/day[middot]gram 
(min[middot]kg/d[middot]g) (0.206 minutes[middot]pound/day[middot]grain 
(min[middot]b/d[middot]gr)).
BLStot = sum of the average black liquor solids firing rates 
of all existing recovery furnaces in the chemical recovery system at the 
kraft or soda pulp mill measured during the performance test, megagrams 
per day (Mg/d) (tons per day (ton/d)) of black liquor solids fired.
ER1ref, SDT = reference emission rate of 0.10 kg/Mg (0.20 lb/
ton) of black liquor solids fired for existing kraft or soda smelt 
dissolving tanks.

    (2) Establish an emission limit for each kraft or soda recovery 
furnace, smelt dissolving tank, and lime kiln; and, using these 
emissions limits, determine the overall PM emission rate for the 
chemical recovery system at the mill using the procedures in paragraphs 
(a)(2)(i) through (v) of this section, such that the overall PM emission 
rate calculated in paragraph (a)(2)(v) of this section is less than or

[[Page 369]]

equal to the overall PM emission limit determined in paragraph (a)(1) of 
this section, as appropriate.
    (i) The PM emission rate from each affected recovery furnace must be 
determined using Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR12JA01.002

Where:

ERRF=emission rate from each recovery furnace, kg/Mg (lb/ton) 
of black liquor solids.
F1=conversion factor, 1.44 min[middot]kg/d[middot]g (0.206 min[middot]/
d[middot]gr).
CEL, RF=PM emission limit proposed by owner or operator for 
the recovery furnace, g/dscm (gr/dscf) corrected to 8 percent oxygen.
QRF=average volumetric gas flow rate from the recovery 
furnace measured during the performance test and corrected to 8 percent 
oxygen, dscm/min (dscf/min).
BLS=average black liquor solids firing rate of the recovery furnace 
measured during the performance test, Mg/d (ton/d) of black liquor 
solids.

    (ii) The PM emission rate from each affected smelt dissolving tank 
must be determined using Equation 3 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR12JA01.003

Where:

ERSDT=emission rate from each SDT, kg/Mg (lb/ton) of black 
liquor solids fired.
F1=conversion factor, 1.44 min[middot]kg/dg (0.206 
min[middot]lb/d[middot]gr).
CEL, SDT=PM emission limit proposed by owner or operator for 
the smelt dissolving tank, g/dscm (gr/dscf).
QSDT=average volumetric gas flow rate from the smelt 
dissolving tank measured during the performance test, dscm/min (dscf/
min).
BLS=average black liquor solids firing rate of the associated recovery 
furnace measured during the performance test, Mg/d (ton/d) of black 
liquorsolids fired. If more than one SDT is used to dissolve the smelt 
from a given recovery furnace, then the black liquor solids firing rate 
of the furnace must be proportioned according to the size of the SDT.

    (iii) The PM emission rate from each affected lime kiln must be 
determined using Equation 4 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR12JA01.004

Where:

ERLK=emission rate from each lime kiln, kg/Mg (lb/ton) of 
black liquor solids.
F1=conversion factor, 1.44 min[middot]kg/d[middot]g (0.206 
min[middot]lb/d[middot]gr).
CEL,LK=PM emission limit proposed by owner or operator for 
the lime kiln, g/dscm (gr/dscf) corrected to 10 percent oxygen.
QLK=average volumetric gas flow rate from the lime kiln 
measured during the performance test and corrected to 10 percent oxygen, 
dscm/min (dscf/min).
CaOLK=lime production rate of the lime kiln, measured as CaO 
during the performance test, Mg/d (ton/d) of CaO.
CaOtot=sum of the average lime production rates for all 
existing lime kilns in the chemical recovery system at the mill measured 
as CaO during the performance test, Mg/d (ton/d).
BLStot=sum of the average black liquor solids firing rates of 
all recovery furnaces in the chemical recovery system at the mill 
measured during the performance test, Mg/d (ton/d) of black liquor 
solids.

    (iv) If more than one similar process unit is operated in the 
chemical recovery system at the kraft or soda pulp mill, Equation 5 of 
this section must be

[[Page 370]]

used to calculate the overall PM emission rate from all similar process 
units in the chemical recovery system at the mill and must be used in 
determining the overall PM emission rate for the chemical recovery 
system at the mill:
[GRAPHIC] [TIFF OMITTED] TR12JA01.005

Where:

ERPUtot=overall PM emission rate from all similar process 
units, kg/Mg (lb/ton) of black liquor solids fired.
ERPU1=PM emission rate from process unit No. 1, kg/Mg (lb/
ton) of black liquor solids fired, calculated using Equation 2, 3, or 4 
in paragraphs (a)(2)(i) through (iii) of this section.
PRPU1=black liquor solids firing rate in Mg/d (ton/d) for 
process unit No. 1, if process unit is a recovery furnace or SDT. The 
CaO production rate in Mg/d (ton/d) for process unit No. 1, if process 
unit is a lime kiln.
PRtot=total black liquor solids firing rate in Mg/d (ton/d) 
for all recovery furnaces in the chemical recovery system at the kraft 
or soda pulp mill if the similar process units are recovery furnaces or 
SDT, or the total CaO production rate in Mg/d (ton/d) for all lime kilns 
in the chemical recovery system at the mill if the similar process units 
are lime kilns.
ERPUi=PM emission rate from process unit No. i, kg/Mg (lb/
ton) of black liquor solids fired.
PRPUi=black liquor solids firing rate in Mg/d (ton/d) for 
process unit No. i, if process unit is a recovery furnace or SDT. The 
CaO production rate in Mg/d (ton/d) for process unit No. i, if process 
unit is a lime kiln.
i=number of similar process units located in the chemical recovery 
system at the kraft or soda pulp mill.

    (v) The overall PM emission rate for the chemical recovery system at 
the mill must be determined using Equation 6 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR12JA01.006

Where:

ERtot=overall PM emission rate for the chemical recovery 
system at the mill, kg/Mg (lb/ton) of black liquor solids fired.
ERRFtot=PM emission rate from all kraft or soda recovery 
furnaces, calculated using Equation 2 or 5 in paragraphs (a)(2)(i) and 
(iv) of this section, where applicable, kg/Mg (lb/ton) of black liquor 
solids fired.
ERSDTtot=PM emission rate from all smelt dissolving tanks, 
calculated using Equation 3 or 5 in paragraphs (a)(2)(ii) and (iv) of 
this section, where applicable, kg/Mg (lb/ton) of black liquor solids 
fired.
ERLKtot=PM emission rate from all lime kilns, calculated 
using Equation 4 or 5 in paragraphs (a)(2)(iii) and (iv) of this 
section, where applicable, kg/Mg (lb/ton) of black liquor solids fired.

    (vi) After the Administrator has approved the PM emissions limits 
for each kraft or soda recovery furnace, smelt dissolving tank, and lime 
kiln, the owner or operator complying with an overall PM emission limit 
established in Sec. 63.862(a)(1)(ii) must demonstrate compliance with 
the HAP metals standard by demonstrating compliance with the approved PM 
emissions limits for each affected kraft or soda recovery furnace, smelt 
dissolving tank, and lime kiln, using the test methods and procedures in 
paragraph (b) of this section.
    (b) The owner or operator seeking to determine compliance with Sec. 
63.862(a), (b), or (d) must use the procedures in paragraphs (b)(1) 
through (6) of this section.
    (1) For purposes of determining the concentration or mass of PM 
emitted from each kraft or soda recovery furnace, sulfite combustion 
unit, smelt dissolving tank, lime kiln, or the hog fuel dryer at 
Weyerhaeuser Paper Company's Cosmopolis, Washington facility (Emission 
Unit no. HD-14), Method 5 or 29 in appendix A of 40 CFR part 60 must be 
used, except that Method 17 in appendix A of 40 CFR part 60 may be used 
in lieu of Method 5 or Method 29 if a constant value of 0.009 g/dscm 
(0.004 gr/dscf) is added to the results of Method

[[Page 371]]

17, and the stack temperature is no greater than 205 [deg]C (400 
[deg]F). For Methods 5, 29, and 17, the sampling time and sample volume 
for each run must be at least 60 minutes and 0.90 dscm (31.8 dscf), and 
water must be used as the cleanup solvent instead of acetone in the 
sample recovery procedure.
    (2) For sources complying with Sec. 63.862(a) or (b), the PM 
concentration must be corrected to the appropriate oxygen concentration 
using Equation 7 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR18FE03.009

Where:

Ccorr = The measured concentration corrected for oxygen, g/
dscm (gr/dscf);
Cmeas = The measured concentration uncorrected for oxygen, g/
dscm (gr/dscf);
X = The corrected volumetric oxygen concentration (8 percent for kraft 
or soda recovery furnaces and sulfite combustion units and 10 percent 
for kraft or soda lime kilns); and
Y = The measured average volumetric oxygen concentration.

    (3) Method 3A or 3B in appendix A of 40 CFR part 60 must be used to 
determine the oxygen concentration. The voluntary consensus standard 
ANSI/ASME PTC 19.10-1981--Part 10 (incorporated by reference--see Sec. 
63.14) may be used as an alternative to using Method 3B. The gas sample 
must be taken at the same time and at the same traverse points as the 
particulate sample.
    (4) For purposes of complying with of Sec. 63.862(a)(1)(ii)(A), the 
volumetric gas flow rate must be corrected to the appropriate oxygen 
concentration using Equation 8 of this section as follows:

Qcorr=Qmeasx(21-Y)/(21-X) (Eq. 8)

Where:

Qcorr=the measured volumetric gas flow rate corrected for 
oxygen, dscm/min (dscf/min).
Qmeas=the measured volumetric gas flow rate uncorrected for 
oxygen, dscm/min (dscf/min).
Y=the measured average volumetric oxygen concentration.
X=the corrected volumetric oxygen concentration (8 percent for kraft or 
soda recovery furnaces and 10 percent for kraft or soda lime kilns).

    (5)(i) For purposes of selecting sampling port location and number 
of traverse points, Method 1 or 1A in appendix A of 40 CFR part 60 must 
be used;
    (ii) For purposes of determining stack gas velocity and volumetric 
flow rate, Method 2, 2A, 2C, 2D, 2F, or 2G in appendix A of 40 CFR part 
60 must be used;
    (iii) For purposes of conducting gas analysis, Method 3, 3A, or 3B 
in appendix A of 40 CFR part 60 must be used. The voluntary consensus 
standard ANSI/ASME PTC 19.10-1981--Part 10 (incorporated by reference--
see Sec. 63.14) may be used as an alternative to using Method 3B; and
    (iv) For purposes of determining moisture content of stack gas, 
Method 4 in appendix A of 40 CFR part 60 must be used.
    (6) Process data measured during the performance test must be used 
to determine the black liquor solids firing rate on a dry basis and the 
CaO production rate.
    (c) The owner or operator of each affected source or process unit 
complying with the gaseous organic HAP standard in Sec. 63.862(c)(1) 
must demonstrate compliance according to the provisions in paragraphs 
(c)(1) and (2) of this section.
    (1) The owner or operator complying through the use of an NDCE 
recovery furnace equipped with a dry ESP system is not required to 
conduct any performance testing to demonstrate compliance with the 
gaseous organic HAP standard.
    (2) The owner or operator complying without using an NDCE recovery 
furnace equipped with a dry ESP system must use Method 308 in appendix A 
of this part, as well as the methods listed in paragraphs (b)(5)(i) 
through (iv) of this section. The sampling time and sample volume for 
each Method 308 run must be at least 60 minutes and 0.014 dscm (0.50 
dscf), respectively.
    (i) The emission rate from any new NDCE recovery furnace must be 
determined using Equation 9 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR18FE03.010

Where:

ERNDCE = Methanol emission rate from the NDCE recovery 
furnace, kg/Mg (lb/ton) of black liquor solids fired;

[[Page 372]]

MRmeas = Measured methanol mass emission rate from the NDCE 
recovery furnace, kg/hr (lb/hr); and
BLS = Average black liquor solids firing rate of the NDCE recovery 
furnace, megagrams per hour (Mg/hr) (tons per hour (ton/hr)) determined 
using process data measured during the performance test.

    (ii) The emission rate from any new DCE recovery furnace system must 
be determined using Equation 10 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR18FE03.011

Where:

ERDCE = Methanol emission rate from each DCE recovery furnace 
system, kg/Mg (lb/ton) of black liquor solids fired;
MRmeas,RF = Average measured methanol mass emission rate from 
each DCE recovery furnace, kg/hr (lb/hr);
MRmeas,BLO = Average measured methanol mass emission rate 
from the black liquor oxidation system, kg/hr (lb/hr);
BLSRF = Average black liquor solids firing rate for each DCE 
recovery furnace, Mg/hr (ton/hr) determined using process data measured 
during the performance test; and
BLSBLO = The average mass rate of black liquor solids treated 
in the black liquor oxidation system, Mg/hr (ton/hr) determined using 
process data measured during the performance test.

    (d) The owner or operator seeking to determine compliance with the 
gaseous organic HAP standards in Sec. 63.862(c)(2) for semichemical 
combustion units must use Method 25A in appendix A of 40 CFR part 60, as 
well as the methods listed in paragraphs (b)(5)(i) through (iv) of this 
section. The sampling time for each Method 25A run must be at least 60 
minutes. The calibration gas for each Method 25A run must be propane.
    (1) The emission rate from any new or existing semichemical 
combustion unit must be determined using Equation 11 of this section as 
follows:
[GRAPHIC] [TIFF OMITTED] TR18FE03.012

Where:

ERSCCU = THC emission rate reported as carbon from each 
semichemical combustion unit, kg/Mg (lb/ton) of black liquor solids 
fired;
THCmeas = Measured THC mass emission rate reported as carbon, 
kg/hr (lb/hr); and
BLS = Average black liquor solids firing rate, Mg/hr (ton/hr); 
determined using process data measured during the performance test.

    (2) If the owner or operator of the semichemical combustion unit has 
selected the percentage reduction standards for THC, under Sec. 
63.862(c)(2)(ii), the percentage reduction in THC emissions is computed 
using Equation 12 of this section as follows, provided that Ei and Eo 
are measured simultaneously:
[GRAPHIC] [TIFF OMITTED] TR12JA01.012

Where:

%RTHC = percentage reduction of total hydrocarbons emissions 
achieved.
Ei = measured THC mass emission rate at the THC control 
device inlet, kg/hr (lb/hr).
Eo = measured THC mass emission rate at the THC control 
device outlet, kg/hr (lb/hr).

[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 37593, July 19, 2001; 68 
FR 7716, Feb. 18, 2003; 68 FR 67955, Dec. 5, 2003]

[[Page 373]]



Sec. 63.866  Recordkeeping requirements.

    (a) Startup, shutdown, and malfunction plan. The owner or operator 
must develop a written plan as described in Sec. 63.6(e)(3) that 
contains specific procedures 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 standards. In addition to the 
information required in Sec. 63.6(e), the plan must include the 
requirements in paragraphs (a)(1) and (2) of this section.
    (1) Procedures for responding to any process parameter level that is 
inconsistent with the level(s) established under Sec. 63.864(j), 
including the procedures in paragraphs (a)(1)(i) and (ii) of this 
section:
    (i) Procedures to determine and record the cause of an operating 
parameter exceedance and the time the exceedance began and ended; and
    (ii) Corrective actions to be taken in the event of an operating 
parameter exceedance, including procedures for recording the actions 
taken to correct the exceedance.
    (2) The startup, shutdown, and malfunction plan also must include 
the schedules listed in paragraphs (a)(2)(i) and (ii) of this section:
    (i) A maintenance schedule for each control technique that is 
consistent with, but not limited to, the manufacturer's instructions and 
recommendations for routine and long-term maintenance; and
    (ii) An inspection schedule for each continuous monitoring system 
required under Sec. 63.864 to ensure, at least once in each 24-hour 
period, that each continuous monitoring system is properly functioning.
    (b) The owner or operator of an affected source or process unit must 
maintain records of any occurrence when corrective action is required 
under Sec. 63.864(k)(1), and when a violation is noted under Sec. 
63.864(k)(2).
    (c) In addition to the general records required by Sec. 
63.10(b)(2), the owner or operator must maintain records of the 
information in paragraphs (c)(1) through (7) of this section:
    (1) Records of black liquor solids firing rates in units of Mg/d or 
ton/d for all recovery furnaces and semichemical combustion units;
    (2) Records of CaO production rates in units of Mg/d or ton/d for 
all lime kilns;
    (3) Records of parameter monitoring data required under Sec. 
63.864, including any period when the operating parameter levels were 
inconsistent with the levels established during the initial performance 
test, with a brief explanation of the cause of the deviation, the time 
the deviation occurred, the time corrective action was initiated and 
completed, and the corrective action taken;
    (4) Records and documentation of supporting calculations for 
compliance determinations made under Sec. Sec. 63.865(a) through (d);
    (5) Records of monitoring parameter ranges established for each 
affected source or process unit;
    (6) Records certifying that an NDCE recovery furnace equipped with a 
dry ESP system is used to comply with the gaseous organic HAP standard 
in Sec. 63.862(c)(1).
    (7) For the bag leak detection system on the hog fuel dryer fabric 
filter at Weyerhaeuser Paper Company's Cosmopolis, Washington facility 
(Emission Unit no. HD-14), records of each alarm, the time of the alarm, 
the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken.
    (d) For operation under Sec. 63.863(c)(2), Georgia-Pacific 
Corporation must keep a record of the hours of operation of the two 
existing semichemical combustion units at their Big Island, VA facility.

[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 68 
FR 7718, Feb. 18, 2003; 69 FR 25323, May 6, 2004; 71 FR 20458, Apr. 20, 
2006]



Sec. 63.867  Reporting requirements.

    (a) Notifications. (1) The owner or operator of any affected source 
or process unit must submit the applicable notifications from subpart A 
of this part, as specified in Table 1 of this subpart.
    (2) Notifications specific to Georgia-Pacific Corporation's affected 
sources in Big Island, Virginia.

[[Page 374]]

    (i) For a compliance extension under Sec. 63.863(c)(1), submit a 
notice that provides the date of Georgia-Pacific's determination that 
the black liquor gasification system is not successful and the reasons 
why the technology is not successful. The notice must be submitted 
within 15 days of Georgia-Pacific's determination, but not later than 
March 16, 2005.
    (ii) For operation under Sec. 63.863(c)(2), submit a notice 
providing: a statement that Georgia-Pacific Corporation intends to run 
the Kraft black liquor trials, the anticipated period in which the 
trials will take place, and a statement explaining why the trials could 
not be conducted prior to March 1, 2005. The notice must be submitted at 
least 30 days prior to the start of the Kraft liquor trials.
    (3) In addition to the requirements in subpart A of this part, the 
owner or operator of the hog fuel dryer at Weyerhaeuser Paper Company's 
Cosmopolis, Washington, facility (Emission Unit no. HD-14) must include 
analysis and supporting documentation demonstrating conformance with EPA 
guidance and specifications for bag leak detection systems in Sec. 
63.864(e)(12) in the Notification of Compliance Status.
    (b) Additional reporting requirements for HAP metals standards. (1) 
Any owner or operator of a group of process units in a chemical recovery 
system at a mill complying with the PM emissions limits in Sec. 
63.862(a)(1)(ii) must submit the PM emissions limits determined in Sec. 
63.865(a) for each affected kraft or soda recovery furnace, smelt 
dissolving tank, and lime kiln to the Administrator for approval. The 
emissions limits must be submitted as part of the notification of 
compliance status required under subpart A of this part.
    (2) Any owner or operator of a group of process units in a chemical 
recovery system at a mill complying with the PM emissions limits in 
Sec. 63.862(a)(1)(ii) must submit the calculations and supporting 
documentation used in Sec. 63.865(a)(1) and (2) to the Administrator as 
part of the notification of compliance status required under subpart A 
of this part.
    (3) After the Administrator has approved the emissions limits for 
any process unit, the owner or operator of a process unit must notify 
the Administrator before any of the actions in paragraphs (b)(3)(i) 
through (iv) of this section are taken:
    (i) The air pollution control system for any process unit is 
modified or replaced;
    (ii) Any kraft or soda recovery furnace, smelt dissolving tank, or 
lime kiln in a chemical recovery system at a kraft or soda pulp mill 
complying with the PM emissions limits in Sec. 63.862(a)(1)(ii) is shut 
down for more than 60 consecutive days;
    (iii) A continuous monitoring parameter or the value or range of 
values of a continuous monitoring parameter for any process unit is 
changed; or
    (iv) The black liquor solids firing rate for any kraft or soda 
recovery furnace during any 24-hour averaging period is increased by 
more than 10 percent above the level measured during the most recent 
performance test.
    (4) An owner or operator of a group of process units in a chemical 
recovery system at a mill complying with the PM emissions limits in 
Sec. 63.862(a)(1)(ii) and seeking to perform the actions in paragraph 
(b)(3)(i) or (ii) of this section must recalculate the overall PM 
emissions limit for the group of process units and resubmit the 
documentation required in paragraph (b)(2) of this section to the 
Administrator. All modified PM emissions limits are subject to approval 
by the Administrator.
    (c) Excess emissions report. The owner or operator must report 
quarterly if measured parameters meet any of the conditions specified in 
paragraph (k)(1) or (2) of Sec. 63.864. This report must contain the 
information specified in Sec. 63.10(c) of this part as well as the 
number and duration of occurrences when the source met or exceeded the 
conditions in Sec. 63.864(k)(1), and the number and duration of 
occurrences when the source met or exceeded the conditions in Sec. 
63.864(k)(2). Reporting excess emissions below the violation thresholds 
of Sec. 63.864(k) does not constitute a violation of the applicable 
standard.
    (1) When no exceedances of parameters have occurred, the owner or 
operator must submit a semiannual report

[[Page 375]]

stating that no excess emissions occurred during the reporting period.
    (2) The owner or operator of an affected source or process unit 
subject to the requirements of this subpart and subpart S of this part 
may combine excess emissions and/or summary reports for the mill.

