[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.  63.6580 to 63.8830)

                         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........................     403
      Alphabetical List of Agencies Appearing in the CFR......     423
      List of CFR Sections Affected...........................     433

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 63.6580 
                       refers to title 40, part 
                       63, section 6580.

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

[[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

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OMB CONTROL NUMBERS

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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 
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OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
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This material, like any other properly issued regulation, has the force 
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publication in accordance with 1 CFR part 51.
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CFR INDEXES AND TABULAR GUIDES

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the revision dates of the 50 CFR titles.




[[Page vii]]



REPUBLICATION OF MATERIAL

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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, Susannah C. Hurley 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. 63.6580 to 63.8830)

  --------------------------------------------------------------------
                                                                    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 ZZZZ_National Emission Standards for Hazardous Air Pollutants 
        for Stationary Reciprocating Internal Combustion Engines

                        What This Subpart Covers

Sec.
63.6580 What is the purpose of subpart ZZZZ?
63.6585 Am I subject to this subpart?
63.6590 What parts of my plant does this subpart cover?
63.6595 When do I have to comply with this subpart?

                          Emission Limitations

63.6600 What emission limitations and operating limitations must I meet 
          if I own or operate a stationary RICE with a site rating of 
          more than 500 brake HP located at a major source of HAP 
          emissions?
63.6601 What emission limitations must I meet if I own or operate a 4SLB 
          stationary RICE with a site rating of greater than or equal to 
          250 brake HP and less than 500 brake HP located at a major 
          source of HAP emissions?

                     General Compliance Requirements

63.6605 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.6610 By what date must I conduct the initial performance tests or 
          other initial compliance demonstrations if I own or operate a 
          stationary RICE with a site rating of more than 500 brake HP 
          located at a major source of HAP emissions?
63.6611 By what date must I conduct the initial performance tests or 
          other initial compliance demonstrations if I own or operate a 
          4SLB SI stationary RICE with a site rating of greater than or 
          equal to 250 and less than or equal to 500 brake HP located at 
          a major source of HAP emissions?
63.6615 When must I conduct subsequent performance tests?
63.6620 What performance tests and other procedures must I use?
63.6625 What are my monitoring, installation, operation, and maintenance 
          requirements?
63.6630 How do I demonstrate initial compliance with the emission 
          limitations and operating limitations?

                   Continuous Compliance Requirements

63.6635 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.6640 How do I demonstrate continuous compliance with the emission 
          limitations and operating limitations?

                   Notification, Reports, and Records

63.6645 What notifications must I submit and when?
63.6650 What reports must I submit and when?
63.6655 What records must I keep?
63.6660 In what form and how long must I keep my records?

                   Other Requirements and Information

63.6665 What parts of the General Provisions apply to me?
63.6670 Who implements and enforces this subpart?
63.6675 What definitions apply to this subpart?

Table 1a to Subpart ZZZZ of Part 63--Emission Limitations for Existing, 
          New, and Reconstructed Spark Ignition, 4SRB Stationary RICE 
          500 HP Located at a Major Source of HAP Emissions
Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for Existing, 
          New, and Reconstructed Spark Ignition, 4SRB Stationary RICE 
          500 HP Located at a Major Source of HAP Emissions
Table 2a to Subpart ZZZZ of Part 63--Emission Limitations for New and 
          Reconstructed 2SLB and Compression Ignition Stationary RICE 
          500 HP and 4SLB Stationary RICE =250 HP 
          Located at a Major Source of HAP Emissions
Table 2b to Subpart ZZZZ of Part 63--Operating Limitations for New and 
          Reconstructed 2SLB and Compression Ignition Stationary RICE 
          500 HP and 4SLB Burn Stationary RICE 
          =250 HP Located at a Major Source of HAP Emissions
Table 3 to Subpart ZZZZ of Part 63--Subsequent Performance Tests
Table 4 to Subpart ZZZZ of Part 63--Requirements for Performance Tests
Table 5 to Subpart ZZZZ of Part 63--Initial Compliance with Emission 
          Limitations and Operating Limitations
Table 6 to Subpart ZZZZ of Part 63--Continuous Compliance with Emission 
          Limitations and Operating Limitations

[[Page 6]]

Table 7 to Subpart ZZZZ of Part 63--Requirements for Reports
Table 8 to Subpart ZZZZ of Part 63--Applicability of General Provisions 
          to Subpart ZZZZ

 Subpart AAAAA_National Emission Standards for Hazardous Air Pollutants 
                      for Lime Manufacturing Plants

                        What This Subpart Covers

63.7080 What is the purpose of this subpart?
63.7081 Am I subject to this subpart?
63.7082 What parts of my plant does this subpart cover?
63.7083 When do I have to comply with this subpart?

                          Emission Limitations

63.7090 What emission limitations must I meet?

                     General Compliance Requirements

63.7100 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.7110 By what date must I conduct performance tests and other initial 
          compliance demonstrations?
63.7111 When must I conduct subsequent performance tests?
63.7112 What performance tests, design evaluations, and other procedures 
          must I use?
63.7113 What are my monitoring installation, operation, and maintenance 
          requirements?
63.7114 How do I demonstrate initial compliance with the emission 
          limitations standard?

                   Continuous Compliance Requirements

63.7120 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7121 How do I demonstrate continuous compliance with the emission 
          limitations standard?

                   Notifications, Reports, and Records

63.7130 What notifications must I submit and when?
63.7131 What reports must I submit and when?
63.7132 What records must I keep?
63.7133 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.7140 What parts of the General Provisions apply to me?
63.7141 Who implements and enforces this subpart?
63.7142 What are the requirements for claiming area source status?
63.7143 What definitions apply to this subpart?

Table 1 to Subpart AAAAA of Part 63--Emission Limits
Table 2 to Subpart AAAAA of Part 63--Operating Limits
Table 3 to Subpart AAAAA of Part 63--Initial Compliance with Emission 
          Limits
Table 4 to Subpart AAAAA of Part 63--Requirements for Performance Tests
Table 5 to Subpart AAAAA of Part 63--Continuous Compliance with 
          Operating Limits
Table 6 to Subpart AAAAA of Part 63--Periodic Monitoring for Compliance 
          with Opacity and Visible Emissions Limits
Table 7 to Subpart AAAAA of Part 63--Requirements for Reports
Table 8 to Subpart AAAAA of Part 63--Applicability of General Provisions 
          to Subpart AAAAA

 Subpart BBBBB_National Emission Standards for Hazardous Air Pollutants 
                     for Semiconductor Manufacturing

                        What This Subpart Covers

63.7180 What is the purpose of this subpart?
63.7181 Am I subject to this subpart?
63.7182 What parts of my facility does this subpart cover?
63.7183 When do I have to comply with this subpart?

                           Emission Standards

63.7184 What emission limitations, operating limits, and work practice 
          standards must I meet?

                         Compliance Requirements

63.7185 What are my general requirements for complying with this 
          subpart?
63.7186 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7187 What performance tests and other compliance procedures must I 
          use?
63.7188 What are my monitoring installation, operation, and maintenance 
          requirements?

            Applications, Notifications, Reports, and Records

63.7189 What applications and notifications must I submit and when?
63.7190 What reports must I submit and when?
63.7191 What records must I keep?
63.7192 In what form and how long must I keep my records?

[[Page 7]]

                   Other Requirements and Information

63.7193 What parts of the General Provisions apply to me?
63.7194 Who implements and enforces this subpart?
63.7195 What definitions apply to this subpart?

Table 1 to Subpart BBBBB of Part 63--Requirements for Performance Tests
Table 2 to Subpart BBBBB of Part 63--Applicability of General Provisions 
          to Subpart BBBBB

 Subpart CCCCC_National Emission Standards for Hazardous Air Pollutants 
         for Coke Ovens: Pushing, Quenching, and Battery Stacks

                        What This Subpart Covers

63.7280 What is the purpose of this subpart?
63.7281 Am I subject to this subpart?
63.7282 What parts of my plant does this subpart cover?
63.7283 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.7290 What emission limitations must I meet for capture systems and 
          control devices applied to pushing emissions?
63.7291 What work practice standards must I meet for fugitive pushing 
          emissions if I have a by-product coke oven battery with 
          vertical flues?
63.7292 What work practice standards must I meet for fugitive pushing 
          emissions if I have a by-product coke oven battery with 
          horizontal flues?
63.7293 What work practice standards must I meet for fugitive pushing 
          emissions if I have a non-recovery coke oven battery?
63.7294 What work practice standard must I meet for soaking?
63.7295 What requirements must I meet for quenching?
63.7296 What emission limitations must I meet for battery stacks?

                 Operation and Maintenance Requirements

63.7300 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.7310 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.7320 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7321 When must I conduct subsequent performance tests?
63.7322 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limits for particulate 
          matter?
63.7323 What procedures must I use to establish operating limits?
63.7324 What procedures must I use to demonstrate initial compliance 
          with the opacity limits?
63.7325 What test methods and other procedures must I use to demonstrate 
          initial compliance with the TDS or constituent limits for 
          quench water?
63.7326 How do I demonstrate initial compliance with the emission 
          limitations that apply to me?
63.7327 How do I demonstrate initial compliance with the work practice 
          standards that apply to me?
63.7328 How do I demonstrate initial compliance with the operation and 
          maintenance requirements that apply to me?

                   Continuous Compliance Requirements

63.7330 What are my monitoring requirements?
63.7331 What are the installation, operation, and maintenance 
          requirements for my monitors?
63.7332 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7333 How do I demonstrate continuous compliance with the emission 
          limitations that apply to me?
63.7334 How do I demonstrate continuous compliance with the work 
          practice standards that apply to me?
63.7335 How do I demonstrate continuous compliance with the operation 
          and maintenance requirements that apply to me?
63.7336 What other requirements must I meet to demonstrate continuous 
          compliance?

                   Notifications, Reports, and Records

63.7340 What notifications must I submit and when?
63.7341 What reports must I submit and when?
63.7342 What records must I keep?
63.7343 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7350 What parts of the General Provisions apply to me?
63.7351 Who implements and enforces this subpart?
63.7352 What definitions apply to this subpart?

[[Page 8]]


Table 1 to Subpart CCCCC of Part 63--Applicability of General Provisions 
          to Subpart CCCCC

 Subpart DDDDD_National Emission Standards for Hazardous Air Pollutants 
   for Industrial, Commercial, and Institutional Boilers and Process 
                                 Heaters

                        What This Subpart Covers

63.7480 What is the purpose of this subpart?
63.7485 Am I subject to this subpart?
63.7490 What is the affected source of this subpart?
63.7491 Are any boilers or process heaters not subject to this subpart?
63.7495 When do I have to comply with this subpart?

               Emission Limits and Work Practice Standards

63.7499 What are the subcategories of boilers and process heaters?
63.7500 What emission limits, work practice standards, and operating 
          limits must I meet?

                     General Compliance Requirements

63.7505 What are my general requirements for complying with this 
          subpart?
63.7506 Do any boilers or process heaters have limited requirements?
63.7507 What are the health-based compliance alternatives for the 
          hydrogen chloride (HCl) and total selected metals (TSM) 
          standards?

       Testing, Fuel Analyses, and Initial Compliance Requirements

63.7510 What are my initial compliance requirements and by what date 
          must I conduct them?
63.7515 When must I conduct subsequent performance tests or fuel 
          analyses?
63.7520 What performance tests and procedures must I use?
63.7521 What fuel analyses and procedures must I use?
63.7522 Can I use emission averaging to comply with this subpart?
63.7525 What are my monitoring, installation, operation, and maintenance 
          requirements?
63.7530 How do I demonstrate initial compliance with the emission limits 
          and work practice standards?

                   Continuous Compliance Requirements

63.7535 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7540 How do I demonstrate continuous compliance with the emission 
          limits and work practice standards?
63.7541 How do I demonstrate continuous compliance under the emission 
          averaging provision?

                   Notifications, Reports, and Records

63.7545 What notifications must I submit and when?
63.7550 What reports must I submit and when?
63.7555 What records must I keep?
63.7560 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7565 What parts of the General Provisions apply to me?
63.7570 Who implements and enforces this subpart?
63.7575 What definitions apply to this subpart?

Table 1 to Subpart DDDDD of Part 63--Emission Limits and Work Practice 
          Standards
Table 2 to Subpart DDDDD of Part 63--Operating Limits for Boilers and 
          Process Heaters With Particulate Matter Emission Limits
Table 3 to Subpart DDDDD of Part 63--Operating Limits for Boilers and 
          Process Heaters With Mercury Emission Limits and Boilers and 
          Process Heaters That Choose To Comply With the Alternative 
          Total Selected Metals Emission Limits
Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers and 
          Process Heaters With Hydrogen Chloride Emission Limits
Table 5 to Subpart DDDDD of Part 63--Performance Testing Requirements
Table 6 to Subpart DDDDD of Part 63--Fuel Analysis Requirements
Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits
Table 8 to Subpart DDDDD of Part 63--Demonstrating Continuous Compliance
Table 9 to Subpart DDDDD of Part 63--Reporting Requirements
Table 10 to Subpart DDDDD of Part 63--Applicability of General 
          Provisions to Subpart DDDDD
Appendix A to Subpart DDDDD--Methodology and Criteria for Demonstrating 
          Eligibility for the Health-Based Compliance Alternatives

 Subpart EEEEE_National Emission Standards for Hazardous Air Pollutants 
                      for Iron and Steel Foundries

                        What This Subpart Covers

63.7680 What is the purpose of this subpart?
63.7681 Am I subject to this subpart?
63.7682 What parts of my foundry does this subpart cover?

[[Page 9]]

63.7683 When do I have to comply with this subpart?

                          Emissions Limitations

63.7690 What emissions limitations must I meet?

                         Work Practice Standards

63.7700 What work practice standards must I meet?

                 Operation and Maintenance Requirements

63.7710 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.7720 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.7730 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7731 When must I conduct subsequent performance tests?
63.7732 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emissions limitations?
63.7733 What procedures must I use to establish operating limits?
63.7734 How do I demonstrate initial compliance with the emissions 
          limitations that apply to me?
63.7735 How do I demonstrate initial compliance with the work practice 
          standards that apply to me?
63.7736 How do I demonstrate initial compliance with the operation and 
          maintenance requirements that apply to me?

                   Continuous Compliance Requirements

63.7740 What are my monitoring requirements?
63.7741 What are the installation, operation, and maintenance 
          requirements for my monitors?
63.7742 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7743 How do I demonstrate continuous compliance with the emissions 
          limitations that apply to me?
63.7744 How do I demonstrate continuous compliance with the work 
          practice standards that apply to me?
63.7745 How do I demonstrate continuous compliance with the operation 
          and maintenance requirements that apply to me?
63.7746 What other requirements must I meet to demonstrate continuous 
          compliance?
63.7747 How do I apply for alternative monitoring requirements for a 
          continuous emissions monitoring system?

                   Notifications, Reports, and Records

63.7750 What notifications must I submit and when?
63.7751 What reports must I submit and when?
63.7752 What records must I keep?
63.7753 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.7760 What parts of the General Provisions apply to me?
63.7761 Who implements and enforces this subpart?

                               Definitions

63.7765 What definitions apply to this subpart?

Table 1 to Subpart EEEEE of Part 63--Applicability of General Provisions 
          to Subpart EEEEE

 Subpart FFFFF_National Emission Standards for Hazardous Air Pollutants 
         for Integrated Iron and Steel Manufacturing Facilities

                        What This Subpart Covers

63.7780 What is the purpose of this subpart?
63.7781 Am I subject to this subpart?
63.7782 What parts of my plant does this subpart cover?
63.7783 When do I have to comply with this subpart?

                          Emission Limitations

63.7790 What emission limitations must I meet?

                 Operation and Maintenance Requirements

63.7800 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.7810 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.7820 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7821 When must I conduct subsequent performance tests?
63.7822 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limits for particulate 
          matter?
63.7823 What test methods and other procedures must I use to demonstrate 
          initial compliance with the opacity limits?
63.7824 What test methods and other procedures must I use to establish 
          and demonstrate initial compliance with the operating limits?

[[Page 10]]

63.7825 How do I demonstrate initial compliance with the emission 
          limitations that apply to me?
63.7826 How do I demonstrate initial compliance with the operation and 
          maintenance requirements that apply to me?

                   Continuous Compliance Requirements

63.7830 What are my monitoring requirements?
63.7831 What are the installation, operation, and maintenance 
          requirements for my monitors?
63.7832 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7833 How do I demonstrate continuous compliance with the emission 
          limitations that apply to me?
63.7834 How do I demonstrate continuous compliance with the operation 
          and maintenance requirements that apply to me?
63.7835 What other requirements must I meet to demonstrate continuous 
          compliance?

                   Notifications, Reports, and Records

63.7840 What notifications must I submit and when?
63.7841 What reports must I submit and when?
63.7842 What records must I keep?
63.7843 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7850 What parts of the General Provisions apply to me?
63.7851 Who implements and enforces this subpart?
63.7852 What definitions apply to this subpart?

Table 1 to Subpart FFFFF of Part 63--Emission and Opacity Limits
Table 2 to Subpart FFFFF of Part 63--Initial Compliance with Emission 
          and Opacity Limits
Table 3 to Subpart FFFFF of Part 63--Continuous Compliance with Emission 
          and Opacity Limits
Table 4 to Subpart FFFFF of Part 63--Applicability of General Provisions 
          to Subpart FFFFF

Subpart GGGGG_National Emission Standards for Hazardous Air Pollutants: 
                            Site Remediation

                        What This Subpart Covers

63.7880 What is the purpose of this subpart?
63.7881 Am I subject to this subpart?
63.7882 What site remediation sources at my facility does this subpart 
          affect?
63.7883 When do I have to comply with this subpart?

                            General Standards

63.7884 What are the general standards I must meet for each site 
          remediation with affected sources?
63.7885 What are the general standards I must meet for my affected 
          process vents?
63.7886 What are the general standards I must meet for my affected 
          remediation material management units?
63.7887 What are the general standards I must meet for my affected 
          equipment leak sources?
63.7888 How do I implement this rule at my facility using the cross-
          referenced requirements in other subparts?

                              Process Vents

63.7890 What emissions limitations and work practice standards must I 
          meet for process vents?
63.7891 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for process vents?
63.7892 What are my inspection and monitoring requirements for process 
          vents?
63.7893 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for process vents?

                                  Tanks

63.7895 What emissions limitations and work practice standards must I 
          meet for tanks?
63.7896 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for tanks?
63.7897 What are my inspection and monitoring requirements for tanks?
63.7898 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for tanks?

                               Containers

63.7900 What emissions limitations and work practice standards must I 
          meet for containers?
63.7901 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for containers?
63.7902 What are my inspection and monitoring requirements for 
          containers?
63.7903 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for containers?

                          Surface Impoundments

63.7905 What emissions limitations and work practice standards must I 
          meet for surface impoundments?
63.7906 How do I demonstrate initial compliance with the emissions 
          limitations and

[[Page 11]]

          work practice standards for surface impoundments?
63.7907 What are my inspection and monitoring requirements for surface 
          impoundments?
63.7908 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for surface 
          impoundments?

                               Separators

63.7910 What emissions limitations and work practice standards must I 
          meet for separators?
63.7911 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for separators?
63.7912 What are my inspection and monitoring requirements for 
          separators?
63.7913 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for separators?

                            Transfer Systems

63.7915 What emissions limitations and work practice standards must I 
          meet for transfer systems?
63.7916 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for transfer systems?
63.7917 What are my inspection and monitoring requirements for transfer 
          systems?
63.7918 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for transfer systems?

                             Equipment Leaks

63.7920 What emissions limitations and work practice standards must I 
          meet for equipment leaks?
63.7921 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for equipment leaks?
63.7922 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for equipment leaks?

                 Closed Vent Systems and Control Devices

63.7925 What emissions limitations and work practice standards must I 
          meet for closed vent systems and control devices?
63.7926 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for closed vent 
          systems and control devices?
63.7927 What are my inspection and monitoring requirements for closed 
          vent systems and control devices?
63.7928 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for closed vent 
          systems and control devices?

                     General Compliance Requirements

63.7935 What are my general requirements for complying with this 
          subpart?
63.7936 What requirements must I meet if I transfer remediation material 
          off-site to another facility?
63.7937 How do I demonstrate initial compliance with the general 
          standards?
63.7938 How do I demonstrate continuous compliance with the general 
          standards?

                            Performance Tests

63.7940 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7941 How do I conduct a performance test, design evaluation, or other 
          type of initial compliance demonstration?
63.7942 When must I conduct subsequent performance tests?
63.7943 How do I determine the average VOHAP concentration of my 
          remediation material?
63.7944 How do I determine the maximum HAP vapor pressure of my 
          remediation material?

                      Continuous Monitoring Systems

63.7945 What are my monitoring installation, operation, and maintenance 
          requirements?
63.7946 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7947 What are my monitoring alternatives?

                   Notifications, Reports, and Records

63.7950 What notifications must I submit and when?
63.7951 What reports must I submit and when?
63.7952 What records must I keep?
63.7953 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7955 What parts of the General Provisions apply to me?
63.7956 Who implements and enforces this subpart?
63.7957 What definitions apply to this subpart?

Table 1 to Subpart GGGGG of Part 63--List of Hazardous Air Pollutants
Table 2 to Subpart GGGGG of Part 63--Control Levels as Required by Sec. 
          63.7895(a) for Tanks Managing Remediation Material with a 
          Maximum HAP Vapor Pressure Less Than 76.6 kPa

[[Page 12]]

Table 3 to Subpart GGGGG of Part 63--Applicability of General Provisions 
          to Subpart GGGGG

Subpart HHHHH_National Emission Standards for Hazardous Air Pollutants: 
                   Miscellaneous Coating Manufacturing

                        What this Subpart Covers

63.7980 What is the purpose of this subpart?
63.7985 Am I subject to the requirements in this subpart?
63.7990 What parts of my plant does this subpart cover?

                            Compliance Dates

63.7995 When do I have to comply with this subpart?

  Emission Limits, Work Practice Standards, and Compliance Requirements

63.8000 What are my general requirements for complying with this 
          subpart?
63.8005 What requirements apply to my process vessels?
63.8010 What requirements apply to my storage tanks?
63.8015 What requirements apply to my equipment leaks?
63.8020 What requirements apply to my wastewater streams?
63.8025 What requirements apply to my transfer operations?
63.8030 What requirements apply to my heat exchange systems?

                     Alternative Means of Compliance

63.8050 How do I comply with emissions averaging for stationary process 
          vessels at existing sources?
63.8055 How do I comply with a weight percent HAP limit in coating 
          products?

                   Notifications, Reports, and Records

63.8070 What notifications must I submit and when?
63.8075 What reports must I submit and when?
63.8080 What records must I keep?

                   Other Requirements and Information

63.8090 What compliance options do I have if part of my plant is subject 
          to both this subpart and another subpart?
63.8095 What parts of the General Provisions apply to me?
63.8100 Who implements and enforces this subpart?
63.8105 What definitions apply to this subpart?

Table 1 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Process Vessels
Table 2 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Storage Tanks
Table 3 to Subpart HHHHH of Part 63--Requirements for Equipment Leaks
Table 4 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Wastewater Streams
Table 5 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Transfer Operations
Table 6 to Subpart HHHHH of Part 63--Requirements for Heat Exchange 
          Systems
Table 7 to Subpart HHHHH of Part 63--Partially Soluble Hazardous Air 
          Pollutants
Table 8 to Subpart HHHHH of Part 63--Soluble Hazardous Air Pollutants
Table 9 to Subpart HHHHH of Part 63--Requirements for Reports
Table 10 to Subpart HHHHH of Part 63--Applicability of General 
          Provisions to Subpart HHHHH

Subpart IIIII_National Emission Standards for Hazardous Air Pollutants: 
         Mercury Emissions From Mercury Cell Chlor-Alkali Plants

                        What This Subpart Covers

63.8180 What is the purpose of this subpart?
63.8182 Am I subject to this subpart?
63.8184 What parts of my plant does this subpart cover?
63.8186 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.8190 What emission limitations must I meet?
63.8192 What work practice standards must I meet?

                 Operation and Maintenance Requirements

63.8222 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.8226 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.8230 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.8232 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limits?
63.8234 What equations and procedures must I use for the initial 
          compliance demonstration?

[[Page 13]]

63.8236 How do I demonstrate initial compliance with the emission 
          limitations and work practice standards?

                   Continuous Compliance Requirements

63.8240 What are my monitoring requirements?
63.8242 What are the installation, operation, and maintenance 
          requirements for my continuous monitoring systems?
63.8243 What equations and procedures must I use to demonstrate 
          continuous compliance?
63.8244 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8246 How do I demonstrate continuous compliance with the emission 
          limitations and work practice standards?
63.8248 What other requirements must I meet?

                   Notifications, Reports, and Records

63.8252 What notifications must I submit and when?
63.8254 What reports must I submit and when?
63.8256 What records must I keep?
63.8258 In what form and how long must I keep my records?

                   Other Requirements and Information

63.8262 What parts of the General Provisions apply to me?
63.8264 Who implements and enforces this subpart?
63.8266 What definitions apply to this subpart?

Table 1 to Subpart IIIII of Part 63--Work Practice Standards--Design, 
          Operation, and Maintenance Requirements
Table 2 to Subpart IIIII of Part 63--Work Practice Standards--Required 
          Inspections
Table 3 to Subpart IIIII of Part 63--Work Practice Standards--Required 
          Actions for Liquid Mercury Spills and Accumulations and 
          Hydrogen and Mercury Vapor Leaks
Table 4 to Subpart IIIII of Part 63--Work Practice Standards--
          Requirements for Mercury Liquid Collection
Table 5 to Subpart IIIII of Part 63--Required Elements of Floor-Level 
          Mercury Vapor Measurement and Cell Room Monitoring Plans
Table 6 to Subpart IIIII of Part 63--Examples of Techniques for 
          Equipment Problem Identification, Leak Detection and Mercury 
          Vapor Measurements
Table 7 to Subpart IIIII of Part 63--Required Elements of Washdown Plans
Table 8 to Subpart IIIII of Part 63--Requirements for Cell Room 
          Monitoring Program
Table 9 to Subpart IIIII of Part 63--Required Records for Work Practice 
          Standards
Table 10 to Subpart IIIII of Part 63--Applicability of General 
          Provisions to Subpart IIIII

 Subpart JJJJJ_National Emission Standards for Hazardous Air Pollutants 
          for Brick and Structural Clay Products Manufacturing

                        What This Subpart Covers

63.8380 What is the purpose of this subpart?
63.8385 Am I subject to this subpart?
63.8390 What parts of my plant does this subpart cover?
63.8395 When do I have to comply with this subpart?

                          Emission Limitations

63.8405 What emission limitations must I meet?
63.8410 What are my options for meeting the emission limitations?

                     General Compliance Requirements

63.8420 What are my general requirements for complying with this 
          subpart?
63.8425 What do I need to know about operation, maintenance, and 
          monitoring plans?

               Testing and Initial Compliance Requirements

63.8435 By what date must I conduct performance tests?
63.8440 When must I conduct subsequent performance tests?
63.8445 How do I conduct performance tests and establish operating 
          limits?
63.8450 What are my monitoring installation, operation, and maintenance 
          requirements?
63.8455 How do I demonstrate initial compliance with the emission 
          limitations?

                   Continuous Compliance Requirements

63.8465 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8470 How do I demonstrate continuous compliance with the emission 
          limitations?

                   Notifications, Reports, and Records

63.8480 What notifications must I submit and when?
63.8485 What reports must I submit and when?
63.8490 What records must I keep?
63.8495 In what form and for how long must I keep my records?

[[Page 14]]

                   Other Requirements and Information

63.8505 What parts of the General Provisions apply to me?
63.8510 Who implements and enforces this subpart?
63.8515 What definitions apply to this subpart?

Table 1 to Subpart JJJJJ of Part 63--Emission Limits
Table 2 to Subpart JJJJJ of Part 63--Operating Limits
Table 3 to Subpart JJJJJ of Part 63--Requirements for Performance Tests
Table 4 to Subpart JJJJJ of Part 63--Initial Compliance with Emission 
          Limitations
Table 5 to Subpart JJJJJ of Part 63--Continuous Compliance with Emission 
          Limits and Operating Limits
Table 6 to Subpart JJJJJ of Part 63--Requirements for Reports
Table 7 to Subpart JJJJJ of Part 63--Applicability of General Provisions 
          to Subpart JJJJJ

 Subpart KKKKK_National Emission Standards for Hazardous Air Pollutants 
                     for Clay Ceramics Manufacturing

                        What This Subpart Covers

63.8530 What is the purpose of this subpart?
63.8535 Am I subject to this subpart?
63.8540 What parts of my plant does this subpart cover?
63.8545 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.8555 What emission limitations and work practice standards must I 
          meet?
63.8560 What are my options for meeting the emission limitations and 
          work practice standards?

                     General Compliance Requirements

63.8570 What are my general requirements for complying with this 
          subpart?
63.8575 What do I need to know about operation, maintenance, and 
          monitoring plans?

               Testing and Initial Compliance Requirements

63.8585 By what date must I conduct performance tests?
63.8590 When must I conduct subsequent performance tests?
63.8595 How do I conduct performance tests and establish operating 
          limits?
63.8600 What are my monitoring installation, operation, and maintenance 
          requirements?
63.8605 How do I demonstrate initial compliance with the emission 
          limitations and work practice standards?

                   Continuous Compliance Requirements

63.8615 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8620 How do I demonstrate continuous compliance with the emission 
          limitations and work practice standards?

                   Notifications, Reports, and Records

63.8630 What notifications must I submit and when?
63.8635 What reports must I submit and when?
63.8640 What records must I keep?
63.8645 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.8655 What parts of the General Provisions apply to me?
63.8660 Who implements and enforces this subpart?
63.8665 What definitions apply to this subpart?

Table 1 to Subpart KKKKK of Part 63--Emission Limits
Table 2 to Subpart KKKKK of Part 63--Operating Limits
Table 3 to Subpart KKKKK of Part 63--Work Practice Standards
Table 4 to Subpart KKKKK of Part 63--Requirements for Performance Tests
Table 5 to Subpart KKKKK of Part 63--Initial Compliance with Emission 
          Limitations and Work Practice Standards
Table 6 to Subpart KKKKK of Part 63--Continuous Compliance with Emission 
          Limitations and Work Practice Standards
Table 7 to Subpart KKKKK of Part 63--Requirements for Reports
Table 8 to Subpart KKKKK of Part 63--Applicability of General Provisions 
          to Subpart KKKKK

Subpart LLLLL_National Emission Standards for Hazardous Air Pollutants: 
          Asphalt Processing and Asphalt Roofing Manufacturing

                        What This Subpart Covers

63.8680 What is the purpose of this subpart?
63.8681 Am I subject to this subpart?
63.8682 What parts of my plant does this subpart cover?
63.8683 When must I comply with this subpart?

                          Emission Limitations

63.8684 What emission limitations must I meet?

[[Page 15]]

                     General Compliance Requirements

63.8685 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.8686 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.8687 What performance tests, design evaluations, and other procedures 
          must I use?
63.8688 What are my monitoring installation, operation, and maintenance 
          requirements?
63.8689 How do I demonstrate initial compliance with the emission 
          limitations?

                   Continuous Compliance Requirements

63.8690 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8691 How do I demonstrate continuous compliance with the operating 
          limits?

                   Notifications, Reports, and Records

63.8692 What notifications must I submit and when?
63.8693 What reports must I submit and when?
63.8694 What records must I keep?
63.8695 In what form and how long must I keep my records?

                   Other Requirements and Information

63.8696 What parts of the General Provisions apply to me?
63.8697 Who implements and enforces this subpart?
63.8698 What definitions apply to this subpart?

Table 1 to Subpart LLLLL of Part 63--Emission Limitations
Table 2 to Subpart LLLLL of Part 63--Operating Limits
Table 3 to Subpart LLLLL of Part 63--Requirements for Performance Tests
Table 4 to Subpart LLLLL of Part 63--Initial Compliance With Emission 
          Limitations
Table 5 to Subpart LLLLL of Part 63--Continuous Compliance with 
          Operating Limits
Table 6 to Subpart LLLLL of Part 63--Requirements for Reports
Table 7 to Subpart LLLLL of Part 63--Applicability of General Provisions 
          to Subpart LLLLL

Subpart MMMMM_National Emission Standards for Hazardous Air Pollutants: 
            Flexible Polyurethane Foam Fabrication Operations

                        What This Subpart Covers

63.8780 What is the purpose of this subpart?
63.8782 Am I subject to this subpart?
63.8784 What parts of my plant does this subpart cover?
63.8786 When do I have to comply with this subpart?

                          Emission Limitations

63.8790 What emission limitations must I meet?

                     General Compliance Requirements

63.8794 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.8798 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.8800 What performance tests and other procedures must I use to 
          demonstrate compliance with the emission limit for flame 
          lamination?
63.8802 What methods must I use to demonstrate compliance with the 
          emission limitation for loop slitter adhesive use?
63.8806 How do I demonstrate initial compliance with the emission 
          limitations?

                   Continuous Compliance Requirements

63.8810 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8812 How do I demonstrate continuous compliance with the emission 
          limitations?

                   Notifications, Reports, and Records

63.8816 What notifications must I submit and when?
63.8818 What reports must I submit and when?
63.8820 What records must I keep?
63.8822 In what form and how long must I keep my records?

                   Other Requirements and Information

63.8826 What parts of the General Provisions apply to me?
63.8828 Who implements and enforces this subpart?
63.8830 What definitions apply to this subpart?

Table 1 to Subpart MMMMM of Part 63--Emission Limits
Table 2 to Subpart MMMMM of Part 63--Operating Limits for New or 
          Reconstructed Flame Lamination Affected Sources
Table 3 to Subpart MMMMM of Part 63--Performance Test Requirements for 
          New or Reconstructed Flame Lamination Affected Sources
Table 4 to Subpart MMMMM of Part 63--Initial Compliance With Emission 
          Limits

[[Page 16]]

Table 5 to Subpart MMMMM of Part 63--Continuous Compliance with Emission 
          Limits and Operating Limits
Table 6 to Subpart MMMMM of Part 63--Requirements for Reports
Table 7 to Subpart MMMMM of Part 63--Applicability of General Provisions 
          to Subpart MMMMM

    Authority: 42 U.S.C. 7401 et seq.

    Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.



 Subpart ZZZZ_National Emissions Standards for Hazardous Air Pollutants 
        for Stationary Reciprocating Internal Combustion Engines

    Source: 69 FR 33506, June 15, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.6580  What is the purpose of subpart ZZZZ?

    Subpart ZZZZ establishes national emission limitations and operating 
limitations for hazardous air pollutants (HAP) emitted from stationary 
reciprocating internal combustion engines (RICE) located at major and 
area sources of HAP emissions. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations and operating limitations.

[73 FR 3603, Jan. 18, 2008]



Sec. 63.6585  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a stationary 
RICE at a major or area source of HAP emissions, except if the 
stationary RICE is being tested at a stationary RICE test cell/stand.
    (a) A stationary RICE is any internal combustion engine which uses 
reciprocating motion to convert heat energy into mechanical work and 
which is not mobile. Stationary RICE differ from mobile RICE in that a 
stationary RICE is not a non-road engine as defined at 40 CFR 1068.30, 
and is not used to propel a motor vehicle or a vehicle used solely for 
competition.
    (b) A major source of HAP emissions is a plant site that emits or 
has the potential to emit any single HAP at a rate of 10 tons (9.07 
megagrams) or more per year or any combination of HAP at a rate of 25 
tons (22.68 megagrams) or more per year, except that for oil and gas 
production facilities, a major source of HAP emissions is determined for 
each surface site.
    (c) An area source of HAP emissions is a source that is not a major 
source.
    (d) If you are an owner or operator of an area source subject to 
this subpart, your status as an entity subject to a standard or other 
requirements under this subpart does not subject you to the obligation 
to obtain a permit under 40 CFR part 70 or 71, provided you are not 
required to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a 
reason other than your status as an area source under this subpart. 
Notwithstanding the previous sentence, you must continue to comply with 
the provisions of this subpart as applicable.
    (e) If you are an owner or operator of a stationary RICE used for 
national security purposes, you may be eligible to request an exemption 
from the requirements of this subpart as described in 40 CFR part 1068, 
subpart C.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3603, Jan. 18, 2008]



Sec. 63.6590  What parts of my plant does this subpart cover?

    This subpart applies to each affected source.
    (a) Affected source. An affected source is any existing, new, or 
reconstructed stationary RICE located at a major or area source of HAP 
emissions, excluding stationary RICE being tested at a stationary RICE 
test cell/stand.
    (1) Existing stationary RICE.
    (i) For stationary RICE with a site rating of more than 500 brake 
horsepower (HP) located at a major source of HAP emissions, a stationary 
RICE is existing if you commenced construction or reconstruction of the 
stationary RICE before December 19, 2002.
    (ii) For stationary RICE with a site rating of less than or equal to 
500 brake HP located at a major source of HAP emissions, a stationary 
RICE is existing if you commenced construction or reconstruction of the 
stationary RICE before June 12, 2006.

[[Page 17]]

    (iii) For stationary RICE located at an area source of HAP 
emissions, a stationary RICE is existing if you commenced construction 
or reconstruction of the stationary RICE before June 12, 2006.
    (iv) A change in ownership of an existing stationary RICE does not 
make that stationary RICE a new or reconstructed stationary RICE.
    (2) New stationary RICE. (i) A stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions is new 
if you commenced construction of the stationary RICE on or after 
December 19, 2002.
    (ii) A stationary RICE with a site rating of equal to or less than 
500 brake HP located at a major source of HAP emissions is new if you 
commenced construction of the stationary RICE on or after June 12, 2006.
    (iii) A stationary RICE located at an area source of HAP emissions 
is new if you commenced construction of the stationary RICE on or after 
June 12, 2006.
    (3) Reconstructed stationary RICE. (i) A stationary RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions is reconstructed if you meet the definition of reconstruction 
in Sec. 63.2 and reconstruction is commenced on or after December 19, 
2002.
    (ii) A stationary RICE with a site rating of equal to or less than 
500 brake HP located at a major source of HAP emissions is reconstructed 
if you meet the definition of reconstruction in Sec. 63.2 and 
reconstruction is commenced on or after June 12, 2006.
    (iii) A stationary RICE located at an area source of HAP emissions 
is reconstructed if you meet the definition of reconstruction in Sec. 
63.2 and reconstruction is commenced on or after June 12, 2006.
    (b) Stationary RICE subject to limited requirements. (1) An affected 
source which meets either of the criteria in paragraph (b)(1)(i) through 
(ii) of this section does not have to meet the requirements of this 
subpart and of subpart A of this part except for the initial 
notification requirements of Sec. 63.6645(h).
    (i) The stationary RICE is a new or reconstructed emergency 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions; or
    (ii) The stationary RICE is a new or reconstructed limited use 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions.
    (2) A new or reconstructed stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions which 
combusts landfill or digester gas equivalent to 10 percent or more of 
the gross heat input on an annual basis must meet the initial 
notification requirements of Sec. 63.6645(h) and the requirements of 
Sec. Sec. 63.6625(c), 63.6650(g), and 63.6655(c). These stationary RICE 
do not have to meet the emission limitations and operating limitations 
of this subpart.
    (3) A stationary RICE which is an existing spark ignition 4 stroke 
rich burn (4SRB) stationary RICE located at an area source, an existing 
spark ignition 4SRB stationary RICE with a site rating of less than or 
equal to 500 brake HP located at a major source, an existing spark 
ignition 2 stroke lean burn (2SLB) stationary RICE, an existing spark 
ignition 4 stroke lean burn (4SLB) stationary RICE, an existing 
compression ignition (CI) stationary RICE, an existing emergency 
stationary RICE, an existing limited use stationary RICE, or an existing 
stationary RICE that combusts landfill gas or digester gas equivalent to 
10 percent or more of the gross heat input on an annual basis, does not 
have to meet the requirements of this subpart and of subpart A of this 
part. No initial notification is necessary.
    (c) Stationary RICE subject to Regulations under 40 CFR Part 60. An 
affected source that is a new or reconstructed stationary RICE located 
at an area source, or is a new or reconstructed stationary RICE located 
at a major source of HAP emissions and is a spark ignition 2 stroke lean 
burn (2SLB) stationary RICE with a site rating of less than 500 brake 
HP, a spark ignition 4 stroke lean burn (4SLB) stationary RICE with a 
site rating of less than 250 brake HP, or a 4 stroke rich burn

[[Page 18]]

(4SRB) stationary RICE with a site rating of less than or equal to 500 
brake HP, a stationary RICE with a site rating of less than or equal to 
500 brake HP which combusts landfill or digester gas equivalent to 10 
percent or more of the gross heat input on an annual basis, an emergency 
or limited use stationary RICE with a site rating of less than or equal 
to 500 brake HP, or a compression ignition (CI) stationary RICE with a 
site rating of less than or equal to 500 brake HP, must meet the 
requirements of this part by meeting the requirements of 40 CFR part 60 
subpart IIII, for compression ignition engines or 40 CFR part 60 subpart 
JJJJ, for spark ignition engines. No further requirements apply for such 
engines under this part.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3604, Jan. 18, 2008]



Sec. 63.6595  When do I have to comply with this subpart?

    (a) Affected Sources. (1) If you have an existing stationary RICE 
with a site rating of more than 500 brake HP located at a major source 
of HAP emissions, you must comply with the applicable emission 
limitations and operating limitations no later than June 15, 2007.
    (2) If you start up your new or reconstructed stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions before August 16, 2004, you must comply with the applicable 
emission limitations and operating limitations in this subpart no later 
than August 16, 2004.
    (3) If you start up your new or reconstructed stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions after August 16, 2004, you must comply with the applicable 
emission limitations and operating limitations in this subpart upon 
startup of your affected source.
    (4) If you start up your new or reconstructed stationary RICE with a 
site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions before January 18, 2008, you must comply with 
the applicable emission limitations and operating limitations in this 
subpart no later than January 18, 2008.
    (5) If you start up your new or reconstructed stationary RICE with a 
site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions after January 18, 2008, you must comply with the 
applicable emission limitations and operating limitations in this 
subpart upon startup of your affected source.
    (6) If you start up your new or reconstructed stationary RICE 
located at an area source of HAP emissions before January 18, 2008, you 
must comply with the applicable emission limitations and operating 
limitations in this subpart no later than January 18, 2008.
    (7) If you start up your new or reconstructed stationary RICE 
located at an area source of HAP emissions after January 18, 2008, you 
must comply with the applicable emission limitations and operating 
limitations in this subpart upon startup of your affected source.
    (b) Area sources that become major sources. If you have an area 
source that increases its emissions or its potential to emit such that 
it becomes a major source of HAP, the compliance dates in paragraphs 
(b)(1) and (2) of this section apply to you.
    (1) Any stationary RICE for which construction or reconstruction is 
commenced after the date when your area source becomes a major source of 
HAP must be in compliance with this subpart upon startup of your 
affected source.
    (2) Any stationary RICE for which construction or reconstruction is 
commenced before your area source becomes a major source of HAP must be 
in compliance with the provisions of this subpart that are applicable to 
RICE located at major sources within 3 years after your area source 
becomes a major source of HAP.
    (c) If you own or operate an affected source, you must meet the 
applicable notification requirements in Sec. 63.6645 and in 40 CFR part 
63, subpart A.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3604, Jan. 18, 2008]

[[Page 19]]

                   Emission and Operating Limitations



Sec. 63.6600  What emission limitations and operating limitations must I meet 

if I own or operate a stationary RICE with a site rating of more than 500 

brake HP located at a major source of HAP emissions?

    (a) If you own or operate an existing, new, or reconstructed spark 
ignition 4SRB stationary RICE with a site rating of more than 500 brake 
HP located at a major source of HAP emissions, you must comply with the 
emission limitations in Table 1a to this subpart and the operating 
limitations in Table 1b to this subpart which apply to you.
    (b) If you own or operate a new or reconstructed 2SLB stationary 
RICE with a site rating of more than 500 brake HP located at major 
source of HAP emissions, a new or reconstructed 4SLB stationary RICE 
with a site rating of more than 500 brake HP located at major source of 
HAP emissions, or a new or reconstructed CI stationary RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions, you must comply with the emission limitations in Table 2a to 
this subpart and the operating limitations in Table 2b to this subpart 
which apply to you.
    (c) If you own or operate any of the following RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions, you do not need to comply with the emission limitations in 
Tables 1a and 2a to this subpart or operating limitations in Tables 1b 
and 2b to this subpart: an existing 2SLB stationary RICE, an existing 
4SLB stationary RICE, or an existing CI stationary RICE; a stationary 
RICE that combusts landfill gas or digester gas equivalent to 10 percent 
or more of the gross heat input on an annual basis; an emergency 
stationary RICE; or a limited use stationary RICE.

[73 FR 3605, Jan. 18, 2008]



Sec. 63.6601  What emission limitations must I meet if I own or operate a 4SLB 

stationary RICE with a site rating of greater than or equal to 250 brake HP 

and less than 500 brake HP located at a major source of HAP emissions?

    If you own or operate a new or reconstructed 4SLB stationary RICE 
with a site rating of greater than or equal to 250 and less than or 
equal to 500 brake HP located at major source of HAP emissions 
manufactured on or after January 1, 2008, you must comply with the 
emission limitations in Table 2a to this subpart and the operating 
limitations in Table 2b to this subpart which apply to you.

[73 FR 3605, Jan. 18, 2008]

                     General Compliance Requirements



Sec. 63.6605  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emission limitations and 
operating limitations in this subpart that apply to you at all times, 
except during periods of startup, shutdown, and malfunction.
    (b) If you must comply with emission limitations and operating 
limitations, you must operate and maintain your stationary RICE, 
including air pollution control and monitoring equipment, in a manner 
consistent with good air pollution control practices for minimizing 
emissions at all times, including during startup, shutdown, and 
malfunction.

               Testing and Initial Compliance Requirements



Sec. 63.6610  By what date must I conduct the initial performance tests or 

other initial compliance demonstrations if I own or operate a stationary RICE 

with a site rating of more than 500 brake HP located at a major source of HAP 

emissions?

    If you own or operate a stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions you are 
subject to the requirements of this section.
    (a) You must conduct the initial performance test or other initial 
compliance demonstrations in Table 4 to this subpart that apply to you 
within 180 days after the compliance date that is specified for your 
stationary RICE in Sec. 63.6595 and according to the provisions in 
Sec. 63.7(a)(2).
    (b) If you commenced construction or reconstruction between December 
19, 2002 and June 15, 2004 and own or operate stationary RICE with a 
site rating

[[Page 20]]

of more than 500 brake HP located at a major source of HAP emissions, 
you must demonstrate initial compliance with either the proposed 
emission limitations or the promulgated emission limitations no later 
than February 10, 2005 or no later than 180 days after startup of the 
source, whichever is later, according to Sec. 63.7(a)(2)(ix).
    (c) If you commenced construction or reconstruction between December 
19, 2002 and June 15, 2004 and own or operate stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions, and you chose to comply with the proposed emission 
limitations when demonstrating initial compliance, you must conduct a 
second performance test to demonstrate compliance with the promulgated 
emission limitations by December 13, 2007 or after startup of the 
source, whichever is later, according to Sec. 63.7(a)(2)(ix).
    (d) An owner or operator is not required to conduct an initial 
performance test on units for which a performance test has been 
previously conducted, but the test must meet all of the conditions 
described in paragraphs (d)(1) through (5) of this section.
    (1) The test must have been conducted using the same methods 
specified in this subpart, and these methods must have been followed 
correctly.
    (2) The test must not be older than 2 years.
    (3) The test must be reviewed and accepted by the Administrator.
    (4) Either no process or equipment changes must have been made since 
the test was performed, or the owner or operator must be able to 
demonstrate that the results of the performance test, with or without 
adjustments, reliably demonstrate compliance despite process or 
equipment changes.
    (5) The test must be conducted at any load condition within plus or 
minus 10 percent of 100 percent load.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3605, Jan. 18, 2008]



Sec. 63.6611  By what date must I conduct the initial performance tests or 

other initial compliance demonstrations if I own or operate a 4SLB SI 

stationary RICE with a site rating of greater than or equal to 250 and 

less than or equal to 500 brake HP located at a major source of HAP emissions?

    If you own or operate a new or reconstructed 4SLB stationary RICE 
with a site rating of greater than or equal to 250 and less than or 
equal to 500 brake HP located at a major source of HAP emissions, you 
must conduct an initial performance test within 240 days after the 
compliance date that is specified for your stationary RICE in Sec. 
63.6595 and according to the provisions specified in Table 4 to this 
subpart, as appropriate.

[73 FR 3605, Jan. 18, 2008]



Sec. 63.6615  When must I conduct subsequent performance tests?

    If you must comply with the emission limitations and operating 
limitations, you must conduct subsequent performance tests as specified 
in Table 3 of this subpart.



Sec. 63.6620  What performance tests and other procedures must I use?