[66 FR 3193, Jan. 12, 2001 as amended at 66 FR 16408, Mar. 26, 2001; 68 
FR 7718, Feb. 18, 2003; 68 FR 42605, July 18, 2003; 68 FR 46108, Aug. 5, 
2003; 69 FR 25323, May 6, 2004]



Sec. 63.868  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Clean Air Act, the authorities 
contained in paragraph (b) of this section must be retained by the 
Administrator and not transferred to a State.
    (b) The authorities which will not be delegated to States are listed 
in paragraphs (b)(1) through (4) of this section:
    (1) Approval of alternatives to standards in Sec. 63.862 under 
Sec. 63.6(g).
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.



Sec. Table 1 to Subpart MM of Part 63--General Provisions Applicability 
                              to Subpart MM

----------------------------------------------------------------------------------------------------------------
                                        Summary of
  General provisions reference         requirements            Applies to supbart MM            Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)......................  General applicability  Yes.............................  Additional terms
                                   of the General                                           defined in Sec.
                                   Provisions.                                              63.861; when overlap
                                                                                            between subparts A
                                                                                            and MM of this part,
                                                                                            subpart MM takes
                                                                                            precedence.
63.1(a)(2)-(14).................  General applicability  Yes.............................
                                   of the General
                                   Provisions.
63.1(b)(1)......................  Initial applicability  No..............................  Subpart MM specifies
                                   determination..                                          the applicability in
                                                                                            Sec.  63.860.
63.1(b)(2)......................  Title V operating      Yes.............................  All major affected
                                   permit--see 40 CFR                                       sources are required
                                   part 70.                                                 to obtain a title V
                                                                                            permit.
63.1(b)(3)......................  Record of the          No..............................  All affected sources
                                   applicability                                            are subject to
                                   determination.                                           subpart MM according
                                                                                            to the applicability
                                                                                            definition of
                                                                                            subpart MM.
63.1(c)(1)......................  Applicability of       Yes.............................  Subpart MM clarifies
                                   subpart A of this                                        the applicability of
                                   part after a                                             each paragraph of
                                   relevant standard                                        subpart A of this
                                   has been set.                                            part to sources
                                                                                            subject to subpart
                                                                                            MM.
63.1(c)(2)......................  Title V permit         Yes.............................  All major affected
                                   requirement.                                             sources are required
                                                                                            to obtain a title V
                                                                                            permit. There are no
                                                                                            area sources in the
                                                                                            pulp and paper mill
                                                                                            source category.
63.1(c)(3)......................  [Reserved]...........  NA..............................
63.1(c)(4)......................  Requirements for       Yes.............................
                                   existing source that
                                   obtains an extension
                                   of compliance.
63.1(c)(5)......................  Notification           Yes.............................
                                   requirements for an
                                   area source that
                                   increases HAP
                                   emissions to major
                                   source levels.
63.1(d).........................  [Reserved]...........  NA..............................
63.1(e).........................  Applicability of       Yes.............................
                                   permit program
                                   before a relevant
                                   standard has been
                                   set.
63.2............................  Definitions..........  Yes.............................  Additional terms
                                                                                            defined in Sec.
                                                                                            63.861; when overlap
                                                                                            between subparts A
                                                                                            and MM of this part
                                                                                            occurs, subpart MM
                                                                                            takes precedence.
63.3............................  Units and              Yes.............................
                                   abbreviations.

[[Page 376]]

 
63.4............................  Prohibited activities  Yes.............................
                                   and circumvention.
63.5(a).........................  Construction and       Yes.............................
                                   reconstruction--appl
                                   icability.
63.5(b)(1)......................  Upon construction,     Yes.............................
                                   relevant standards
                                   for new sources.
63.5(b)(2)......................  [Reserved]...........  NA..............................
63.5(b)(3)......................  New construction/      Yes.............................
                                   reconstruction.
63.5(b)(4)......................  Construction/          Yes.............................
                                   reconstruction
                                   notification.
63.5(b)(5)......................  Construction/          Yes.............................
                                   reconstruction
                                   compliance.
63.5(b)(6)......................  Equipment addition or  Yes.............................
                                   process change.
63.5(c).........................  [Reserved]...........  NA..............................
63.5(d).........................  Application for        Yes.............................
                                   approval of
                                   construction/
                                   reconstruction.
63.5(e).........................  Construction/          Yes.............................
                                   reconstruction
                                   approval.
63.5(f).........................  Construction/          Yes.............................
                                   reconstruction
                                   approval based on
                                   prior State
                                   preconstruction
                                   review.
63.6(a)(1)......................  Compliance with        Yes.............................
                                   standards and
                                   maintenance
                                   requirements--applic
                                   ability.
63.6(a)(2)......................  Requirements for area  Yes.............................
                                   source that
                                   increases emissions
                                   to become major.
63.6(b).........................  Compliance dates for   Yes.............................
                                   new and
                                   reconstructed
                                   sources.
63.6(c).........................  Compliance dates for   Yes, except for sources granted   Subpart MM
                                   existing sources.      extensions under 63.863(c).       specifically
                                                                                            stipulates the
                                                                                            compliance schedule
                                                                                            for existing
                                                                                            sources.
63.6(d).........................  [Reserved]...........  NA..............................
63.6(e).........................  Operation and          Yes.............................
                                   maintenance
                                   requirements.
63.6(f).........................  Compliance with        Yes.............................
                                   nonopacity emissions
                                   standards.
63.6(g).........................  Compliance with        Yes.............................
                                   alternative
                                   nonopacity emissions
                                   standards.
63.6(h).........................  Compliance with        Yes.............................  Subpart MM does not
                                   opacity and visible                                      contain any opacity
                                   emissions (VE)                                           or VE standards;
                                   standards.                                               however, Sec.
                                                                                            63.864 specifies
                                                                                            opacity monitoring
                                                                                            requirements.
63.6(i).........................  Extension of           Yes, except for sources granted
                                   compliance with        extensions under 63.863(c).
                                   emission standards.
63.6(j).........................  Exemption from         Yes.............................
                                   compliance with
                                   emissions standards.
63.7(a)(1)......................  Performance testing    Yes.............................  Sec.  63.865(c)(1)
                                   requirements--applic                                     specifies the only
                                   ability.                                                 exemption from
                                                                                            performance testing
                                                                                            allowed under
                                                                                            subpart MM.
63.7(a)(2)......................  Performance test       Yes.............................
                                   dates.
63.7(a)(3)......................  Performance test       Yes.............................
                                   requests by
                                   Administrator under
                                   CAA section 114.
63.7(b)(1)......................  Notification of        Yes.............................
                                   performance test.
63.7(b)(2)......................  Notification of delay  Yes.............................
                                   in conducting a
                                   scheduled
                                   performance test.
63.7(c).........................  Quality assurance      Yes.............................
                                   program.
63.7(d).........................  Performance testing    Yes.............................
                                   facilities.
63.7(e).........................  Conduct of             Yes.............................
                                   performance tests.
63.7(f).........................  Use of an alternative  Yes.............................
                                   test method.
63.7(g).........................  Data analysis,         Yes.............................
                                   recordkeeping, and
                                   reporting.

[[Page 377]]

 
63.7(h).........................  Waiver of performance  Yes.............................  Sec.  63.865(c)(1)
                                   tests.                                                   specifies the only
                                                                                            exemption from
                                                                                            performance testing
                                                                                            allowed under
                                                                                            subpart MM.
63.8(a).........................  Monitoring             Yes.............................  See Sec.  63.864.
                                   requirements--applic
                                   ability.
63.8(b).........................  Conduct of monitoring  Yes.............................  See Sec.  63.864.
63.8(c).........................  Operation and          Yes.............................  See Sec.  63.864.
                                   maintenance of CMS.
63.8(d).........................  Quality control        Yes.............................  See Sec.  63.864.
                                   program.
63.8(e)(1)......................  Performance            Yes.............................
                                   evaluation of CMS.
63.8(e)(2)......................  Notification of        Yes.............................
                                   performance
                                   evaluation.
63.8(e)(3)......................  Submission of site-    Yes.............................
                                   specific performance
                                   evaluation test plan.
63.8(e)(4)......................  Conduct of             Yes.............................
                                   performance
                                   evaluation and
                                   performance
                                   evaluation dates.
63.8(e)(5)......................  Reporting performance  Yes.............................
                                   evaluation results.
63.8(f).........................  Use of an alternative  Yes.............................
                                   monitoring method.
63.8(g).........................  Reduction of           Yes.............................
                                   monitoring data.
63.9(a).........................  Notification           Yes.............................
                                   requirements--applic
                                   ability and general
                                   information.
63.9(b).........................  Initial notifications  Yes.............................
63.9(c).........................  Request for extension  Yes.............................
                                   of compliance.
63.9(d).........................  Notification that      Yes.............................
                                   source subject to
                                   special compliance
                                   requirements.
63.9(e).........................  Notification of        Yes.............................
                                   performance test.
63.9(f).........................  Notification of        Yes.............................  Subpart MM does not
                                   opacity and VE                                           contain any opacity
                                   observations.                                            or VE standards;
                                                                                            however, Sec.
                                                                                            63.864 specifies
                                                                                            opacity monitoring
                                                                                            requirements.
63.9(g)(1)......................  Additional             Yes.............................
                                   notification
                                   requirements for
                                   sources with CMS.
63.9(g)(2)......................  Notification of        Yes.............................  Subpart MM does not
                                   compliance with                                          contain any opacity
                                   opacity emissions                                        or VE emissions
                                   standard.                                                standards; however,
                                                                                            Sec.  63.864
                                                                                            specifies opacity
                                                                                            monitoring
                                                                                            requirements.
63.9(g)(3)......................  Notification that      Yes.............................
                                   criterion to
                                   continue use of
                                   alternative to
                                   relative accuracy
                                   testing has been
                                   exceeded.
63.9(h).........................  Notification of        Yes.............................
                                   compliance status.
63.9(i).........................  Adjustment to time     Yes.............................
                                   periods or postmark
                                   deadlines for
                                   submittal and review
                                   of required
                                   communications.
63.9(j).........................  Change in information  Yes.............................
                                   already provided.
63.10(a)........................  Recordkeeping          Yes.............................  See Sec.  63.866.
                                   requirements--applic
                                   ability and general
                                   information.
63.10(b)(1).....................  Records retention....  Yes.............................
63.10(b)(2).....................  Information and        Yes.............................
                                   documentation to
                                   support
                                   notifications and
                                   demonstrate
                                   compliance.
63.10(b)(3).....................  Records retention for  Yes.............................  Applicability
                                   sources not subject                                      requirements are
                                   to relevant standard.                                    given in Sec.
                                                                                            63.860.
63.10(c)........................  Additional             Yes.............................
                                   recordkeeping
                                   requirements for
                                   sources with CMS..

[[Page 378]]

 
63.10(d)(1).....................  General reporting      Yes.............................
                                   requirements.
63.10(d)(2).....................  Reporting results of   Yes.............................
                                   performance tests.
63.10(d)(3).....................  Reporting results of   Yes.............................  Subpart MM does not
                                   opacity or VE                                            include any opacity
                                   observations.                                            or VE standards;
                                                                                            however, Sec.
                                                                                            63.864 specifies
                                                                                            opacity monitoring
                                                                                            requirements.
63.10(d)(4).....................  Progress reports.....  Yes.............................
63.10(d)(5).....................  Periodic and           Yes.............................
                                   immediate startup,
                                   shutdown, and
                                   malfunction reports.
63.10(e)........................  Additional reporting   Yes.............................
                                   requirements for
                                   sources with CMS.
63.10(f)........................  Waiver of              Yes.............................
                                   recordkeeping and
                                   reporting
                                   requirements.
63.11...........................  Control device         No..............................  The use of flares to
                                   requirements for                                         meet the standards
                                   flares.                                                  in subpart MM is not
                                                                                            anticipated.
63.12...........................  State authority and    Yes.............................
                                   delegations.
63.13...........................  Addresses of State     Yes.............................
                                   air pollution
                                   control agencies and
                                   EPA Regional Offices.
63.14...........................  Incorporations by      Yes.............................
                                   reference.
63.15...........................  Availability of        Yes.............................
                                   information and
                                   confidentiality.
----------------------------------------------------------------------------------------------------------------


[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001]



        Subpart OO_National Emission Standards for Tanks_Level 1

    Source: 61 FR 34184, July 1, 1996, unless otherwise noted.



Sec. 63.900  Applicability.

    The provisions of this subpart apply to the control of air emissions 
from tanks for which another subpart of 40 CFR parts 60, 61, or 63 
references the use of this subpart for such air emission control. These 
air emission standards for tanks are placed here for administrative 
convenience and only apply to those owners and operators of facilities 
subject to the other subparts that reference this subpart. The 
provisions of 40 CFR part 63, subpart A--General Provisions do not apply 
to this subpart except as noted in the subpart that references this 
subpart.



Sec. 63.901  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that, when the device is secured in the closed position, 
prevents or reduces air emissions to the atmosphere by blocking an 
opening in a fixed roof. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually operated 
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a 
spring-loaded pressure relief valve).
    Fixed roof means a cover that is mounted on a tank in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the tank.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec. 
63.905(a) of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in tanks using air emission 
controls in accordance with the standards specified in this subpart.

[[Page 379]]

    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.
    (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

[[Page 380]]

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]



Sec. Sec. 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 
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

[[Page 381]]

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]



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

[[Page 382]]

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:
    (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.



Sec. 63.908  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.900 and 63.902.

[[Page 383]]

    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37354, June 23, 2003]



          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 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

[[Page 384]]

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:
    (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).

[[Page 385]]

    (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 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

[[Page 386]]

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 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

[[Page 387]]

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 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

[[Page 388]]

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 Sec. 63.693.
    (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.

[61 FR 34184, July 1, 1996, as amended at 66 FR 1267, Jan. 8, 2001]



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 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

[[Page 389]]

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.
    (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,

[[Page 390]]

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]



Sec. 63.929  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart

[[Page 391]]

is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.920 and 63.922 through 63.924. Where these standards reference 
another subpart, the cited provisions will be delegated according to the 
delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37355, June 23, 2003]



     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

[[Page 392]]

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 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

[[Page 393]]

secured in the closed position except as follows:
    (1) Opening of closure devices or removal of the cover is allowed at 
the following times:
    (i) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the surface 
impoundment, or when a worker needs to open a hatch to maintain or 
repair equipment. Following completion of the activity, the owner or 
operator shall promptly replace the cover and secure the closure device 
in the closed position, as applicable.
    (ii) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (2) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the pressure in the vapor headspace underneath the cover in 
accordance with the cover design specifications. The device shall be 
designed to operate with no detectable organic emissions as defined in 
Sec. 63.941 of this subpart when the device is secured in the closed 
position. The settings at which the device opens shall be established 
such that the device remains in the closed position whenever the cover 
vapor headspace pressure is within the pressure operating range 
determined by the owner or operator based on the cover manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, ignitible, explosive, reactive, or 
hazardous materials.
    (3) Opening of a safety device, as defined in Sec. 63.941 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the floating membrane cover 
in accordance with the procedures specified in Sec. 63.946(a) of this 
subpart.



Sec. 63.943  Standards--Surface impoundment vented to control device.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from a surface impoundment using a 
cover and venting the vapor headspace underneath the cover through a 
closed-vent system to a control device.
    (b) The surface impoundment shall be covered by a cover and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (1) The cover and its closure devices shall be designed to form a 
continuous barrier over the entire surface area of the liquid in the 
surface impoundment.
    (2) Each opening in the cover not vented to the control device shall 
be equipped with a closure device. If the pressure in the vapor 
headspace underneath the cover is less than atmospheric pressure when 
the control device is operating, the closure devices shall be designed 
to operate such that when the closure device is secured in the closed 
position there are no visible cracks, holes, gaps, or other open spaces 
in the closure device or between the perimeter of the cover opening and 
the closure device. If the pressure in the vapor headspace underneath 
the cover is equal to or greater than atmospheric pressure when the 
control device is operating, the closure device shall be designed to 
operate with no detectable organic emissions using the procedure 
specified in Sec. 63.945(a) of this subpart.
    (3) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the regulated-material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the cover and 
closure devices shall include: organic vapor permeability; the effects 
of any contact with the liquid or its vapors managed in the surface 
impoundment; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the surface impoundment 
on which the cover is installed.

[[Page 394]]

    (4) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutant Standards from Off-Site Waste and Recovery Operations.
    (c) Whenever a regulated-material is in the surface impoundment, the 
cover shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the cover vented to the 
control device except as follows:
    (1) Venting to the control device is not required, and opening of 
closure devices or removal of the cover is allowed at the following 
times:
    (i) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the surface impoundment, 
or when a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position or reinstall 
the cover, as applicable, to the surface impoundment.
    (ii) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (2) Opening of a safety device, as defined in Sec. 63.941 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with the procedures specified in Sec. 
63.946(b) of this subpart.



Sec. 63.944  [Reserved]



Sec. 63.945  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to the interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the 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

[[Page 395]]

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 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

[[Page 396]]

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:
    (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

[[Page 397]]

includes the following information: a surface impoundment identification 
number (or other unique identification description as selected by the 
owner or operator) and the date of inspection.
    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.946 of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec. 63.946(c)(2) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (b) Owners and operators that use a surface impoundment equipped 
with a fixed-roof and vented through a closed-vent system to a control 
device in accordance with the provisions of Sec. 63.943 of this subpart 
shall prepare and maintain the records required for the closed-vent 
system and control device in accordance with the requirements of Sec. 
63.693 in 40 CFR part 63, subpart DD--National Emission Standards for 
Hazardous Air Pollutant Standards from Off-Site Waste and Recovery 
Operations.



Sec. 63.948  Reporting requirements.

    Owners and operators that use a surface impoundment equipped with a 
fixed-roof and vented through a closed-vent system to a control device 
in accordance with the provisions of Sec. 63.943 of this subpart shall 
prepare and submit to the Administrator the reports required for closed-
vent systems and control devices in accordance with the requirements of 
Sec. 63.693 in 40 CFR part 63, subpart DD--National Emission Standards 
for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery 
Operations.



Sec. 63.949  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.940, 63.942, and 63.943. Where these standards reference subpart DD, 
the cited provisions will be delegated according to the delegation 
provisions of subpart DD.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37355, June 23, 2003]



   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.

[[Page 398]]

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 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

[[Page 399]]

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 with the standards specified in 
Sec. 63.693.
    (B) As an alternative to paragraph (b)(3)(ii)(A) of this section, 
the owner or operator may vent the junction box directly to the 
atmosphere when all of the following conditions are met:
    (1) The junction box is filled and emptied by gravity flow (i.e., 
there is no pump) or is operated with no more than slight fluctuations 
in the liquid level. Large changes in the size of the junction box vapor 
headspace created by using a pump to repeatedly empty and then refill 
the junction box do not meet this condition.
    (2) The vent pipe installed on the junction box shall be at least 90 
centimeters in length and no greater than 10 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

[[Page 400]]

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; 66 
FR 1267, Jan. 8, 2001]



Sec. 63.963  [Reserved]



Sec. 63.964  Inspection and monitoring requirements.

    (a) The owner or operator shall inspect the individual drain system 
in accordance with the following requirements:
    (1) The individual drain system shall be visually inspected by the 
owner or operator as follows to check for defects that could result in 
air emissions to the atmosphere.
    (i) The owner or operator shall visually inspect each drain as 
follows:
    (A) In the case when the drain is using a water seal to control air 
emissions, the owner or operator shall verify appropriate liquid levels 
are being maintained and identify any other defects that could reduce 
water seal control effectiveness.
    (B) In the case when the drain is using a closure device to control 
air emissions, the owner or operator shall visually inspect each drain 
to verify that the closure device is in place and there are no defects. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in the closure devices; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing plugs, caps, or other 
closure devices.
    (ii) The owner or operator shall visually inspect each junction box 
to verify that closure devices are in place and there are no defects. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in the closure devices; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (iii) The owner or operator shall visually inspect the unburied 
portion of each sewer line to verify that all closure devices are in 
place and there are no defects. Defects include, but are not limited to, 
visible cracks, holes, gaps, or other open spaces in the sewer line 
joints, seals, or other emission interfaces.
    (iv) The owner or operator shall perform the inspections initially 
at the time of installation of the water seals and closure devices for 
the individual drain system and, thereafter, at least once every year.
    (v) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b) of this section.
    (vi) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.965(a) of this 
subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent 
system and the control device in accordance with the requirements 
specified in Sec. 63.693 in 40 CFR 63 subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations.
    (b) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 15 calendar days after 
detection except as provided in paragraph (b)(2) of this section.
    (2) Repair of a defect may be delayed beyond 15 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary

[[Page 401]]

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 shall prepare 
and maintain the records required for the closed-vent system and control 
device in accordance with the requirements of Sec. 63.693.

[61 FR 34193, July 1, 1996, as amended at 64 FR 38991, July 20, 1999; 66 
FR 1267, Jan. 8, 2001]



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 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.