    (a) You must conduct each performance test in Tables 3 and 4 of this 
subpart that applies to you.
    (b) Each performance test must be conducted according to the 
requirements in Sec. 63.7(e)(1) and under the specific conditions that 
this subpart specifies in Table 4. The test must be conducted at any 
load condition within plus or minus 10 percent of 100 percent load.
    (c) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (d) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec. 63.7(e)(3). Each 
test run must last at least 1 hour.
    (e)(1) You must use Equation 1 of this section to determine 
compliance with the percent reduction requirement:

[[Page 21]]

[GRAPHIC] [TIFF OMITTED] TR15JN04.012

Where:

Ci = concentration of CO or formaldehyde at the control 
device inlet,
Co = concentration of CO or formaldehyde at the control 
device outlet, and
R = percent reduction of CO or formaldehyde emissions.

    (2) You must normalize the carbon monoxide (CO) or formaldehyde 
concentrations at the inlet and outlet of the control device to a dry 
basis and to 15 percent oxygen, or an equivalent percent carbon dioxide 
(CO2). If pollutant concentrations are to be corrected to 15 
percent oxygen and CO2 concentration is measured in lieu of 
oxygen concentration measurement, a CO2 correction factor is 
needed. Calculate the CO2 correction factor as described in 
paragraphs (e)(2)(i) through (iii) of this section.
    (i) Calculate the fuel-specific Fo value for the fuel 
burned during the test using values obtained from Method 19, section 
5.2, and the following equation:
[GRAPHIC] [TIFF OMITTED] TR15JN04.013

Where:

Fo = Fuel factor based on the ratio of oxygen volume to the 
ultimate CO2 volume produced by the fuel at zero percent 
excess air.
0.209 = Fraction of air that is oxygen, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross 
calorific value of the fuel from Method 19, dsm\3\/J (dscf/10\6\ Btu).
Fc = Ratio of the volume of CO2 produced to the 
gross calorific value of the fuel from Method 19, dsm\3\/J (dscf/10\6\ 
Btu).

    (ii) Calculate the CO2 correction factor for correcting 
measurement data to 15 percent oxygen, as follows:
[GRAPHIC] [TIFF OMITTED] TR15JN04.014

Where:

Xco2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2-15 percent O2, the defined 
O2 correction value, percent.

    (iii) Calculate the NOX and SO2 gas 
concentrations adjusted to 15 percent O2 using CO2 
as follows:
[GRAPHIC] [TIFF OMITTED] TR15JN04.015

Where:

%CO2 = Measured CO2 concentration measured, dry 
basis, percent.

    (f) If you comply with the emission limitation to reduce CO and you 
are not using an oxidation catalyst, if you comply with the emission 
limitation to reduce formaldehyde and you are not using NSCR, or if you 
comply with the emission limitation to limit the concentration of 
formaldehyde in the stationary RICE exhaust and you are not using an 
oxidation catalyst or NSCR, you must petition the Administrator for 
operating limitations to be established during the initial performance 
test and continuously monitored thereafter; or for approval of no 
operating limitations. You must not conduct the initial performance test 
until after the petition has been approved by the Administrator.
    (g) If you petition the Administrator for approval of operating 
limitations, your petition must include the information described in 
paragraphs (g)(1) through (5) of this section.
    (1) Identification of the specific parameters you propose to use as 
operating limitations;
    (2) A discussion of the relationship between these parameters and 
HAP emissions, identifying how HAP emissions change with changes in 
these parameters, and how limitations on these parameters will serve to 
limit HAP emissions;
    (3) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the limits on these 
parameters in the operating limitations;
    (4) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments; and
    (5) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.
    (h) If you petition the Administrator for approval of no operating 
limitations, your petition must include the

[[Page 22]]

information described in paragraphs (h)(1) through (7) of this section.
    (1) Identification of the parameters associated with operation of 
the stationary RICE and any emission control device which could change 
intentionally (e.g., operator adjustment, automatic controller 
adjustment, etc.) or unintentionally (e.g., wear and tear, error, etc.) 
on a routine basis or over time;
    (2) A discussion of the relationship, if any, between changes in the 
parameters and changes in HAP emissions;
    (3) For the parameters which could change in such a way as to 
increase HAP emissions, a discussion of whether establishing limitations 
on the parameters would serve to limit HAP emissions;
    (4) For the parameters which could change in such a way as to 
increase HAP emissions, a discussion of how you could establish upper 
and/or lower values for the parameters which would establish limits on 
the parameters in operating limitations;
    (5) For the parameters, a discussion identifying the methods you 
could use to measure them and the instruments you could use to monitor 
them, as well as the relative accuracy and precision of the methods and 
instruments;
    (6) For the parameters, a discussion identifying the frequency and 
methods for recalibrating the instruments you could use to monitor them; 
and
    (7) A discussion of why, from your point of view, it is infeasible 
or unreasonable to adopt the parameters as operating limitations.
    (i) The engine percent load during a performance test must be 
determined by documenting the calculations, assumptions, and measurement 
devices used to measure or estimate the percent load in a specific 
application. A written report of the average percent load determination 
must be included in the notification of compliance status. The following 
information must be included in the written report: the engine model 
number, the engine manufacturer, the year of purchase, the 
manufacturer's site-rated brake horsepower, the ambient temperature, 
pressure, and humidity during the performance test, and all assumptions 
that were made to estimate or calculate percent load during the 
performance test must be clearly explained. If measurement devices such 
as flow meters, kilowatt meters, beta analyzers, stain gauges, etc. are 
used, the model number of the measurement device, and an estimate of its 
accurate in percentage of true value must be provided.



Sec. 63.6625  What are my monitoring, installation, operation, and maintenance 

requirements?

    (a) If you elect to install a CEMS as specified in Table 5 of this 
subpart, you must install, operate, and maintain a CEMS to monitor CO 
and either oxygen or CO2 at both the inlet and the outlet of 
the control device according to the requirements in paragraphs (a)(1) 
through (4) of this section.
    (1) Each CEMS must be installed, operated, and maintained according 
to the applicable performance specifications of 40 CFR part 60, appendix 
B.
    (2) You must conduct an initial performance evaluation and an annual 
relative accuracy test audit (RATA) of each CEMS according to the 
requirements in Sec. 63.8 and according to the applicable performance 
specifications of 40 CFR part 60, appendix B as well as daily and 
periodic data quality checks in accordance with 40 CFR part 60, appendix 
F, procedure 1.
    (3) As specified in Sec. 63.8(c)(4)(ii), each CEMS must complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period. You must have at least 
two data points, with each representing a different 15-minute period, to 
have a valid hour of data.
    (4) The CEMS data must be reduced as specified in Sec. 63.8(g)(2) 
and recorded in parts per million or parts per billion (as appropriate 
for the applicable limitation) at 15 percent oxygen or the equivalent 
CO2 concentration.
    (b) If you are required to install a continuous parameter monitoring 
system (CPMS) as specified in Table 5 of this subpart, you must install, 
operate, and maintain each CPMS according to the requirements in Sec. 
63.8.
    (c) If you are operating a new or reconstructed stationary RICE 
which fires landfill gas or digester gas equivalent to 10 percent or 
more of the gross heat input on an annual basis, you

[[Page 23]]

must monitor and record your fuel usage daily with separate fuel meters 
to measure the volumetric flow rate of each fuel. In addition, you must 
operate your stationary RICE in a manner which reasonably minimizes HAP 
emissions.
    (d) If you are operating a new or reconstructed emergency 4SLB 
stationary RICE with a site rating of greater than or equal to 250 and 
less than or equal to 500 brake HP located at a major source of HAP 
emissions, you must install a non-resettable hour meter prior to the 
startup of the engine.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3606, Jan. 18, 2008]



Sec. 63.6630  How do I demonstrate initial compliance with the emission 

limitations and operating limitations?

    (a) You must demonstrate initial compliance with each emission and 
operating limitation that applies to you according to Table 5 of this 
subpart.
    (b) During the initial performance test, you must establish each 
operating limitation in Tables 1b and 2b of this subpart that applies to 
you.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.6645.

                   Continuous Compliance Requirements



Sec. 63.6635  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) If you must comply with emission and operating limitations, you 
must monitor and collect data according to this section.
    (b) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously at all times that the stationary RICE is 
operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels. You must, however, use all the valid data collected during all 
other periods.



Sec. 63.6640  How do I demonstrate continuous compliance with the emission 

limitations and operating limitations?

    (a) You must demonstrate continuous compliance with each emission 
limitation and operating limitation in Tables 1a and 1b and Tables 2a 
and 2b of this subpart that apply to you according to methods specified 
in Table 6 of this subpart.
    (b) You must report each instance in which you did not meet each 
emission limitation or operating limitation in Tables 1a and 1b and 
Tables 2a and 2b of this subpart that apply to you. These instances are 
deviations from the emission and operating limitations in this subpart. 
These deviations must be reported according to the requirements in Sec. 
63.6650. If you change your catalyst, you must reestablish the values of 
the operating parameters measured during the initial performance test. 
When you reestablish the values of your operating parameters, you must 
also conduct a performance test to demonstrate that you are meeting the 
required emission limitation applicable to your stationary RICE.
    (c) [Reserved]
    (d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations 
from the emission or operating limitations that occur during a period of 
startup, shutdown, or malfunction are not violations if you demonstrate 
to the Administrator's satisfaction that you were operating in 
accordance with Sec. 63.6(e)(1). For new, reconstructed, and rebuilt 
stationary RICE, deviations from the emission or operating limitations 
that occur during the first 200 hours of operation from engine startup 
(engine burn-in period) are not violations.
    Rebuilt stationary RICE means a stationary RICE that has been 
rebuilt as that term is defined in 40 CFR Sec. 94.11(a).
    (e) You must also report each instance in which you did not meet the 
requirements in Table 8 to this subpart that apply to you. If you own or 
operate any stationary RICE with a site rating of less than or equal to 
500 brake HP located at a major source of HAP emissions (except new or 
reconstructed

[[Page 24]]

4SLB engines greater than or equal to 250 and less than or equal to 500 
brake HP), a stationary RICE located at an area source of HAP emissions, 
or any of the following RICE with a site rating of more than 500 brake 
HP located at a major source of HAP emissions, you do not need to comply 
with the requirements in Table 8 to this subpart: An existing 2SLB 
stationary RICE, an existing 4SLB stationary RICE, an existing CI 
stationary RICE, an existing emergency stationary RICE, an existing 
limited use emergency stationary RICE, or an existing stationary RICE 
which fires landfill gas or digester gas equivalent to 10 percent or 
more of the gross heat input on an annual basis. If you own or operate 
any of the following RICE with a site rating of more than 500 brake HP 
located at a major source of HAP emissions, you do not need to comply 
with the requirements in Table 8 to this subpart, except for the initial 
notification requirements: a new or reconstructed stationary RICE that 
combusts landfill gas or digester gas equivalent to 10 percent or more 
of the gross heat input on an annual basis, a new or reconstructed 
emergency stationary RICE, or a new or reconstructed limited use 
stationary RICE.

[69 FR 33506, June 15, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 
73 FR 3606, Jan. 18, 2008]

                   Notifications, Reports, and Records



Sec. 63.6645  What notifications must I submit and when?

    (a) If you own or operate a stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions or a 
new or reconstructed 4SLB stationary RICE with a site rating of greater 
than or equal to 250 HP located at a major source of HAP emissions, you 
must submit all of the notifications in Sec. Sec. 63.7(b) and (c), 
63.8(e), (f)(4) and (f)(6), 63.9(b) through (e), and (g) and (h) that 
apply to you by the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you start up your 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions before the effective date of this 
subpart, you must submit an Initial Notification not later than December 
13, 2004.
    (c) If you start up your new or reconstructed stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions on or after August 16, 2004, you must submit an Initial 
Notification not later than 120 days after you become subject to this 
subpart.
    (d) As specified in Sec. 63.9(b)(2), if you start up your 
stationary RICE with a site rating of equal to or less than 500 brake HP 
located at a major source of HAP emissions before the effective date of 
this subpart and you are required to submit an initial notification, you 
must submit an Initial Notification not later than July 16, 2008.
    (e) If you start up your new or reconstructed stationary RICE with a 
site rating of equal to or less than 500 brake HP located at a major 
source of HAP emissions on or after March 18, 2008 and you are required 
to submit an initial notification, you must submit an Initial 
Notification not later than 120 days after you become subject to this 
subpart.
    (f) If you are required to submit an Initial Notification but are 
otherwise not affected by the requirements of this subpart, in 
accordance with Sec. 63.6590(b), your notification should include the 
information in Sec. 63.9(b)(2)(i) through (v), and a statement that 
your stationary RICE has no additional requirements and explain the 
basis of the exclusion (for example, that it operates exclusively as an 
emergency stationary RICE if it has a site rating of more than 500 brake 
HP located at a major source of HAP emissions).
    (g) If you are required to conduct a performance test, you must 
submit a Notification of Intent to conduct a performance test at least 
60 days before the performance test is scheduled to begin as required in 
Sec. 63.7(b)(1).
    (h) If you are required to conduct a performance test or other 
initial compliance demonstration as specified in Tables 4 and 5 to this 
subpart, you must submit a Notification of Compliance Status according 
to Sec. 63.9(h)(2)(ii).
    (1) For each initial compliance demonstration required in Table 5 to 
this subpart that does not include a performance test, you must submit 
the

[[Page 25]]

Notification of Compliance Status before the close of business on the 
30th day following the completion of the initial compliance 
demonstration.
    (2) For each initial compliance demonstration required in Table 5 to 
this subpart that includes a performance test conducted according to the 
requirements in Table 3 to this subpart, you must submit the 
Notification of Compliance Status, including the performance test 
results, before the close of business on the 60th day following the 
completion of the performance test according to Sec. 63.10(d)(2).

[73 FR 3606, Jan. 18, 2008]



Sec. 63.6650  What reports must I submit and when?

    (a) You must submit each report in Table 7 of this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date in Table 7 of this subpart and according to the requirements 
in paragraphs (b)(1) through (5) of this section.
    (1) The first Compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.6595 and ending on June 30 or December 31, whichever date is the 
first date following the end of the first calendar half after the 
compliance date that is specified for your source in Sec. 63.6595.
    (2) The first Compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first calendar half after the compliance date that is specified for your 
affected source in Sec. 63.6595.
    (3) Each subsequent Compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent Compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each stationary RICE that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 71, and if the permitting 
authority has established dates for submitting semiannual reports 
pursuant to 40 CFR 70.6 (a)(3)(iii)(A) or 40 CFR 71.6 (a)(3)(iii)(A), 
you may submit the first and subsequent Compliance reports according to 
the dates the permitting authority has established instead of according 
to the dates in paragraphs (b)(1) through (4) of this section.
    (c) The Compliance report must contain the information in paragraphs 
(c)(1) through (6) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period, the compliance report must include the information in 
Sec. 63.10(d)(5)(i).
    (5) If there are no deviations from any emission or operating 
limitations that apply to you, a statement that there were no deviations 
from the emission or operating limitations during the reporting period.
    (6) If there were no periods during which the continuous monitoring 
system (CMS), including CEMS and CPMS, was out-of-control, as specified 
in Sec. 63.8(c)(7), a statement that there were no periods during which 
the CMS was out-of-control during the reporting period.
    (d) For each deviation from an emission or operating limitation that 
occurs for a stationary RICE where you are not using a CMS to comply 
with the emission or operating limitations in this subpart, the 
Compliance report must contain the information in paragraphs (c)(1) 
through (4) of this section and the information in paragraphs (d)(1) and 
(2) of this section.
    (1) The total operating time of the stationary RICE at which the 
deviation occurred during the reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (e) For each deviation from an emission or operating limitation 
occurring for a stationary RICE where you are

[[Page 26]]

using a CMS to comply with the emission and operating limitations in 
this subpart, you must include information in paragraphs (c)(1) through 
(4) and (e)(1) through (12) of this section.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out-of-control, 
including the information in Sec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or during 
another period.
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of CMS downtime during the 
reporting period, and the total duration of CMS downtime as a percent of 
the total operating time of the stationary RICE at which the CMS 
downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant (CO or 
formaldehyde) that was monitored at the stationary RICE.
    (9) A brief description of the stationary RICE.
    (10) A brief description of the CMS.
    (11) The date of the latest CMS certification or audit.
    (12) A description of any changes in CMS, processes, or controls 
since the last reporting period.
    (f) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 71 must report all deviations as 
defined in this subpart in the semiannual monitoring report required by 
40 CFR 70.6 (a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected 
source submits a Compliance report pursuant to Table 7 of this subpart 
along with, or as part of, the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the 
Compliance report includes all required information concerning 
deviations from any emission or operating limitation in this subpart, 
submission of the Compliance report shall be deemed to satisfy any 
obligation to report the same deviations in the semiannual monitoring 
report. However, submission of a Compliance report shall not otherwise 
affect any obligation the affected source may have to report deviations 
from permit requirements to the permit authority.
    (g) If you are operating as a new or reconstructed stationary RICE 
which fires landfill gas or digester gas equivalent to 10 percent or 
more of the gross heat input on an annual basis, you must submit an 
annual report according to Table 7 of this subpart by the date specified 
unless the Administrator has approved a different schedule, according to 
the information described in paragraphs (b)(1) through (b)(5) of this 
section. You must report the data specified in (g)(1) through (g)(3) of 
this section.
    (1) Fuel flow rate of each fuel and the heating values that were 
used in your calculations. You must also demonstrate that the percentage 
of heat input provided by landfill gas or digester gas is equivalent to 
10 percent or more of the total fuel consumption on an annual basis.
    (2) The operating limits provided in your federally enforceable 
permit, and any deviations from these limits.
    (3) Any problems or errors suspected with the meters.



Sec. 63.6655  What records must I keep?

    (a) If you must comply with the emission and operating limitations, 
you must keep the records described in paragraphs (a)(1) through (a)(3), 
(b)(1) through (b)(3) and (c) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirement in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.

[[Page 27]]

    (3) Records of performance tests and performance evaluations as 
required in Sec. 63.10(b)(2)(viii).
    (b) For each CEMS or CPMS, you must keep the records listed in 
paragraphs (b)(1) through (3) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi).
    (2) Previous (i.e., superseded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (3) Requests for alternatives to the relative accuracy test for CEMS 
or CPMS as required in Sec. 63.8(f)(6)(i), if applicable.
    (c) If you are operating a new or reconstructed stationary RICE 
which fires landfill gas or digester gas equivalent to 10 percent or 
more of the gross heat input on an annual basis, you must keep the 
records of your daily fuel usage monitors.
    (d) You must keep the records required in Table 6 of this subpart to 
show continuous compliance with each emission or operating limitation 
that applies to you.



Sec. 63.6660  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record readily accessible in hard copy or 
electronic form on-site for at least 2 years after the date of each 
occurrence, measurement, maintenance, corrective action, report, or 
record, according to Sec. 63.10(b)(1). You can keep the records off-
site for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.6665  What parts of the General Provisions apply to me?

    Table 8 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you. If you own or operate any 
stationary RICE with a site rating of less than or equal to 500 brake HP 
located at a major source of HAP emissions (except new or reconstructed 
4SLB engines greater than or equal to 250 and less than or equal to 500 
brake HP), a stationary RICE located at an area source of HAP emissions, 
or any of the following RICE with a site rating of more than 500 brake 
HP located at a major source of HAP emissions, you do not need to comply 
with any of the requirements of the General Provisions: An existing 2SLB 
RICE, an existing 4SLB stationary RICE, an existing CI stationary RICE, 
an existing stationary RICE that combusts landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis, an existing emergency stationary RICE, or an existing limited use 
stationary RICE. If you own or operate any of the following RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions, you do not need to comply with the requirements in the 
General Provisions except for the initial notification requirements: A 
new stationary RICE that combusts landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis, a new emergency stationary RICE, or a new limited use stationary 
RICE.

[73 FR 3606, Jan. 18, 2008]



Sec. 63.6670  Who implements and enforces this subpart?

    (a) This subpart is implemented and enforced by the U.S. EPA, or a 
delegated authority such as your State, local, or tribal agency. If the 
U.S. EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency (as well as the U.S. EPA) has the 
authority to implement and enforce this subpart. You should contact your 
U.S. EPA Regional Office to find out whether this subpart is delegated 
to your 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 paragraph (c) of this section 
are retained by the Administrator of the U.S. EPA and are not 
transferred to the State, local, or tribal agency.

[[Page 28]]

    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are:
    (1) Approval of alternatives to the non-opacity emission limitations 
and operating limitations in Sec. 63.6600 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.
    (5) Approval of a performance test which was conducted prior to the 
effective date of the rule, as specified in Sec. 63.6610(b).



Sec. 63.6675  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act (CAA); 
in 40 CFR 63.2, the General Provisions of this part; and in this section 
as follows:
    Area source means any stationary source of HAP that is not a major 
source as defined in part 63.
    Associated equipment as used in this subpart and as referred to in 
section 112(n)(4) of the CAA, means equipment associated with an oil or 
natural gas exploration or production well, and includes all equipment 
from the well bore to the point of custody transfer, except glycol 
dehydration units, storage vessels with potential for flash emissions, 
combustion turbines, and stationary RICE.
    CAA means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by 
Public Law 101-549, 104 Stat. 2399).
    Compression ignition means relating to a type of stationary internal 
combustion engine that is not a spark ignition engine.
    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.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation or 
operating limitation;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation or operating limitation in 
this subpart during malfunction, regardless or whether or not such 
failure is permitted by this subpart.
    (4) Fails to satisfy the general duty to minimize emissions 
established by Sec. 63.6(e)(1)(i).
    Diesel engine means any stationary RICE in which a high boiling 
point liquid fuel injected into the combustion chamber ignites when the 
air charge has been compressed to a temperature sufficiently high for 
auto-ignition. This process is also known as compression ignition.
    Diesel fuel means any liquid obtained from the distillation of 
petroleum with a boiling point of approximately 150 to 360 degrees 
Celsius. One commonly used form is fuel oil number 2.
    Digester gas means any gaseous by-product of wastewater treatment 
typically formed through the anaerobic decomposition of organic waste 
materials and composed principally of methane and CO2.
    Dual-fuel engine means any stationary RICE in which a liquid fuel 
(typically diesel fuel) is used for compression ignition and gaseous 
fuel (typically natural gas) is used as the primary fuel.
    Emergency stationary RICE means any stationary RICE whose operation 
is limited to emergency situations and required testing and maintenance. 
Examples include stationary RICE used to produce power for critical 
networks or equipment (including power supplied to portions of a 
facility) when electric power from the local utility (or the

[[Page 29]]

normal power source, if the facility runs on its own power production) 
is interrupted, or stationary RICE used to pump water in the case of 
fire or flood, etc. Stationary RICE used for peak shaving are not 
considered emergency stationary RICE. Stationary ICE used to supply 
power to an electric grid or that supply power as part of a financial 
arrangement with another entity are not considered to be emergency 
engines. Emergency stationary RICE with a site-rating of more than 500 
brake HP located at a major source of HAP emissions that were installed 
prior to June 12, 2006, may be operated for the purpose of maintenance 
checks and readiness testing, provided that the tests are recommended by 
the manufacturer, the vendor, or the insurance company associated with 
the engine. Required testing of such units should be minimized, but 
there is no time limit on the use of emergency stationary RICE in 
emergency situations and for routine testing and maintenance. Emergency 
stationary RICE with a site-rating of more than 500 brake HP located at 
a major source of HAP emissions that were installed prior to June 12, 
2006, may also operate an additional 50 hours per year in non-emergency 
situations. Emergency stationary RICE with a site-rating of more than 
500 brake HP located at a major source of HAP emissions that were 
installed on or after June 12, 2006, must comply with requirements 
specified in 40 CFR 60.4243(d).
    Four-stroke engine means any type of engine which completes the 
power cycle in two crankshaft revolutions, with intake and compression 
strokes in the first revolution and power and exhaust strokes in the 
second revolution.
    Gaseous fuel means a material used for combustion which is in the 
gaseous state at standard atmospheric temperature and pressure 
conditions.
    Gasoline means any fuel sold in any State for use in motor vehicles 
and motor vehicle engines, or nonroad or stationary engines, and 
commonly or commercially known or sold as gasoline.
    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.
    Hazardous air pollutants (HAP) means any air pollutants listed in or 
pursuant to section 112(b) of the CAA.
    ISO standard day conditions means 288 degrees Kelvin (15 degrees 
Celsius), 60 percent relative humidity and 101.3 kilopascals pressure.
    Landfill gas means a gaseous by-product of the land application of 
municipal refuse typically formed through the anaerobic decomposition of 
waste materials and composed principally of methane and CO2.
    Lean burn engine means any two-stroke or four-stroke spark ignited 
engine that does not meet the definition of a rich burn engine.
    Limited use stationary RICE means any stationary RICE that operates 
less than 100 hours per year.
    Liquefied petroleum gas means any liquefied hydrocarbon gas obtained 
as a by-product in petroleum refining of natural gas production.
    Liquid fuel means any fuel in liquid form at standard temperature 
and pressure, including but not limited to diesel, residual/crude oil, 
kerosene/naphtha (jet fuel), and gasoline.
    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) For oil and gas production facilities, emissions from processes, 
operations, or equipment that are not part of the same oil and gas 
production facility, as defined in Sec. 63.1271 of subpart

[[Page 30]]

HHH of this part, shall not be aggregated;
    (3) For production field facilities, only HAP emissions from glycol 
dehydration units, storage vessel with the potential for flash 
emissions, combustion turbines and reciprocating internal combustion 
engines shall be aggregated for a major source determination; and
    (4) Emissions from processes, operations, and equipment that are not 
part of the same natural gas transmission and storage facility, as 
defined in Sec. 63.1271 of subpart HHH of this part, shall not be 
aggregated.
    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 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.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
non-hydrocarbon gases found in geologic formations beneath the Earth's 
surface, of which the principal constituent is methane. Natural gas may 
be field or pipeline quality.
    Non-selective catalytic reduction (NSCR) means an add-on catalytic 
nitrogen oxides (NOX) control device for rich burn engines 
that, in a two-step reaction, promotes the conversion of excess oxygen, 
NOX, CO, and volatile organic compounds (VOC) into 
CO2, nitrogen, and water.
    Oil and gas production facility as used in this subpart 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 purposes 
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.
    Oxidation catalyst means an add-on catalytic control device that 
controls CO and VOC by oxidation.
    Peaking unit or engine means any standby engine intended for use 
during periods of high demand that are not emergencies.
    Percent load means the fractional power of an engine compared to its 
maximum manufacturer's design capacity at engine site conditions. 
Percent load may range between 0 percent to above 100 percent.
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions is 
federally enforceable. For oil and natural gas production facilities 
subject to subpart HH of this part, the potential to emit provisions in 
Sec. 63.760(a) may be used. For natural gas transmission and storage 
facilities subject to subpart HHH of this part, the maximum annual 
facility gas throughput for storage facilities may be determined 
according to Sec. 63.1270(a)(1) and the maximum annual throughput for 
transmission facilities

[[Page 31]]

may be determined according to Sec. 63.1270(a)(2).
    Production field facility means those oil and gas production 
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.
    Propane means a colorless gas derived from petroleum and natural 
gas, with the molecular structure C3H8.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Rich burn engine means any four-stroke spark ignited engine where 
the manufacturer's recommended operating air/fuel ratio divided by the 
stoichiometric air/fuel ratio at full load conditions is less than or 
equal to 1.1. Engines originally manufactured as rich burn engines, but 
modified prior to December 19, 2002 with passive emission control 
technology for NOX (such as pre-combustion chambers) will be 
considered lean burn engines. Also, existing engines where there are no 
manufacturer's recommendations regarding air/fuel ratio will be 
considered a rich burn engine if the excess oxygen content of the 
exhaust at full load conditions is less than or equal to 2 percent.
    Site-rated HP means the maximum manufacturer's design capacity at 
engine site conditions.
    Spark ignition means relating to either: A gasoline-fueled engine; 
or any other type of engine a spark plug (or other sparking device) and 
with operating characteristics significantly similar to the theoretical 
Otto combustion cycle. Spark ignition engines usually use a throttle to 
regulate intake air flow to control power during normal operation. Dual-
fuel engines in which a liquid fuel (typically diesel fuel) is used for 
CI and gaseous fuel (typically natural gas) is used as the primary fuel 
at an annual average ratio of less than 2 parts diesel fuel to 100 parts 
total fuel on an energy equivalent basis are spark ignition engines.
    Stationary reciprocating internal combustion engine (RICE) means any 
reciprocating internal combustion engine which uses reciprocating motion 
to convert heat energy into mechanical work and which is not mobile. 
Stationary RICE differ from mobile RICE in that a stationary RICE is not 
a non-road engine as defined at 40 CFR 1068.30, and is not used to 
propel a motor vehicle or a vehicle used solely for competition.
    Stationary RICE test cell/stand means an engine test cell/stand, as 
defined in subpart PPPPP of this part, that tests stationary RICE.
    Stoichiometric means the theoretical air-to-fuel ratio required for 
complete combustion.
    Storage vessel with the potential for flash emissions means any 
storage vessel that contains a hydrocarbon liquid with a stock tank gas-
to-oil ratio equal to or greater than 0.31 cubic meters per liter and an 
American Petroleum Institute 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.
    Subpart means 40 CFR part 63, subpart ZZZZ.
    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.
    Two-stroke engine means a type of engine which completes the power 
cycle in single crankshaft revolution by combining the intake and 
compression operations into one stroke and the power and exhaust 
operations into a second stroke. This system requires auxiliary 
scavenging and inherently runs lean of stoichiometric.

[69 FR 33506, June 15, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 
73 FR 3607, Jan. 18, 2008]

[[Page 32]]



   Sec. Table 1a to Subpart ZZZZ of Part 63--Emission Limitations for 

 Existing, New, and Reconstructed Spark Ignition, 4SRB Stationary RICE 
 
     500 HP Located at a Major Source of HAP Emissions

    [As stated in Sec.  63.6600, you must comply with the following
emission limitations for existing, new and reconstructed 4SRB stationary
RICE 500 HP located at a major source of HAP emissions at 100
                 percent load plus or minus 10 percent]
------------------------------------------------------------------------
                                           You must meet the following
              For each...                    emission limitations...
------------------------------------------------------------------------
1. 4SRB stationary RICE................  a. reduce formaldehyde
                                          emissions by 76 percent or
                                          more. If you commenced
                                          construction or reconstruction
                                          between December 19, 2002 and
                                          June 15, 2004, you may reduce
                                          formaldehyde emissions by 75
                                          percent or more until June 15,
                                          2007;
                                         or
                                         b. limit the concentration of
                                          formaldehyde in the stationary
                                          RICE exhaust 350 ppbvd or less
                                          at 15 percent O2.
------------------------------------------------------------------------


[73 FR 3607, Jan. 18, 2008]



  Sec. Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for 

 Existing, New, and Reconstructed Spark Ignition, 4SRB Stationary RICE 

      500 HP Located at a Major Source of HAP Emissions

[As stated in Sec. Sec.  63.6600, 63.6630 and 63.6640, you must comply
 with the following operating emission limitations for existing, new and
 reconstructed 4SRB stationary RICE 500 HP located at a major
                        source of HAP emissions]
------------------------------------------------------------------------
                                           You must meet the following
              For each...                    operating limitation...
------------------------------------------------------------------------
1. 4SRB stationary RICE complying with   a. maintain your catalyst so
 the requirement to reduce formaldehyde   that the pressure drop across
 emissions by 76 percent or more (or by   the catalyst does not change
 75 percent or more, if applicable) and   by more than 2 inches of water
 using NSCR;.                             at 100 percent load plus or
or.....................................   minus 10 percent from the
                                          pressure drop across the
                                          catalyst measured during the
                                          initial performance test; and
4SRB stationary RICE complying with the  b. maintain the temperature of
 requirement to limit the concentration   your stationary RICE exhaust
 of formaldehyde in the stationary RICE   so that the catalyst inlet
 exhaust to 350 ppbvd or less at 15       temperature is greater than or
 percent O2 and using NSCR..              equal to 750 [deg]F and less
                                          than or equal to 1250 [deg]F.
2. 4SRB stationary RICE complying with   Comply with any operating
 the requirement to reduce formaldehyde   limitations approved by the
 emissions by 76 percent or more (or by   Administrator.
 75 percent or more, if applicable) and
 not using NSCR;.
or.....................................
4SRB stationary RICE complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust to 350 ppbvd or less at 15
 percent O2 and not using NSCR..
------------------------------------------------------------------------


[73 FR 3607, Jan. 18, 2008]



 Sec. Table 2a to Subpart ZZZZ of Part 63--Emission Limitations for New 

    and Reconstructed 2SLB and Compression Ignition Stationary RICE 

500 HP and 4SLB Stationary RICE =250 HP Located at 

                     a Major Source of HAP Emissions

[As stated in Sec. Sec.  63.6600 and 63.6601, you must comply with the
 following emission limitations for new and reconstructed lean burn and
    new and reconstructed compression ignition stationary RICE at 100
                 percent load plus or minus 10 percent]
------------------------------------------------------------------------
                                           You must meet the following
              For each...                     emission limitation...
------------------------------------------------------------------------
1. 2SLB stationary RICE................  a. reduce CO emissions by 58
                                          percent or more;
                                         or
                                         b. limit concentration of
                                          formaldehyde in the stationary
                                          RICE exhaust to 12 ppmvd or
                                          less at 15 percent O2. If you
                                          commenced construction or
                                          reconstruction between
                                          December 19, 2002 and June 15,
                                          2004, you may limit
                                          concentration of formaldehyde
                                          to 17 ppmvd or less at 15
                                          percent O2 until June 15,
                                          2007.
2. 4SLB stationary RICE................  a. reduce CO emissions by 93
                                          percent or more;
                                         or
                                         b. limit concentration of
                                          formaldehyde in the stationary
                                          RICE exhaust to 14 ppmvd or
                                          less at 15 percent O2.
3. CI stationary RICE..................  a. reduce CO emissions by 70
                                          percent or more;
                                         or

[[Page 33]]

 
                                         b. limit concentration of
                                          formaldehyde in the stationary
                                          RICE exhaust to 580 ppbvd or
                                          less at 15 percent O2.
------------------------------------------------------------------------


[73 FR 3608, Jan. 18, 2008]



Sec. Table 2b to Subpart ZZZZ of Part 63--Operating Limitations for New 

    and Reconstructed 2SLB and Compression Ignition Stationary RICE 

   500 HP and 4SLB Burn Stationary RICE =250 HP 

               Located at a Major Source of HAP Emissions

 [As stated in Sec. Sec.  63.6600, 63.6601, 63.6630, and 63.6640, you
    must comply with the following operating limitations for new and
 reconstructed lean burn and new and reconstructed compression ignition
                               stationary]
------------------------------------------------------------------------
                                           You must meet the following
              For each...                    operating limitation...
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary RICE and CI  a. maintain your catalyst so
 stationary RICE complying with the       that the pressure drop across
 requirement to reduce CO emissions and   the catalyst does not change
 using an oxidation catalyst; or 2SLB     by more than 2 inches of water
 and 4SLB stationary RICE and CI          at 100 percent load plus or
 stationary RICE complying with the       minus 10 percent from the
 requirement to limit the concentration   pressure drop across the
 of formaldehyde in the stationary RICE   catalyst that was measured
 exhaust and using an oxidation           during the initial performance
 catalyst.                                test; and
                                         b. maintain the temperature of
                                          your stationary RICE exhaust
                                          so that the catalyst inlet
                                          temperature is greater than or
                                          equal to 450 [deg]F and less
                                          than or equal to 1350 [deg]F.
2. 2SLB and 4SLB stationary RICE and CI  Comply with any operating
 stationary RICE complying with the       limitations approved by the
 requirement to reduce CO emissions and   Administrator.
 not using an oxidation catalyst; or
 2SLB and 4SLB stationary RICE and CI
 stationary RICE complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust and not using an oxidation
 catalyst.
------------------------------------------------------------------------


[73 FR 3608, Jan. 18, 2008]



  Sec. Table 3 to Subpart ZZZZ of Part 63--Subsequent Performance Tests

[As stated in Sec. Sec.  63.6615 and 63.6620, you must comply with the
           following subsequent performance test requirements]
------------------------------------------------------------------------
                               Complying with the
       For each . . .         requirement to . . .     You must . . .
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary   Reduce CO emissions   Conduct subsequent
 RICE and CI stationary RICE.  and not using a       performance tests
                               CEMS.                 semiannually.\1\
2. 4SRB stationary RICE with  Reduce formaldehyde   Conduct subsequent
 a brake horsepower =5,000.                                          semiannually.\1\
3. Stationary RICE (all       Limit the             Conduct subsequent
 stationary RICE               concentration of      performance tests
 subcategories and all brake   formaldehyde in the   semiannually. \1\
 horsepower ratings).          stationary RICE
                               exhaust.
------------------------------------------------------------------------
\1\ After you have demonstrated compliance for two consecutive tests,
  you may reduce the frequency of subsequent performance tests to
  annually. If the results of any subsequent annual performance test
  indicate the stationary RICE is not in compliance with the CO or
  formaldehyde emission limitation, or you deviate from any of your
  operating limitations, you must resume semiannual performance tests.



 Sec. Table 4 to Subpart ZZZZ of Part 63--Requirements for Performance 
                                  Tests

      [As stated in Sec. Sec.  63.6610, 63.6611, 63.6620, and 63.6640, you must comply with the following
                             requirements for performance tests for stationary RICE]
----------------------------------------------------------------------------------------------------------------
                                  Complying with the                                           According to the
         For each . . .           requirement to . .    You must . . .        Using . . .          following
                                           .                                                  requirements . . .
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI stationary  a. Reduce CO        i. Measure the O2   (1) Portable CO     (a) Using ASTM
 RICE.                             emissions.          at the inlet and    and O2 analyzer.    D6522-00 (2005)
                                                       outlet of the                           \a\ (incorporated
                                                       control device;                         by reference, see
                                                       and.                                    Sec.  63.14).
                                                                                               Measurements to
                                                                                               determine O2 must
                                                                                               be made at the
                                                                                               same time as the
                                                                                               measurements for
                                                                                               CO concentration.

[[Page 34]]

 
                                                      ii. Measure the CO  (1) Portable CO     (a) Using ASTM
                                                       at the inlet and    and O2 analyzer.    D6522-00 (2005)
                                                       the outlet of the                       \a\ (incorporated
                                                       control device.                         by reference, see
                                                                                               Sec.  63.14) or
                                                                                               Method 10 of 40
                                                                                               CFR, appendix A.
                                                                                               The CO
                                                                                               concentration
                                                                                               must be at 15
                                                                                               percent O2, dry
                                                                                               basis.
2. 4SRB stationary RICE.........  a. Reduce           i. Select the       (1) Method 1 or 1A  (a) Sampling sites
                                   formaldehyde        sampling port       of 40 CFR part      must be located
                                   emissions.          location and the    60, appendix A      at the inlet and
                                                       number of           Sec.               outlet of the
                                                       traverse points;    63.7(d)(1)(i).      control device.
                                                       and.
                                                      ii. Measure O2 at   (1) Method 3 or 3A  (a) Measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A, or ASTM Method   must be made at
                                                       and.                D6522-00 (2005)..   the same time as
                                                                                               the measurements
                                                                                               for formaldehyde
                                                                                               concentration.
                                                      iii. Measure        (1) Method 4 of 40  (a) Measurements
                                                       moisture content    CFR part 60,        to determine
                                                       at the inlet and    appendix A, or      moisture content
                                                       outlet of the       Test Method 320     must be made at
                                                       control device;     of 40 CFR part      the same time and
                                                       and.                63, appendix A,     location as the
                                                                           or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iv. Measure         (1) Method 320 or   (a) Formaldehyde
                                                       formaldehyde at     323 of 40 CFR       concentration
                                                       the inlet and the   part 63, appendix   must be at 15
                                                       outlet of the       A; or ASTM D6348-   percent O2, dry
                                                       control device.     03 \b\, provided    basis. Results of
                                                                           in ASTM D6348-03    this test consist
                                                                           Annex A5 (Analyte   of the average of
                                                                           Spiking             the three 1-hour
                                                                           Technique), the     or longer runs.
                                                                           percent R must be
                                                                           greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.
3. Stationary RICE..............  a. Limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   formaldehyde in     location and the    60, appendix A      the sampling site
                                   the stationary      number of           Sec.               must be located
                                   RICE exhaust.       traverse points;    63.7(d)(1)(i).      at the outlet of
                                                       and.                                    the control
                                                                                               device.
                                                      ii. Determine the   (1) Method 3 or 3A  (a) Measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       RICE exhaust at     A, or ASTM Method   must be made at
                                                       the sampling port   D6522-00 (2005).    the same time and
                                                       location; and.                          location as the
                                                                                               measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iii. Measure        (1) Method 4 of 40  (a) Measurements
                                                       moisture content    CFR part 60,        to determine
                                                       of the stationary   appendix A, or      moisture content
                                                       RICE exhaust at     Test Method 320     must be made at
                                                       the sampling port   of 40 CFR part      the same time and
                                                       location; and.      63, appendix A,     location as the
                                                                           or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde
                                                                                               concentration.

[[Page 35]]

 
                                                      iv. Measure         (1) Method 320 or   (a) Formaldehyde
                                                       formaldehyde at     323 of 40 CFR       concentration
                                                       the exhaust of      part 63, appendix   must be at 15
                                                       the stationary      A; or ASTM D6348-   percent O2, dry
                                                       RICE.               03 \b\, provided    basis. Results of
                                                                           in ASTM D6348-03    this test consist
                                                                           Annex A5 (Analyte   of the average of
                                                                           Spiking             the three 1-hour
                                                                           Technique), the     or longer runs.
                                                                           percent R must be
                                                                           greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.
----------------------------------------------------------------------------------------------------------------
\a\ You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTM-D6522-
  00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
  Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms International, 300 North Zeeb Road,
  Ann Arbor, MI 48106.
\b\ You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
  Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
  International, 300 North Zeeb Road, Ann Arbor, MI 48106.


[73 FR 3609, Jan. 18, 2008]



    Sec. Table 5 to Subpart ZZZZ of Part 63--Initial Compliance With 
             Emission Limitations and Operating Limitations

   [As stated in Sec. Sec.  63.6625 and 63.6630, you must initially
  comply with the emission and operating limitations as required by the
                               following]
------------------------------------------------------------------------
                                                          You have
       For each . . .          Complying with the   demonstrated initial
                              requirement to . . .   compliance if . . .
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary   a. Reduce CO          i. the average
 RICE and CI stationary RICE.  emissions and using   reduction of
                               oxidation catalyst,   emissions of CO
                               and using a CPMS.     determined from the
                                                     initial performance
                                                     test achieves the
                                                     required CO percent
                                                     reduction; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
2. 2SLB and 4SLB stationary   a. Reduce CO          i. The average
 RICE and CI stationary RICE.  emissions and not     reduction of
                               using oxidation       emissions of CO
                               catalyst.             determined from the
                                                     initial performance
                                                     test achieves the
                                                     required CO percent
                                                     reduction; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
3. 2SLB and 4SLB stationary   a. Reduce CO          i. You have
 RICE and CI stationary RICE.  emissions, and        installed a CEMS to
                               using a CEMS.         continuously
                                                     monitor CO and
                                                     either O2 or CO2 at
                                                     both the inlet and
                                                     outlet of the
                                                     oxidation catalyst
                                                     according to the
                                                     requirements in
                                                     Sec.  63.6625(a);
                                                     and
                                                    ii. You have
                                                     conducted a
                                                     performance
                                                     evaluation of your
                                                     CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B; and
                                                    iii. The average
                                                     reduction of CO
                                                     calculated using
                                                     Sec.  63.6620
                                                     equals or exceeds
                                                     the required
                                                     percent reduction.
                                                     The initial test
                                                     comprises the first
                                                     4-hour period after
                                                     successful
                                                     validation of the
                                                     CEMS. Compliance is
                                                     based on the
                                                     average percent
                                                     reduction achieved
                                                     during the 4-hour
                                                     period.

[[Page 36]]

 
4. 4SRB stationary RICE.....  a. Reduce             i. The average
                               formaldehyde          reduction of
                               emissions and using   emissions of
                               NSCR.                 formaldehyde
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than the
                                                     required
                                                     formaldehyde
                                                     percent reduction;
                                                     and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
5. 4SRB stationary RICE.....  a. Reduce             i. The average
                               formaldehyde          reduction of
                               emissions and not     emissions of
                               using NSCR.           formaldehyde
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than the
                                                     required
                                                     formaldehyde
                                                     percent reduction;
                                                     and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
6. Stationary RICE..........  a. Limit the          i. The average
                               concentration of      formaldehyde
                               formaldehyde in the   concentration,
                               stationary RICE       corrected to 15
                               exhaust and using     percent O2, dry
                               oxidation catalyst    basis, from the
                               or NSCR.              three test runs is
                                                     less than or equal
                                                     to the formaldehyde
                                                     emission
                                                     limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
7. Stationary RICE..........  a. Limit the          i. The average
                               concentration of      formaldehyde
                               formaldehyde in the   concentration,
                               stationary RICE       corrected to 15
                               exhaust and not       percent O2, dry
                               using oxidation       basis, from the
                               catalyst or NSCR.     three test runs is
                                                     less than or equal
                                                     to the formaldehyde
                                                     emission
                                                     limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
------------------------------------------------------------------------



  Sec. Table 6 to Subpart ZZZZ of Part 63--Continuous Compliance With 
             Emission Limitations and Operating Limitations

   [As stated in Sec.  63.6640, you must continuously comply with the
    emissions and operating limitations as required by the following]
------------------------------------------------------------------------
                                                    You must demonstrate
                               Complying with the        continuous
       For each . . .         requirement to . . .   compliance by . . .
 
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary   a. Reduce CO          i. Conducting
 RICE and CI stationary RICE.  emissions and using   semiannual
                               an oxidation          performance tests
                               catalyst, and using   for CO to
                               a CPMS.               demonstrate that
                                                     the required CO
                                                     percent reduction
                                                     is achieved \1\;
                                                     and
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and

[[Page 37]]

 
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
2. 2SLB and 4SLB stationary   a. Reduce CO          i. Conducting
 RICE and CI stationary RICE.  emissions and not     semiannual
                               using an oxidation    performance tests
                               catalyst, and using   for CO to
                               a CPMS.               demonstrate that
                                                     the required CO
                                                     percent reduction
                                                     is achieved \1\;
                                                     and
                                                    ii. Collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.  63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
3. 2SLB and 4SLB stationary   a. Reduce CO          i. Collecting the
 RICE and CI stationary RICE.  emissions and using   monitoring data
                               a CEMS.               according to Sec.
                                                     63.6625(a),
                                                     reducing the
                                                     measurements to 1-
                                                     hour averages,
                                                     calculating the
                                                     percent reduction
                                                     of CO emissions
                                                     according to Sec.
                                                     63.6620; and
                                                    ii. Demonstrating
                                                     that the catalyst
                                                     achieves the
                                                     required percent
                                                     reduction of CO
                                                     emissions over the
                                                     4-hour averaging
                                                     period; and
                                                    iii. Conducting an
                                                     annual RATA of your
                                                     CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B, as
                                                     well as daily and
                                                     periodic data
                                                     quality checks in
                                                     accordance with 40
                                                     CFR part 60,
                                                     appendix F,
                                                     procedure 1.
4. 4SRB stationary RICE.....  a. Reduce             i. Collecting the
                               formaldehyde          catalyst inlet
                               emissions and using   temperature data
                               NSCR.                 according to Sec.
                                                     63.6625(b); and
                                                    ii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iii. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    iv. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
5. 4SRB stationary RICE.....  a. Reduce             i. Collecting the
                               formaldehyde          approved operating
                               emissions and not     parameter (if any)
                               using NSCR.           data according to
                                                     Sec.  63.6625(b);
                                                     and
                                                    ii. reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                    iii. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
6. 4SRB stationary RICE with  Reduce formaldehyde   Conducting
 a brake horsepower =5,000.                                          performance tests
                                                     for formaldehyde to
                                                     demonstrate that
                                                     the required
                                                     formaldehyde
                                                     percent reduction
                                                     is achieved \1\.
7. Stationary RICE..........  Limit the             i. Conducting
                               concentration of      semiannual
                               formaldehyde in the   performance tests
                               stationary RICE       for formaldehyde to
                               exhaust and using     demonstrate that
                               oxidation catalyst    your emissions
                               or NSCR.              remain at or below
                                                     the formaldehyde
                                                     concentration limit
                                                     \1\; and

[[Page 38]]

 
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
8. Stationary RICE..........  Limit the             i. Conducting
                               concentration of      semiannual
                               formaldehyde in the   performance tests
                               stationary RICE       for formaldehyde to
                               exhaust and not       demonstrate that
                               using oxidation       your emissions
                               catalyst or NSCR.     remain at or below
                                                     the formaldehyde
                                                     concentration limit
                                                     \1\; and
                                                    ii. Collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.  63.6625(b);
                                                     and
                                                    ii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iii. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
------------------------------------------------------------------------
\1\ After you have demonstrated compliance for two consecutive tests,
  you may reduce the frequency of subsequent performance tests to
  annually. If the results of any subsequent annual performance test
  indicate the stationary RICE is not in compliance with the CO or
  formaldehyde emission limitation, or you deviate from any of your
  operating limitations, you must resume semiannual performance tests.