[66 FR 1267, Jan. 8, 2001]



Sec. 63.967  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.960 and 63.962. Where these standards reference subpart DD, the cited 
provisions will be delegated according to the delegation provisions 
subpart DD of this part.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37355, June 23, 2003]

[[Page 402]]



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).
    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

[[Page 403]]

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 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:

[[Page 404]]

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 
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

[[Page 405]]

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.
    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.
    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; 
67 FR 46277, July 12, 2002]



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 Sec. Sec. 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 Sec. Sec. 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

[[Page 406]]

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 
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. Sec. 63.984 through 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 Sec. Sec. 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 Sec. Sec. 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.

[[Page 407]]

    (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 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 is 
capable of taking periodic readings. 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. 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 and monitoring 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

[[Page 408]]

    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (4) For each bypass line, the owner or operator shall comply with 
paragraph (b)(4)(i) or (ii) of this section.
    (i) If a flow indicator is used, take a reading at least once every 
15 minutes.
    (ii) If the bypass line valve is secured in the non-diverting 
position, 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 line.
    (c) Closed vent system inspection procedures. The provisions of this 
paragraph apply to closed vent systems collecting 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.

[[Page 409]]

    (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 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; 
67 FR 46277, July 12, 2002]



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

[[Page 410]]

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 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 Sec. 
63.988(b), Sec. 63.990(b), or Sec. 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

[[Page 411]]

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.
    (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

[[Page 412]]

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 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 40 CFR part 60, appendix A, or by American Society for Testing and 
Materials (ASTM) D6420-99 (available for purchase from at least one of 
the following addresses: 100 Barr Harbor Drive, West Conshohocken, PA 
19428-2959; or University Microfilms International, 300 North Zeeb Road, 
Ann Arbor, MI 48106) under the conditions specified in Sec. 
63.997(e)(2)(iii)(D)(1) through (3). Hydrogen and carbon monoxide are 
measured by 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 flow rate (in unit of standard temperature and 
pressure), as determined by Method 2, 2A, 2C, 2D, 2F, or 2G 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; 
67 FR 46277, July 12, 2002]



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

[[Page 413]]

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 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

[[Page 414]]

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.
    (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  [Reserved]



Sec. 63.992  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
the applicable State, local, or tribal agency. If the EPA Administrator 
has delegated authority to a State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. Contact 
the applicable EPA Regional Office to find out if this subpart is 
delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraphs (b)(1) through 
(5) of this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the nonopacity emissions standards 
in Sec. Sec. 63.983(a) and (d), 63.984, 63.985(a), 63.986(a), 
63.987(a), 63.988(a), 63.990(a), 63.993(a), 63.994(a), and 63.995(a) 
under Sec. 63.6(g). Where these standards reference another subpart, 
the cited provisions will be delegated according to the delegation 
provisions of the referenced subpart.
    (2) [Reserved]
    (3) Approval of major changes to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (4) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.

[67 FR 46277, July 12, 2002]



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

[[Page 415]]

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 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

[[Page 416]]

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 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 
Sec. Sec. 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 Sec. Sec. 
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

[[Page 417]]

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 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.

[[Page 418]]

    (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 Sec. Sec. 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 Sec. 63.994(c)(2) or Sec. 
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 
Sec. Sec. 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 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

[[Page 419]]

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.
    (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;

[[Page 420]]

    (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 Sec. Sec. 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 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

[[Page 421]]

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 Sec. Sec. 63.985 through 63.995 
require the owner or operator to conduct a performance test of 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

[[Page 422]]

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, 2D, 2F, or 2G 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 limit, the owner or operator shall use Method 
18 or 25A of 40 CFR part 60, appendix A, as applicable. The ASTM D6420-
99 may be used in lieu of Method 18 of 40 CFR part 60, appendix A, under 
the conditions specified in paragraphs (e)(2)(iii)(D)(1) through (3) of 
this section. 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. The procedures specified in 
paragraphs (e)(2)(iii)(A), (B), (D), and (E) of this section shall be 
used to calculate parts per million by volume concentration. The 
calculated concentration shall be corrected to 3 percent oxygen using 
the procedures specified in paragraph (e)(2)(iii)(C) of this section 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.
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, or American Society of Mechanical Engineers (ASME) PTC 19-
10-1981-Part 10 (available for purchase from: ASME International, Three 
Park Avenue, New York, NY 10016-5990, 800-843-2763 or 212-591-7722), 
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:


[[Page 423]]


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) To measure the total organic regulated material concentration at 
the outlet of a control device, use Method 18 of 40 CFR part 60, 
appendix A, or ASTM D6420-99. If you have a combustion control device, 
you must first determine which regulated material compounds are present 
in the inlet gas stream using process knowledge or the screening 
procedure described in Method 18. In conducting the performance test, 
analyze samples collected at the outlet of the combustion control device 
as specified in Method 18 or ASTM D6420-99 for the regulated material 
compounds present at the inlet of the control device. The method ASTM 
D6420-99 may be used only under the conditions specified in paragraphs 
(e)(2)(iii)(D)(1) through (3) of this section.
    (1) If the target compound(s) is listed in Section 1.1 of ASTM 
D6420-99 and the target concentration is between 150 parts per billion 
by volume and 100 parts per million by volume.
    (2) If the target compound(s) is not listed in Section 1.1 of ASTM 
D6420-99 but is potentially detected by mass spectrometry, an additional 
system continuing calibration check after each run, as detailed in 
Section 10.5.3 of ASTM D6420-99, must be followed, met, documented, and 
submitted with the performance test report even if you do not use a 
moisture condenser or the compound is not considered soluble.
    (3) If a minimum of one sample/analysis cycle is completed at least 
every 15 minutes.
    (E) To measure the TOC concentration, use Method 18 of 40 CFR part 
60, appendix A, or use Method 25A of 40 CFR part 60, appendix A, 
according to the procedures in paragraphs (e)(2)(iii)(E)(1) through (4) 
of this section.
    (1) Calibrate the instrument on the predominant regulated material 
compound.
    (2) The test results are acceptable if the response from the high 
level calibration gas is at least 20 times the standard deviation for 
the response from the zero calibration gas when the instrument is zeroed 
on its most sensitive scale.
    (3) The span value of the analyzer must be less than 100 parts per 
million by volume.
    (4) Report the results as carbon, calculated according to Equation 
25A-1 of Method 25A of 40 CFR part 60, appendix A.
    (iv) Percent reduction calculation. To determine compliance with a 
percent reduction requirement, the owner or operator shall use Method 
18, 25, or 25A of 40 CFR part 60, appendix A, as applicable. The method 
ASTM D6420-99 may be used in lieu of Method 18 of 40 CFR part 60, 
appendix A, under the conditions specified in paragraphs 
(e)(2)(iii)(D)(1) through (3) of this section. 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. 
The procedures specified in paragraphs (e)(2)(iv)(A) through (I) 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
    
    [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

[[Page 424]]

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)-(3) [Reserved]
    (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.
    (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.


[[Page 425]]


    (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.

    (F) To measure inlet and outlet concentrations of total organic 
regulated material, use Method 18 of 40 CFR part 60, appendix A, or ASTM 
D6420-99, under the conditions specified in paragraphs (e)(2)(iii)(D)(1) 
through (3) of this section. In conducting the performance test, collect 
and analyze samples as specified in Method 18 or ASTM D6420-99. You must 
collect samples simultaneously at the inlet and outlet of the control 
device. If the performance test is for a combustion control device, you 
must first determine which regulated material compounds are present in 
the inlet gas stream (i.e., uncontrolled emissions) using process 
knowledge or the screening procedure described in Method 18. Quantify 
the emissions for the regulated material compounds present in the inlet 
gas stream for both the inlet and outlet gas streams for the combustion 
device.
    (G) To determine inlet and outlet concentrations of TOC, use Method 
25 of 40 CFR part 60, appendix A. Measure the total gaseous non-methane 
organic (TGNMO) concentration of the inlet and outlet vent streams using 
the procedures of Method 25. Use the TGNMO concentration in Equations 4 
and 5 of paragraph (e)(2)(iv)(B) of this section.
    (H) Method 25A of 40 CFR part 60, appendix A, may be used instead of 
Method 25 to measure inlet and outlet concentrations of TOC if the 
condition in either paragraph (e)(2)(iv)(H)(1) or (2) of this section is 
met.
    (1) The concentration at the inlet to the control system and the 
required level of control would result in exhaust TGNMO concentrations 
of 50 parts per million by volume or less.
    (2) Because of the high efficiency of the control device, the 
anticipated TGNMO concentration of the control device exhaust is 50 
parts per million by volume or less, regardless of the inlet 
concentration.
    (I) If the uncontrolled or inlet gas stream to the control device 
contains formaldehyde, you must conduct emissions testing according to 
paragraph (e)(2)(iv)(I)(1) or (2) of this section.
    (1) If you elect to comply with a percent reduction requirement and 
formaldehyde is the principal regulated material compound (i.e., greater 
than 50 percent of the regulated material compounds in the stream by 
volume), you must use Method 316 or 320 of 40 CFR part 63, appendix A, 
to measure formaldehyde at the inlet and outlet of the control device. 
Use the percent reduction in formaldehyde as a surrogate for the percent 
reduction in total regulated material emissions.
    (2) If you elect to comply with an outlet total organic regulated 
material concentration or TOC concentration limit, and the uncontrolled 
or inlet gas stream to the control device contains greater than 10 
percent (by volume) formaldehyde, you must use Method 316 or 320 of 40 
CFR part 63, appendix A, to separately determine the formaldehyde 
concentration. Calculate the total organic regulated material 
concentration or TOC concentration by totaling the formaldehyde 
emissions measured using Method 316 or 320 and the other regulated 
material compound emissions measured using Method 18 or 25/25A.
    (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

[[Page 426]]

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.

[64 FR 34866, June 29, 1999, as amended at 67 FR 46277, July 12, 2002]



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 Sec. 63.988(b), Sec. 63.990(b), Sec. 63.994(b), or Sec. 
63.995(b).

[[Page 427]]

    (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 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

[[Page 428]]

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
    (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

[[Page 429]]

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) Startups, shutdowns, and malfunctions, if the owner or 
operator operates the source during such periods in accordance with 
Sec. 63.1111(a) 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 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

[[Page 430]]

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.
    (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

[[Page 431]]

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.
    (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 startup, shutdown, or 
malfunction shall not be considered an excursion if the owner or 
operator operates the source during such periods in accordance with 
Sec. 63.1111(a) 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 startup, 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 Sec. 63.1111(a)) 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.

[[Page 432]]

    (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-date and readily accessible, as applicable. 
Continuous records of the equipment operating parameters specified to be 
monitored under Sec. Sec. 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 
Sec. Sec. 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.

[[Page 433]]

    (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 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

[[Page 434]]

system during which the control system does not meet the applicable 
specifications of Sec. 63.983(a), Sec. 63.985(a), or Sec. 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 Sec. 
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 Sec. 
63.983(a), Sec. 63.985(a), or Sec. 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 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; 
71 FR 20458, Apr. 20, 2006]



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

[[Page 435]]

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.
    (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 Sec. 63.988(b), Sec. 63.990(b), 
Sec. 63.994(b), or Sec. 63.995(b), also

[[Page 436]]

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 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

[[Page 437]]

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 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.

[[Page 438]]

    (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 Sec. 63.983(a), Sec. 
63.985(a), or Sec. 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 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

[[Page 439]]

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 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) Implementation and enforcement. This subpart can be implemented 
and enforced by the U.S. Environmental Protection Agency (EPA), or a 
delegated authority such as the applicable State, local, or tribal 
agency. If the

[[Page 440]]

EPA Administrator has delegated authority to a State, local, or tribal 
agency, then that agency has the authority to implement and enforce this 
subpart. Contact the applicable EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (1) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraphs (b)(1)(i) through 
(v) of this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.
    (i) Approval of alternatives to the nonopacity emissions standards 
in Sec. Sec. 63.1003 through 63.1015, under Sec. 63.6(g). Where these 
standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart.
    (ii) [Reserved]
    (iii) Approval of major changes to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (iv) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (v) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.
    (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 Sec. Sec. 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; 
67 FR 46278, July 12, 2002]



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.
    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

[[Page 441]]

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.
    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,

[[Page 442]]

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 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.

[[Page 443]]

    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 Sec. Sec. 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 Sec. Sec. 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 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.

[[Page 444]]

    (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 Sec. Sec. 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 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

[[Page 445]]

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 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.

[[Page 446]]

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 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

[[Page 447]]

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 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

[[Page 448]]

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 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-

[[Page 449]]

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 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

[[Page 450]]

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.
    (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.

[[Page 451]]

    (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 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.

[[Page 452]]

    (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 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

[[Page 453]]

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 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.

[[Page 454]]

    (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. Sec. 63.1017 and 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;
    (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

[[Page 455]]

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 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).

[[Page 456]]

    (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).
    (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

[[Page 457]]

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 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

[[Page 458]]

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 
Sec. 63.1015 or Sec. 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 
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.

[[Page 459]]

    (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 Sec. Sec. 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 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

[[Page 460]]

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.
    (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).

[[Page 461]]

    (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 
Sec. Sec. 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 Sec. Sec. 
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 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.
    (f) Implementation and enforcement. This subpart can be implemented 
and enforced by the U.S. Environmental Protection Agency (EPA), or a 
delegated authority such as the applicable State, local, or tribal 
agency. If the EPA Administrator has delegated authority to a State, 
local, or tribal agency, then that agency has the authority to implement 
and enforce this subpart. Contact the applicable EPA Regional Office to 
find out if this subpart is delegated to a State, local, or tribal 
agency.

[[Page 462]]

    (1) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraphs (f)(i) through 
(v) of this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.
    (i) Approval of alternatives to the nonopacity emissions standards 
in Sec. Sec. 63.1022 through 62.1034, under Sec. 63.6(g), and the 
standards for quality improvement programs in Sec. 63.1035. Where these 
standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart.
    (ii) [Reserved]
    (iii) Approval of major changes to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (iv) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (v) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.

[64 FR 34899, June 29, 1999, as amended at 67 FR 46279, July 12, 2002]



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

[[Page 463]]

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. Sec. 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 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

[[Page 464]]

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, 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.

[[Page 465]]

    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.
    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 
Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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.

[[Page 466]]

    (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.
    (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 Sec. Sec. 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

[[Page 467]]

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.
    (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

[[Page 468]]

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.
    (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 Sec. Sec. 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

[[Page 469]]

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 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

[[Page 470]]

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) 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

[[Page 471]]

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 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).

[[Page 472]]

    (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 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).

[[Page 473]]

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 
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.

[[Page 474]]

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 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).

[[Page 475]]

    (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.
    (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

[[Page 476]]

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 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.

[[Page 477]]

    (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) 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

[[Page 478]]

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.
    (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 Sec. Sec. 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.

[[Page 479]]



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 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

[[Page 480]]

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 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

[[Page 481]]

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]



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 
Sec. Sec. 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 
Sec. Sec. 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

[[Page 482]]

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. 63.1024, 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 Sec. Sec. 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

[[Page 483]]

    (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. 63.1033  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 Sec. Sec. 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)

[[Page 484]]

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 
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

[[Page 485]]

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 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

[[Page 486]]

    (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 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

[[Page 487]]

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 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

[[Page 488]]

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.
    (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 Sec. Sec. 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.

[[Page 489]]

    (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 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:

[Delta] (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.

[[Page 490]]

    (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.
    (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 
Sec. Sec. 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.

[[Page 491]]

    (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.
    (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 Sec. Sec. 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.

[[Page 492]]

    (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 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'').

[[Page 493]]

    (iv) Planned schedule for requirements in Sec. Sec. 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 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.



   Sec. Table 1 to Subpart UU of Part 63--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.

[[Page 494]]

 
25 to <50%.......................  Quarterly................  Semiannually............  Annually.
50 to <75%.......................  Bimonthly................  Three times.............  Semiannually.
75 to 100%.......................  Monthly..................  Quarterly...............  Semiannually.
----------------------------------------------------------------------------------------------------------------



  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.

[[Page 495]]

    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, 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

[[Page 496]]

owner or operator shall promptly secure the closure device in the closed 
position or reinstall the cover, as applicable, to the separator.
    (ii) To remove accumulated sludge or other residues from the bottom 
of separator.
    (2) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the pressure in vapor headspace underneath the fixed roof in 
accordance with the separator design specifications. The device shall be 
designed to operate with no detectable organic emissions, as determined 
using the procedure specified in Sec. 63.1046(a) of this subpart, when 
the device is secured in the closed position. The settings at which the 
device opens shall be established such that the device remains in the 
closed position whenever the pressure in the vapor headspace underneath 
the fixed roof is within the pressure operating range determined by the 
owner or operator based on the cover manufacturer recommendations, 
applicable regulations, fire protection and prevention codes, standard 
engineering codes and practices, or other requirements for the safe 
handling of flammable, ignitable, explosive, reactive, or hazardous 
materials.
    (3) Opening of a safety device, as defined in Sec. 63.1041 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the fixed roof and any 
closure devices in accordance with the requirements specified in Sec. 
63.1047(a) of this subpart.



Sec. 63.1043  Standards--Separator floating roof.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from an oil-water separator or 
organic-water separator using a floating roof.
    (b) The separator shall be equipped with a floating roof designed to 
meet the following specifications:
    (1) The floating roof shall be designed to float on the liquid 
surface during normal operations.
    (2) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the separator and the roof 
edge. The lower seal is referred to as the primary seal, and the upper 
seal is referred to as the secondary seal.
    (i) The primary seal shall be a liquid-mounted seal or a metallic 
shoe seal, as defined in Sec. 63.1041 of this subpart. The total area 
of the gaps between the separator wall and the primary seal shall not 
exceed 67 square centimeters (cm\2\) 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 (cm\2\) 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

[[Page 497]]

when a worker needs to open a port to sample the liquid in the 
separator, or when a worker needs to open a hatch to maintain or repair 
equipment. Following completion of the activity, the owner or operator 
shall promptly secure the closure device in the closed position.
    (ii) To remove accumulated sludge or other residues from the bottom 
of separator.
    (2) Opening of a safety device, as defined in Sec. 63.1041 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the floating roof in 
accordance with the procedures specified in Sec. 63.1047(b) of this 
subpart.



Sec. 63.1044  Standards--Separator vented to control device.

    (a) This section applies to owners and operators controlling air 
emissions from an oil-water or organic-water separator using a fixed 
roof and venting the vapor headspace underneath the fixed roof through a 
closed-vent system to a control device.
    (b) The separator shall be covered by a fixed roof and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (1) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
separator.
    (2) Each opening in the fixed roof not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the fixed roof is less than atmospheric pressure 
when the control device is operating, the closure devices shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device. If the pressure in the vapor headspace 
underneath the fixed roof is equal to or greater than atmospheric 
pressure when the control device is operating, the closure device shall 
be designed to operate with no detectable organic emissions, as 
determined using the procedure specified in Sec. 63.1046(a) of this 
subpart.
    (3) The fixed roof and its closure devices shall be made of suitable 
materials that will minimize exposure of the regulated-material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the fixed roof 
and closure devices shall include: organic vapor permeability; the 
effects of any contact with the liquid or its vapors managed in the 
separator; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the separator on which 
the fixed roof is installed.
    (4) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations.
    (c) Whenever a regulated-material is in the separator, the fixed 
roof shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the fixed roof vented to the 
control device except as follows:
    (1) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the following 
times:
    (i) To provide access to the separator for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the separator, or when 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.

[[Page 498]]

    (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.
    (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.

[64 FR 38991, July 20, 1999, as amended at 66 FR 1268, Jan. 8, 2001]



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

[[Page 499]]

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) 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

[[Page 500]]

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.
    (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

[[Page 501]]

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 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.

[[Page 502]]

    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.1047 of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec. 63.1047(d)(2) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (b) Owners and operators that use a separator equipped with a 
floating roof in accordance with the provisions of Sec. 63.1043 of this 
subpart shall prepare and maintain records for each inspection required 
by Sec. 63.1047(b)(1) describing the results of the seal gap 
measurements. The records shall include the date of the measurements 
performed, the raw data obtained for the measurements, and the 
calculations of the total gap surface area. In the event that the seal 
gap measurements do not conform to the specifications in Sec. 
63.1043(b)(2) of this subpart, the records shall include a description 
of the repairs that were made, the date the repairs were made, and the 
date the separator was emptied, if necessary.
    (c) Owners and operators that use a separator equipped with a fixed-
roof and vented through a closed-vent system to a control device in 
accordance with the provisions of Sec. 63.1044 of this subpart shall 
prepare and maintain the records required for the closed-vent system and 
control device in accordance with the requirements of Sec. 63.693 in 40 
CFR 63 subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations.



Sec. 63.1049  Reporting requirements.

    (a) Owners and operators that use a separator equipped with a 
floating roof in accordance with the provisions of Sec. 63.1043 of this 
subpart shall notify the Administrator at least 30 calendar days prior 
to each seal gap measurement inspection performed to comply with the 
requirements in Sec. 63.1047(b)(1) of this subpart.
    (b) Owners and operators that use a separator equipped with a fixed-
roof and vented through a closed-vent system to a control device in 
accordance with the provisions of Sec. 63.1044 of this subpart shall 
prepare and submit to the Administrator the reports required for closed-
vent systems and control devices in accordance with the requirements of 
Sec. 63.693 in 40 CFR 63 subpart DD--National Emission Standards for 
Hazardous Air Pollutants from Off-Site Waste and Recovery Operations.



Sec. 63.1050  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.1040 and 63.1042 through 63.1045. Where these standards reference 
subpart DD, the cited provisions will be delegated according to the 
delegation provisions of subpart DD of this part.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37355, June 23, 2003]

[[Page 503]]



   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 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

[[Page 504]]

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 (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

[[Page 505]]

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 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.