    Sec. Table 7 to Subpart ZZZZ of Part 63--Requirements for Reports

    [As stated in Sec.  63.6650, you must comply with the following
                        requirements for reports]
------------------------------------------------------------------------
                                 The report must     You must submit the
    You must submit a(n)          contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report........  a. If there are no    i. Semiannually
                               deviations from any   according to the
                               emission              requirements in
                               limitations or        Sec.  63.6650(b).
                               operating
                               limitations that
                               apply to you, a
                               statement that
                               there were no
                               deviations from the
                               emission
                               limitations or
                               operating
                               limitations during
                               the reporting
                               period. If there
                               were no periods
                               during which the
                               CMS, including CEMS
                               and CPMS, was out-
                               of-control, as
                               specified in Sec.
                               63.8(c)(7), a
                               statement that
                               there were not
                               periods during
                               which the CMS was
                               out-of-control
                               during the
                               reporting period;
                               or
                              b. If you had a       i. Semiannually
                               deviation from any    according to the
                               emission limitation   requirements in
                               or operating          Sec.  63.6650(b).
                               limitation during
                               the reporting
                               period, the
                               information in Sec.
                                 63.6650(d). If
                               there were periods
                               during which the
                               CMS, including CEMS
                               and CPMS, was out-
                               of-control, as
                               specified in Sec.
                               63.8(c)(7), the
                               information in Sec.
                                 63.6650(e); or
                              c. If you had a       i. Semiannually
                               startup, shutdown     according to the
                               or malfunction        requirements in
                               during the            Sec.  63.6650(b).
                               reporting period,
                               the information in
                               Sec.
                               63.10(d)(5)(i).
2. An immediate startup,      a. Actions taken for  i. By fax or
 shutdown, and malfunction     the event; and        telephone within 2
 report if actions                                   working days after
 addressing the startup,                             starting actions
 shutdown, or malfunction                            inconsistent with
 were inconsistent with your                         the plan.
 startup, shutdown, or
 malfunction plan during the
 reporting period.

[[Page 39]]

 
                              b. The information    i. By letter within
                               in Sec.              7 working days
                               63.10(d)(5)(ii).      after the end of
                                                     the event unless
                                                     you have made
                                                     alternative
                                                     arrangements with
                                                     the permitting
                                                     authorities. (Sec.
                                                      63.10(d)(5)(ii))
3. Report...................  a. The fuel flow      i. Annually,
                               rate of each fuel     according to the
                               and the heating       requirements in
                               values that were      Sec.  63.6650.
                               used in your
                               calculations, and
                               you must
                               demonstrate that
                               the percentage of
                               heat input provided
                               by landfill gas or
                               digester gas, is
                               equivalent to 10
                               percent or more of
                               the gross heat
                               input on an annual
                               basis; and
                              b. The operating      i. See item 3.a.i.
                               limits provided in
                               your federally
                               enforceable permit,
                               and any deviations
                               from these limits;
                               and
                              c. Any problems or    i. See item 3.a.i.
                               errors suspected
                               with the meters.
------------------------------------------------------------------------



   Sec. Table 8 to Subpart ZZZZ of Part 63--Applicability of General 
                       Provisions to Subpart ZZZZ

         [As stated in Sec.  63.6665, you must comply with the following applicable general provisions]
----------------------------------------------------------------------------------------------------------------
     General provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1..........................  General applicability    Yes....................
                                        of the General
                                        Provisions.
Sec.  63.2..........................  Definitions............  Yes....................  Additional terms
                                                                                          defined in Sec.
                                                                                          63.6675.
Sec.  63.3..........................  Units and abbreviations  Yes....................
Sec.  63.4..........................  Prohibited activities    Yes....................
                                        and circumvention.
Sec.  63.5..........................  Construction and         Yes....................
                                        reconstruction.
Sec.  63.6(a).......................  Applicability..........  Yes....................
Sec.  63.6(b)(1)-(4)................  Compliance dates for     Yes....................
                                        new and reconstructed
                                        sources.
Sec.  63.6(b)(5)....................  Notification...........  Yes....................
Sec.  63.6(b)(6)....................  [Reserved].............
Sec.  63.6(b)(7)....................  Compliance dates for     Yes....................
                                        new and reconstructed
                                        area sources that
                                        become major sources.
Sec.  63.6(c)(1)-(2)................  Compliance dates for     Yes....................
                                        existing sources.
Sec.  63.6(c)(3)-(4)................  [Reserved].............
Sec.  36.6(c)(5)....................  Compliance dates for     Yes....................
                                        existing area sources
                                        that become major
                                        sources.
Sec.  63.6(d).......................  [Reserved].............
Sec.  63.6(e)(1)....................  Operation and            Yes....................
                                        maintenance.
Sec.  63.6(e)(2)....................  [Reserved].............
Sec.  63.6(e)(3)....................  Startup, shutdown, and   Yes....................
                                        malfunction plan.
Sec.  63.6(f)(1)....................  Applicability of         Yes....................
                                        standards except
                                        during startup
                                        shutdown malfunction
                                        (SSM).
Sec.  63.6(f)(2)....................  Methods for determining  Yes....................
                                        compliance.
Sec.  63.6(f)(3)....................  Finding of compliance..  Yes....................
Sec.  63.6(g)(1)-(3)................  Use of alternate         Yes....................
                                        standard.
Sec.  63.6(h).......................  Opacity and visible      No.....................  Subpart ZZZZ does not
                                        emission standards.                               contain opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.  63.6(i).......................  Compliance extension     Yes....................
                                        procedures and
                                        criteria.
Sec.  63.6(j).......................  Presidential compliance  Yes....................
                                        exemption.
Sec.  63.7(a)(1)-(2)................  Performance test dates.  Yes....................  Subpart ZZZZ contains
                                                                                          performance test dates
                                                                                          at Sec. Sec.
                                                                                          63.6610 and 63.6611.

[[Page 40]]

 
Sec.  63.7(a)(3)....................  CAA section 114          Yes....................
                                        authority.
Sec.  63.7(b)(1)....................  Notification of          Yes....................
                                        performance test.
Sec.  63.7(b)(2)....................  Notification of          Yes....................
                                        rescheduling.
Sec.  63.7(c).......................  Quality assurance/test   Yes....................
                                        plan.
Sec.  63.7(d).......................  Testing facilities.....  Yes....................
Sec.  63.7(e)(1)....................  Conditions for           Yes....................
                                        conducting performance
                                        tests.
Sec.  63.7(e)(2)....................  Conduct of performance   Yes....................  Subpart ZZZZ specifies
                                        tests and reduction of                            test methods at Sec.
                                        data.                                             63.6620.
Sec.  63.7(e)(3)....................  Test run duration......  Yes....................
Sec.  63.7(e)(4)....................  Administrator may        Yes....................
                                        require other testing
                                        under section 114 of
                                        the CAA.
Sec.  63.7(f).......................  Alternative test method  Yes....................
                                        provisions.
Sec.  63.7(g).......................  Performance test data    Yes....................
                                        analysis,
                                        recordkeeping, and
                                        reporting.
Sec.  63.7(h).......................  Waiver of tests........  Yes....................
Sec.  63.8(a)(1)....................  Applicability of         Yes....................  Subpart ZZZZ contains
                                        monitoring                                        specific requirements
                                        requirements.                                     for monitoring at Sec.
                                                                                            63.6625.
Sec.  63.8(a)(2)....................  Performance              Yes....................
                                        specifications.
Sec.  63.8(a)(3)....................  [Reserved].............
Sec.  63.8(a)(4)....................  Monitoring for control   No.....................
                                        devices.
Sec.  63.8(b)(1)....................  Monitoring.............  Yes....................
Sec.  63.8(b)(2)-(3)................  Multiple effluents and   Yes....................
                                        multiple monitoring
                                        systems.
Sec.  63.8(c)(1)....................  Monitoring system        Yes....................
                                        operation and
                                        maintenance.
Sec.  63.8(c)(1)(i).................  Routine and predictable  Yes....................
                                        SSM.
Sec.  63.8(c)(1)(ii)................  SSM not in Startup       Yes....................
                                        Shutdown Malfunction
                                        Plan.
Sec.  63.8(c)(1)(iii)...............  Compliance with          Yes....................
                                        operation and
                                        maintenance
                                        requirements.
Sec.  63.8(c)(2)-(3)................  Monitoring system        Yes....................
                                        installation.
Sec.  63.8(c)(4)....................  Continuous monitoring    Yes....................  Except that subpart
                                        system (CMS)                                      ZZZZ does not require
                                        requirements.                                     Continuous Opacity
                                                                                          Monitoring System
                                                                                          (COMS).
Sec.  63.8(c)(5)....................  COMS minimum procedures  No.....................  Subpart ZZZZ does not
                                                                                          require COMS.
Sec.  63.8(c)(6)-(8)................  CMS requirements.......  Yes....................  Except that subpart
                                                                                          ZZZZ does not require
                                                                                          COMS.
Sec.  63.8(d).......................  CMS quality control....  Yes....................
Sec.  63.8(e).......................  CMS performance          Yes....................  Except for Sec.
                                        evaluation.                                       63.8(e)(5)(ii), which
                                                                                          applies to COMS.
Sec.  63.8(f)(1)-(5)................  Alternative monitoring   Yes....................
                                        method.
Sec.  63.8(f)(6)....................  Alternative to relative  Yes....................
                                        accuracy test.
Sec.  63.8(g).......................  Data reduction.........  Yes....................  Except that provisions
                                                                                          for COMS are not
                                                                                          applicable. Averaging
                                                                                          periods for
                                                                                          demonstrating
                                                                                          compliance are
                                                                                          specified at Sec.
                                                                                          Sec.  63.6635 and
                                                                                          63.6640.
Sec.  63.9(a).......................  Applicability and State  Yes....................
                                        delegation of
                                        notification
                                        requirements.
Sec.  63.9(b)(1)-(5)................  Initial notifications..  Yes....................  Except that Sec.
                                                                                          63.9(b)(3) is
                                                                                          reserved.
Sec.  63.9(c).......................  Request for compliance   Yes....................
                                        extension.
Sec.  63.9(d).......................  Notification of special  Yes....................
                                        compliance
                                        requirements for new
                                        sources.
Sec.  63.9(e).......................  Notification of          Yes....................
                                        performance test.

[[Page 41]]

 
Sec.  63.9(f).......................  Notification of visible  No.....................  Subpart ZZZZ does not
                                        emission (VE)/opacity                             contain opacity or VE
                                        test.                                             standards.
Sec.  63.9(g)(1)....................  Notification of          Yes....................
                                        performance evaluation.
Sec.  63.9(g)(2)....................  Notification of use of   No.....................  Subpart ZZZZ does not
                                        COMS data.                                        contain opacity or VE
                                                                                          standards.
Sec.  63.9(g)(3)....................  Notification that        Yes....................  If alternative is in
                                        criterion for                                     use.
                                        alternative to RATA is
                                        exceeded.
Sec.  63.9(h)(1)-(6)................  Notification of          Yes....................  Except that
                                        compliance status.                                notifications for
                                                                                          sources using a CEMS
                                                                                          are due 30 days after
                                                                                          completion of
                                                                                          performance
                                                                                          evaluations. Sec.
                                                                                          63.9(h)(4) is
                                                                                          reserved.
Sec.  63.9(i).......................  Adjustment of submittal  Yes....................
                                        deadlines.
Sec.  63.9(j).......................  Change in previous       Yes....................
                                        information.
Sec.  63.10(a)......................  Administrative           Yes....................
                                        provisions for record
                                        keeping/reporting.
Sec.  63.10(b)(1)...................  Record retention.......  Yes....................
Sec.  63.10(b)(2)(i)-(v)............  Records related to SSM.  Yes....................
Sec.  63.10(b)(2)(vi)-(xi)..........  Records................  Yes....................
Sec.  63.10(b)(2)(xii)..............  Record when under        Yes....................
                                        waiver.
Sec.  63.10(b)(2)(xiii).............  Records when using       Yes....................  For CO standard if
                                        alternative to RATA.                              using RATA
                                                                                          alternative.
Sec.  63.10(b)(2)(xiv)..............  Records of supporting    Yes....................
                                        documentation.
Sec.  63.10(b)(3)...................  Records of               Yes....................
                                        applicability
                                        determination.
Sec.  63.10(c)......................  Additional records for   Yes....................  Except that Sec.
                                        sources using CEMS.                               63.10(c)(2)-(4) and
                                                                                          (9) are reserved.
Sec.  63.10(d)(1)...................  General reporting        Yes....................
                                        requirements.
Sec.  63.10(d)(2)...................  Report of performance    Yes....................
                                        test results.
Sec.  63.10(d)(3)...................  Reporting opacity or VE  No.....................  Subpart ZZZZ does not
                                        observations.                                     contain opacity or VE
                                                                                          standards.
Sec.  63.10(d)(4)...................  Progress reports.......  Yes....................
Sec.  63.10(d)(5)...................  Startup, shutdown, and   Yes....................
                                        malfunction reports.
Sec.  63.10(e)(1) and (2)(i)........  Additional CMS reports.  Yes....................
Sec.  63.10(e)(2)(ii)...............  COMS-related report....  No.....................  Subpart ZZZZ does not
                                                                                          require COMS.
Sec.  63.10(e)(3)...................  Excess emission and      Yes....................  Except that Sec.
                                        parameter exceedances                             63.10(e)(3)(i)(C) is
                                        reports.                                          reserved.
Sec.  63.10(e)(4)...................  Reporting COMS data....  No.....................  Subpart ZZZZ does not
                                                                                          require COMS.
Sec.  63.10(f)......................  Waiver for               Yes....................
                                        recordkeeping/
                                        reporting.
Sec.  63.11.........................  Flares.................  No.....................
Sec.  63.12.........................  State authority and      Yes....................
                                        delegations.
Sec.  63.13.........................  Addresses..............  Yes....................
Sec.  63.14.........................  Incorporation by         Yes....................
                                        reference.
Sec.  63.15.........................  Availability of          Yes....................
                                        information.
----------------------------------------------------------------------------------------------------------------


[73 FR 3610, Jan. 18, 2008]

[[Page 42]]



 Subpart AAAAA_National Emission Standards for Hazardous Air Pollutants 
                      for Lime Manufacturing Plants

    Source: 69 FR 416, Jan. 5, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.7080  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for lime manufacturing plants. This subpart also 
establishes requirements to demonstrate initial and continuous 
compliance with the emission limitations.



Sec. 63.7081  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a lime 
manufacturing plant (LMP) that is a major source, or that is located at, 
or is part of, a major source of hazardous air pollutant (HAP) 
emissions, unless the LMP is located at a kraft pulp mill, soda pulp 
mill, sulfite pulp mill, beet sugar manufacturing plant, or only 
processes sludge containing calcium carbonate from water softening 
processes.
    (1) An LMP is an establishment engaged in the manufacture of lime 
product (calcium oxide, calcium oxide with magnesium oxide, or dead 
burned dolomite) by calcination of limestone, dolomite, shells or other 
calcareous substances.
    (2) A major source of HAP is a plant site that 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 HAP at a rate of 22.68 megagrams 
(25 tons) or more per year from all emission sources at the plant site.
    (b) [Reserved]



Sec. 63.7082  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing or new lime kiln(s) and 
their associated cooler(s), and processed stone handling (PSH) 
operations system(s) located at an LMP that is a major source.
    (b) A new lime kiln is a lime kiln, and (if applicable) its 
associated lime cooler, for which construction or reconstruction began 
after December 20, 2002, if you met the applicability criteria in Sec. 
63.7081 at the time you began construction or reconstruction.
    (c) A new PSH operations system is the equipment in paragraph (g) of 
this section, for which construction or reconstruction began after 
December 20, 2002, if you met the applicability criteria in Sec. 
63.7081 at the time you began construction or reconstruction.
    (d) A lime kiln or PSH operations system is reconstructed if it 
meets the criteria for reconstruction defined in Sec. 63.2.
    (e) An existing lime kiln is any lime kiln, and (if applicable) its 
associated lime cooler, that does not meet the definition of a new kiln 
of paragraph (b) of this section.
    (f) An existing PSH operations system is any PHS operations system 
that does not meet the definition of a new PSH operations system in 
paragraph (c) of this section.
    (g) A PSH operations system includes all equipment associated with 
PSH operations beginning at the processed stone storage bin(s) or open 
storage pile(s) and ending where the processed stone is fed into the 
kiln. It includes man-made processed stone storage bins (but not open 
processed stone storage piles), conveying system transfer points, bulk 
loading or unloading systems, screening operations, surge bins, bucket 
elevators, and belt conveyors. No other materials processing operations 
are subject to this subpart.
    (h) Nuisance dust collectors on lime coolers are part of the lime 
materials processing operations and are not covered by this subpart.
    (i) Lime hydrators are not subject to this subpart.
    (j) Open material storage piles are not subject to this subpart.



Sec. 63.7083  When do I have to comply with this subpart?

    (a) If you have a new affected source, you must comply with this 
subpart according to paragraphs (a)(1) and (2) of this section.
    (1) If you start up your affected source before January 5, 2004, you 
must

[[Page 43]]

comply with the emission limitations no later than January 5, 2004, and 
you must have completed all applicable performance tests no later than 
July 5, 2004.
    (2) If you start up your affected source after January 5, 2004, then 
you must comply with the emission limitations for new affected sources 
upon startup of your affected source and you must have completed all 
applicable performance tests no later than 180 days after startup.
    (b) If you have an existing affected source, you must comply with 
the applicable emission limitations for the existing affected source, 
and you must have completed all applicable performance tests no later 
than January 5, 2007.
    (c) If you have an LMP that is an area source that increases its 
emissions or its potential to emit such that it becomes a major source 
of HAP, the deadlines specified in paragraphs (c)(1) and (2) of this 
section apply.
    (1) New affected sources at your LMP you must be in compliance with 
this subpart upon startup.
    (2) Existing affected sources at your LMP must be in compliance with 
this subpart within 3 years after your source becomes a major source of 
HAP.
    (d) You must meet the notification requirements in Sec. 63.7130 
according to the schedule in Sec. 63.7130 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limitations in this subpart.

                          Emission Limitations



Sec. 63.7090  What emission limitations must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.

                     General Compliance Requirements



Sec. 63.7100  What are my general requirements for complying with this 

subpart?

    (a) After your initial compliance date, you must be in compliance 
with the emission limitations (including operating limits) in this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction.
    (b) You must be in compliance with the opacity and visible emission 
(VE) limits in this subpart during the times specified in Sec. 
63.6(h)(1).
    (c) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (d) You must prepare and implement for each LMP, a written 
operations, maintenance, and monitoring (OM&M) plan. You must submit the 
plan to the applicable permitting authority for review and approval as 
part of the application for a 40 CFR part 70 or 40 CFR part 71 permit. 
Any subsequent changes to the plan must be submitted to the applicable 
permitting authority for review and approval. Pending approval by the 
applicable permitting authority of an initial or amended plan, you must 
comply with the provisions of the submitted plan. Each plan must contain 
the following information:
    (1) Process and control device parameters to be monitored to 
determine compliance, along with established operating limits or ranges, 
as applicable, for each emission unit.
    (2) A monitoring schedule for each emission unit.
    (3) Procedures for the proper operation and maintenance of each 
emission unit and each air pollution control device used to meet the 
applicable emission limitations and operating limits in Tables 1 and 2 
to this subpart, respectively.
    (4) Procedures for the proper installation, operation, and 
maintenance of monitoring devices or systems used to determine 
compliance, including:
    (i) Calibration and certification of accuracy of each monitoring 
device;
    (ii) Performance and equipment specifications for the sample 
interface, parametric signal analyzer, and the data collection and 
reduction systems;
    (iii) Ongoing operation and maintenance procedures in accordance 
with the general requirements of Sec. 63.8(c)(1), (3), and (4)(ii); and
    (iv) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec. 63.8(d).

[[Page 44]]

    (5) Procedures for monitoring process and control device parameters.
    (6) Corrective actions to be taken when process or operating 
parameters or add-on control device parameters deviate from the 
operating limits specified in Table 2 to this subpart, including:
    (i) Procedures to determine and record the cause of a deviation or 
excursion, and the time the deviation or excursion began and ended; and
    (ii) Procedures for recording the corrective action taken, the time 
corrective action was initiated, and the time and date the corrective 
action was completed.
    (7) A maintenance schedule for each emission unit and control device 
that is consistent with the manufacturer's instructions and 
recommendations for routine and long-term maintenance.
    (e) You must develop a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).

[69 FR 416, Jan. 5, 2004, as amended at 71 FR 20467, Apr. 20, 2006]

               Testing and Initial Compliance Requirements



Sec. 63.7110  By what date must I conduct performance tests and other initial 

compliance demonstrations?

    (a) If you have an existing affected source, you must complete all 
applicable performance tests within January 5, 2007, according to the 
provisions in Sec. Sec. 63.7(a)(2) and 63.7114.
    (b) If you have a new affected source, and commenced construction or 
reconstruction between December 20, 2002, and January 5, 2004, you must 
demonstrate initial compliance with either the proposed emission 
limitation or the promulgated emission limitation no later than 180 
calendar days after January 5, 2004 or within 180 calendar days after 
startup of the source, whichever is later, according to Sec. Sec. 
63.7(a)(2)(ix) and 63.7114.
    (c) If you commenced construction or reconstruction between December 
20, 2002, and January 5, 2004, and you chose to comply with the proposed 
emission limitation when demonstrating initial compliance, you must 
conduct a demonstration of compliance with the promulgated emission 
limitation within January 5, 2007 or after startup of the source, 
whichever is later, according to Sec. Sec. 63.7(a)(2)(ix) and 63.7114.
    (d) For each initial compliance requirement in Table 3 to this 
subpart that applies to you where the monitoring averaging period is 3 
hours, the 3-hour period for demonstrating continuous compliance for 
emission units within existing affected sources at LMP begins at 12:01 
a.m. on the compliance date for existing affected sources, that is, the 
day following completion of the initial compliance demonstration, and 
ends at 3:01 a.m. on the same day.
    (e) For each initial compliance requirement in Table 3 to this 
subpart that applies to you where the monitoring averaging period is 3 
hours, the 3-hour period for demonstrating continuous compliance for 
emission units within new or reconstructed affected sources at LMP 
begins at 12:01 a.m. on the day following completion of the initial 
compliance demonstration, as required in paragraphs (b) and (c) of this 
section, and ends at 3:01 a.m. on the same day.



Sec. 63.7111  When must I conduct subsequent performance tests?

    You must conduct a performance test within 5 years following the 
initial performance test and within 5 years following each subsequent 
performance test thereafter.



Sec. 63.7112  What performance tests, design evaluations, and other procedures 

must I use?

    (a) You must conduct each performance test in Table 4 to this 
subpart that applies to you.
    (b) Each performance test must be conducted according to the 
requirements in Sec. 63.7(e)(1) and under the specific conditions 
specified in Table 4 to this subpart.
    (c) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (d) Except for opacity and VE observations, you must conduct three 
separate test runs for each performance test required in this section, 
as specified in Sec. 63.7(e)(3). Each test run must last at least 1 
hour.

[[Page 45]]

    (e) The emission rate of particulate matter (PM) from each lime kiln 
(and each lime cooler if there is a separate exhaust to the atmosphere 
from the lime cooler) must be computed for each run using Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.000

Where:

E = Emission rate of PM, pounds per ton (lb/ton) of stone feed.
Ck = Concentration of PM in the kiln effluent, grain/dry 
standard cubic feet (gr/dscf).
Qk = Volumetric flow rate of kiln effluent gas, dry standard 
cubic feet per hour (dscf/hr).
Cc = Concentration of PM in the cooler effluent, grain/dscf. 
This value is zero if there is not a separate cooler exhaust to the 
atmosphere.
Qc = Volumetric flow rate of cooler effluent gas, dscf/hr. 
This value is zero if there is not a separate cooler exhaust to the 
atmosphere.
P = Stone feed rate, tons per hour (ton/hr).
K = Conversion factor, 7000 grains per pound (grains/lb).