[[Page 506]]

    (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).
    (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

[[Page 507]]

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 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

[[Page 508]]

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.
    (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 Sec. Sec. 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.

[[Page 509]]

    (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.



Sec. 63.1067  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
the applicable State, local, or tribal agency. If the EPA Administrator 
has delegated authority to a State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. Contact 
the applicable EPA Regional Office to find out if this subpart is 
delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraphs (b)(1) through 
(5) of this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the nonopacity emissions standards 
in Sec. Sec. 63.1062 and 63.1063(a) and (b) for alternative means of 
emission limitation, under Sec. 63.6(g).
    (2) [Reserved]
    (3) Approval of major changes to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (4) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.

[67 FR 46279, July 12, 2002]



   Subpart XX_National Emission Standards for Ethylene Manufacturing 
        Process Units: Heat Exchange Systems and Waste Operations

    Source: 67 FR 46271, July 12, 2002, unless otherwise noted.

                              Introduction



Sec. 63.1080  What is the purpose of this subpart?

    This subpart establishes requirements for controlling emissions of 
hazardous air pollutants (HAP) from heat exchange systems and waste 
streams at new and existing ethylene production units.



Sec. 63.1081  When must I comply with the requirements of this subpart?

    You must comply with the requirements of this subpart according to 
the schedule specified in Sec. 63.1102(a).

                               Definitions



Sec. 63.1082  What definitions do I need to know?

    (a) Unless defined in paragraph (b) of this section, definitions for 
terms used in this subpart are provided in the Clean Air Act, Sec. 
63.1103(e), and 40 CFR 61.341.
    (b) The following definitions apply to terms used in this subpart:
    Continuous butadiene waste stream means the continuously flowing 
process wastewater from the following equipment: The aqueous drain from 
the debutanizer reflux drum, water separators on the C4 crude butadiene 
transfer piping, and the C4 butadiene storage equipment; and spent wash 
water from the C4 crude butadiene carbonyl wash system. The continuous 
butadiene waste stream does not include butadiene streams generated from 
sampling, maintenance activities, or shutdown purges. The continuous 
butadiene waste stream does not include butadiene streams from equipment 
that is

[[Page 510]]

currently an affected source subject to the control requirements of 
another NESHAP. The continuous butadiene waste stream contains less than 
10 parts per million by weight (ppmw) of benzene.
    Dilution steam blowdown waste stream means any continuously flowing 
process wastewater stream resulting from the quench and compression of 
cracked gas (the cracking furnace effluent) at an ethylene production 
unit and is discharged from the unit. This stream typically includes the 
aqueous or oily-water stream that results from condensation of dilution 
steam (in the cracking furnace quench system), blowdown from dilution 
steam generation systems, and aqueous streams separated from the process 
between the cracking furnace and the cracked gas dehydrators. The 
dilution steam blowdown waste stream does not include dilution steam 
blowdown streams generated from sampling, maintenance activities, or 
shutdown purges. The dilution steam blowdown waste stream also does not 
include blowdown that has not contacted HAP-containing process 
materials.
    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.
    Process wastewater means water which comes in contact with benzene 
or butadiene during manufacturing or processing operations conducted 
within an ethylene production unit. Process wastewater is not organic 
wastes, process fluids, product tank drawdown, cooling water blowdown, 
steam trap condensate, or landfill leachate. Process wastewater includes 
direct-contact cooling water.
    Spent caustic waste stream means the continuously flowing process 
wastewater stream that results from the use of a caustic wash system in 
an ethylene production unit. A caustic wash system is commonly used at 
ethylene production units to remove acid gases and sulfur compounds from 
process streams, typically cracked gas. The spent caustic waste stream 
does not include spent caustic streams generated from sampling, 
maintenance activities, or shutdown purges.

                 Applicability for Heat Exchange Systems



Sec. 63.1083  Does this subpart apply to my heat exchange system?

    The provisions of this subpart apply to your heat exchange system if 
you own or operate an ethylene production unit expressly referenced to 
this subpart XX from subpart YY of this part. The provisions of subpart 
A (General Provisions) of this part do not apply to this subpart except 
as specified in subpart YY of this part.



Sec. 63.1084  What heat exchange systems are exempt from the requirements 
of this subpart?

    Your heat exchange system is exempt from the requirements in 
Sec. Sec. 63.1085 and 63.1086 if it meets any one of the criteria in 
paragraphs (a) through (e) of this section.
    (a) Your heat exchange system operates with the minimum pressure on 
the cooling water side at least 35 kilopascals greater than the maximum 
pressure on the process side.
    (b) Your heat exchange system contains an intervening cooling fluid, 
containing less than 5 percent by weight of total HAP listed in Table 1 
to this subpart, between the process and the cooling water. This 
intervening fluid must serve to isolate the cooling water from the 
process fluid and must not be sent through a cooling tower or 
discharged. For purposes of this section, discharge does not include 
emptying for maintenance purposes.
    (c) 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 by volume (ppmv) or less above 
influent concentration, or 10 percent or less above influent 
concentration, whichever is greater.
    (d) Your once-through heat exchange system is subject to a NPDES 
permit that meets all of the conditions in paragraphs (d)(1) through (4) 
of this section.
    (1) The permit requires monitoring of a parameter or condition to 
detect a leak of process fluids to cooling water.

[[Page 511]]

    (2) The permit specifies the normal range of the parameter or 
condition.
    (3) The permit requires monthly or more frequent monitoring for the 
parameters selected as leak indicators.
    (4) The permit requires you to report and correct leaks to the 
cooling water when the parameter or condition exceeds the normal range.
    (e) Your recirculating or once-through heat exchange system cools 
process fluids that contain less than 5 percent by weight of total HAP 
listed in Table 1 to this subpart.

                    Heat Exchange System Requirements



Sec. 63.1085  What are the general requirements for heat exchange systems?

    Unless you meet one of the requirements for exemptions in Sec. 
63.1084, you must meet the requirements in paragraphs (a) through (d) of 
this section.
    (a) Monitor the cooling water for the presence of substances that 
indicate a leak according to Sec. 63.1086.
    (b) If you detect a leak, repair it according to Sec. 63.1087 
unless repair is delayed according to Sec. 63.1088.
    (c) Keep the records specified in Sec. 63.1089.
    (d) Submit the reports specified in Sec. 63.1090.

            Monitoring Requirements for Heat Exchange Systems



Sec. 63.1086  How must I monitor for leaks to cooling water?

    You must monitor for leaks to cooling water by monitoring each heat 
exchange system according to the requirements of paragraph (a) of this 
section, monitoring each heat exchanger according to the requirements of 
paragraph (b) of this section, or monitoring a surrogate parameter 
according to the requirements of paragraph (c) of this section. If you 
elect to comply with the requirements of paragraph (a) or (b) of this 
section, you may use alternatives in paragraph (d)(1) or (2) of this 
section for determining the mean entrance concentration.
    (a) Heat exchange system. Monitor cooling water in each heat 
exchange system for the HAP listed in Table 1 to this subpart (either 
total or speciated) or other representative substances (e.g., total 
organic carbon or volatile organic compounds (VOC)) that indicate the 
presence of a leak according to the requirements in paragraphs (a)(1) 
through (5) of this section.
    (1) You define the equipment that comprises each heat exchange 
system. For the purposes of implementing paragraph (a) of this section, 
a heat exchange system may consist of an entire heat exchange system or 
any combinations of heat exchangers such that, based on the rate of 
cooling water at the entrance and exit to each heat exchange system and 
the sensitivity of the test method being used, a leak of 3.06 kg/hr or 
greater of the HAP in Table 1 to this subpart would be detected. For 
example, if the test you decide to use has a sensitivity of 1 ppmv for 
total HAP, you must define the heat exchange system so that the cooling 
water flow rate is 51,031 liters per minute or less so that a leak of 
3.06 kg/hr can be detected.
    (2) Monitoring periods. For existing sources, monitor cooling water 
as specified in paragraph (a)(2)(i) of this section. Monitor heat 
exchange systems at new sources according to the specifications in 
paragraph (a)(2)(ii) of this section.
    (i) Monitor monthly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in either 
paragraph (a)(2)(i)(A) or (a)(2)(i)(B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring monthly for a 6-month 
period, monitor quarterly thereafter until a leak is detected.
    (B) If a leak is detected, monitor monthly until the leak has been 
repaired. Upon completion of repair, monitor according to the 
specifications in paragraph (a)(2)(i) of this section.
    (ii) Monitor weekly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in paragraph 
(a)(2)(ii)(A) or (B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring weekly for a 6-month 
period, monitor monthly thereafter until a leak is detected.
    (B) If a leak is detected, monitor weekly until the leak has been 
repaired. Upon completion of the repair,

[[Page 512]]

monitor according to the specifications in paragraph (a)(2)(ii) of this 
section.
    (3) Determine the concentration of the monitored substance in the 
heat exchange system cooling water using any method listed in 40 CFR 
part 136. Use the same method for both entrance and exit samples. You 
may validate 40 CFR part 136 methods for the HAP listed in Table 1 to 
this subpart according to the procedures in appendix D to this part. 
Alternative methods may be used upon approval by the Administrator.
    (4) Take a minimum of three sets of samples at each entrance and 
exit.
    (5) Calculate the average entrance and exit concentrations, 
correcting for the addition of make-up water and evaporative losses, if 
applicable. Using a one-sided statistical procedure at the 0.05 level of 
significance, if the exit mean concentration is at least 10 percent 
greater than the entrance mean of the HAP (total or speciated) in Table 
1 to this subpart or other representative substance, and the leak is at 
least 3.06 kg/hr, you have detected a leak.
    (b) Individual heat exchangers. Monitor the cooling water at the 
entrance and exit of each heat exchanger for the HAP in Table 1 to this 
subpart (either total or speciated) or other representative substances 
(e.g., total organic carbon or VOC) that indicate the presence of a leak 
in a heat exchanger according to the requirements in paragraphs (b)(1) 
through (4) of this section.
    (1) Monitoring periods. For existing sources, monitor cooling water 
as specified in paragraph (b)(1)(i) of this section. Monitor each heat 
exchanger at new sources according to the specifications in paragraph 
(b)(1)(ii) of this section.
    (i) Monitor monthly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in paragraph 
(b)(1)(i)(A) or (b)(1)(i)(B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring monthly for a 6-month 
period, monitor quarterly thereafter until a leak is detected.
    (B) If a leak is detected, monitor monthly until the leak has been 
repaired. Upon completion of repair, monitor according to the 
specifications in paragraph (b)(1)(i) of this section.
    (ii) Monitor weekly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in paragraph 
(b)(1)(ii)(A) or (B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring weekly for a 6-month 
period, monitor monthly thereafter until a leak is detected.
    (B) If a leak is detected, monitor weekly until the leak has been 
repaired. Upon completion of the repair, monitor according to the 
specifications in paragraph (b)(1)(ii) of this section.
    (2) Determine the concentration of the monitored substance in the 
cooling water using any method listed in 40 CFR part 136, as long as the 
method is sensitive to concentrations as low as 10 ppmv. Use the same 
method for both entrance and exit samples. Validation of 40 CFR part 136 
methods for the HAP listed in Table 1 to this subpart may be determined 
according to the provisions of appendix D to this part. Alternative 
methods may be used upon approval by the Administrator.
    (3) Take a minimum of three sets of samples at each heat exchanger 
entrance and exit.
    (4) Calculate the average entrance and exit concentrations, 
correcting for the addition of make-up water and evaporative losses, if 
applicable. Using a one-sided statistical procedure at the 0.05 level of 
significance, if the exit mean concentration is at least 1 ppmw or 10 
percent greater than the entrance mean, whichever is greater, you have 
detected a leak.
    (c) Surrogate parameters. You may elect to comply with the 
requirements of this section by monitoring using a surrogate indicator 
of leaks, provided that you comply with the requirements of paragraphs 
(c)(1) through (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) You shall prepare and implement a monitoring plan that documents 
the procedures that will be used to detect leaks of process fluids into 
cooling waters. The plan shall require monitoring of one or more process 
parameters or other conditions that indicate a leak.

[[Page 513]]

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) through (iv) 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 condition(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, you have 
detected a leak.
    (iii) Monitoring periods. For existing sources, monitor cooling 
water as specified in paragraph (c)(1)(iii)(A) of this section. Monitor 
heat exchange systems at new sources according to the specifications in 
paragraph (c)(1)(iii)(B) of this section.
    (A) Monitor monthly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in paragraph 
(c)(1)(iii)(A)(1) or (c)(1)(iii)(A)(2) of this section, as appropriate.
    (1) If no leaks are detected, monitor quarterly thereafter until a 
leak is detected.
    (2) If a leak is detected, monitor monthly until the leak has been 
repaired. Upon completion of repair, monitor according to the 
specifications in paragraph (c)(1)(iii)(A) of this section.
    (B) Monitor the cooling water weekly for heat exchange systems at 
new sources.
    (iv) The records that will be maintained to document compliance with 
the requirements of this section.
    (2) If a leak is identified by audio, visual, or olfactory 
inspection, a method listed in 40 CFR part 136, or any other means other 
than those described in the monitoring plan, and the method(s) specified 
in the plan could not detect the leak, you shall revise the plan and 
document the basis for the changes. You shall complete the revisions to 
the plan no later than 180 days after discovery of the leak.
    (3) You 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 
provide access within 2 hours after a request. If the monitoring plan is 
changed, you must retain the most recent superseded plan for at least 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 provide access within 2 hours after a request.
    (d) Simplifying assumptions for entrance mean concentration. If you 
are complying with paragraph (a) or (b) of this section, you may elect 
to determine the entrance mean concentration as specified in paragraph 
(d)(1) or (2) of this section.
    (1) Assume that the entrance mean concentration of the monitored 
substance is zero; or,
    (2) Determine the entrance mean concentration of a monitored 
substance at a sampling location anywhere upstream of the heat exchanger 
or heat exchange system, provided that there is not a reasonable 
opportunity for the concentration to change at the entrance to each heat 
exchanger or heat exchange system.

[67 FR 46271, July 12, 2002, as amended at 70 FR 19271, Apr. 13, 2005]

              Repair Requirements for Heat Exchange Systems



Sec. 63.1087  What actions must I take if a leak is detected?

    If a leak is detected, you must comply with the requirements in 
paragraphs (a) and (b) of this section unless repair is delayed 
according to Sec. 63.1088.
    (a) Repair the leak as soon as practical but not later than 45 
calender days after you received the results of monitoring tests that 
indicated a leak. You must repair the leak unless you demonstrate that 
the results are due to a condition other than a leak.
    (b) Once the leak has been repaired, use the monitoring requirements 
in Sec. 63.1086 within 7 calender days of the

[[Page 514]]

repair or startup, whichever is later, to confirm that the heat exchange 
system has been repaired.



Sec. 63.1088  In what situations may I delay leak repair, and what actions
must I take for delay of repair?

    You may delay the repair of heat exchange systems if the leaking 
equipment is isolated from the process. You may also delay repair if 
repair is technically infeasible without a shutdown, and you meet one of 
the conditions in paragraphs (a) through (c) of this section.
    (a) If a shutdown is expected within the next 2 months of 
determining delay of repair is necessary, you are not required to have a 
special shutdown before that planned shutdown.
    (b) If a shutdown is not expected within the next 2 months of 
determining delay of repair is necessary, you may delay repair if a 
shutdown for repair would cause greater emissions than the potential 
emissions from delaying repair until the next shutdown of the process 
equipment associated with the leaking heat exchanger. You must document 
the basis for the determination that a shutdown for repair would cause 
greater emissions than the emissions likely to result from delay of 
repair. The documentation process must include the activities in 
paragraphs (b)(1) through (4) of this section.
    (1) State the reason(s) for delaying repair.
    (2) Specify a schedule for completing the repair as soon as 
practical.
    (3) Calculate the potential emissions from the leaking heat 
exchanger by multiplying the concentration of HAP listed in Table 1 to 
this subpart (or other monitored substances) in the cooling water from 
the leaking heat exchanger by the flow rate of the cooling water from 
the leaking heat exchanger and by the expected duration of the delay.
    (4) Determine emissions of HAP listed in Table 1 to this subpart (or 
other monitored substances) from purging and depressurizing the 
equipment that will result from the unscheduled shutdown for the repair.
    (c) If repair is delayed because the necessary equipment, parts or 
personnel are not available, you may delay repair a maximum of 120 
calendar days. You must demonstrate that the necessary equipment, parts 
or personnel were not available.

   Recordkeeping and Reporting Requirements for Heat Exchange Systems



Sec. 63.1089  What records must I keep?

    You must keep the records in paragraphs (a) through (e) of this 
section, according to the requirements of Sec. 63.1109(c).
    (a) Monitoring data required by Sec. 63.1086 that indicate a leak, 
the date the leak was detected, or, if applicable, the basis for 
determining there is no leak.
    (b) The dates of efforts to repair leaks.
    (c) The method or procedures used to confirm repair of a leak and 
the date the repair was confirmed.
    (d) Documentation of delay of repair as specified in Sec. 63.1088.
    (e) If you validate a 40 CFR part 136 method for the HAP listed in 
Table 1 to this subpart according to the procedures in appendix D to 
this part, then you must keep a record of the test data and calculations 
used in the validation.



Sec. 63.1090  What reports must I submit?

    If you delay repair for your heat exchange system, you must report 
the delay of repair in the semiannual report required by Sec. 
63.1110(e). If the leak remains unrepaired, you must continue to report 
the delay of repair in semiannual reports until you repair the leak. You 
must include the information in paragraphs (a) through (e) of this 
section in the semiannual report.
    (a) The fact that a leak was detected, and the date that the leak 
was detected.
    (b) Whether or not the leak has been repaired.
    (c) The reasons for delay of repair. If you delayed the repair as 
provided in Sec. 63.1088(b), documentation of emissions estimates.
    (d) If a leak remains unrepaired, the expected date of repair.
    (e) If a leak is repaired, the date the leak was successfully 
repaired.

[[Page 515]]

                    Background for Waste Requirements



Sec. 63.1091  What do the waste requirements do?

    This subpart requires you to comply with 40 CFR part 61, subpart FF, 
National Emission Standards for Benzene Waste Operations. There are some 
differences between the ethylene production waste requirements and those 
of subpart FF.



Sec. 63.1092  What are the major differences between the requirements of 
40 CFR part 61, subpart FF, and the waste requirements for 

ethylene production sources?

    The major differences between the requirements of 40 CFR part 61, 
subpart FF, and the requirements for ethylene production sources are 
listed in paragraphs (a) through (d) of this section.
    (a) The requirements for ethylene production sources apply to all 
ethylene production sources that are part of a major source. The 
requirements do not include a provision to exempt sources with a total 
annual benzene quantity less than 10 megagrams per year (Mg/yr) from 
control requirements.
    (b) The requirements for ethylene production sources apply to 
continuous butadiene waste streams which do not contain benzene 
quantities that would make them subject to the management and treatment 
requirements of 40 CFR part 61, subpart FF.
    (c) The requirements for ethylene production sources do not include 
the compliance options at 40 CFR 61.342(c)(3)(ii), (d) and (e) for 
sources with a total annual benzene quantity less than 10 Mg/yr.
    (d) If you transfer waste off-site, you must comply with the 
requirements in Sec. 63.1096 rather than 40 CFR 61.342(f).

                  Applicability for Waste Requirements



Sec. 63.1093  Does this subpart apply to my waste streams?

    The waste stream provisions of this subpart apply to your waste 
streams if you own or operate an ethylene production facility expressly 
referenced to this subpart XX from subpart YY of this part. The 
provisions of subpart A (General Provisions) of this part do not apply 
to this subpart except as specified in a referencing subpart.



Sec. 63.1094  What waste streams are exempt from the requirements of 
this subpart?

    The types of waste described in paragraphs (a) and (b) of this 
section are exempt from this subpart.
    (a) Waste in the form of gases or vapors that is emitted from 
process fluids.
    (b) Waste that is contained in a segregated storm water sewer 
system.

                           Waste Requirements



Sec. 63.1095  What specific requirements must I comply with?

    For waste that is not transferred off-site, you must comply with the 
requirements in paragraph (a) of this section for continuous butadiene 
waste streams and paragraph (b) of this section for benzene waste 
streams. If you transfer waste off-site, you must comply with the 
requirements of Sec. 63.1096.
    (a) Continuous butadiene waste streams. Manage and treat continuous 
butadiene waste streams that contain greater than or equal to 10 ppmw 
1,3-butadiene and have a flow rate greater than or equal to 0.02 liters 
per minute, according to either paragraph (a)(1) or (2) of this section. 
If the total annual benzene quantity from waste at your facility is less 
than 10 Mg/yr, as determined according to 40 CFR 61.342(a), the 
requirements of paragraph (a)(3) of this section apply also.
    (1) Route the continuous butadiene stream to a treatment process or 
wastewater treatment system used to treat benzene waste streams that 
complies with the standards specified in 40 CFR 61.348. Comply with the 
requirements of 40 CFR part 61, subpart FF; with the changes in Table 2 
to this subpart, and as specified in paragraphs (a)(1)(i) through (v) of 
this section.
    (i) Determine the butadiene concentration of the waste stream 
according to 40 CFR 61.355(c)(1) through (3), except substitute ``1,3-
butadiene'' for each occurrence of ``benzene.'' You may validate 40 CFR 
part 136 methods for 1,3-butadiene according to the procedures in 
appendix D to this part. You do not need to determine the butadiene 
concentration of a waste stream if you

[[Page 516]]

designate that the stream must be controlled.
    (ii) Comply with 40 CFR 61.342(c)(1)(ii) and (iii) for each waste 
management unit that receives or manages the waste stream prior to and 
during treatment or recycling of the waste stream.
    (iii) Comply with the recordkeeping requirements in 40 CFR 
61.356(b), (b)(1) and (b)(2), except substitute ``1,3-butadiene'' for 
each occurrence of ``benzene'' and ``continuous butadiene waste stream'' 
for each occurrence of ``waste stream.''
    (iv) Comply with the reporting requirements in 40 CFR 61.357(a), 
(a)(2), (a)(3), (a)(3)(iii) through (v), and (d)(1) and (2), except 
substitute ``1,3-butadiene'' for each occurrence of ``benzene'' and 
``continuous butadiene waste stream'' for each occurrence of ``waste 
stream.''
    (v) Include only the information in 40 CFR 61.357(a)(2) and 
(a)(3)(iii) through (v) in the report required in 40 CFR 61.357(a) and 
(d)(2).
    (2) Comply with the process wastewater requirements of subpart G of 
this part. Submit the information required in Sec. 63.146(b) in the 
Notification of Compliance Status required by Sec. 63.1110(d). Submit 
the information required in Sec. 63.146(c) through (e) in either the 
Periodic Reports required in Sec. 63.152 or the Periodic Reports 
required in Sec. 63.1110(e).
    (3) If the total annual benzene quantity from waste at your facility 
is less than 10 Mg/yr, as determined according to 40 CFR 61.342(a), 
comply with the requirements of this section at all times except during 
periods of startup, shutdown, and malfunction, if the startup, shutdown, 
or malfunction precludes the ability of the affected source to comply 
with the requirements of this section and the owner or operator follows 
the provisions for periods of startup, shutdown, and malfunction, as 
specified in Sec. 63.1111.
    (b) Waste streams that contain benzene. For waste streams that 
contain benzene, you must comply with the requirements of 40 CFR part 
61, subpart FF, except as specified in Table 2 to this subpart. You must 
manage and treat waste streams that contain benzene as specified in 
either paragraph (b)(1) or (2) of this section.
    (1) If the total annual benzene quantity from waste at your facility 
is less than 10 Mg/yr, as determined according to 40 CFR 61.342(a), 
manage and treat spent caustic waste streams and dilution steam blowdown 
waste streams according to 40 CFR 61.342(c)(1) through (c)(3)(i). The 
requirements of this paragraph (b)(1) shall apply at all times except 
during periods of startup, shutdown, and malfunction, if the startup, 
shutdown, or malfunction precludes the ability of the affected source to 
comply with the requirements of this section and the owner or operator 
follows the provisions for periods of startup, shutdown, and 
malfunction, as specified in Sec. 63.1111.
    (2) If the total annual benzene quantity from waste at your facility 
is greater than or equal to 10 Mg/yr, as determined according to 40 CFR 
61.342(a), you must manage and treat waste streams according to any of 
the options in 40 CFR 61.342(c)(1) through (e) or transfer waste off-
site. If you elect to transfer waste off-site, then you must comply with 
the requirements of Sec. 63.1096.

[67 FR 46271, July 12, 2002, as amended at 70 FR 19272, Apr. 13, 2005]



Sec. 63.1096  What requirements must I comply with if I transfer waste
off-site?

    If you elect to transfer waste off-site, you must comply with the 
requirements in paragraphs (a) through (d) of this section.
    (a) Include a notice with the shipment or transport of each waste 
stream. The notice shall state that the waste stream contains organic 
HAP 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.
    (b) You may not transfer the waste stream unless the transferee has 
submitted to the Administrator a written certification that the 
transferee will

[[Page 517]]

manage and treat any waste stream received from a source subject to the 
requirements of this subpart in accordance with the requirements of this 
subpart.
    (c) By providing this written certification to the Administrator, 
the certifying entity accepts responsibility for compliance with the 
regulatory provisions in this subpart with respect to any shipment of 
waste covered by the written certification. Failure to abide by any of 
those provisions with respect to such shipments may result in 
enforcement action by EPA against the certifying entity in accordance 
with the enforcement provisions applicable to violations of those 
provisions by owners or operators of sources.
    (d) The certifying entity may revoke the written certification by 
sending a written statement to the Administrator and you. The notice of 
revocation must provide at least 90 days notice that the certifying 
entity is rescinding acceptance of responsibility for compliance with 
the regulatory provisions of this subpart. Upon expiration of the notice 
period, you may not transfer the waste stream to that off-site treatment 
operation. Written certifications and revocation statements to the 
Administrator from the transferees of waste 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 to other off-site 
waste treatment operators.

                     Implementation and Enforcement



Sec. 63.1097  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
the applicable State, local, or tribal agency. If the EPA Administrator 
has delegated authority to a State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. Contact 
the applicable EPA Regional Office to find out if this subpart is 
delegated.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraphs (b)(1) through (5) of 
this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the nonopacity emissions standards 
in Sec. Sec. 63.1085, 63.1086 and 63.1095, under Sec. 63.6(g). Where 
these standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart.
    (2) [Reserved]
    (3) Approval of major changes to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (4) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.



     Sec. Table 1 to Subpart XX of Part 63--Hazardous Air Pollutants

------------------------------------------------------------------------
                 Hazardous air pollutant                      CAS No.
------------------------------------------------------------------------
Benzene.................................................           71432
1,3-Butadiene...........................................          106990
Cumene..................................................           98828
Ethyl benzene...........................................          100414
Hexane..................................................          110543
Naphthalene.............................................           91203
Styrene.................................................          100425
Toluene.................................................          108883
o-Xylene................................................           95476
m-Xylene................................................          108383
p-Xylene................................................          106423
------------------------------------------------------------------------


[[Page 518]]



 Sec. Table 2 to Subpart XX of Part 63--Requirements of 40 CFR Part 61, 
   Subpart FF, Not Included in the Requirements for This Subpart and 
                         Alternate Requirements

------------------------------------------------------------------------
 If the total annual benzene
 quatity for waste from your   Do not comply with:     Instead, comply
      facility is * * *                                     with:
------------------------------------------------------------------------
1. Less than 10 Mg/yr.......  40 CFR 61.340.......  Sec.  63.1093.
                             -------------------------------------------
                              40 CFR                There is no
                               61.342(c)(3)(ii),     equivalent
                               (d), and (e).         requirement.
                             -------------------------------------------
                              40 CFR 61.342(f)....  Sec.  61.1096.
                             -------------------------------------------
                              40 CFR 61.355(j) and  There is no
                               (k).                  equivalent
                                                     requirement.
                             -------------------------------------------
                              40 CFR                There is no
                               61.356(b)(2)(ii),     equivalent
                               (b)(3) through        requirement.
                               (b)(5).
                             -------------------------------------------
                              The requirement to    The requirement to
                               submit the            submit the
                               information           information
                               required in 40 CFR    required in 40 CFR
                               61.357(a) to the      61.357(a) as part
                               Administrator         of the Initial
                               within 90 days        Notification
                               after January 7,      required in 40 CFR
                               1993.                 63.1110(c).
                             -------------------------------------------
                              The requirement in    The requirement to
                               40 CFR 61.357(d) to   submit the
                               submit the            information in 40
                               information in 40     CFR 61.357(d)(1)
                               CFR 61.357(d)(1)      and (d)(2) for
                               and (d)(2) if the     spent caustic,
                               TAB quantity from     dilution steam
                               your facility is      blowdown, and
                               equal to or greater   continuous
                               than 10 Mg/yr.        butadiene waste
                                                     streams.
                             -------------------------------------------
                              The requirement in    The requirement to
                               40 CFR 61.357(d)(1)   submit the
                               to submit the         information
                               information           required in 40 CFR
                               required in 40 CFR    61.357(d)(1) as
                               63.357(d)(1) to the   part of the
                               Administrator         Notification of
                               within 90 days        Compliance Status
                               after January 7,      required in 40 CFR
                               1993.                 63.1110(d).
                             -------------------------------------------
                              40 CFR 61.357(d)(3)   There is no
                               through (d)(5).       equivalent
                                                     requirement.
------------------------------------------------------------------------
2. Greater than or equal to   40 CFR 61.340.......  Sec.  61.1093.
 10 Mg/yr.
                             -------------------------------------------
                              40 CFR 61.342(f)....  Sec.  61.1096.
                             -------------------------------------------
                              The requirement to    The requirement to
                               submit the            submit the
                               information           information
                               required in 40 CFR    required in 40 CFR
                               61.357(a) to the      61.357(a) as part
                               Administrator         of the Initial
                               within 90 days        Notification
                               after January 7,      required in 40 CFR
                               1993.                 63.1110(c).
                             -------------------------------------------
                              The requirement in    The requirement to
                               40 CFR 61.357(d) to   submit the
                               submit the            information in 40
                               information in 40     CFR 61.357(d)(1)
                               CFR 61.357(d)(1)      and (d)(2) as part
                               and (d)(2) if the     of the Notification
                               TAB quantity from     of Compliance
                               your facility is      Status required in
                               equal to or greater   40 CFR 63.1110(d).
                               than 10 Mg/yr.
------------------------------------------------------------------------



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 (h). 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 519]]



                                          Table 1 to Sec.  63.1100(a)--Source Category MACT \a\ Applicability
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Source
       Source category          Storage vessels    Process vents    Transfer racks    Equipment leaks     Wastewater           Other       category MACT
                                                                                                            streams                         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.
 Production.                                                                                                                                63.1103(b)
Carbon Black Production......  No..............  Yes.............  No..............  No..............  No..............  No..............  Sec.
                                                                                                                                            63.1103(f).
Cyanide Chemicals              Yes.............  Yes.............  Yes.............  Yes.............  Yes.............  No..............  Sec.
 Manufacturing.                                                                                                                             63.1103(g).
Ethylene Production..........  Yes.............  Yes.............  Yes.............  Yes.............  Yes.............  Yes \c\.........  Sec.
                                                                                                                                            63.1103(e).
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)
Spandex Production...........  Yes.............  Yes.............  No..............  No..............  No..............  Yes \d\.........  Sec.
                                                                                                                                            63.1103(h).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Maximum achievable control technology.
\b\ Fiber spinning lines using spinning solution or suspension containing acrylonitrile.
\c\ Heat exchange systems as defined in Sec.  63.1103(e)(2).
\d\ Fiber spinning lines.

    (b) Subpart A requirements. The following provisions of subpart A of 
this part (General Provisions), Sec. Sec. 63.1 through 63.5, and 
Sec. Sec. 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.

[[Page 520]]

    (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 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

[[Page 521]]

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 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

[[Page 522]]

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 (6) of 
this section specify the applicability of this 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 Sec. 63.1102, a storage 
vessel subject to this subpart YY that is also subject to subpart G or 
CC of this part is required to comply only with the provisions of this 
subpart YY.
    (ii) After the compliance dates specified in Sec. 63.1102, a 
storage vessel that must be controlled according to the requirements of 
this subpart and subpart Ka or Kb of 40 CFR part 60 is required to 
comply only with the storage vessel requirements of this subpart.
    (2) Overlap of subpart YY with other regulations for process vents. 
(i) After the compliance dates specified in Sec. 63.1102, a process 
vent that must be controlled according to the requirements of this 
subpart and subpart G of this part is in compliance with this subpart if 
it complies with either set of requirements. The owner or operator must 
specify the rule with which they will comply in the Notification of 
Compliance Status report required by Sec. 63.1110(a)(4).
    (ii) After the compliance dates specified in Sec. 63.1102, a 
process vent that must be controlled according to the requirements of 
this subpart and subpart III, RRR or NNN of 40 CFR part 60 is required 
to comply only with the process vent requirements of this subpart.
    (3) Overlap of this subpart YY with other regulations for transfer 
racks. After the compliance dates specified in Sec. 63.1102, a transfer 
rack that must be controlled according to the requirements of this 
subpart YY and either subpart G of this part or subpart BB of 40 CFR 
part 61 is required to comply only with the transfer rack requirements 
of this subpart YY.
    (4) Overlap of subpart YY with other regulations for equipment 
leaks. (i) After the compliance dates specified in Sec. 63.1102, 
equipment that must be controlled according to this subpart and 40 CFR 
part 60, subpart VV, or 40 CFR part 61, subpart J or subpart V, is 
required only to comply with the equipment leak requirements of this 
subpart.
    (ii) After the compliance dates specified in Sec. 63.1102, 
equipment that must be controlled according to this subpart and subpart 
H of this part is in compliance with the equipment leak requirements of 
this subpart if it complies with either set of requirements. The owner 
or operator must specify the rule with which they will comply in the 
Notification of Compliance Status report required by Sec. 
63.1110(a)(4).
    (5) Overlap of subpart YY with other regulations for wastewater for 
source categories other than ethylene production. (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

[[Page 523]]

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.
    (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.
    (6) Overlap of subpart YY with other regulations for waste for the 
ethylene production source category. (i) After the compliance date 
specified in Sec. 63.1102, a waste stream that is conveyed, stored, or 
treated in a wastewater stream management unit, waste management unit, 
or wastewater treatment system that receives streams subject to both the 
control requirements of Sec. 63.1103(e)(3) for ethylene production 
sources and the provisions of Sec. Sec. 63.133 through 63.147 shall 
comply as specified in paragraphs (g)(6)(i)(A) through (C) of this 
section. Compliance with the provisions of this paragraph (g)(6)(i) 
shall constitute compliance with the requirements of this subpart for 
that waste stream.
    (A) Comply with the provisions in Sec. Sec. 63.133 through 63.137 
and 63.140 for all equipment used in the storage and conveyance of the 
waste stream.
    (B) Comply with the provisions in Sec. Sec. 63.1103(e), 63.138, and 
63.139 for the treatment and control of the waste stream.
    (C) Comply with the provisions in Sec. Sec. 63.143 through 63.148 
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 Sec. Sec. 
61.355 through 61.357.
    (ii) After the compliance date specified in Sec. 63.1102, 
compliance with Sec. 63.1103(e) shall constitute compliance with the 
Benzene Waste Operations NESHAP (subpart FF of 40 CFR part 61) for waste 
streams that are subject to both the control requirements of Sec. 
63.1103(e)(3) for ethylene production sources and the control 
requirements of 40 CFR part 61, subpart FF.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63698, 63706, Nov. 22, 
1999; 67 FR 46279, July 12, 2002; 70 FR 19272, Apr. 13, 2005]



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. The 
definitions in this section do not apply to waste requirements for 
ethylene production sources.
    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

[[Page 524]]

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 process vent that is comprised of at 
least one gas stream from a batch unit operation manifolded with at 
least one gas stream from a continuous unit operation.
    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 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

[[Page 525]]

system in organic hazardous air pollutant service as defined in Sec. 
63.1103 for the applicable process unit, whose primary product is a 
product produced by a source category subject to 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 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 which 
causes, or has the potential to

[[Page 526]]

cause, the emission limitations in an applicable standard to be 
exceeded. 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 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

[[Page 527]]

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.
    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 the point of discharge to the atmosphere (or the 
point of entry into a control device, if any) of a gas stream from a 
unit operation within a source category subject to this subpart.
    Process vent excludes the following gas stream discharges:
    (1) Relief valve discharges;
    (2) Leaks from equipment subject to this subpart;
    (3) Gas streams exiting a control device complying with this 
subpart;
    (4) Gas streams transferred to other processes (on-site or off-site) 
for reaction or other use in another process (i.e., for chemical value 
as a product, isolated intermediate, byproduct, or co-product for heat 
value);
    (5) Gas streams transferred for fuel value (i.e., net positive 
heating value), use, reuse, or sale for fuel value, use, or reuse;
    (6) Gas streams from storage vessels or transfer racks subject to 
this subpart;
    (7) Gas streams from waste management units subject to this subpart;
    (8) Gas streams from wastewater streams subject to this subpart;
    (9) Gas streams exiting process analyzers; and
    (10) Gas stream discharges that contain less than or equal to 0.005 
weight-percent total organic HAP.
    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, 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.

[[Page 528]]

    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 an affected source or 
equipment that is used to comply with this subpart, or the emptying and 
degassing of a storage vessel. For the purposes of this subpart, 
shutdown includes, but is 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. Shutdown includes the decoking of ethylene production unit 
furnaces.
    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 regulation under the 
storage vessel provisions of this subpart, means a stationary unit that 
is constructed primarily of nonearthen materials (such as wood, 
concrete, steel, fiberglass, or plastic) that provides structural 
support and is designed to hold an accumulation of liquids or other 
materials. Storage vessel includes surge control vessels and bottoms 
receiver vessels. For the purposes of regulation under the storage 
vessel provisions of this subpart, storage vessel does not include 
vessels permanently attached to motor vehicles such as trucks, railcars, 
barges, or ships; pressure vessels designed to operate in excess of 
204.9 kilopascals and without emissions to the atmosphere; or wastewater 
storage vessels. Wastewater storage vessels are covered under the 
wastewater provisions of Sec. 63.1106.
    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 the total gaseous organic 
compounds (minus methane and ethane) in a vent stream, with the 
concentrations expressed on a carbon basis.
    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. 
63.1104(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.

[[Page 529]]

    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; 66 FR 55847, Nov. 2, 2001; 67 FR 39305, June 7, 2002; 67 FR 46280, 
July 12, 2002; 71 FR 20458, Apr. 20, 2006]



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, Sec. 63.1103(d)(1)(i) for polycarbonate 
production, Sec. 63.1103(e)(1)(i) for ethylene production, Sec. 
63.1103(f)(1)(i) for carbon black production, Sec. 63.1103(g)(1)(i) for 
cyanide chemicals manufacturing, or Sec. 63.1103(h)(1)(i) for spandex 
production shall comply with the appropriate provisions of this subpart 
and the subparts referenced by this subpart according to the schedule in 
paragraph (a)(1) or (2) of this section, as appropriate. Proposal and 
effective dates are specified in Table 1 to this section.
    (1) Compliance dates for new and reconstructed sources. (i) The 
owner or operator of a new or reconstructed affected source that 
commences construction or reconstruction after the proposal date, and 
that has an initial startup before the effective date of standards for 
an affected source, shall comply with this subpart no later than the 
applicable effective date in Table 1 to Sec. 63.1102 of this section.
    (ii) The owner or operator of a new or reconstructed affected source 
that has an initial startup after the applicable effective date in Table 
1 to Sec. 63.1102 of this section shall comply with this subpart upon 
startup of the source.
    (iii) The owner or operator of an affected source that commences 
construction or reconstruction after the proposal date, but before the 
effective date in Table 1 to this section, shall comply with this 
subpart no later than the date 3 years after the effective date if the 
conditions in paragraphs (a)(1)(iii) (A) and (B) of this section are 
met.
    (A) The promulgated standards are more stringent than the proposed 
standards.
    (B) The owner or operator complies with this subpart as proposed 
during the 3-year period immediately after the effective date of 
standards for the affected source.
    (2) Compliance dates for existing sources. (i) The owner or operator 
of an existing 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 area source that increases its 
emissions of (or its potential to emit) HAP 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 
standards within 3 years of becoming a major source.

[[Page 530]]

    (b) [Reserved].

 Table 1 to Sec.  63.1102--Source Category Proposal and Effective Dates
------------------------------------------------------------------------
       Source category           Proposal date        Effective date
------------------------------------------------------------------------
(a) Acetal Resins Production.  October 14, 1998  June 29, 1999.
(b) Acrylic and Modacrylic     October 14, 1998  June 29, 1999.
 Fibers Production.
(c) Hydrogen Fluoride          October 14, 1998  June 29, 1999.
 Production.
(d) Polycarbonate Production.  October 14, 1998  June 29, 1999.
(e) Ethylene Production......  December 6, 2000  July 12, 2002.
(f) Carbon Black Production..  December 6, 2000  July 12, 2002.
(g) Cyanide Chemicals          December 6, 2000  July 12, 2002.
 Manufacturing.
(h) Spandex Production.......  December 6, 2000  July 12, 2002.
------------------------------------------------------------------------


[67 FR 46280, July 12, 2002]



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. 
For purposes of regulation, surge control vessels and bottoms receivers 
that are located as part of the process train prior to the polymer 
reactor are to be regulated under the front-end process vent provisions.
    (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 
Sec. Sec. 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 Sec. Sec. 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 531]]



   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              percent by venting
                               kilopascals (for      emissions through a
                               existing sources)     closed vent system
                               or  11.7   to any combination
                               kilopascals (for      of control devices
                               new sources).         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 TRE \a\ < 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 <= TRE \a\ <=     Monitor and keep
 from continuous unit          4.0.                  records of
 operations.                                         equipment operating
                                                     parameters
                                                     specified to be
                                                     monitored under
                                                     subpart SS, Sec.
                                                     Sec.
                                                     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 HAP   standards for
                               \b\, 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 532]]

    (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 Sec. Sec. 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 533]]

this subpart. General compliance, recordkeeping, and reporting 
requirements are specified in Sec. Sec. 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      closed vent system
                               per million by        to a halogen
                               volume \b\ and an     reduction device
                               average flow rate     meeting the
                               =0.005     requirements of
                               cubic meters per      subpart SS, Sec.
                               minute.               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 534]]

 
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     b. Reduce emissions
                               per million by        of acrylonitrile by
                               volume \b\ and an     98 weight-percent,
                               average flow rate     or reduce TOC to a
                               =0.005     concentration of 20
                               cubic meters per      parts per million
                               minute.               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 Sec.
                               solution              Sec.  63.1109
                               polymerization        through 63.1110.
                               process.              Control of 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 535]]

    (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 
Sec. Sec. 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 Sec. Sec. 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 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.
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 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 0.25 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 weight-percent          or
 acrylonitrile, \a\ and        b. Comply with subpart UU of this part.
 operates  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

[[Page 536]]

(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.
    (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).