    (f)(1) If you choose to meet a weighted average emission limit as 
specified in item 4 of Table 1 to this subpart, you must calculate a 
combined particulate emission rate from all kilns and coolers within 
your LMP using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.001

Where:

ET = Emission rate of PM from all kilns and coolers, lb/ton 
of stone feed.
Ei = Emission rate of PM from kiln i, or from kiln/cooler 
combination i, lb/ton of stone feed.
Pi = Stone feed rate to kiln i, ton/hr.
n = Number of kilns you wish to include in averaging.

    (2) You do not have to include every kiln in this calculation, only 
include kilns you wish to average. Kilns that have a PM emission limit 
of 0.60 lb/tsf are ineligible for any averaging.
    (g) The weighted average PM emission limit from all kilns and 
coolers for which you are averaging must be calculated using Equation 3 
of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.002

Where:

ETN = Weighted average PM emission limit for all kilns and 
coolers being included in averaging at the LMP, lb/ton of stone feed.
Ej = PM emission limit (0.10 or 0.12) for kiln j, or for 
kiln/cooler combination j, lb/ton of stone feed.
Pj = Stone feed rate to kiln j, ton/hr.
m = Number of kilns and kiln/cooler combinations you are averaging at 
your LMP. You must include the same kilns in the calculation of 
ET and ETN. Kilns that have a PM emission limit of 
0.60 lb/tsf are ineligible for any averaging.

    (h) Performance test results must be documented in complete test 
reports that contain the information required by paragraphs (h)(1) 
through (10) of this section, as well as all other relevant information. 
The plan to be followed during testing must be made available to the 
Administrator at least 60 days prior to testing.
    (1) A brief description of the process and the air pollution control 
system;
    (2) Sampling location description(s);
    (3) A description of sampling and analytical procedures and any 
modifications to standard procedures;
    (4) Test results, including opacity;
    (5) Quality assurance procedures and results;
    (6) Records of operating conditions during the test, preparation of 
standards, and calibration procedures;
    (7) Raw data sheets for field sampling and field and laboratory 
analyses;
    (8) Documentation of calculations;
    (9) All data recorded and used to establish operating limits; and
    (10) Any other information required by the test method.
    (i) [Reserved]
    (j) You must establish any applicable 3-hour block average operating 
limit indicated in Table 2 to this subpart according to the applicable 
requirements in Table 3 to this subpart and paragraphs (j)(1) through 
(4) of this section.
    (1) Continuously record the parameter during the PM performance test 
and include the parameter record(s) in the performance test report.
    (2) Determine the average parameter value for each 15-minute period 
of each test run.

[[Page 46]]

    (3) Calculate the test run average for the parameter by taking the 
average of all the 15-minute parameter values for the run.
    (4) Calculate the 3-hour operating limit by taking the average of 
the three test run averages.
    (k) For each building enclosing any PSH operations that is subject 
to a VE limit, you must conduct a VE check according to item 18 in Table 
4 to this subpart, and in accordance with paragraphs (k)(1) through (3) 
of this section.
    (1) Conduct visual inspections that consist of a visual survey of 
the building over the test period to identify if there are VE, other 
than condensed water vapor.
    (2) Select a position at least 15 but not more 1,320 feet from each 
side of the building with the sun or other light source generally at 
your back.
    (3) The observer conducting the VE checks need not be certified to 
conduct EPA Method 9 in appendix A to part 60 of this chapter, but must 
meet the training requirements as described in EPA Method 22 in appendix 
A to part 60 of this chapter.
    (l) When determining compliance with the opacity standards for 
fugitive emissions from PSH operations in item 7 of Table 1 to this 
subpart, you must conduct EPA Method 9 in appendix A to part 60 of this 
chapter according to item 17 in Table 4 to this subpart, and in 
accordance with paragraphs (l)(1) through (3) of this section.
    (1) The minimum distance between the observer and the emission 
source shall be 4.57 meters (15 feet).
    (2) The observer shall, when possible, select a position that 
minimizes interference from other fugitive emission sources (e.g., road 
dust). The required observer position relative to the sun must be 
followed.
    (3) If you use wet dust suppression to control PM from PSH 
operations, a visible mist is sometimes generated by the spray. The 
water mist must not be confused with particulate matter emissions and is 
not to be considered VE. When a water mist of this nature is present, 
you must observe emissions at a point in the plume where the mist is no 
longer visible.



Sec. 63.7113  What are my monitoring installation, operation, and maintenance 

requirements?

    (a) You must install, operate, and maintain each continuous 
parameter monitoring system (CPMS) according to your OM&M plan required 
by Sec. 63.7100(d) and paragraphs (a)(1) through (5) of this section, 
and you must install, operate, and maintain each continuous opacity 
monitoring system (COMS) as required by paragraph (g) of this section
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period.
    (2) To calculate a valid hourly value, you must have at least four 
equally spaced data values (or at least two, if that condition is 
included to allow for periodic calibration checks) for that hour from a 
CPMS that is not out of control according your OM&M plan, and use all 
valid data.
    (3) To calculate the average for each 3-hour block averaging period, 
you must use all valid data, and you must have at least 66 percent of 
the hourly averages for that period using only hourly average values 
that are based on valid data (i.e., not from out-of-control periods).
    (4) You must conduct a performance evaluation of each CPMS in 
accordance with your OM&M plan.
    (5) You must continuously operate and maintain the CPMS according to 
the OM&M plan, including, but not limited to, maintaining necessary 
parts for routine repairs of the monitoring equipment.
    (b) For each flow measurement device, you must meet the requirements 
in paragraphs (a)(1) through (5) and (b)(1) through (4) of this section.
    (1) Use a flow sensor with a minimum tolerance of 2 percent of the 
flow rate.
    (2) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (3) Conduct a flow sensor calibration check at least semiannually.
    (4) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.

[[Page 47]]

    (c) For each pressure measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and (c)(1) through (7) of 
this section.
    (1) Locate the pressure sensor(s) in or as close to as possible a 
position that provides a representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum tolerance of 0.5 inch of water or a 
transducer with a minimum tolerance of 1 percent of the pressure range.
    (4) Check pressure tap pluggage daily.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (d) For each bag leak detection system (BLDS), you must meet any 
applicable requirements in paragraphs (a)(1) through (5) and (d)(1) 
through (8) of this section.
    (1) The BLDS 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.
    (2) The sensor on the BLDS must provide output of relative PM 
emissions.
    (3) The BLDS must have an alarm that will sound automatically when 
it detects an increase in relative PM emissions greater than a preset 
level.
    (4) The alarm must be located in an area where appropriate plant 
personnel will be able to hear it.
    (5) For a positive-pressure fabric filter (FF), each compartment or 
cell must have a bag leak detector (BLD). For a negative-pressure or 
induced-air FF, the BLD must be installed downstream of the FF. If 
multiple BLD are required (for either type of FF), the detectors may 
share the system instrumentation and alarm.
    (6) Bag leak detection systems must be installed, operated, 
adjusted, and maintained according to the manufacturer's written 
specifications and recommendations. Standard operating procedures must 
be incorporated into the OM&M plan.
    (7) At a minimum, initial adjustment of the system must consist of 
establishing the baseline output in both of the following ways:
    (i) Adjust the range and the averaging period of the device.
    (ii) Establish the alarm set points and the alarm delay time.
    (8) After initial adjustment, the range, averaging period, alarm set 
points, or alarm delay time may not be adjusted except as specified in 
the OM&M plan required by Sec. 63.7100(d). 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, certifies in writing to the Administrator that the FF has been 
inspected and found to be in good operating condition.
    (e) For each PM detector, you must meet any applicable requirements 
in paragraphs (a)(1) through (5) and (e)(1) through (8) of this section.
    (1) The PM detector 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.
    (2) The sensor on the PM detector must provide output of relative PM 
emissions.
    (3) The PM detector must have an alarm that will sound automatically 
when it detects an increase in relative PM emissions greater than a 
preset level.
    (4) The alarm must be located in an area where appropriate plant 
personnel will be able to hear it.
    (5) For a positive-pressure electrostatic precipitator (ESP), each 
compartment must have a PM detector. For a negative-pressure or induced-
air ESP, the PM detector must be installed downstream of the ESP. If 
multiple PM detectors are required (for either type of ESP), the 
detectors may share the system instrumentation and alarm.

[[Page 48]]

    (6) Particulate matter detectors must be installed, operated, 
adjusted, and maintained according to the manufacturer's written 
specifications and recommendations. Standard operating procedures must 
be incorporated into the OM&M plan.
    (7) At a minimum, initial adjustment of the system must consist of 
establishing the baseline output in both of the following ways:
    (i) Adjust the range and the averaging period of the device.
    (ii) Establish the alarm set points and the alarm delay time.
    (8) After initial adjustment, the range, averaging period, alarm set 
points, or alarm delay time may not be adjusted except as specified in 
the OM&M plan required by Sec. 63.7100(d). 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 certifies in writing to the Administrator that the ESP has been 
inspected and found to be in good operating condition.
    (f) For each emission unit equipped with an add-on air pollution 
control device, you must inspect each capture/collection and closed vent 
system at least once each calendar year to ensure that each system is 
operating in accordance with the operating requirements in item 6 of 
Table 2 to this subpart and record the results of each inspection.
    (g) For each COMS used to monitor an add-on air pollution control 
device, you must meet the requirements in paragraphs (g)(1) and (2) of 
this section.
    (1) Install the COMS at the outlet of the control device.
    (2) Install, maintain, calibrate, and operate the COMS as required 
by 40 CFR part 63, subpart A, General Provisions and according to 
Performance Specification (PS)-1 of appendix B to part 60 of this 
chapter. Facilities that operate COMS installed on or before February 6, 
2001, may continue to meet the requirements in effect at the time of 
COMS installation unless specifically required to re-certify the COMS by 
their permitting authority.



Sec. 63.7114  How do I demonstrate initial compliance with the emission 

limitations standard?

    (a) You must demonstrate initial compliance with each emission limit 
in Table 1 to this subpart that applies to you, according to Table 3 to 
this subpart. For existing lime kilns and their associated coolers, you 
may perform VE measurements in accordance with EPA Method 9 of appendix 
A to part 60 in lieu of installing a COMS or PM detector if any of the 
conditions in paragraphs (a)(1) through (3) of this section exist:
    (1) You use a FF for PM control, and the FF is under positive 
pressure and has multiple stacks; or
    (2) The control device exhausts through a monovent; or
    (3) The installation of a COMS in accordance with PS-1 of appendix B 
to part 60 is infeasible.
    (b) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you according to the requirements in 
Sec. 63.7112(j) and Table 4 to this subpart. Alternative parameters may 
be monitored if approval is obtained according to the procedures in 
Sec. 63.8(f)
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.7130(e).

                   Continuous Compliance Requirements



Sec. 63.7120  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for monitor malfunctions, associated repairs, required 
quality assurance or control activities (including, as applicable, 
calibration checks and required zero adjustments), and except for PSH 
operations subject to monthly VE testing, you must monitor continuously 
(or collect data at all required intervals) at all times that the 
emission unit is operating.
    (c) Data recorded during the conditions described in paragraphs 
(c)(1) through (3) of this section may not be used either in data 
averages or calculations of emission or operating limits;

[[Page 49]]

or in fulfilling a minimum data availability requirement. You must use 
all the data collected during all other periods in assessing the 
operation of the control device and associated control system.
    (1) Monitoring system breakdowns, repairs, preventive maintenance, 
calibration checks, and zero (low-level) and high-level adjustments;
    (2) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies; and
    (3) Start-ups, shutdowns, and malfunctions.



Sec. 63.7121  How do I demonstrate continuous compliance with the emission 

limitations standard?

    (a) You must demonstrate continuous compliance with each emission 
limitation in Tables 1 and 2 to this subpart that applies to you 
according to the methods specified in Tables 5 and 6 to this subpart.
    (b) You must report each instance in which you did not meet each 
operating limit, opacity limit, and VE limit in Tables 2 and 6 to this 
subpart that applies to you. This includes periods of startup, shutdown, 
and malfunction. These instances are deviations from the emission 
limitations in this subpart. These deviations must be reported according 
to the requirements in Sec. 63.7131.
    (c) [Reserved]
    (d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with Sec. 63.6(e)(1). The 
Administrator will determine whether deviations that occur during a 
period of startup, shutdown, or malfunction are violations, according to 
the provisions in Sec. 63.6(e).
    (e) For each PSH operation subject to an opacity limit as specified 
in Table 1 to this subpart, and any vents from buildings subject to an 
opacity limit, you must conduct a VE check according to item 1 in Table 
6 to this subpart, and as follows:
    (1) Conduct visual inspections that consist of a visual survey of 
each stack or process emission point over the test period to identify if 
there are VE, other than condensed water vapor.
    (2) Select a position at least 15 but not more 1,320 feet from the 
affected emission point with the sun or other light source generally at 
your back.
    (3) The observer conducting the VE checks need not be certified to 
conduct EPA Method 9 in appendix A to part 60 of this chapter, but must 
meet the training requirements as described in EPA Method 22 of appendix 
A to part 60 of this chapter.
    (f) For existing lime kilns and their associated coolers, you may 
perform VE measurements in accordance with EPA Method 9 of appendix A to 
part 60 in lieu of installing a COMS or PM detector if any of the 
conditions in paragraphs (f)(1) or (3) of this section exist:
    (1) You use a FF for PM control, and the FF is under positive 
pressure and has multiple stacks; or
    (2) The control device exhausts through a monovent; or
    (3) The installation of a COMS in accordance with PS-1 of appendix B 
to part 60 is infeasible.

[69 FR 416, Jan. 5, 2004, as amended at 71 FR 20467, Apr. 20, 2006]

                   Notification, Reports, and Records



Sec. 63.7130  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 
63.6(h)(4) and (5); 63.7(b) and (c); 63.8(e); (f)(4) and (6); and 63.9 
(a) through (j) that apply to you, by the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you start up your affected 
source before January 5, 2004, you must submit an initial notification 
not later than 120 calendar days after January 5, 2004.
    (c) If you startup your new or reconstructed affected source on or 
after January 5, 2004, you must submit an initial notification not later 
than 120 calendar days after you start up your affected source.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin, as 
required in Sec. 63.7(b)(1).

[[Page 50]]

    (e) If you are required to conduct a performance test, design 
evaluation, opacity observation, VE observation, or other initial 
compliance demonstration as specified in Table 3 or 4 to this subpart, 
you must submit a Notification of Compliance Status according to Sec. 
63.9(h)(2)(ii).
    (1) For each initial compliance demonstration required in Table 3 to 
this subpart that does not include a performance test, you must submit 
the Notification of Compliance Status before the close of business on 
the 30th calendar day following the completion of the initial compliance 
demonstration.
    (2) For each compliance demonstration required in Table 5 to this 
subpart that includes a performance test conducted according to the 
requirements in Table 4 to this subpart, you must submit the 
Notification of Compliance Status, including the performance test 
results, before the close of business on the 60th calendar day following 
the completion of the performance test according to Sec. 63.10(d)(2).



Sec. 63.7131  What reports must I submit and when?

    (a) You must submit each report listed in Table 7 to this subpart 
that applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date specified in Table 7 to this subpart and according to the 
requirements in paragraphs (b)(1) through (5) of this section:
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.7083 and ending on June 30 or December 31, whichever date is the 
first date following the end of the first half calendar year after the 
compliance date that is specified for your source in Sec. 63.7083.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first half calendar year after the compliance date that is specified for 
your affected source in Sec. 63.7083.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to part 70 or part 71 of this chapter, if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to Sec. Sec. 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A) 
of this chapter, you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates specified in paragraphs (b)(1) through 
(4) of this section.
    (c) The compliance report must contain the information specified in 
paragraphs (c)(1) through (6) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown or malfunction during the 
reporting period and you took actions consistent with your SSMP, the 
compliance report must include the information in Sec. 63.10(d)(5)(i).
    (5) If there were no deviations from any emission limitations 
(emission limit, operating limit, opacity limit, and VE limit) that 
apply to you, the compliance report must include a statement that there 
were no deviations from the emission limitations during the reporting 
period.
    (6) If there were no periods during which the continuous monitoring 
systems (CMS) were out-of-control as specified in Sec. 63.8(c)(7), a 
statement that there were no periods during which the CMS were out-of-
control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit, 
operating limit, opacity limit, and VE limit) that occurs at an affected 
source

[[Page 51]]

where you are not using a CMS to comply with the emission limitations in 
this subpart, the compliance report must contain the information 
specified in paragraphs (c)(1) through (4) and (d)(1) and (2) of this 
section. The deviations must be reported in accordance with the 
requirements in Sec. 63.10(d).
    (1) The total operating time of each emission unit during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (e) For each deviation from an emission limitation (emission limit, 
operating limit, opacity limit, and VE limit) occurring at an affected 
source where you are using a CMS to comply with the emission limitation 
in this subpart, you must include the information specified in 
paragraphs (c)(1) through (4) and (e)(1) through (11) of this section. 
This includes periods of startup, shutdown, and malfunction.
    (1) The date and time that each malfunction started and stopped.
    (2) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (3) The date, time and duration that each CMS was out-of-control, 
including the information in Sec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (5) A summary of the total duration of the deviations during the 
reporting period and the total duration as a percent of the total 
affected source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (7) A summary of the total duration of CMS downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total emission unit operating time during that reporting period.
    (8) A brief description of the process units.
    (9) A brief description of the CMS.
    (10) The date of the latest CMS certification or audit.
    (11) A description of any changes in CMS, processes, or controls 
since the last reporting period.
    (f) Each facility that has obtained a title V operating permit 
pursuant to part 70 or part 71 of this chapter must report all 
deviations as defined in this subpart in the semiannual monitoring 
report required by Sec. Sec. 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A) 
of this chapter. If you submit a compliance report specified in Table 7 
to this subpart along with, or as part of, the semiannual monitoring 
report required by Sec. Sec. 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A) 
of this chapter, and the compliance report includes all required 
information concerning deviations from any emission limitation 
(including any operating limit), submission of the compliance report 
shall be deemed to satisfy any obligation to report the same deviations 
in the semiannual monitoring report. However, submission of a compliance 
report shall not otherwise affect any obligation you may have to report 
deviations from permit requirements to the permit authority.



Sec. 63.7132  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests, performance evaluations, and 
opacity and VE observations as required in Sec. 63.10(b)(2)(viii).
    (b) You must keep the records in Sec. 63.6(h)(6) for VE 
observations.
    (c) You must keep the records required by Tables 5 and 6 to this 
subpart to show continuous compliance with each emission limitation that 
applies to you.

[[Page 52]]

    (d) You must keep the records which document the basis for the 
initial applicability determination as required under Sec. 63.7081.



Sec. 63.7133  In what form and for how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record onsite for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You may keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.7140  What parts of the General Provisions apply to me?

    Table 8 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you. When there is overlap 
between subpart A and subpart AAAAA, as indicated in the 
``Explanations'' column in Table 8, subpart AAAAA takes precedence.



Sec. 63.7141  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or by a delegated authority such as your State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
State, local, or tribal agency, then that agency (as well as the U.S. 
EPA) has the authority to implement and enforce this subpart. You should 
contact your U.S. EPA Regional Office to find out if this subpart is 
delegated to your 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 the U.S. EPA and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (6) of 
this section.
    (1) Approval of alternatives to the non-opacity emission limitations 
in Sec. 63.7090(a).
    (2) Approval of alternative opacity emission limitations in Sec. 
63.7090(a).
    (3) Approval of alternatives to the operating limits in Sec. 
63.7090(b).
    (4) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (5) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (6) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.



Sec. 63.7142  What are the requirements for claiming area source status?

    (a) If you wish to claim that your LMP is an area source, you must 
measure the emissions of hydrogen chloride from all lime kilns, except 
as provided in paragraph (c) of this section, at your plant using 
either:
    (1) EPA Method 320 of appendix A to this part,
    (2) EPA Method 321 of appendix A to this part, or
    (3) ASTM Method D6735-01, Standard Test Method for Measurement of 
Gaseous Chlorides and Fluorides from Mineral Calcining Exhaust Sources--
Impinger Method, provided that the provisions in paragraphs (a)(3)(i) 
through (vi) of this section are followed.
    (i) A test must include three or more runs in which a pair of 
samples is obtained simultaneously for each run according to section 
11.2.6 of ASTM Method D6735-01.
    (ii) You must calculate the test run standard deviation of each set 
of paired samples to quantify data precision, according to Equation 1 of 
this section:

[[Page 53]]

[GRAPHIC] [TIFF OMITTED] TR05JA04.003

Where:

RSDa = The test run relative standard deviation of sample 
pair a, percent.
C1a and C2a = The HCl concentrations, milligram/
dry standard cubic meter(mg/dscm), from the paired samples.

    (iii) You must calculate the test average relative standard 
deviation according to Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.004

Where:

RSDTA = The test average relative standard deviation, 
percent.
RSDa = The test run relative standard deviation for sample 
pair a.
p = The number of test runs, =3.

    (iv) If RSD\TA\ is greater than 20 percent, the data are invalid and 
the test must be repeated.
    (v) The post-test analyte spike procedure of section 11.2.7 of ASTM 
Method D6735-01 is conducted, and the percent recovery is calculated 
according to section 12.6 of ASTM Method D6735-01.
    (vi) If the percent recovery is between 70 percent and 130 percent, 
inclusive, the test is valid. If the percent recovery is outside of this 
range, the data are considered invalid, and the test must be repeated.
    (b) If you conduct tests to determine the rates of emission of 
specific organic HAP from lime kilns at LMP for use in applicability 
determinations under Sec. 63.7081, you may use either:
    (1) Method 320 of appendix A to this part, or
    (2) Method 18 of appendix A to part 60 of this chapter, or
    (3) ASTM D6420-99, Standard Test Method for Determination of Gaseous 
Organic Compounds by Direct Interface Gas Chromatography-Mass 
Spectrometry (GC/MS), provided that the provisions of paragraphs 
(b)(3)(i) through (iv) of this section are followed:
    (i) The target compound(s) are those listed in section 1.1 of ASTM 
D6420-99;
    (ii) The target concentration is between 150 parts per billion by 
volume and 100 parts per million by volume;
    (iii) For target compound(s) not listed in Table 1.1 of ASTM D6420-
99, 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, 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
    (iv) For target compound(s) not listed in Table 1.1 of ASTM D6420-
99, and not amenable to detection by mass spectrometry, ASTM D6420-99 
may not be used.
    (c) It is left to the discretion of the permitting authority whether 
or not idled kilns must be tested for (HCl) to claim area source status. 
If the facility has kilns that use common feed materials and fuel, are 
essentially identical in design, and use essentially identical emission 
controls, the permitting authority may also determine if one kiln can be 
tested, and the HCl emissions for the other essentially identical kilns 
be estimated from that test.