[[Page 537]]

    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.
    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 Sec. Sec. 
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 538]]



   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.
                                                     Sec.  63.996 and
                                                     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 539]]

 
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 
Sec. Sec. 63.1104 through 63.1107. An owner or

[[Page 540]]

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 Sec. Sec. 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 <=   Reduce emissions of
 cubic meters <= capacity <    maximum true vapor    total organic HAP
 151 cubic meters.             pressure of total     by 95 weight-
                               organic HAP < 76.6    percent by venting
                               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
                                                     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 <=           vapor pressure of     total organic HAP
 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 <= capacity <    vapor pressure of     total organic HAP
 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                           HAP by 98 weight-
 \a\.                                                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 541]]

 
                                                    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\ <=    Monitor and keep
 continuous unit operations    4.0.                  records of
 or a combined vent stream                           equipment operating
 \a\.                                                parameters
                                                     specified to be
                                                     monitored under
                                                     subpart SS, Sec.
                                                     Sec.  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 HAP \e\,      equipment leaks
                               and operates = 300 hours    or subpart UU
                               per 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 542]]


   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      a. Reduce emissions
 cubic meters <=capacity       <=maximum true        of total organic
 <151 cubic meters.            vapor pressure of     HAP by 95 weight-
                               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.  vapor pressure of     total organic HAP
                               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       vapor pressure of     total organic HAP
 <151 cubic meters.            total organic HAP     by 95 weight-
                               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 543]]

 
4. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a TRE \b,c\ <=9.6.    of total organic
 or a combined vent stream                           HAP by 98 weight-
 \a\.                                                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, \d\,
                                                     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
                               contacts = 5 weight-        (national emission
                               percent total         standards for
                               organic HPA \e\,      equipment leaks
                               and operates = 300 hours    or subpart UU
                               per year.             (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 1 of
  Sec.  63.1104(j)(1) 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.

    (e) Ethylene production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the ethylene 
production (as defined in paragraph (e)(2) of this section) source 
category, the affected source shall comprise all emission points listed 
in paragraphs (e)(1)(i) (A) through (G) of this section that are 
associated with an ethylene production unit that is located at a major 
source, as defined in section 112(a) of the Act.
    (A) All storage vessels (as defined in Sec. 63.1101) that store 
liquids containing organic HAP.

[[Page 544]]

    (B) All ethylene process vents (as defined in paragraph (e)(2) of 
this section) from continuous unit operations.
    (C) All transfer racks (as defined in paragraph (e)(2) of this 
section) that load HAP-containing material.
    (D) Equipment (as defined in Sec. 63.1101) that contains or 
contacts organic HAP.
    (E) All waste streams (as defined in paragraph (e)(2) of this 
section) associated with an ethylene production unit.
    (F) All heat exchange systems (as defined in paragraph (e)(2) of 
this section) associated with an ethylene production unit.
    (G) All ethylene cracking furnaces and associated decoking 
operations.
    (ii) Exceptions. The emission points listed in paragraphs (e)(1)(ii) 
(A) through (L) of this section are in the ethylene production source 
category but are not subject to the requirements of paragraph (e)(3) of 
this section.
    (A) Equipment that is located within an ethylene production unit 
that is subject to this subpart but does not contain organic HAP.
    (B) Stormwater from segregated sewers.
    (C) Water from fire-fighting and deluge systems in segregated 
sewers.
    (D) Spills.
    (E) Water from safety showers.
    (F) Water from testing of fire-fighting and deluge systems.
    (G) Vessels storing organic liquids that contain organic HAP as 
impurities.
    (H) Transfer racks, loading arms, or loading hoses that only 
transfer liquids containing organic HAP as impurities.
    (I) Transfer racks, loading arms, or loading hoses that vapor 
balance during all transfer operations.
    (J) Air emissions from all ethylene cracking furnaces, including 
emissions during decoking operations.
    (K) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere.
    (L) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships.
    (iii) Exclusions. The provisions of this subpart do not apply to 
process units and emission points subject to subparts F, G, H, I and CC 
of this part.
    (iv) Compliance schedule. The compliance schedule for the ethylene 
production source category is specified in Sec. 63.1102.
    (2) Definitions. Ethylene process vent means a gas stream with a 
flow rate greater than 0.005 standard cubic meters per minute containing 
greater than 20 parts per million by volume HAP that is continuously 
discharged during operation of an ethylene production unit, as defined 
in this section. Ethylene process vents are gas streams that are 
discharged to the atmosphere (or the point of entry into a control 
device, if any) either directly or after passing through one or more 
recovery devices. Ethylene process vents do not include relief valve 
discharges; gaseous streams routed to a fuel gas system; leaks from 
equipment regulated under this subpart; episodic or nonroutine releases 
such as those associated with startup, shutdown, and malfunction; and in 
situ sampling systems (online analyzers).
    Ethylene production or production 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 production unit includes the separation of ethylene and/or 
propylene from associated streams such as a C4 product, 
pyrolysis gasoline, and pyrolysis fuel oil. Ethylene production does not 
include the manufacture of SOCMI chemicals such as the production of 
butadiene from the C4 stream and aromatics from pyrolysis 
gasoline.
    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 an entire recirculating or once-through cooling system.
    Organic HAP means the compounds listed in Table 1 to subpart XX of 
this part.
    Transfer rack means the collection of loading arms and loading hoses 
at a single loading rack that is used to fill tank trucks and/or 
railcars with organic HAP. Transfer rack includes the associated pumps, 
meters, shutoff valves, relief valves, and other piping and valves. 
Transfer rack does not include racks, arms, or hoses that contain 
organic HAP only as impurities;

[[Page 545]]

or racks, arms, or hoses that vapor balance during all loading 
operations.
    Waste means any material resulting from industrial, commercial, 
mining, or agricultural operations, or from community activities, that 
is discarded or is being accumulated, stored, or physically, chemically, 
thermally, or biologically treated prior to being discarded, recycled, 
or discharged.
    Waste stream means the waste generated by a particular process unit, 
product tank, or waste management unit. The characteristics of the waste 
stream (e.g., flow rate, HAP concentration, water content) are 
determined at the point of waste generation. Examples of a waste stream 
include process wastewater, product tank drawdown, sludge and slop oil 
removed from waste management units, and landfill leachate.
    (3) Requirements. The owner or operator must control organic HAP 
emissions from each affected source emission point by meeting the 
applicable requirements specified in Table 7 to this section. An owner 
or operator must perform the applicability assessment procedures and 
methods for process vents specified in Sec. 63.1104, except for 
paragraphs (d), (g), (h), (i), (j), (l)(1), and (n). An owner or 
operator must perform the applicability assessment procedures and 
methods for equipment leaks specified in Sec. 63.1107. General 
compliance, recordkeeping, and reporting requirements are specified in 
Sec. Sec. 63.1108 through 63.1112. Minimization of emissions from 
startup, shutdown, and malfunctions 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 alternate means of emission limitations are specified in 
Sec. 63.1113.

   Table 7 to Sec.  63.1103(e)--What Are My Requirements if I Own or
     Operate an Ethylene Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
(a) A storage vessel (as      (1) The maximum true  (i) Fill the vessel
 defined in Sec.  63.1101)    vapor pressure of     through a submerged
 that stores liquid            total organic HAP     pipe; or
 containing organic HAP.       is =3.4   (ii) Comply with the
                               kilopascals but       requirements for
                               <76.6 kilopascals;    storage vessels
                               and the capacity of   with capacities =95 cubic
                               thn-eq>=4 cubic       meters.
                               meters but <=95
                               cubic meters.
(b) A storage vessel (as      (1) The maximum true  (i) Comply with the
 defined in Sec.  63.1101)    vapor pressure of     requirements of
 that stores liquid            total organic HAP     subpart WW of this
 containing organic HAP.       is =3.4    part; or
                               kilopascals but      (ii) Reduce
                               <76.6 kilopascals;    emissions of total
                               and the capacity of   organic HAP by 98
                               the vessel is =95 cubic      venting emissions
                               meters.               through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices and
                                                     meet the
                                                     requirements of
                                                     Sec.
                                                     63.982(a)(1).
(c) A storage vessel (as      (1) The maximum true  (i) Reduce emissions
 defined in Sec.  63.1101)    vapor pressure of     of total organic
 that stores liquid            total organic HAP     HAP by 98 weight-
 containing organic HAP.       is =76.6   percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     and meet the
                                                     requirements of
                                                     Sec.
                                                     63.982(a)(1).
(d) An ethylene process vent  (1) The process vent  (i) Reduce emissions
 (as defined in paragraph      is at an existing     of organic HAP by
 (e)(2) of this section).      source and the vent   98 weight-percent;
                               stream has a flow     or reduce organic
                               rate =0.011 scmm and    concentration of 20
                               a total organic HAP   parts per million
                               concentration =50 parts      whichever is less
                               per million by        stringent, by
                               volume; or the        venting emissions
                               process vent is at    through a closed
                               a new source and      vent system to any
                               the vent stream has   combination of
                               a flow rate =0.008 scmm and    meet the
                               a total organic HAP   requirements
                               concentration =30 parts      63.982(b) and
                               per million by        (c)(2).
                               volume.
(e) A transfer rack (as       (1) Materials loaded  (i) Reduce emissions
 defined in paragraph (e)(2)   have a true vapor     of organic HAP by
 of this section).             pressure of total     98 weight-percent;
                               organic HAP =3.4 kilopascals   HAP or TOC to a
                               and =76    concentration of 20
                               cubic meters per      parts per million
                               day (averaged over    by volume;
                               any consecutive 30-   whichever is less
                               day period) of HAP-   stringent, by
                               containing material   venting emissions
                               is loaded.            through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices as
                                                     specified in Sec.
                                                     63.1105; or

[[Page 546]]

 
                                                    (ii) Install process
                                                     piping designed to
                                                     collect the HAP-
                                                     containing vapors
                                                     displaced from tank
                                                     trucks or railcars
                                                     during loading and
                                                     to route it to a
                                                     process, a fuel gas
                                                     system, or a vapor
                                                     balance system, as
                                                     specified in Sec.
                                                     63.1105.
(f) Equipment (as defined in  (1) The equipment     Comply with the
 Sec.  63.1101) that          contains or           requirements of
 contains or contacts          contacts =5 weight-         part.
                               percent organic
                               HAP; and the
                               equipment is not in
                               vacuum service.
(g) Processes that generate   (1) The waste stream  (i) Comply with the
 waste (as defined in          contains any of the   waste requirements
 paragraph (e)(2) of this      following HAP:        of subpart XX of
 section.                      benzene, cumene,      this part. For
                               ethyl benzene,        ethylene
                               hexane,               manufacturing
                               naphthalene,          process unit waste
                               styrene, toluene, o-  stream
                               xylene, m-xylene, p-  requirements, terms
                               xylene, or 1,3-       have the meanings
                               butadiene.            specified in
                                                     subpart XX.
(h) A heat exchange system    ....................  Comply with the heat
 (as defined in paragraph                            exchange system
 (e)(2) of this section).                            requirements of
                                                     subpart XX of this
                                                     part.
------------------------------------------------------------------------

    (f) Carbon black production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the carbon 
black production source category (as defined in paragraph (f)(2) of this 
section), the affected source shall comprise each carbon black 
production process unit located at a major source, as defined in section 
112(a) of the Act. The affected source for the carbon black production 
source category includes all waste management units, maintenance 
wastewater, and equipment components that contain or contact HAP that 
are associated with the carbon black production process unit.
    (ii) Compliance schedule. The compliance schedule for the carbon 
black production and acetylene decomposition carbon black production 
affected sources, as defined in paragraph (f)(1)(i) of this section, is 
specified in Sec. 63.1102.
    (2) Definitions. Carbon black production means the production of 
carbon black by either the furnace, thermal, acetylene decomposition, or 
lampblack processes.
    Carbon black production unit means the equipment assembled and 
connected by hard-piping or duct work to process raw materials to 
manufacture, store, and transport a carbon black product. For the 
purposes of this subpart, a carbon black production process unit 
includes reactors and associated operations; associated recovery 
devices; and any feed, intermediate and product storage vessels, product 
transfer racks, and connected ducts and piping. A carbon black 
production 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.
    Dryer means a rotary-kiln dryer that is heated externally and is 
used to dry wet pellets in the wet pelletization process.
    Main unit filter means the filter that separates the carbon black 
from the tailgas.
    Process filter means the filter that separates the carbon black from 
the conveying air.
    Purge filter means the filter that separates the carbon black from 
the dryer exhaust.
    (3) Requirements. (i) Table 8 to this section specifies the carbon 
black production standards applicability for existing and new sources. 
Applicability assessment procedures and methods are specified in Sec. 
63.1104. An owner or operator of an affected source is not required to 
perform applicability tests 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 Sec. Sec. 
63.1108 through

[[Page 547]]

63.1112. Procedures for approval of alternative means of emission 
limitations are specified in Sec. 63.1113.
    (ii) Pressure relief devices used to protect against overpressure in 
the case of catastrophic failure of your process filter system are 
exempt from the closed vent system inspection requirements of Sec. 
63.983(b) and (c). Exempt pressure relief devices must be designated and 
identified in your Notification of Compliance Status report.

   Table 8 to Sec.  63.1103(f)--What Are My Requirements if I Own or
   Operate a Carbon Black Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
(a) A carbon black            (1) The HAP           (i) Reduce emissions
 production main unit filter   concentration of      of HAP by using a
 process vent.                 the emission stream   flare meeting the
                               is equal to or        requirements of
                               greater than 260      subpart SS of this
                               parts per million     part; or
                               by volume \a\.       (ii) Reduce
                                                     emissions of total
                                                     HAP by 98 weight-
                                                     percent or 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
                                                     Sec.
                                                     63.982(a)(2).
------------------------------------------------------------------------
\a\ The weight-percent organic HAP is determined according to the
  procedures specified in Sec.  63.1104(e).

    (g) Cyanide chemicals manufacturing applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the cyanide 
chemicals manufacturing source category, the affected source shall 
include each cyanide chemicals manufacturing process unit located at a 
major source, as defined in section 112(a) of the Act. The affected 
source shall also include all waste management units, maintenance 
wastewater, and equipment (as defined in Sec. 63.1101) that contain or 
contact cyanide chemicals that are associated with the cyanide chemicals 
manufacturing process unit.
    (ii) Compliance schedule. The compliance schedule for the affected 
source, as defined in paragraph (f)(1)(i) of this section, is specified 
in Sec. 63.1102.
    (2) Definitions. Andrussow process unit means a process unit that 
produces hydrogen cyanide by reacting methane and ammonia in the 
presence of oxygen over a platinum/rhodium catalyst. An Andrussow 
process unit begins at the point at which the raw materials are stored 
and ends at the point at which refined hydrogen cyanide is reacted as a 
raw material in a downstream process, burned on-site as fuel in a boiler 
or industrial furnace, or is shipped offsite. If raw hydrogen cyanide 
from the reactor is reacted with sodium hydroxide to form sodium cyanide 
prior to the refining process, the unit operation where sodium cyanide 
is formed is considered to be part of the Andrussow process unit.
    Blausaure Methane Anlage (BMA) process unit means a process unit 
that produces hydrogen cyanide by reacting methane and ammonia over a 
platinum catalyst. A BMA process unit begins at the point at which raw 
materials are stored and ends at the point at which refined hydrogen 
cyanide is reacted as a raw material in a downstream process, burned on-
site as a fuel in a boiler or industrial furnace, or is shipped offsite. 
If raw hydrogen cyanide from the reactor is reacted with sodium 
hydroxide to form sodium cyanide prior to the refining process, the unit 
operation where sodium cyanide is formed is considered to be part of the 
BMA process unit.
    Byproduct means a chemical that is produced coincidentally during 
the production of another chemical.
    Cyanide chemicals manufacturing process unit or CCMPU means the 
equipment assembled and connected by hard-piping or duct work to process 
raw materials to manufacture, store, and transport a cyanide chemicals 
product. A cyanide chemicals manufacturing process unit shall be limited 
to any one of the following: an Andrussow process unit, a BMA process 
unit, a sodium cyanide process unit, or a Sohio hydrogen cyanide process 
unit. For the

[[Page 548]]

purpose of this subpart, a cyanide chemicals manufacturing process unit 
includes reactors and associated unit operations; associated recovery 
devices; and any feed, intermediate and product storage vessels, product 
transfer racks, and connected ducts and piping. A cyanide chemicals 
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.
    Cyanide chemicals product means either hydrogen cyanide, potassium 
cyanide, or sodium cyanide which is manufactured as the intended product 
of a CCMPU or a byproduct of the Sohio process. Other hydrogen cyanide, 
potassium cyanide, or sodium cyanide byproducts, impurities, wastes, and 
trace contaminants are not considered to be cyanide chemicals products.
    Dry-end process vent means a process vent originating from the drum 
filter or any other unit operation in the dry end of a sodium cyanide 
manufacturing process unit. For the purposes of this subpart, the dry 
end of the sodium cyanide process unit begins in the unit operation 
where water is removed from the sodium cyanide, usually in the drum 
filter, and ends when the sodium cyanide is used as a raw material in a 
downstream process, or is shipped offsite.
    Organic HAP means, for purposes of applicability of the requirements 
of this subpart, all hydrogen cyanide compounds.
    Raw hydrogen cyanide means hydrogen cyanide that has not been 
through the refining process. Raw hydrogen cyanide usually has a 
hydrogen cyanide concentration less than 10 percent.
    Refined hydrogen cyanide means hydrogen cyanide that has been 
through the refining process. Refined hydrogen cyanide usually has a 
hydrogen cyanide concentration greater than 99 percent.
    Refining process means the collection of equipment in a cyanide 
chemicals manufacturing processing unit used to concentrate raw hydrogen 
cyanide from a concentration around 10 percent or less to refined 
hydrogen cyanide at a concentration greater than 99 percent.
    Sodium cyanide process unit means a process unit that produces 
sodium cyanide by reacting hydrogen cyanide and sodium hydroxide via the 
neutralization, or wet, process. A sodium cyanide process unit begins at 
the unit operation where refined hydrogen cyanide is reacted with sodium 
hydroxide and ends at the point the solid sodium cyanide product is 
shipped offsite or used as a raw material in a downstream process. If 
raw hydrogen cyanide is reacted with sodium hydroxide to form sodium 
cyanide prior to the hydrogen cyanide refining process, the unit 
operation where sodium cyanide is formed is not considered to be part of 
the sodium cyanide process unit. For this type of process, the sodium 
cyanide process unit begins at the point that the aqueous sodium cyanide 
stream leaves the unit operation where the sodium cyanide is formed. In 
situations where potassium hydroxide is substituted for sodium hydroxide 
to produce potassium cyanide, the process unit is still considered a 
sodium cyanide process unit.
    Sohio hydrogen cyanide process unit means a process unit that 
produces hydrogen cyanide as a byproduct of the acrylonitrile production 
process when acrylonitrile is manufactured using the Sohio process. A 
Sohio hydrogen cyanide process unit begins at the point the hydrogen 
cyanide leaves the unit operation where the hydrogen cyanide is 
separated from the acrylonitrile (usually referred to as the heads 
column). The Sohio hydrogen cyanide process unit ends at the point 
refined hydrogen cyanide is reacted as a raw material in a downstream 
process, burned on-site as fuel in a boiler or industrial furnace, or is 
shipped offsite. If raw hydrogen cyanide is reacted with sodium 
hydroxide to form sodium cyanide prior to the refining process, the unit 
operation where sodium cyanide is formed is considered to be part of the 
Sohio hydrogen cyanide process unit.
    Wet-end process vent means a process vent originating from the 
reactor, crystallizer, or any other unit operation in the wet end of the 
sodium cyanide process unit. For the purposes of this subpart, the wet 
end of the sodium cyanide process unit begins at the point at which the 
raw materials are

[[Page 549]]

stored and ends just prior to the unit operation where water is removed 
from the sodium cyanide, usually in the drum filter. Wastewater streams 
containing discarded wastewater from the sodium cyanide production 
process are not considered to be part of the wet-end sodium cyanide 
process. Discarded wastewater that is no longer used in the production 
process is considered to be process and/or maintenance wastewater. Vents 
from process and maintenance wastewater operations are not wet-end 
process vents.
    (3) Requirements. Table 9 to this section specifies the cyanide 
chemicals manufacturing standards applicable to existing and new 
sources. Applicability assessment procedures and methods are specified 
in Sec. 63.1104. An owner or operator of an affected source is not 
required to perform applicability tests 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 Sec. Sec. 63.1108 through 63.1112. Procedures for approval 
of alternative means of emission limitations are specified in Sec. 
63.1113.
    (4) Determination of overall HAP emission reduction for a process 
unit. (i) The owner or operator shall determine the overall HAP emission 
reduction for process vents in a process unit using Equation 1 of this 
section. The overall organic HAP emission reduction shall be determined 
for all process vents in the process unit.
[GRAPHIC] [TIFF OMITTED] TR12JY02.015

Where:

REDCCMPU=Overall HAP emission reduction for the group of 
process vents in the CCMPU, percent.
Eunc,i=Uncontrolled HAP emissions from process vent i that is 
controlled by using a combustion, recovery, or recapture device, kg/yr.
n=Number of process vents in the process unit that are controlled by 
using a combustion, recovery, or recapture device.
Ri=Control efficiency of the combustion, recovery, or 
recapture device used to control HAP emissions from vent i, determined 
in accordance with paragraph (g)(4)(ii) of this section.
Eunc,j=Uncontrolled HAP emissions from process vent j that is 
not controlled by using a combustion, recovery, or recapture device, kg/
yr.
m=Number of process vents in the process unit that are not controlled by 
using a combustion, recovery, or recapture device.