Sec. 63.7143  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 63.2, and in this section as follows:
    Bag leak detector system (BLDS) is a type of PM detector used on FF 
to identify an increase in PM emissions resulting from a broken filter 
bag or other malfunction and sound an alarm.
    Belt conveyor means a conveying device that transports processed 
stone from one location to another by means of an endless belt that is 
carried on a series of idlers and routed around a pulley at each end.
    Bucket elevator means a processed stone conveying device consisting 
of a head and foot assembly which supports and drives an endless single 
or double

[[Page 54]]

strand chain or belt to which buckets are attached.
    Building means any frame structure with a roof.
    Capture system means the equipment (including enclosures, hoods, 
ducts, fans, dampers, etc.) used to capture and transport PM to a 
control device.
    Control device means the air pollution control equipment used to 
reduce PM emissions released to the atmosphere from one or more process 
operations at an LMP.
    Conveying system means a device for transporting processed stone 
from one piece of equipment or location to another location within a 
plant. Conveying systems include but are not limited to feeders, belt 
conveyors, bucket elevators and pneumatic systems.
    Deviation means any instance in which an affected source, subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation (including 
any operating limit);
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation (including any operating 
limit) in this subpart during startup, shutdown, or malfunction, 
regardless of whether or not such failure is allowed by this subpart.
    Emission limitation means any emission limit, opacity limit, 
operating limit, or VE limit.
    Emission unit means a lime kiln, lime cooler, storage bin, conveying 
system transfer point, bulk loading or unloading operation, bucket 
elevator or belt conveyor at an LMP.
    Fugitive emission means PM that is not collected by a capture 
system.
    Hydrator means the device used to produce hydrated lime or calcium 
hydroxide via the chemical reaction of the lime product with water.
    Lime cooler means the device external to the lime kiln (or part of 
the lime kiln itself) used to reduce the temperature of the lime 
produced by the kiln.
    Lime kiln means the device, including any associated preheater, used 
to produce a lime product from stone feed by calcination. Kiln types 
include, but are not limited to, rotary kiln, vertical kiln, rotary 
hearth kiln, double-shaft vertical kiln, and fluidized bed kiln.
    Lime manufacturing plant (LMP) means any plant which uses a lime 
kiln to produce lime product from limestone or other calcareous material 
by calcination.
    Lime product means the product of the lime kiln calcination process 
including, calcitic lime, dolomitic lime, and dead-burned dolomite.
    Limestone means the material comprised primarily of calcium 
carbonate (referred to sometimes as calcitic or high calcium limestone), 
magnesium carbonate, and/or the double carbonate of both calcium and 
magnesium (referred to sometimes as dolomitic limestone or dolomite).
    Monovent means an exhaust configuration of a building or emission 
control device (e.g., positive pressure FF) that extends the length of 
the structure and has a width very small in relation to its length 
(i.e., length-to-width ratio is typically greater than 5:1). The exhaust 
may be an open vent with or without a roof, louvered vents, or a 
combination of such features.
    Particulate matter (PM) detector means a system that is continuously 
capable of monitoring PM loading in the exhaust of FF or ESP in order to 
detect bag leaks, upset conditions, or control device malfunctions and 
sounds an alarm at a preset level. A PM detector system includes, but is 
not limited to, an instrument that operates on triboelectric, light 
scattering, light transmittance, or other effects to continuously 
monitor relative particulate loadings. A BLDS is a type of PM detector.
    Positive pressure FF or ESP means a FF or ESP with the fan(s) on the 
upstream side of the control device.
    Process stone handling operations means the equipment and transfer 
points between the equipment used to transport processed stone, and 
includes, storage bins, conveying system transfer points, bulk loading 
or unloading

[[Page 55]]

systems, screening operations, bucket elevators, and belt conveyors.
    Processed stone means limestone or other calcareous material that 
has been processed to a size suitable for feeding into a lime kiln.
    Screening operation means a device for separating material according 
to size by passing undersize material through one or more mesh surfaces 
(screens) in series and retaining oversize material on the mesh surfaces 
(screens).
    Stack emissions means the PM that is released to the atmosphere from 
a capture system or control device.
    Storage bin means a manmade enclosure for storage (including surge 
bins) of processed stone prior to the lime kiln.
    Transfer point means a point in a conveying operation where the 
material is transferred to or from a belt conveyor.
    Vent means an opening through which there is mechanically induced 
air flow for the purpose of exhausting from a building air carrying PM 
emissions from one or more emission units.



        Sec. Table 1 to Subpart AAAAA of Part 63--Emission Limits

    As required in Sec. 63.7090(a), you must meet each emission limit 
in the following table that applies to you.

------------------------------------------------------------------------
                                           You must meet the following
               For . . .                          emission limit
------------------------------------------------------------------------
1. Existing lime kilns and their         PM emissions must not exceed
 associated lime coolers that did not     0.12 pounds per ton of stone
 have a wet scrubber installed and        feed (lb/tsf).
 operating prior to January 5, 2004.
2. Existing lime kilns and their         PM emissions must not exceed
 associated lime coolers that have a      0.60 lb/tsf. If at any time
 wet scrubber, where the scrubber         after January 5, 2004 the kiln
 itself was installed and operating       changes to a dry control
 prior to January 5, 2004.                system, then the PM emission
                                          limit in item 1 of this Table
                                          1 applies, and the kiln is
                                          hereafter ineligible for the
                                          PM emission limit in item 2 of
                                          this Table 1 regardless of the
                                          method of PM control.
3. New lime kilns and their associated   PM emissions must not exceed
 lime coolers.                            0.10 lb/tsf.
4. All existing and new lime kilns and   Weighted average PM emissions
 their associated coolers at your LMP,    calculated according to Eq. 2
 and you choose to average PM             in Sec.  63.7112 must not
 emissions, except that any kiln that     exceed 0.12 lb/tsf (if you are
 is allowed to meet the 0.60 lb/tsf PM    averaging only existing kilns)
 emission limit is ineligible for         or 0.10 lb/tsf (if you are
 averaging.                               averaging only new kilns). If
                                          you are averaging existing and
                                          new kilns, your weighted
                                          average PM emissions must not
                                          exceed the weighted average
                                          emission limit calculated
                                          according to Eq. 3 in Sec.
                                          63.7112, except that no new
                                          kiln and its associated cooler
                                          considered alone may exceed an
                                          average PM emissions limit of
                                          0.10 lb/tsf.
5. Stack emissions from all PSH          PM emissions must not exceed
 operations at a new or existing          0.05 grams per dry standard
 affected source.                         cubic meter (g/dscm).
6. Stack emissions from all PSH          Emissions must not exceed 7
 operations at a new or existing          percent opacity.
 affected source, unless the stack
 emissions are discharged through a wet
 scrubber control device.
7. Fugitive emissions from all PSH       Emissions must not exceed 10
 operations at a new or existing          percent opacity.
 affected source, except as provided by
 item 8 of this Table 1.
8. All PSH operations at a new or        All of the individually
 existing affected source enclosed in a   affected PSH operations must
 building.                                comply with the applicable PM
                                          and opacity emission
                                          limitations in items 5 through
                                          7 of this Table 1, or the
                                          building must comply with the
                                          following: There must be no VE
                                          from the building, except from
                                          a vent; and vent emissions
                                          must not exceed the stack
                                          emissions limitations in items
                                          5 and 6 of this Table 1.
9. Each FF that controls emissions from  Emissions must not exceed 7
 only an individual, enclosed storage     percent opacity.
 bin.
10. Each set of multiple storage bins    You must comply with the
 at a new or existing affected source,    emission limits in items 5 and
 with combined stack emissions.           6 of this Table 1.
------------------------------------------------------------------------



       Sec. Table 2 to Subpart AAAAA of Part 63--Operating Limits

    As required in Sec. 63.7090(b), you must meet each operating limit 
in the following table that applies to you.

[[Page 56]]



------------------------------------------------------------------------
               For . . .                          You must . . .
------------------------------------------------------------------------
1. Each lime kiln and each lime cooler   Maintain and operate the FF
 (if there is a separate exhaust to the   such that the BLDS or PM
 atmosphere from the associated lime      detector alarm condition does
 cooler) equipped with an FF.             not exist for more than 5
                                          percent of the total operating
                                          time in a 6-month period; and
                                          comply with the requirements
                                          in Sec.  63.7113(d) through
                                          (f) and Table 5 to this
                                          subpart. In lieu of a BLDS or
                                          PM detector maintain the FF
                                          such that the 6-minute average
                                          opacity for any 6-minute block
                                          period does not exceed 15
                                          percent; and comply with the
                                          requirements in Sec.
                                          63.7113(f) and (g) and Table 5
                                          to this subpart.
2. Each lime kiln equipped with a wet    Maintain the 3-hour block
 scrubber.                                exhaust gas stream pressure
                                          drop across the wet scrubber
                                          greater than or equal to the
                                          pressure drop operating limit
                                          established during the most
                                          recent PM performance test;
                                          and maintain the 3-hour block
                                          scrubbing liquid flow rate
                                          greater than the flow rate
                                          operating limit established
                                          during the most recent
                                          performance test.
3. Each lime kiln equipped with an       Install a PM detector and
 electrostatic precipitator.              maintain and operate the ESP
                                          such that the PM detector
                                          alarm is not activated and
                                          alarm condition does not exist
                                          for more than 5 percent of the
                                          total operating time in a 6-
                                          month period, and comply with
                                          Sec.  63.7113(e); or,
                                          maintain the ESP such that the
                                          6-minute average opacity for
                                          any 6-minute block period does
                                          not exceed 15 percent, and
                                          comply with the requirements
                                          in Sec.  63.7113(g); and
                                          comply with the requirements
                                          in Sec.  63.7113(f) and Table
                                          5 to this subpart.
4. Each PSH operation subject to a PM    Maintain the 3-hour block
 limit which uses a wet scrubber.         average exhaust gas stream
                                          pressure drop across the wet
                                          scrubber greater than or equal
                                          to the pressure drop operating
                                          limit established during the
                                          PM performance test; and
                                          maintain the 3-hour block
                                          average scrubbing liquid flow
                                          rate greater than or equal to
                                          the flow rate operating limit
                                          established during the
                                          performance test.
5. All affected sources................  Prepare a written OM&M plan;
                                          the plan must include the
                                          items listed in Sec.
                                          63.7100(d) and the corrective
                                          actions to be taken when
                                          required in Table 5 to this
                                          subpart.
6. Each emission unit equipped with an   a. Vent captured emissions
 add-on air pollution control device.     through a closed system,
                                          except that dilution air may
                                          be added to emission streams
                                          for the purpose of controlling
                                          temperature at the inlet to an
                                          FF; and
                                         b. Operate each capture/
                                          collection system according to
                                          the procedures and
                                          requirements in the OM&M plan.
------------------------------------------------------------------------



   Sec. Table 3 to Subpart AAAAA of Part 63--Initial Compliance With 
                             Emission Limits

    As required in Sec. 63.7114, you must demonstrate initial 
compliance with each emission limitation that applies to you, according 
to the following table.

------------------------------------------------------------------------
                                                           You have
                                                         demonstrated
                                                            initial
                                   For the following    compliance, if
            For . . .             emission limit . .    after following
                                           .           the requirements
                                                       in Sec.  63.7112
                                                             . . .
------------------------------------------------------------------------
1. All new or existing lime       PM emissions must   The kiln outlet PM
 kilns and their associated lime   not exceed 0.12     emissions (and if
 coolers (kilns/coolers).          lb/tsf for all      applicable,
                                   existing kilns/     summed with the
                                   coolers with dry    separate cooler
                                   controls, 0.60 lb/  PM emissions),
                                   tsf for existing    based on the PM
                                   kilns/coolers       emissions
                                   with wet            measured using
                                   scrubbers, 0.10     Method 5 in
                                   lb/tsf for all      appendix A to
                                   new kilns/          part 60 of this
                                   coolers, or a       chapter and the
                                   weighted average    stone feed rate
                                   calculated          measurement over
                                   according to Eq.    the period of
                                   3 in Sec.          initial
                                   63.7112.            performance test,
                                                       do not exceed the
                                                       emission limit;
                                                       if the lime kiln
                                                       is controlled by
                                                       an FF or ESP and
                                                       you are opting to
                                                       monitor PM
                                                       emissions with a
                                                       BLDS or PM
                                                       detector, you
                                                       have installed
                                                       and are operating
                                                       the monitoring
                                                       device according
                                                       to the
                                                       requirements in
                                                       Sec.  63.7113(d)
                                                       or (e),
                                                       respectively; and
                                                       if the lime kiln
                                                       is controlled by
                                                       an FF or ESP and
                                                       you are opting to
                                                       monitor PM
                                                       emissions using a
                                                       COMS, you have
                                                       installed and are
                                                       operating the
                                                       COMS according to
                                                       the requirements
                                                       in Sec.
                                                       63.7113(g).

[[Page 57]]

 
2. Stack emissions from all PHS   PM emissions must   The outlet PM
 operations at a new or existing   not exceed 0.05 g/  emissions, based
 affected source.                  dscm.               on Method 5 or
                                                       Method 17 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, over the
                                                       period of the
                                                       initial
                                                       performance test
                                                       do not exceed
                                                       0.05 g/dscm; and
                                                       if the emission
                                                       unit is
                                                       controlled with a
                                                       wet scrubber, you
                                                       have a record of
                                                       the scrubber's
                                                       pressure drop and
                                                       liquid flow rate
                                                       operating
                                                       parameters over
                                                       the 3-hour
                                                       performance test
                                                       during which
                                                       emissions did not
                                                       exceed the
                                                       emissions
                                                       limitation.
3. Stack emissions from all PSH   Emissions must not  Each of the thirty
 operations at a new or existing   exceed 7 percent    6-minute opacity
 affected source, unless the       opacity.            averages during
 stack emissions are discharged                        the initial
 through a wet scrubber control                        compliance
 device.                                               period, using
                                                       Method 9 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, does not
                                                       exceed the 7
                                                       percent opacity
                                                       limit. At least
                                                       thirty 6-minute
                                                       averages must be
                                                       obtained.
4. Fugitive emissions from all    Emissions must not  Each of the 6-
 PSH operations at a new or        exceed 10 percent   minute opacity
 existing affected source.         opacity.            averages during
                                                       the initial
                                                       compliance
                                                       period, using
                                                       Method 9 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, does not
                                                       exceed the 10
                                                       percent opacity
                                                       limit.
5. All PSH operations at a new    All of the          All the PSH
 or existing affected source,      individually        operations
 enclosed in building.             affected PSH        enclosed in the
                                   operations must     building have
                                   comply with the     demonstrated
                                   applicable PM and   initial
                                   opacity emission    compliance
                                   limitations for     according to the
                                   items 2 through 4   applicable
                                   of this Table 3,    requirements for
                                   or the building     items 2 through 4
                                   must comply with    of this Table 3;
                                   the following:      or if you are
                                   There must be no    complying with
                                   VE from the         the building
                                   building, except    emission
                                   from a vent, and    limitations,
                                   vent emissions      there are no VE
                                   must not exceed     from the building
                                   the emission        according to item
                                   limitations in      18 of Table 4 to
                                   items 2 and 3 of    this subpart and
                                   this Table 3.       Sec.
                                                       63.7112(k), and
                                                       you demonstrate
                                                       initial
                                                       compliance with
                                                       applicable
                                                       building vent
                                                       emissions
                                                       limitations
                                                       according to the
                                                       requirements in
                                                       items 2 and 3 of
                                                       this Table 3.
6. Each FF that controls          Emissions must not  Each of the ten 6-
 emissions from only an            exceed 7 percent    minute averages
 individual storage bin.           opacity.            during the 1-hour
                                                       initial
                                                       compliance
                                                       period, using
                                                       Method 9 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, does not
                                                       exceed the 7
                                                       percent opacity
                                                       limit.
7. Each set of multiple storage   You must comply     You demonstrate
 bins with combined stack          with emission       initial
 emissions.                        limitations in      compliance
                                   items 2 and 3 of    according to the
                                   this Table 3.       requirements in
                                                       items 2 and 3 of
                                                       this Table 3.
------------------------------------------------------------------------



 Sec. Table 4 to Subpart AAAAA of Part 63--Requirements for Performance 
                                  Tests

    As required in Sec. 63.7112, you must conduct each performance test 
in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
              For . . .                     You must . . .            Using . . .         following requirements
                                                                                                  . . .
----------------------------------------------------------------------------------------------------------------
1. Each lime kiln and each associated  Select the location of   Method 1 or 1A of        Sampling sites must be
 lime cooler, if there is a separate    the sampling port and    appendix A to part 60    located at the outlet
 exhaust to the atmosphere from the     the number of traverse   of this chapter; and     of the control
 associated lime cooler.                ports.                   Sec.  63.6(d)(1)(i).    device(s) and prior to
                                                                                          any releases to the
                                                                                          atmosphere.
2. Each lime kiln and each associated  Determine velocity and   Method 2, 2A, 2C, 2D,    Not applicable.
 lime cooler, if there is a separate    volumetric flow rate.    2F, or 2G in appendix
 exhaust to the atmosphere from the                              A to part 60 of this
 associated lime cooler.                                         chapter.
3. Each lime kiln and each associated  Conduct gas molecular    Method 3, 3A, or 3B in   Not applicable.
 lime cooler, if there is a separate    weight analysis.         appendix A to part 60
 exhaust to the atmosphere from the                              of this chapter.
 associated lime cooler.

[[Page 58]]

 
4. Each lime kiln and each associated  Measure moisture         Method 4 in appendix A   Not applicable.
 lime cooler, if there is a separate    content of the stack     to part 60 of this
 exhaust to the atmosphere from the     gas.                     chapter.
 associated lime cooler.
5. Each lime kiln and each associated  Measure PM emissions...  Method 5 in appendix A   Conduct the test(s)
 lime cooler, if there is a separate                             to part 60 of this       when the source is
 exhaust to the atmosphere from the                              chapter.                 operating at
 associated lime cooler, and which                                                        representative
 uses a negative pressure PM control                                                      operating conditions
 device.                                                                                  in accordance with
                                                                                          Sec.  63.7(e); the
                                                                                          minimum sampling
                                                                                          volume must be 0.85
                                                                                          dry standard cubic
                                                                                          meter (dscm) (30 dry
                                                                                          standard cubic foot
                                                                                          (dscf)); if there is a
                                                                                          separate lime cooler
                                                                                          exhaust to the
                                                                                          atmosphere, you must
                                                                                          conduct the Method 5
                                                                                          test of the cooler
                                                                                          exhaust concurrently
                                                                                          with the kiln exhaust
                                                                                          test.
6. Each lime kiln and each associated  Measure PM emissions...  Method 5D in appendix A  Conduct the test(s)
 lime cooler, if there is a separate                             to part 60 of this       when the source is
 exhaust to the atmosphere from the                              chapter.                 operating at
 associated lime cooler, and which                                                        representative
 uses a positive pressure FF or ESP.                                                      operating conditions
                                                                                          in accordance with
                                                                                          Sec.  63.7(e); if
                                                                                          there is a separate
                                                                                          lime cooler exhaust to
                                                                                          the atmosphere, you
                                                                                          must conduct the
                                                                                          Method 5 test of the
                                                                                          separate cooler
                                                                                          exhaust concurrently
                                                                                          with the kiln exhaust
                                                                                          test.
7. Each lime kiln....................  Determine the mass rate  Any suitable device....  Calibrate and maintain
                                        of stone feed to the                              the device according
                                        kiln during the kiln                              to manufacturer's
                                        PM emissions test.                                instructions; the
                                                                                          measuring device used
                                                                                          must be accurate to
                                                                                          within 5 percent of
                                                                                          the mass rate of stone
                                                                                          feed over its
                                                                                          operating range.
8. Each lime kiln equipped with a wet  Establish the operating  Data for the gas stream  The continuous pressure
 scrubber.                              limit for the average    pressure drop            drop measurement
                                        gas stream pressure      measurement device       device must be
                                        drop across the wet      during the kiln PM       accurate within plus
                                        scrubber.                performance test.        or minus 1 percent;
                                                                                          you must collect the
                                                                                          pressure drop data
                                                                                          during the period of
                                                                                          the performance test
                                                                                          and determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
9. Each lime kiln equipped with a wet  Establish the operating  Data from the liquid     The continuous
 scrubber.                              limit for the average    flow rate measurement    scrubbing liquid flow
                                        liquid flow rate to      device during the kiln   rate measuring device
                                        the scrubber.            PM performance test.     must be accurate
                                                                                          within plus or minus 1
                                                                                          percent; you must
                                                                                          collect the flow rate
                                                                                          data during the period
                                                                                          of the performance
                                                                                          test and determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
10. Each lime kiln equipped with a FF  Have installed and have  Standard operating       According to the
 or ESP that is monitored with a PM     operating the BLDS or    procedures               requirements in Sec.
 detector.                              PM detector prior to     incorporated into the    63.7113(d) or (e),
                                        the performance test.    OM&M plan.               respectively.

[[Page 59]]

 
11. Each lime kiln equipped with a FF  Have installed and have  Standard operating       According to the
 or ESP that is monitored with a COMS.  operating the COMS       procedures               requirements in Sec.
                                        prior to the             incorporated into the    63.7113(g).
                                        performance test.        OM&M plan and as
                                                                 required by 40 CFR
                                                                 part 63, subpart A,
                                                                 General Provisions and
                                                                 according to PS-1 of
                                                                 appendix B to part 60
                                                                 of this chapter,
                                                                 except as specified in
                                                                 Sec.  63.7113(g)(2).
12. Each stack emission from a PSH     Measure PM emissions...  Method 5 or Method 17    The sample volume must
 operation, vent from a building                                 in appendix A to part    be at least 1.70 dscm
 enclosing a PSH operation, or set of                            60 of this chapter.      (60 dscf); for Method
 multiple storage bins with combined                                                      5, if the gas stream
 stack emissions, which is subject to                                                     being sampled is at
 a PM emission limit.                                                                     ambient temperature,
                                                                                          the sampling probe and
                                                                                          filter may be operated
                                                                                          without heaters; and
                                                                                          if the gas stream is
                                                                                          above ambient
                                                                                          temperature, the
                                                                                          sampling probe and
                                                                                          filter may be operated
                                                                                          at a temperature high
                                                                                          enough, but no higher
                                                                                          than 121 [deg]C (250
                                                                                          [deg]F), to prevent
                                                                                          water condensation on
                                                                                          the filter (Method 17
                                                                                          may be used only with
                                                                                          exhaust gas
                                                                                          temperatures of not
                                                                                          more than 250 [deg]F).
13. Each stack emission from a PSH     Conduct opacity          Method 9 in appendix A   The test duration must
 operation, vent from a building        observations.            to part 60 of this       be for at least 3
 enclosing a PSH operation, or set of                            chapter.                 hours and you must
 multiple storage bins with combined                                                      obtain at least
 stack emissions, which is subject to                                                     thirty, 6-minute
 an opacity limit.                                                                        averages.
14. Each stack emissions source from   Establish the average    Data for the gas stream  The pressure drop
 a PSH operation subject to a PM or     gas stream pressure      pressure drop            measurement device
 opacity limit, which uses a wet        drop across the wet      measurement device       must be accurate
 scrubber.                              scrubber.                during the PSH           within plus or minus 1
                                                                 operation stack PM       percent; you must
                                                                 performance test.        collect the pressure
                                                                                          drop data during the
                                                                                          period of the
                                                                                          performance test and
                                                                                          determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
15. Each stack emissions source from   Establish the operating  Data from the liquid     The continuous
 a PSH operation subject to a PM or     limit for the average    flow rate measurement    scrubbing liquid flow
 opacity limit, which uses a wet        liquid flow rate to      device during the PSH    rate measuring device
 scrubber.                              the scrubber.            operation stack PM       must be accurate
                                                                 performance test.        within plus or minus 1
                                                                                          percent; you must
                                                                                          collect the flow rate
                                                                                          data during the period
                                                                                          of the performance
                                                                                          test and determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
16. Each FF that controls emissions    Conduct opacity          Method 9 in appendix A   The test duration must
 from only an individual, enclosed,     observations.            to part 60 of this       be for at least 1 hour
 new or existing storage bin.                                    chapter.                 and you must obtain
                                                                                          ten 6-minute averages.
17. Fugitive emissions from any PSH    Conduct opacity          Method 9 in appendix A   The test duration must
 operation subject to an opacity        observations.            to part 60 of this       be for at least 3
 limit.                                                          chapter.                 hours, but the 3-hour
                                                                                          test may be reduced to
                                                                                          1 hour if, during the
                                                                                          first 1-hour period,
                                                                                          there are no
                                                                                          individual readings
                                                                                          greater than 10
                                                                                          percent opacity and
                                                                                          there are no more than
                                                                                          three readings of 10
                                                                                          percent during the
                                                                                          first 1-hour period.