    (ii) The control efficiency shall be assigned as specified in 
paragraph (g)(4)(ii) (A) or (B) of this section.
    (A) If the process vent is controlled using a flare in accordance 
with the provisions of Sec. 63.987, or a combustion device in 
accordance with the provisions of Sec. 63.988(b)(2), for which a 
performance test has not been conducted, the control efficiency shall be 
assumed to be 98 weight-percent. For hydrogen-fueled flares, an owner or 
operator may use a control efficiency greater than 98 weight-percent if 
they can provide engineering calculations and supporting information 
demonstrating a greater control efficiency.
    (B) If the process vent is controlled using a combustion, recovery, 
or recapture device for which a performance test has been conducted in 
accordance with the provisions of Sec. 63.997, the control efficiency 
shall be the efficiency determined by the performance test.
    (5) Source category specific modifications to testing procedures. 
(i) When identifying equipment subject to any equipment leak 
requirements, an owner or operator is allowed to designate specific 
components of such

[[Page 550]]

equipment as never being safe to monitor with their Notification of 
Compliance Status report and periodic compliance reports. In order for 
an owner or operator to designate such equipment as never being safe to 
monitor, they must certify that monitoring such equipment at any time 
the CCMPU is operating is never safe (e.g., monitoring this equipment 
would present an unreasonable hazard or preclude testing personnel from 
meeting emergency evacuation requirements). If it is demonstrated to the 
Administrator's satisfaction that equipment designated by the owner or 
operator as never safe to monitor is appropriately designated, an owner 
or operator will not be required to monitor such equipment.
    (ii) For process vent hydrogen cyanide emissions that are vented to 
a control device other than a flare during startup, shutdown, and 
malfunction, the design evaluation must include documentation that the 
control device being used achieves the required control efficiency 
during the reasonably expected maximum flow rate and emission rate 
during startup, shutdown, and malfunction.
    (iii) If a facility controls process vent emissions during startup, 
shutdown, and malfunction by using a flare, an owner or operator is not 
required to perform flow rate and heat content testing as specified in 
Sec. 63.987(b)(3)(ii) and (iii). In lieu of performing flow rate and 
heat content testing, an owner or operator is required to submit 
engineering calculations that substantiate that a flare meets the 
applicable heat content or flow rates, or provide data from a compliance 
assessment that the flare is in compliance under worst case conditions 
(e.g., maximum operating conditions).
    (iv) If flare velocity and net heating value testing, as specified 
in Sec. 63.11(b)(6)(ii) and (b)(7)(i), would create an unreasonable 
hazard for testing personnel, an owner or operator is allowed to submit 
engineering calculations that substantiate vent stream velocity and heat 
content of a flare in lieu of test data. These calculations are required 
to be submitted with the facilities' compliance test notification report 
for approval by the Administrator.
    (v) The data from any performance test method used to measure HCN 
concentrations must be validated using EPA Method 301 (40 CFR part 63, 
appendix A).

   Table 9 to Sec.  63.1103(g)--What Are My Requirements if I Own or
   Operate a Cyanide Chemicals Manufacturing Existing or New Affected
                                 Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
(a) A storage vessel........  (1) The storage       (i) Reduce emissions
                               vessel contains       of hydrogen cyanide
                               refined hydrogen      by using a flare
                               cyanide.              meeting the
                                                     requirements of
                                                     Sec.  63.982(b);
                                                     or
                                                    (ii) Reduce
                                                     emissions of
                                                     hydrogen cyanide by
                                                     98 weight-percent,
                                                     or to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(c)(1)
                                                     or (d).
(b) A process vent from a     ....................  (i) Reduce overall
 continuous unit operations                          annual emissions of
 in an Andrussow, BMA, or                            total HAP from the
 Sohio hydrogen cyanide                              collection of
 process unit.                                       process vents from
                                                     continuous unit
                                                     operations in the
                                                     process by 98
                                                     weight-percent in
                                                     accordance with
                                                     paragraph (g)(4) of
                                                     this section. Any
                                                     control device used
                                                     to reduce emissions
                                                     from one or more
                                                     process vents from
                                                     continuous unit
                                                     operations in the
                                                     process unit must
                                                     meet the applicable
                                                     requirements
                                                     specified in Sec.
                                                     63.982(a)(2); or
                                                    (ii) Reduce
                                                     emissions of total
                                                     HAP from each
                                                     process vent from a
                                                     continuous unit
                                                     operation in the
                                                     process unit by
                                                     using a flare
                                                     meeting the
                                                     requirements
                                                     specified in Sec.
                                                     63.982(b); or

[[Page 551]]

 
                                                    (iii) Reduce
                                                     emissions of total
                                                     HAP from each
                                                     process vent from a
                                                     continuous unit
                                                     operation in the
                                                     process unit by 98
                                                     weight-percent or
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume,
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(c)(2)
                                                     or (d).
(c) One or more wet end       ....................  (i) Reduce overall
 process vents, as defined                           annual emissions of
 in paragraph (g)(2) of this                         total HAP from the
 section, in a sodium                                collection of
 cyanide process unit.                               process vents from
                                                     continuous unit
                                                     operations in the
                                                     process unit by 98
                                                     weight-percent in
                                                     accordance with
                                                     paragraph (g)(4) of
                                                     this section. Any
                                                     control device used
                                                     to reduce emissions
                                                     from one or more
                                                     process vents from
                                                     continuous unit
                                                     operations in the
                                                     process unit must
                                                     meet the applicable
                                                     requirements of
                                                     Sec.
                                                     63.982(a)(2); or
                                                    (ii) Reduce
                                                     emissions of total
                                                     HAP from each wet-
                                                     end process vent in
                                                     the process unit by
                                                     using a flare
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(b);
                                                     or
                                                    (iii) Reduce
                                                     emissions of total
                                                     HAP from each wet-
                                                     end process vent by
                                                     98 weight-percent,
                                                     or to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume, by
                                                     venting emissions
                                                     through a closed
                                                     vent system and any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(c)(2)
                                                     or (d).
(d) One or more dry end       ....................  (i) Reduce overall
 process vents, as defined                           annual emissions of
 in paragraph (g)(2) of this                         sodium cyanide from
 section, in a sodium                                the collection of
 cyanide process unit.                               process vents from
                                                     continuous unit
                                                     operations in the
                                                     process unit by 98
                                                     weight-percent in
                                                     accordance with
                                                     paragraph (g)(4) of
                                                     this section. Any
                                                     control device used
                                                     to reduce emissions
                                                     from one or more
                                                     process vents from
                                                     continuous unit
                                                     operations in the
                                                     process unit must
                                                     meet the applicable
                                                     requirements of
                                                     Sec.
                                                     63.982(a)(2); or
                                                    (ii) Reduce
                                                     emissions of sodium
                                                     cyanide from each
                                                     dry-end process
                                                     vent in the process
                                                     unit by 98 weight-
                                                     percent by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(c)(2)
                                                     or (d).
(e) A transfer rack.........  (1) The transfer      (i) Reduce emissions
                               rack is used to       of hydrogen cyanide
                               load refined          by using a flare
                               hydrogen cyanide      meeting the
                               into tank trucks      requirements of
                               and/or rail cars.     Sec.  63.982(b);
                                                     or
                                                    (ii) Reduce
                                                     emissions of
                                                     hydrogen cyanide by
                                                     98 weight-percent,
                                                     or 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
                                                     specified in Sec.
                                                     63.982(c)(1),
                                                     (c)(2), or (d).
(f) A new cyanide chemicals   (1) The process       (i) Achieve a
 manufacturing process unit    wastewater is from    combined removal
 that generates process        HCN purification,     and control of HAP
 wastewater.                   ammonia               from wastewater of
                               purification, or      93 weight-percent.
                               flare blowdown.
(g) A cyanide chemicals       (1) The maintenance   (i) Comply with the
 manufacturing process unit    wastewater contains   requirements of
 that generates maintenance    hydrogen cyanide or   Sec.  63.1106(b).
 wastewater.                   acetonitrile.

[[Page 552]]

 
(h) An item of equipment      (1) The item of       (i) Comply with the
 listed in Sec.               equipment meets the   requirements in
 63.1106(c)(1) that            criteria specified    Table 35 of subpart
 transports or contains        in Sec.              G of this part.
 wastewater liquid streams     63.1106(c)(1)
 from a cyanide chemicals      through (3) and
 manufacturing process unit.   either (c)(4)(i) or
                               (ii).
(i) Equipment, as defined     (1) The equipment     (i) Comply with
 under Sec.  63.1101.         contains or           either subpart TT
                               contacts hydrogen     or UU of this part,
                               cyanide and           and paragraph
                               operates equal to     (g)(5) of this
                               or greater then 300   section, with the
                               hours per year.       exception that open-
                                                     ended lines that
                                                     contain or contact
                                                     hydrogen cyanide
                                                     are exempt from any
                                                     requirements to
                                                     install a cap,
                                                     plug, blind flange,
                                                     or second valve to
                                                     be capped.
------------------------------------------------------------------------

    (h) Spandex production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the spandex 
production (as defined in paragraph (h)(2) of this section) source 
category, the affected source shall comprise all emission points listed 
in paragraphs (h)(1)(i)(A) through (C) of this section that are 
associated with a spandex production process unit located at a major 
source, as defined in section 112(a) of the Act.
    (A) All process vents (as defined in Sec. 63.1101).
    (B) All storage vessels (as defined in Sec. 63.1101) that store 
liquids containing organic HAP.
    (C) All spandex fiber spinning lines using a spinning solution 
having organic HAP.
    (ii) Exceptions. The emission points listed in paragraphs 
(h)(1)(ii)(A) and (B) of this section are in the spandex production 
source category but are not subject to the requirements of paragraph 
(h)(3) of this section.
    (A) Equipment that is located within a spandex production process 
unit that is subject to this subpart but does not contain organic HAP.
    (B) Vessels storing organic liquids that contain organic HAP as 
impurities.
    (C) Emission points listed in paragraphs (h)(1)(i)(A) through (C) of 
this section that are associated with a dry spinning spandex production 
process unit.
    (iii) Compliance schedule. The compliance schedule for affected 
sources, as defined in paragraph (h)(1)(i) of this section, is specified 
in paragraph (b) of Sec. 63.1102.
    (2) Definitions. Dry spinning means a fiber-forming process where 
prepolymer is reacted with a chain-extender to generate polymer prior to 
spinning; the polymer is dissolved in a solvent and is extruded into a 
cell of hot gases for fiber formation.
    Fiber spinning line means the group of equipment and process vents 
associated with spandex fiber spinning operations. The fiber spinning 
line includes the blending and dissolving tanks, spinning solution 
filters, spinning units, spin bath tanks, and the equipment used 
downstream of the spin bath to wash, draw, or dry on the wet belt the 
spun fiber.
    Reaction spinning means a fiber-forming process where prepolymer is 
extruded into a spin bath that contains a chain-extender; the chemical 
reaction to make polymer occurs simultaneously with extrusion/fiber 
formation.
    Spandex or spandex fiber means a manufactured synthetic fiber in 
which the fiber-forming substance is a long-chain polymer comprised of 
at least 85 percent by mass of a segmented polyurethane.
    Spandex production means the production of synthetic spandex fibers.
    Spandex production process unit means a process unit that is 
specifically used for the production of synthetic spandex fibers.
    (3) Requirements. Table 10 to this section specifies the spandex 
production source category requirements for new

[[Page 553]]

and existing sources. An owner or operator must perform the 
applicability assessment procedures and methods for process vents 
specified in Sec. 63.1104, excluding paragraphs (b)(1), (d), (g), (h), 
(i), (j), (l)(1), and (n). General compliance, recordkeeping, and 
reporting requirements are specified in Sec. Sec. 63.1108 through 
63.1112. Minimization of emissions from startup, shutdown, and 
malfunctions 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 alternate 
means of emission limitations are specified in Sec. 63.1113.

   Table 10 to Sec.  63.1103(h)--What Are My Requirements if I Own or
 Operate a Spandex Production Process Unit at a New or Existing Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
(a) A storage vessel (as      (1) The maximum true  (i) Comply with the
 defined in Sec.  63.1101)    vapor pressure of     requirements of
 that stores liquid            the organic HAP is    subpart WW of this
 containing organic HAP.       = 3.4      part; or
                               kilopascals; and     (ii) Reduce
                               the capacity of the   emissions of
                               vessel is = 47 cubic         weight-percent by
                               meters.               venting emissions
                                                     in through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, as specified
                                                     in Sec.
                                                     63.982(a)(1).
(b) A process vent..........  ....................  Reduce emissions of
                                                     organic HAP by 95
                                                     weight-percent, or
                                                     reduce 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
                                                     Sec.
                                                     63.982(a)(2).
(c) A fiber spinning line...  ....................  Operate the fiber
                                                     spinning line such
                                                     that emissions are
                                                     captured and vented
                                                     through a line
                                                     closed vent system
                                                     to a control device
                                                     that complies with
                                                     the requirements of
                                                     Sec.
                                                     63.982(a)(2). If a
                                                     control device
                                                     other than a flare
                                                     is used, HAP
                                                     emissions must be
                                                     reduced by 95
                                                     weight-percent, or
                                                     total organic HAP
                                                     or TOC must be
                                                     reduced to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent.
------------------------------------------------------------------------


[64 FR 34921, June 29, 1999, as amended at 64 FR 63699, 63706, Nov. 22, 
1999; 64 FR 71852, Dec. 22, 1999; 66 FR 55847, Nov. 2, 2001; 67 FR 
39305, June 7, 2002; 67 FR 46281, July 12, 2002; 67 FR 46293, July 12, 
2002; 70 FR 19272, Apr. 13, 2005]



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 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 (including control by flare) in 
accordance with the applicable weight-percent, TOC concentration, or 
organic HAP 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

[[Page 554]]

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 assessments for 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 product in excess 
of demand.
    (e) TOC or Organic HAP concentration. The TOC or organic HAP 
concentrations 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 40 
CFR part 63. For concentrations 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

[[Page 555]]

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 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, 2D, 2F, or 2G 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:

[[Page 556]]

[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 steam 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 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.

[[Page 557]]

    (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.

                                   Table 1 of Sec.  63.1104(j)(1)--Coefficients for Total Resource Effectiveness \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Values of coefficients
         Existing or new?            Halogenated vent       Control device   ---------------------------------------------------------------------------
                                          stream?               basis                 A                  B                  C                  D
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing.........................  Yes.................  Thermal Incinerator  3.995              5.200x10-2         -1.769x10-3        9.700x10 -4
                                                          and Scrubber.
                                   No..................  Flare..............  1.935              3.660x10 -1        -7.687x10 -3       -7.333x10 -4
                                                         Thermal Incinerator  1.492              6.267x10 -2        3.177x10 -2        -1.159x10 -3
                                                          0 Percent Recovery.
                                                         Thermal Incinerator  2.519              1.183x10 -2        1.300x10 -2        4.790x10 -2
                                                          70 Percent
                                                          Recovery.
New..............................  Yes.................  Thermal Incinerator  1.0895             1.417x10 -2        -4.822x10 -4       2.645x10 -4
                                                          and Scrubber.
                                   No..................  Flare..............  5.276x10 -1        9.98x10 -2         -2.096x10 -3       2.000x10 -4
                                                         Therman Incinerator  4.068x10 -1        1.71x10 -2         8.664x10 -3        -3.162x10 -4
                                                          0 Percent Recovery.
                                                         Thermal Incinerator  6.868x10 -1        3.209x10 -3        3.546x10 -3        1.306x10 -2
                                                          70 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.

    (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

[[Page 558]]

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 a 
process vent flow rate or process vent organic HAP or TOC concentration 
is being determined for comparison with the applicable flow rate or 
concentration value presented in the tables in Sec. 63.1103 to 
determine control requirement applicability, engineering assessment may 
be used to determine the flow rate or concentration for the 
representative operating conditions 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 determination. Documentation of 
engineering assessments shall include all data, assumptions, and

[[Page 559]]

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 this subpart 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 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; 
67 FR 39307, June 7, 2002; 67 FR 42688, July 12, 2002]

[[Page 560]]



Sec. 63.1105  Transfer racks.

    (a) Design requirements. The owner or operator shall equip each 
transfer rack with one of the control options listed in paragraphs 
(a)(1) through (4) of this section.
    (1) A closed vent system designed to collect HAP-containing vapors 
displaced from tank trucks or railcars during loading and to route the 
collected vapors to a flare. The owner or operator must meet the 
requirements of Sec. 63.982(a)(3).
    (2) A closed vent system designed to collect HAP-containing vapors 
displaced from tank trucks or railcars during loading and to route the 
collected vapors to a control device other than a flare. The owner or 
operator must meet the requirements of Sec. 63.982(a)(3).
    (3) Process piping designed to collect the HAP vapors displaced from 
tank trucks or railcars during loading and to route the collected vapors 
to a process where the HAP vapors shall predominantly meet one of, or a 
combination of, the ends specified in paragraphs (a)(3)(i) through (iv) 
of this section or to a fuel gas system. The owner or operator must meet 
the requirements of Sec. 63.982(a)(3).
    (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 
HAP;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (4) Process piping designed to collect the HAP vapors displaced from 
tank trucks or railcars during loading and to route the collected vapors 
to a vapor balance system. The vapor balance system must be designed to 
route the collected HAP 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 collected HAP vapors to a 
process.
    (b) Operating requirements. An owner or operator of a transfer rack 
shall operate it in such a manner that emissions are routed through the 
equipment specified in paragraph (a) of this section.
    (c) Control device operation. Whenever HAP emissions are vented to a 
control device used to comply with the provisions of this subpart, such 
control device shall be operating.
    (d) Tank trucks and railcars. The owner or operator shall load HAP-
containing materials only into tank trucks and railcars that meet the 
requirement in paragraph (d)(1) or (2) of this section and shall 
maintain the records specified in paragraph (i) of this section.
    (1) Have a current certification in accordance with the U.S. 
Department of Transportation (DOT) 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 paragraph (h) of this section. 
Vapor-tight means that the pressure in a truck or railcar tank will not 
drop more than 750 pascals within 5 minutes after it is pressurized to a 
minimum of 4,500 pascals.
    (e) Pressure relief device. The owner or operator of a transfer rack 
subject to the provisions of this subpart shall ensure that no pressure 
relief device in the loading equipment of each tank truck or railcar 
shall begin to open to the atmosphere during loading. Pressure relief 
devices needed for safety purposes are not subject to the requirements 
of this paragraph.
    (f) Compatible system. The owner or operator of a transfer rack 
subject to the provisions of this subpart shall load HAP-containing 
materials only to tank trucks or railcars equipped with a vapor 
collection system that is compatible with the transfer rack's closed 
vent system or process piping.
    (g) Loading while systems connected. The owner or operator of a 
transfer rack subject to this subpart shall load HAP-containing material 
only to tank trucks or railcars whose collection systems are connected 
to the transfer rack's closed vent system or process piping.
    (h) Vapor tightness procedures. For the purposes of demonstrating 
vapor tightness to determine compliance with paragraph (d)(2) of this 
section, the procedures and equipment specified in paragraphs (h)(1) and 
(2) shall be used.

[[Page 561]]

    (1) The pressure test procedures specified in Method 27 of appendix 
A to 40 CFR part 60.
    (2) A pressure measurement device that has a precision of 2.5 millimeters of mercury or better and that is capable 
of measuring above the pressure at which the tank truck or railcar is to 
be tested for vapor tightness.
    (i) Recordkeeping. The owner or operator of a transfer rack shall 
record that the verification of DOT tank certification or Method 27 of 
appendix A to 40 CFR part 60 testing required in Sec. 63.84(c) 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.

[67 FR 46288, July 12, 2002]



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 Sec. Sec. 63.132 through 63.148.
    (1) When terms used in Sec. Sec. 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 Sec. Sec. 63.132 through 
63.148 that are not defined in Sec. 63.1101, the definitions in 
Sec. Sec. 63.101 and 63.111 shall apply.
    (2) When the term chemical manufacturing production process unit, or 
CMPU, is used in Sec. Sec. 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 Sec. Sec. 
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 Sec. Sec. 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. Sec. 63.119(c) and 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. Sec. 63.143(c), (d), (e)(3) and 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 Sec. Sec. 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 Sec. Sec. 63.132 through 63.148, the Periodic Report 
requirements contained in Sec. 63.1110(a)(4) shall apply, for purposes 
of this subpart.

[[Page 562]]

    (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 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. Sec. 63.101 and 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 m\3\ 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

[[Page 563]]

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 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. 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

[[Page 564]]

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 
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.
    (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 Sec. 
63.1111(a)), 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;

[[Page 565]]

    (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 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; 
71 FR 20458, Apr. 20, 2006]



Sec. 63.1109  Recordkeeping requirements.

    (a) Maintaining notifications, records, and reports. Except as 
provided in paragraph (b) of this section, the owner or

[[Page 566]]

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 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 readily accessed and are 
suitable for inspection. 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).

[64 FR 34921, June 29, 1999, as amended at 67 FR 39307, June 7, 2002]



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

[[Page 567]]

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 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

[[Page 568]]

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 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 a written

[[Page 569]]

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 operator by the affected source's compliance date under this subpart. 
The requirement to develop 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 YY shall operate and maintain such affected source (including 
associated air pollution control equipment and CPMS) in a manner 
consistent with safety and good air pollution control practices for 
minimizing emissions to the extent practical. The general duty to 
minimize emissions during a period of startup, shutdown, or malfunction 
does not require the owner or operator to achieve emission levels that 
would be required by the applicable standard at other times if this is 
not consistent with safety and good air pollution control practices, nor 
does it require the owner or operator to make any further efforts to 
reduce emissions if levels required by the applicable standard have been 
achieved. Determination of whether such 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 by this section), 
review of operation and maintenance records, and inspection of the 
source.
    (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

[[Page 570]]

    (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 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

[[Page 571]]

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]

[64 FR 34921, June 29, 1999, as amended at 71 FR 20458, Apr. 20, 2006]



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) 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

[[Page 572]]

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 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

[[Page 573]]

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 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

[[Page 574]]

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 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

[[Page 575]]

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.
    (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

[[Page 576]]

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 
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

[[Page 577]]

of the procedures to be applied, the location and the procedure for 
conducting the alternative, the concentration or response levels of the 
alternative relative accuracy materials, and the other equipment checks 
included in the alternative procedure(s). The Administrator will review 
the petition for completeness and applicability. The Administrator's 
determination to approve an alternative will depend on the intended use 
of the CEMS data and may require specifications more stringent than in 
Performance Specification 2.
    (iii) Rescission of approval to use alternative to relative accuracy 
test. The Administrator will review the permission to use an alternative 
to the CEMS relative accuracy test and may rescind such permission if 
the CEMS data from a successful completion of the alternative relative 
accuracy procedure indicate that the affected source's emissions are 
approaching the level of the relevant standard. The criterion for 
reviewing the permission is that the collection of CEMS data shows that 
emissions have exceeded 70 percent of the relevant standard for any 
averaging period, as specified in the relevant standard. For affected 
sources subject to emission limitations expressed as control efficiency 
levels, the criterion for reviewing the permission is that the 
collection of CEMS data shows that exhaust emissions have exceeded 70 
percent of the level needed to meet the control efficiency requirement 
for any averaging period, as specified in the relevant standard. The 
owner or operator of the affected source shall maintain records and 
determine the level of emissions relative to the criterion for 
permission to use an alternative for relative accuracy testing. If this 
criterion is exceeded, the owner or operator shall notify the 
Administrator within 10 days of such occurrence and include a 
description of the nature and 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

[[Page 578]]

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.
    (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.



Sec. 63.1114  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
the applicable State, local, or tribal agency. If the EPA Administrator 
has delegated authority to a State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. Contact 
the applicable EPA Regional Office to find out if this subpart is 
delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraphs (b)(1) through (5) of 
this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.

[[Page 579]]

    (1) Approval of alternatives to the nonopacity emissions standards 
in Sec. 63.1103(a)(3), (b)(3) through (5), (c)(3), (d)(3), (e)(3), 
(f)(3), (g)(3) and (4), and (h)(3) under Sec. 63.6(g). Follow the 
requirements in Sec. 63.1113 to request permission to use an 
alternative means of emission limitation. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart.
    (2) [Reserved]
    (3) Approval of major changes to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (4) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.

[67 FR 46289, July 12, 2002]

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 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.

[[Page 580]]

    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.



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.

[[Page 581]]



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;
    (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,

[[Page 582]]

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.
    (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

[[Page 583]]

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. Sec. 
63.1157(a), 63.1157(b), 63.1158(a), and 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 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.

[[Page 584]]

    (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 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 Sec. Sec. 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

[[Page 585]]

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 Sec. Sec. 
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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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 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

[[Page 586]]

during any period of startup, shutdown, or malfunction. Malfunctions 
must be corrected as soon as practicable after their occurrence.
    (1) Plan. As required by Sec. 63.6(e)(3) of subpart A of this part, 
the owner or operator shall develop 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 standards.
    (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.

[64 FR 33218, June 22, 1999, as amended at 71 FR 20458, Apr. 20, 2006]



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 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.

[[Page 587]]

    (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  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (8) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.1155, 63.1157 through 63.1159, and 63.1160(a).
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of any alternative measurement methods for HCl and 
CL2 to those specified in Sec. 63.1161(d)(1).
    (4) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (5) Approval of any alternative monitoring requirements to those 
specified in Sec. Sec. 63.1162(a)(2) through (5) and 63.1162(b)(1) 
through (3).
    (6) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (7) Waiver of recordkeeping requirements specified in Sec. 63.1165.
    (8) Approval of an alternative schedule for conducting performance 
tests to the requirement specified in Sec. 63.1162(a)(1).

[68 FR 37356, June 23, 2003]



Sec. Sec. 63.1167-63.1174  [Reserved]



    Sec. Table 1 to Subpart CCC of Part 63--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.

[[Page 588]]

 
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 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

[[Page 589]]

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 Sec. Sec. 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 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.

[[Page 590]]

    (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.

                    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

[[Page 591]]

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 Sec. Sec. 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:
    (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

[[Page 592]]

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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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.
    (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

[[Page 593]]

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/m\3\ (28.3 L/ft\3\).
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 the CO and formaldehyde 
percent reduction performance standards:
[GRAPHIC] [TIFF OMITTED] TR01JN99.017

where:


[[Page 594]]


%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.



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:

[[Page 595]]

    (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 implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.1177 through 63.1180.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.

[[Page 596]]

    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37356, June 23, 2003]



Sec. Sec. 63.1197-63.1199  [Reserved]



    Sec. 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].
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
                                       Requirements.                                      specifies 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.

[[Page 597]]

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

[[Page 598]]

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



Sec. 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.

                              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 [rarr] 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
------------------------------------------------------------------------


[[Page 599]]

    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

                    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 601]]



                              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.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 603]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2009)

                      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--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)

[[Page 604]]

      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)

                   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)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       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 (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      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 (Parts 4300--
                4399)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)

[[Page 605]]

     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture

[[Page 606]]

         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)
       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)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      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 Policy and New Uses, 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 607]]

    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)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 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)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

[[Page 608]]

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
       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)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

[[Page 609]]

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, 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)

[[Page 610]]

      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     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 Service, 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 (Parts 900--999)

[[Page 611]]

         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  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                HousingCommissioner, 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)

[[Page 612]]

      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--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)

[[Page 613]]

       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)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security 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)

[[Page 614]]

       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)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     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 Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)

[[Page 615]]

        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 Improvmeent, 
                Department of Education [Reserved]
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             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)
        VI  [Reserved]
       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)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

[[Page 616]]

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        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 Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       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)
        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 Service, Department of 
                Labor (Parts 61-1--61-999)
            Chapters 62--100 [Reserved]
            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)
            Chapters 103--104 [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 617]]

       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)
            Chapters 129--200 [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [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 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 618]]

                       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) 
                [Reserved]
         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)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)

[[Page 619]]

        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  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  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)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        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 [Reserved]

[[Page 620]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        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  Pipeline and Hazardous Materials Safety 
                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 Homeland Security (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  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International 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)

[[Page 621]]

         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 623]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2009)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            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                               2, IX; 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, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  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
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
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

[[Page 624]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
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
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
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
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                       5, LXVIII; 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
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  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, United States      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
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 625]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Human Resources Management and Labor Relations  5, XCIX
       Systems
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 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
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
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
Election Assistance Commission                    11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
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                   2, XV; 5, LIV; 40, I, IV, 
                                                  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                5, III, LXXVII; 14, VI; 
                                                  48, 99

[[Page 626]]

  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-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
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 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 Agency                    12, XII
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

[[Page 627]]

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
  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 Accountability Office                  4, I
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          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  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
  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
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 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
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII

[[Page 628]]

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
Industry and Security, Bureau of                  15, VII
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
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
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 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 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
Investment Security, Office of                    31, VIII
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                                2, XXVII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  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
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V

[[Page 629]]

  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
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of 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
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 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      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
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 Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
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 Intelligence, Office of Director of      32, XVII
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

[[Page 630]]

National Science Foundation                       2, XXV; 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
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 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
Patent and Trademark Office, United States        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 Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Human Resources Management and Labor Relations  5, XCIX
       Systems, Department of Defense
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory 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
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
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
[[Page 631]]

Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 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                                  2, VI; 22, I; 28, XI
  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                     2, XII; 5, L
  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
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  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 Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, 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                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8

[[Page 632]]

Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the 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 633]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, 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, 2001, see the ``List of CFR Sections Affected, 1964-
1972, 1964-1972, 1973-1985, and 1986-2000'' published in 10 separate 
volumes.

                                  2001

40 CFR
                                                                   66 FR
                                                                    Page
63.640 (b) revised.................................................28841
63.600--63.610 (Subpart AA) Appendix A amended.....................65077
63.620 (a) revised; (e) added......................................65077
63.625 (f)(1) and (2) revised......................................65077
63.620--63.631 (Subpart BB) Appendix A amended.....................65078
63.684 (b)(1)(ii) revised...........................................1266
63.685 (i) introductory text; (i)(4) added..........................1266
63.691 (a) revised..................................................1266
63.693 (d)(3) introductory text, (ii), (4)(i), (e)(3)(ii), 
        (f)(3)(iii) and (g)(3)(ii) revised; (d)(4)(iii) added.......1266
63.694 (b)(2)(iii) and (l)(3)(ii)(A) revised........................1267
63.680--63.698 (Subpart DD) Table 2 amended.........................1267
63.760 (a)(1) introductory text revised............................34550
63.761 Amended.....................................................34551
63.762 (d) revised; (e) added......................................34551
63.764 (a), (e)(1) introductory text, (2) introductory text and 
        (i) revised................................................34551
63.765 (c)(3) introductory text revised............................34551
63.769 (a) introductory text and (c)(6) revised....................34551
63.771 (b)(1) and (e)(2) revised...................................34552
63.772 (c)(6)(i), (e)(1)(i), (3) introductory text, (iii)(B) 
        introductory text, (1), (f) introductory text, (g) 
        introductory text, (2) introductory text, (iii) 
        introductory text and (3) revised; (e)(3)(iii)(B)(4) added
                                                                   34552
63.773 (c)(2)(i)(A), (B), (ii)(A), (B), (C), (iii)(A), (B), (d)(1) 
        introductory text, (5) introductory text and (6)(iv) 
        revised....................................................34553
63.774 (b)(4)(i), (ii)(A), (8), (d)(2)(i), (ii) and (e)(3) revised
                                                                   34554
63.775 (d) introductory text, (1) introductory text, (2) 
        introductory text, (9), (e)(1), (2) introductory text and 
        (ii)(D) revised; (d)(1)(i) and (2)(i) amended; 
        (d)(i)(iii), (2)(iii, (12) and (e)(2)(x) added.............34554
63.760--63.779 (Subpart HH) Table 2 amended........................34554
63.860--63.868 (Subpart MM) Added...................................3193
63.861 Amended.....................................................16408
63.863 (a) revised; (c) added......................................16408
    (a) and (b) revised............................................37593
63.865 (a) introductory text, (b) introductory text, (2), (4), (c) 
        introductory text and (d) introductory text revised; 
        (a)(3) and (4) removed; (b)(5) and (6) added...............37593
63.866 (d) added...................................................16408
63.867 (a) revised.................................................16408
63.860--63.868 (Subpart MM) Table 1 amended........................16408
63.924 (c)(2) revised...............................................1267

[[Page 634]]

63.962 (b)(3)(ii)(A) revised........................................1267
63.965 (b) revised..................................................1267
63.966 Revised......................................................1267
63.1045 (b)(3)(ii) revised..........................................1268
63.1101 Amended....................................................55847
63.1103 (a)(1)(i)(A) revised.......................................55847

                                  2002

40 CFR
                                                                   67 FR
                                                                    Page
63 Technical correction.............................................1295
    Authority delegation notice.............................48036, 70170
63.602 (d) revised..........................................40579, 40817
63.604 Revised.....................................................40818
63.624 Revised.....................................................40818
63.981 Amended.....................................................46277
63.983 (a)(3)(i), (ii) and (b) heading revised; (b)(4) added.......46277
63.987 (b)(3)(ii) amended; (b)(3)(iii) revised.....................46277
63.992 Added.......................................................46277
63.997 (e)(2)(ii), (iii) introductory text, (D) and (iv) 
        introductory text revised; (e)(2)(iii)(C)(1) amended; 
        (e)(2)(iii)(E) and (iv)(F) through (I) added; 
        (e)(2)(iv)(B)(2) and (3) removed...........................46277
63.1000 (b) added..................................................46278
63.1019 (f) added..................................................46279
63.1067 Added......................................................46279
63.1080--63.1097 (Subpart XX) Added................................46271
63.1100 (a), Table 1 and (g) introductory text amended; (g)(1) 
        through (4) and (5) heading revised; (g)(6) added..........46279
63.1101 Amended; eff. 7-29-02......................................39305
    Amended........................................................46280
63.1102 (a) revised; (b) and Table 1 added.........................46280
63.1103 (d)(3) Tables 5 and 6 amended; eff. 7-29-02................39305
    (e) through (h) added..........................................46281
    (h)(1)(i) introductory text revised; (h)(1)(ii)(C) added; 
(h)(2) amended.....................................................46293
63.1104 (c) and (g)(1) amended; (d)(3) and (j)(1) Table 1 revised; 
        eff. 7-29-02...............................................39307
    (a), (e) introductory text, (f)(1), (k) introductory text and 
(m)(2)(i) introductory text amended................................46288
63.1105 Added......................................................46288
63.1109 (c) amended; eff. 7-29-02..................................39307
63.1114 Added......................................................46289

                                  2003

40 CFR
                                                                   68 FR
                                                                    Page
Chapter I
63.611 Added; eff. 8-22-03.........................................37351
63.632 Added; eff. 8-22-03.........................................37351
63.655 Added; eff. 8-22-03.........................................37351
63.684 (e)(1) revised; eff. 8-22-03................................37351
63.693 (c)(2)(iii) revised; eff. 8-22-03...........................37351
63.695 (a)(4) revised; (c)(1)(ii)(C) and (D) added; eff. 8-22-03 
                                                                   37352
63.698 Revised; eff. 8-22-03.......................................37352
63.708 Revised; eff. 8-22-03.......................................37352
63.744 (a)(1) amended; (a)(2) revised; (a)(4) added; eff. 8-22-03 
                                                                   37352
63.759 Added; eff. 8-22-03.........................................37352
63.771 (c)(3)(i)(A) and (B) revised; eff. 8-22-03..................37353
63.773 (c)(2) introductory text revised; (c)(2)(iv) added; eff. 8-
        22-03......................................................37353
63.776 Revised; eff. 8-22-03.......................................37353
63.789 Added; eff. 8-22-03.........................................37353
63.803 (a) revised; eff. 8-22-03...................................37353
63.808 Revised; eff. 8-22-03.......................................37354
63.831 Revised; eff. 8-22-03.......................................37354
63.853 Revised; eff. 8-22-03.......................................37354
63.860 (b) introductory text and (5) revised; (b)(7) added..........7713
63.861 Amended......................................................7713
63.862 (a)(1)(i)(B) and (2) revised; (d) added......................7713
    (b)(1) revised.................................................67954
63.863 (c)(1) revised..............................................46108
63.864 Revised......................................................7713
    (a), (b), (c), (d)(1), (2), (e)(1) through (9), (f), (h), (i), 
(j)(5) and (6) removed.............................................42605
    (d) introductory text, (e)(10) introductory text and (e)(11) 
revised............................................................67955
63.865 Introductory text, (a)(2)(vi) and (b)(5)(i) through (iv) 
        added; (a)(1), (b) introductory text, (1), (2), (3), (5), 
        (c), (d) introductory text and (1) revised; (e) and (f) 
        removed.....................................................7716
    (a)(1) revised..........................................42605, 67955
63.866 (c)introductory text, (1) and (2) revised; (c)(7) added......7718
63.867 (a)(3) added.................................................7718
    (a)(3) revised.................................................42605

[[Page 635]]

    (a)(2) revised.................................................46108
63.908 Added; eff. 8-22-03.........................................37354
63.929 Added; eff. 8-22-03.........................................37355
63.949 Added; eff. 8-22-03.........................................37355
63.967 Added; eff. 8-22-03.........................................37355
63.1050 Added; eff. 8-22-03........................................37355
63.1101 Corrected; CFR correction...................................6635
63.1166 Revised; eff. 8-22-03......................................37356
63.1195 Revised; eff. 8-22-03......................................37356

                                  2004

40 CFR
                                                                   69 FR
                                                                    Page
Title 40 Nomenclature change.......................................18803
Chapter I
63 Policy statement................................................58837
63.860--63.868 (Subpart MM) Table 1 amended........................25323
63.866 (a)(1) introductory text, (b) and (c)(4) revised............25323
63.867 (c) introductory text revised...............................25323

                                  2005

40 CFR
                                                                   70 FR
                                                                    Page
Chapter I
63 Policy statement.........................................15994, 33000
    Authority delegation notices...................................36515
    Actions on petitions...........................................69655
63.842 Amended.....................................................66284
63.843 (a)(2)(iii) revised.........................................66284
63.847 (a) introductory text and (c) revised.......................66284
63.850 (a)(7) and (8) revised; (a)(9) added........................66285
63.840--63.859 (Subpart LL) Table 2 and Appendix A amended.........66285
63.1086 (a)(2)(ii), (5), (b)(1)(ii) and (4) revised................19271
63.1095 (a) introductory text, (b) introductory text and (2) 
        revised....................................................19272
63.1100 (g)(1)(i) and (3) revised..................................19272
63.1103 (e)(1)(ii)(J) revised; (e)(2), (b)(3)(ii) Table 3 and (e) 
        Table 7 amended............................................19272

                                  2006

40 CFR
                                                                   71 FR
                                                                    Page
Chapter I
63.600 (e) revised.................................................20457
63.620 (e) revised.................................................20457
63.695 (e)(6)(i)(A) revised........................................20457
63.743 (b) introductory text amended...............................20457
63.773 (d)(8)(i)(A) revised........................................20457
63.760--63.779 (Subpart HH) Table 2 amended........................20457
63.781 (b), (c) and (d) redesignated as (c), (d) and (e); new (b) 
        added......................................................78374
63.782 Amended.....................................................78374
63.784 (a) revised.................................................78374
63.820 (a)(2) introductory text revised; eff. 8-22-06..............29799
63.821 (a)(1), (2) introductory text, (i), (ii)(A), (3), (b)(1) 
        and (2) revised; (a)(4) through (8) added; eff. 8-22-06....29799
63.822 (a) amended; (b)(12) revised; (b)(6), (22), (32) and (36) 
        removed; eff. 8-22-06......................................29800
63.824 (b)(1)(i)(A), (ii)(A), (2)(ii) and (3)(i) revised; eff. 8-
        22-06......................................................29801
63.825 (b) introductory text amended; (b)(6), (c)(2)(iii), 
        (d)(1)(iv) and (2) revised; eff. 8-22-06...................29801
63.827 (a)(1)(i), (ii), (b), (c), (d)(1)(vi), (viii), (e)(1) and 
        (2) revised; eff. 8-22-06..................................29802
63.828 (a)(3) revised; eff. 8-22-06................................29804
63.829 (e)(1) and (2) revised; eff. 8-22-06........................29804
63.830 (b)(6) introductory text revised; eff. 8-22-06..............29804
63.820--63.839 (Subpart KK) Appendix A amended; eff. 8-22-06.......29804
63.848 (h) amended.................................................20458
63.850 (c) introductory text amended...............................20458
63.864 (k)(1) introductory text revised; (k)(2)(v) amended.........20458
63.866 (a) introductory text amended...............................20458
63.998 (b)(2)(iii) and (6)(i)(A) revised; (b)(6)(ii) amended.......20458
63.1101 Amended....................................................20458
63.1108 (a)(1) introductory text amended; (a)(6) and (b)(2)(i) 
        revised....................................................20458
63.1111 (a)(1) introductory text amended; (a)(2) revised...........20458
63.1164 (c) introductory text amended; (c)(1) revised..............20459

[[Page 636]]

                                  2007

40 CFR
                                                                   72 FR
                                                                    Page
Chapter I
63 Policy statement.................................................1937
    Actions on petitions...........................................19385
63.760 (a)(1) introductory text, (b), (e)(2), (f) introductory 
        text and (g) introductory text revised; (f)(1), (2) and 
        (h) amended; (f)(3) through (6) added.........................36
63.761 Amended........................................................37
63.762 (e) revised....................................................38
63.764 (d) added; (e)(1) introductory text amended....................38
63.765 (a) revised....................................................38
63.772 (a)(1), (e)(3)(iii) introductory text and (B)(2) revised; 
        (b)(2)(ii) and (e)(3)(iv) introductory text amended...........38
63.774 (b) introductory text and (d)(1) introductory text revised; 
        (f) added.....................................................39
63.775 (c) and (e)(3) added; (e) introductory text revised............39
63.760--63.779 (Subpart HH) Appendix amended..........................40
63.781 Regulation at 71 FR 78374 withdrawn..........................8631
63.782 Regulation at 71 FR 78374 withdrawn..........................8631
63.784 Regulation at 71 FR 78374 withdrawn..........................8631
63.1103 (e)(2) corrected; CFR correction...........................35663

                                  2008

40 CFR
                                                                   73 FR
                                                                    Page
Chapter I
63.760--63.779 (Subpart HH) Table 2 amended........................78214

                                  2009

   (Regulations published from January 1, 2009, through July 1, 2009)


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