[[Page 60]]

 
18. Each building enclosing any PSH    Conduct VE check.......  The specifications in    The performance test
 operation, that is subject to a VE                              Sec.  63.7112(k).       must be conducted
 limit.                                                                                   while all affected PSH
                                                                                          operations within the
                                                                                          building are
                                                                                          operating; the
                                                                                          performance test for
                                                                                          each affected building
                                                                                          must be at least 75
                                                                                          minutes, with each
                                                                                          side of the building
                                                                                          and roof being
                                                                                          observed for at least
                                                                                          15 minutes.
----------------------------------------------------------------------------------------------------------------



  Sec. Table 5 to Subpart AAAAA of Part 63--Continuous Compliance With 
                            Operating Limits

    As required in Sec. 63.7121, you must demonstrate continuous 
compliance with each operating limit that applies to you, according to 
the following table:

------------------------------------------------------------------------
                                                           You must
                                   For the following      demonstrate
            For . . .              operating limit .      continuous
                                          . .          compliance by . .
                                                               .
------------------------------------------------------------------------
1. Each lime kiln controlled by   Maintain the 3-     Collecting the wet
 a wet scrubber.                   hour block          scrubber
                                   average exhaust     operating data
                                   gas stream          according to all
                                   pressure drop       applicable
                                   across the wet      requirements in
                                   scrubber greater    Sec.  63.7113
                                   than or equal to    and reducing the
                                   the pressure drop   data according to
                                   operating limit     Sec.
                                   established         63.7113(a);
                                   during the PM       maintaining the 3-
                                   performance test;   hour block
                                   and maintain the    average exhaust
                                   3-hour block        gas stream
                                   average scrubbing   pressure drop
                                   liquid flow rate    across the wet
                                   greater than or     scrubber greater
                                   equal to the flow   than or equal to
                                   rate operating      the pressure drop
                                   limit established   operating limit
                                   during the          established
                                   performance test.   during the PM
                                                       performance test;
                                                       and maintaining
                                                       the 3-hour block
                                                       average scrubbing
                                                       liquid flow rate
                                                       greater than or
                                                       equal to the flow
                                                       rate operating
                                                       limit established
                                                       during the
                                                       performance test
                                                       (the continuous
                                                       scrubbing liquid
                                                       flow rate
                                                       measuring device
                                                       must be accurate
                                                       within 1
                                                       % and the
                                                       continuous
                                                       pressure drop
                                                       measurement
                                                       device must be
                                                       accurate within
                                                       1%).
2. Each lime kiln or lime cooler  a. Maintain and     (i) Operating the
 equipped with a FF and using a    operate the FF or   FF or ESP so that
 BLDS, and each lime kiln          ESP such that the   the alarm on the
 equipped with an ESP or FF        bag leak or PM      bag leak or PM
 using a PM detector.              detector alarm,     detection system
                                   is not activated    is not activated
                                   and alarm           and an alarm
                                   condition does      condition does
                                   not exist for       not exist for
                                   more than 5         more than 5
                                   percent of the      percent of the
                                   total operating     total operating
                                   time in each 6-     time in each 6-
                                   month period.       month reporting
                                                       period; and
                                                       continuously
                                                       recording the
                                                       output from the
                                                       BLD or PM
                                                       detection system;
                                                       and
                                                      (ii) Each time the
                                                       alarm sounds and
                                                       the owner or
                                                       operator
                                                       initiates
                                                       corrective
                                                       actions within 1
                                                       hour of the
                                                       alarm, 1 hour of
                                                       alarm time will
                                                       be counted (if
                                                       the owner or
                                                       operator takes
                                                       longer than 1
                                                       hour to initiate
                                                       corrective
                                                       actions, alarm
                                                       time will be
                                                       counted as the
                                                       actual amount of
                                                       time taken by the
                                                       owner or operator
                                                       to initiate
                                                       corrective
                                                       actions); if
                                                       inspection of the
                                                       FF or ESP system
                                                       demonstrates that
                                                       no corrective
                                                       actions are
                                                       necessary, no
                                                       alarm time will
                                                       be counted.

[[Page 61]]

 
3. Each stack emissions source    Maintain the 3-     Collecting the wet
 from a PSH operation subject to   hour block          scrubber
 an opacity limit, which is        average exhaust     operating data
 controlled by a wet scrubber.     gas stream          according to all
                                   pressure drop       applicable
                                   across the wet      requirements in
                                   scrubber greater    Sec.  63.7113
                                   than or equal to    and reducing the
                                   the pressure drop   data according to
                                   operating limit     Sec.
                                   established         63.7113(a);
                                   during the PM       maintaining the 3-
                                   performance test;   hour block
                                   and maintain the    average exhaust
                                   3-hour block        gas stream
                                   average scrubbing   pressure drop
                                   liquid flow rate    across the wet
                                   greater than or     scrubber greater
                                   equal to the flow   than or equal to
                                   rate operating      the pressure drop
                                   limit established   operating limit
                                   during the          established
                                   performance test.   during the PM
                                                       performance test;
                                                       and maintaining
                                                       the 3-hour block
                                                       average scrubbing
                                                       liquid flow rate
                                                       greater than or
                                                       equal to the flow
                                                       rate operating
                                                       limit established
                                                       during the
                                                       performance test
                                                       (the continuous
                                                       scrubbing liquid
                                                       flow rate
                                                       measuring device
                                                       must be accurate
                                                       within 1
                                                       % and the
                                                       continuous
                                                       pressure drop
                                                       measurement
                                                       device must be
                                                       accurate within
                                                       1%).
4. For each lime kiln or lime     a. Maintain and     i. Installing,
 cooler equipped with a FF or an   operate the FF or   maintaining,
 ESP that uses a COMS as the       ESP such that the   calibrating and
 monitoring device.                average opacity     operating a COMS
                                   for any 6-minute    as required by 40
                                   block period does   CFR part 63,
                                   not exceed 15       subpart A,
                                   percent.            General
                                                       Provisions and
                                                       according to PS-1
                                                       of appendix B to
                                                       part 60 of this
                                                       chapter, except
                                                       as specified in
                                                       Sec.
                                                       63.7113(g)(2);
                                                       and
                                                      ii. Collecting the
                                                       COMS data at a
                                                       frequency of at
                                                       least once every
                                                       15 seconds,
                                                       determining block
                                                       averages for each
                                                       6-minute period
                                                       and demonstrating
                                                       for each 6-minute
                                                       block period the
                                                       average opacity
                                                       does not exceed
                                                       15 percent.
------------------------------------------------------------------------



   Sec. Table 6 to Subpart AAAAA of Part 63--Periodic Monitoring for 
          Compliance With Opacity and Visible Emissions Limits

    As required in Sec. 63.7121 you must periodically demonstrate 
compliance with each opacity and VE limit that applies to you, according 
to the following table:

------------------------------------------------------------------------
                                                           You must
                                   For the following      demonstrate
            For . . .                  emission       ongoing compliance
                                   limitation . . .          . . .
------------------------------------------------------------------------
1. Each PSH operation subject to  a. 7-10 percent     (i) Conducting a
 an opacity limitation as          opacity,            monthly 1-minute
 required in Table 1 to this       depending on the    VE check of each
 subpart, or any vents from        PSH operation, as   emission unit in
 buildings subject to an opacity   required in Table   accordance with
 limitation.                       1 to this subpart.  Sec.
                                                       63.7121(e); the
                                                       check must be
                                                       conducted while
                                                       the affected
                                                       source is in
                                                       operation;
                                                      (ii) If no VE are
                                                       observed in 6
                                                       consecutive
                                                       monthly checks
                                                       for any emission
                                                       unit, you may
                                                       decrease the
                                                       frequency of VE
                                                       checking from
                                                       monthly to semi-
                                                       annually for that
                                                       emission unit; if
                                                       VE are observed
                                                       during any
                                                       semiannual check,
                                                       you must resume
                                                       VE checking of
                                                       that emission
                                                       unit on a monthly
                                                       basis and
                                                       maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks;
                                                      (iii) If no VE are
                                                       observed during
                                                       the semiannual
                                                       check for any
                                                       emission unit,
                                                       you may decrease
                                                       the frequency of
                                                       VE checking from
                                                       semi-annually to
                                                       annually for that
                                                       emission unit; if
                                                       VE are observed
                                                       during any annual
                                                       check, you must
                                                       resume VE
                                                       checking of that
                                                       emission unit on
                                                       a monthly basis
                                                       and maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks;
                                                       and

[[Page 62]]

 
                                                      (iv) If VE are
                                                       observed during
                                                       any VE check, you
                                                       must conduct a 6-
                                                       minute test of
                                                       opacity in
                                                       accordance with
                                                       Method 9 of
                                                       appendix A to
                                                       part 60 of this
                                                       chapter; you must
                                                       begin the Method
                                                       9 test within 1
                                                       hour of any
                                                       observation of VE
                                                       and the 6-minute
                                                       opacity reading
                                                       must not exceed
                                                       the applicable
                                                       opacity limit.
2. Any building subject to a VE   a. No VE..........  (i) Conducting a
 limit, according to item 8 of                         monthly VE check
 Table 1 to this subpart.                              of the building,
                                                       in accordance
                                                       with the
                                                       specifications in
                                                       Sec.
                                                       63.7112(k); the
                                                       check must be
                                                       conducted while
                                                       all the enclosed
                                                       PSH operations
                                                       are operating;
                                                      (ii) The check for
                                                       each affected
                                                       building must be
                                                       at least 5
                                                       minutes, with
                                                       each side of the
                                                       building and roof
                                                       being observed
                                                       for at least 1
                                                       minute;
                                                      (iii) If no VE are
                                                       observed in 6
                                                       consecutive
                                                       monthly checks of
                                                       the building, you
                                                       may decrease the
                                                       frequency of
                                                       checking from
                                                       monthly to semi-
                                                       annually for that
                                                       affected source;
                                                       if VE are
                                                       observed during
                                                       any semi-annual
                                                       check, you must
                                                       resume checking
                                                       on a monthly
                                                       basis and
                                                       maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks;
                                                       and
                                                      (iv) If no VE are
                                                       observed during
                                                       the semi-annual
                                                       check, you may
                                                       decrease the
                                                       frequency of
                                                       checking from
                                                       semi-annually to
                                                       annually for that
                                                       affected source;
                                                       and if VE are
                                                       observed during
                                                       any annual check,
                                                       you must resume
                                                       checking of that
                                                       emission unit on
                                                       a monthly basis
                                                       and maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks
                                                       (the source is in
                                                       compliance if no
                                                       VE are observed
                                                       during any of
                                                       these checks).
------------------------------------------------------------------------



   Sec. Table 7 to Subpart AAAAA of Part 63--Requirements for Reports

    As required in Sec. 63.7131, you must submit each report in this 
table that applies to you.

------------------------------------------------------------------------
                                    The report must     You must submit
     You must submit a . . .         contain . . .     the report . . .
------------------------------------------------------------------------
1. Compliance report............  a. If there are no  Semiannually
                                   deviations from     according to the
                                   any emission        requirements in
                                   limitations         Sec.
                                   (emission limit,    63.7131(b).
                                   operating limit,
                                   opacity limit,
                                   and VE limit)
                                   that applies to
                                   you, a statement
                                   that there were
                                   no deviations
                                   from the emission
                                   limitations
                                   during the
                                   reporting period;
                                  b. If there were    Semiannually
                                   no periods during   according to the
                                   which the CMS,      requirements in
                                   including any       Sec.
                                   operating           63.7131(b).
                                   parameter
                                   monitoring
                                   system, was out-
                                   of-control as
                                   specified in Sec.
                                     63.8(c)(7), a
                                   statement that
                                   there were no
                                   periods during
                                   which the CMS was
                                   out-of-control
                                   during the
                                   reporting period;
                                  c. If you have a    Semiannually
                                   deviation from      according to the
                                   any emission        requirements in
                                   limitation          Sec.
                                   (emission limit,    63.7131(b).
                                   operating limit,
                                   opacity limit,
                                   and VE limit)
                                   during the
                                   reporting period,
                                   the report must
                                   contain the
                                   information in
                                   Sec.
                                   63.7131(d);

[[Page 63]]

 
                                  d. If there were    Semiannually
                                   periods during      according to the
                                   which the CMS,      requirements in
                                   including any       Sec.
                                   operating           63.7131(b).
                                   parameter
                                   monitoring
                                   system, was out-
                                   of-control, as
                                   specified in Sec.
                                     63.8(c)(7), the
                                   report must
                                   contain the
                                   information in
                                   Sec.
                                   63.7131(e); and
                                  e. If you had a     Semiannually
                                   startup, shutdown   according to the
                                   or malfunction      requirements in
                                   during the          Sec.
                                   reporting period    63.7131(b).
                                   and you took
                                   actions
                                   consistent with
                                   your SSMP, the
                                   compliance report
                                   must include the
                                   information in
                                   Sec.
                                   63.10(d)(5)(i).
2. An immediate startup,          Actions taken for   By fax or
 shutdown, and malfunction         the event.          telephone within
 report if you had a startup,                          2 working days
 shutdown, or malfunction during                       after starting
 the reporting period that is                          actions
 not consistent with your SSMP.                        inconsistent with
                                                       the SSMP.
3. An immediate startup,          The information in  By letter within 7
 shutdown, and malfunction         Sec.               working days
 report if you had a startup,      63.10(d)(5)(ii).    after the end of
 shutdown, or malfunction during                       the event unless
 the reporting period that is                          you have made
 not consistent with your SSMP.                        alternative
                                                       arrangements with
                                                       the permitting
                                                       authority. See
                                                       Sec.
                                                       63.10(d)(5)(ii).
------------------------------------------------------------------------



   Sec. Table 8 to Subpart AAAAA of Part 63--Applicability of General 
                       Provisions to Subpart AAAAA

    As required in Sec. 63.7140, you must comply with the applicable 
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
                                         Summary of             Am I subject to this
             Citation                    requirement                requirement?                Explanations
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(a)(1)-(4).............  Applicability         Yes.............................
Sec.  63.1(a)(5).................  ....................  No..............................
Sec.  63.1(a)(6).................  Applicability         Yes.............................
Sec.  63.1(a)(7)-(a)(9)..........  ....................  No..............................
Sec.  63.1(a)(10)-(a)(14)........  Applicability.......  Yes.............................
Sec.  63.1(b)(1).................  Initial               Yes.............................  Sec. Sec.  63.7081
                                     Applicability                                           and 63.7142 specify
                                     Determination.                                          additional
                                                                                             applicability
                                                                                             determination
                                                                                             requirements.
Sec.  63.1(b)(2).................  ....................  No..............................
Sec.  63.1(b)(3).................  Initial               Yes.............................
                                     Applicability
                                     Determination.
Sec.  63.1(c)(1).................  Applicability After   Yes.............................
                                     Standard
                                     Established.
Sec.  63.1(c)(2).................  Permit Requirements.  No..............................  Area sources not
                                                                                             subject to subpart
                                                                                             AAAAA, except all
                                                                                             sources must make
                                                                                             initial
                                                                                             applicability
                                                                                             determination.
Sec.  63.1(c)(3).................  ....................  No..............................
Sec.  63.1(c)(4)-(5).............  Extensions,           Yes.............................
                                     Notifications.
Sec.  63.1(d)....................  ....................  No..............................
Sec.  63.1(e)....................  Applicability of      Yes.............................
                                     Permit Program.
Sec.  63.2.......................  Definitions.........  ................................  Additional
                                                                                             definitions in Sec.
                                                                                               63.7143.
Sec.  63.3(a)-(c)................  Units and             Yes.............................
                                     Abbreviations.
Sec.  63.4(a)(1)-(a)(2)..........  Prohibited            Yes.............................
                                     Activities.
Sec.  3.4(a)(3)-(a)(5)...........  ....................  No..............................
Sec.  63.4(b)-(c)................  Circumvention,        Yes.............................
                                     Severability.
Sec.  63.5(a)(1)-(2).............  Construction/         Yes.............................
                                     Reconstruction.
Sec.  63.5(b)(1).................  Compliance Dates....  Yes.............................
Sec.  63.5(b)(2).................  ....................  No..............................
Sec.  63.5(b)(3)-(4).............  Construction          Yes.............................
                                     Approval,
                                     Applicability.
Sec.  63.5(b)(5).................  ....................  No..............................
Sec.  63.5(b)(6).................  Applicability.......  Yes.............................
Sec.  63.5(c)....................  ....................  No..............................
Sec.  63.5(d)(1)-(4).............  Approval of           Yes.............................
                                     Construction/
                                     Reconstruction.
Sec.  63.5(e)....................  Approval of           Yes.............................
                                     Construction/
                                     Reconstruction.

[[Page 64]]

 
Sec.  63.5(f)(1)-(2).............  Approval of           Yes.............................
                                     Construction/
                                     Reconstruction.
Sec.  63.6(a)....................  Compliance for        Yes.............................
                                     Standards and
                                     Maintenance.
Sec.  63.6(b)(1)-(5).............  Compliance Dates....  Yes.............................
Sec.  63.6(b)(6).................  ....................  No..............................
Sec.  63.6(b)(7).................  Compliance Dates....  Yes.............................
Sec.  63.6(c)(1)-(2).............  Compliance Dates....  Yes.............................
Sec.  63.6(c)(3)-(c)(4)..........  ....................  No..............................
Sec.  63.6(c)(5).................  Compliance Dates....  Yes.............................
Sec.  63.6(d)....................  ....................  No..............................
Sec.  63.6(e)(1).................  Operation &           Yes.............................  See Sec.  63.7100
                                     Maintenance.                                            for OM&M
                                                                                             requirements.
Sec.  63.6(e)(2).................  ....................  No..............................
Sec.  63.6(e)(3).................  Startup, Shutdown     Yes.............................
                                     Malfunction Plan.
Sec.  63.6(f)(1)-(3).............  Compliance with       Yes.............................
                                     Emission Standards.
Sec.  63.6(g)(1)-(g)(3)..........  Alternative Standard  Yes.............................
Sec.  63.6(h)(1)-(2).............  Opacity/VE Standards  Yes.............................
Sec.  63.6(h)(3).................  ....................  No..............................
Sec.  63.6(h)(4)-(h)(5)(i).......  Opacity/VE Standards  Yes.............................  This requirement
                                                                                             only applies to
                                                                                             opacity and VE
                                                                                             performance checks
                                                                                             required in Table 4
                                                                                             to subpart AAAAA.
Sec.  63.6(h)(5) (ii)-(iii)......  Opacity/VE Standards  No..............................  Test durations are
                                                                                             specified in
                                                                                             subpart AAAAA;
                                                                                             subpart AAAAA takes
                                                                                             precedence.
Sec.  63.6(h)(5)(iv).............  Opacity/VE Standards  No..............................
Sec.  63.6(h)(5)(v)..............  Opacity/VE Standards  Yes.............................
Sec.  63.6(h)(6).................  Opacity/VE Standards  Yes.............................
Sec.  63.6(h)(7).................  COM Use.............  Yes.............................
Sec.  63.6(h)(8).................  Compliance with       Yes.............................
                                     Opacity and VE.
Sec.  63.6(h)(9).................  Adjustment of         Yes.............................
                                     Opacity Limit.
Sec.  63.6(i)(1)-(i)(14).........  Extension of          Yes.............................
                                     Compliance.
Sec.  63.6(i)(15)................  ....................  No..............................
Sec.  63.6(i)(16)................  Extension of          Yes.............................
                                     Compliance.
Sec.  63.6(j)....................  Exemption from        Yes.............................
                                     Compliance.
Sec.  63.7(a)(1)-(a)(3)..........  Performance Testing   Yes.............................  Sec.  63.7110
                                     Requirements.                                           specifies
                                                                                             deadlines; Sec.
                                                                                             63.7112 has
                                                                                             additional specific
                                                                                             requirements.
Sec.  63.7(b)....................  Notification........  Yes.............................
Sec.  63.7(c)....................  Quality Assurance/    Yes.............................
                                     Test Plan.
Sec.  63.7(d)....................  Testing Facilities..  Yes.............................
Sec.  63.7(e)(1)-(4).............  Conduct of Tests....  Yes.............................
Sec.  63.7(f)....................  Alternative Test      Yes.............................
                                     Method.
Sec.  63.7(g)....................  Data Analysis.......  Yes.............................
Sec.  63.7(h)....................  Waiver of Tests.....  Yes.............................
Sec.  63.8(a)(1).................  Monitoring            Yes.............................  See Sec.  63.7113.
                                     Requirements.
Sec.  63.8(a)(2).................  Monitoring..........  Yes.............................
Sec.  63.8(a)(3).................  ....................  No..............................
Sec.  63.8(a)(4).................  Monitoring..........  No..............................  Flares not
                                                                                             applicable.
Sec.  63.8(b)(1)-(3).............  Conduct of            Yes.............................
                                     Monitoring.
Sec.  63.8(c)(1)-(3).............  CMS Operation/        Yes.............................
                                     Maintenance.
Sec.  63.8(c)(4).................  CMS Requirements....  No..............................  See Sec.  63.7121.
Sec.  63.8(c)(4)(i)-(ii).........  Cycle Time for COM    Yes.............................  No CEMS are required
                                     and CEMS.                                               under subpart
                                                                                             AAAAA; see Sec.
                                                                                             63.7113 for CPMS
                                                                                             requirements.
Sec.  63.8(c)(5).................  Minimum COM           Yes.............................  COM not required.
                                     procedures.
Sec.  63.8(c)(6).................  CMS Requirements....  No..............................  See Sec.  63.7113.
Sec.  63.8(c)(7)-(8).............  CMS Requirements....  Yes.............................
Sec.  63.8(d)....................  Quality Control.....  No..............................  See Sec.  63.7113.
Sec.  63.8(e)....................  Performance           No..............................
                                     Evaluation for CMS.
Sec.  63.8(f)(1)-(f)(5)..........  Alternative           Yes.............................
                                     Monitoring Method.
Sec.  63.8(f)(6).................  Alternative to        No..............................
                                     Relative Accuracy
                                     test.
Sec.  63.8(g)(1)-(g)(5)..........  Data Reduction; Data  No..............................  See data reduction
                                     That Cannot Be Used.                                    requirements in
                                                                                             Sec. Sec.
                                                                                             63.7120 and
                                                                                             63.7121.
Sec.  63.9(a)....................  Notification          Yes.............................  See Sec.  63.7130.
                                     Requirements.

[[Page 65]]

 
Sec.  63.9(b)....................  Initial               Yes.............................
                                     Notifications.
Sec.  63.9(c)....................  Request for           Yes.............................
                                     Compliance
                                     Extension.
Sec.  63.9(d)....................  New Source            Yes.............................
                                     Notification for
                                     Special Compliance
                                     Requirements.
Sec.  63.9(e)....................  Notification of       Yes.............................
                                     Performance Test.
Sec.  63.9(f)....................  Notification of VE/   Yes.............................  This requirement
                                     Opacity Test.                                           only applies to
                                                                                             opacity and VE
                                                                                             performance tests
                                                                                             required in Table 4
                                                                                             to subpart AAAAA.
                                                                                             Notification not
                                                                                             required for VE/
                                                                                             opacity test under
                                                                                             Table 6 to subpart
                                                                                             AAAAA.
Sec.  63.9(g)....................  Additional CMS        No..............................  Not required for
                                     Notifications.                                          operating parameter
                                                                                             monitoring.
Sec.  63.9(h)(1)-(h)(3)..........  Notification of       Yes.............................
                                     Compliance Status.
Sec.  63.9(h)(4).................  ....................  No..............................
Sec.  63.9(h)(5)-(h)(6)..........  Notification of       Yes.............................
                                     Compliance Status.
Sec.  63.9(i)....................  Adjustment of         Yes.............................
                                     Deadlines.
Sec.  63.9(j)....................  Change in Previous    Yes.............................
                                     Information.
Sec.  63.10(a)...................  Recordkeeping/        Yes.............................  See Sec. Sec.
                                     Reporting General                                       63.7131 through
                                     Requirements.                                           63.7133.
Sec.  63.10(b)(1)-(b)(2)(xii)....  Records.............  Yes.............................
Sec.  63.10(b)(2)(xiii)..........  Records for Relative  No..............................
                                     Accuracy Test.
Sec.  63.10(b)(2)(xiv)...........  Records for           Yes.............................
                                     Notification.
Sec.  63.10(b)(3)................  Applicability         Yes.............................
                                     Determinations.
Sec.  63.10(c)...................  Additional CMS        No..............................  See Sec.  63.7132.
                                     Recordkeeping.
Sec.  63.10(d)(1)................  General Reporting     Yes.............................
                                     Requirements.
Sec.  63.10(d)(2)................  Performance Test      Yes.............................
                                     Results.
Sec.  63.10(d)(3)................  Opacity or VE         Yes.............................  For the periodic
                                     Observations.                                           monitoring
                                                                                             requirements in
                                                                                             Table 6 to subpart
                                                                                             AAAAA, report
                                                                                             according to Sec.
                                                                                             63.10(d)(3) only if
                                                                                             VE observed and
                                                                                             subsequent visual
                                                                                             opacity test is
                                                                                             required.
Sec.  63.10(d)(4)................  Progress Reports....  Yes.............................
Sec.  63.10(d)(5)................  Startup, Shutdown,    Yes.............................
                                     Malfunction Reports.
Sec.  63.10(e)...................  Additional CMS        No..............................  See specific
                                     Reports.                                                requirements in
                                                                                             subpart AAAAA, see
                                                                                             Sec.  63.7131.
Sec.  63.10(f)...................  Waiver for            Yes.............................
                                     Recordkeeping/
                                     Reporting.
Sec.  63.11(a)-(b)...............  Control Device        No..............................  Flares not
                                     Requirements.                                           applicable.
Sec.  63.12(a)-(c)...............  State Authority and   Yes.............................
                                     Delegations.
Sec.  63.13(a)-(c)...............  State/Regional        Yes.............................
                                     Addresses.
Sec.  63.14(a)-(b)...............  Incorporation by      No..............................
                                     Reference.
Sec.  63.15(a)-(b)...............  Availability of       Yes.............................
                                     Information.
----------------------------------------------------------------------------------------------------------------



 Subpart BBBBB_National Emission Standards for Hazardous Air Pollutants 
                     for Semiconductor Manufacturing

    Source: 68 FR 27925, May 22, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.7180  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for semiconductor manufacturing facilities. This 
subpart also establishes requirements

[[Page 66]]

to demonstrate initial and continuous compliance with the emission 
standards.



Sec. 63.7181  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
semiconductor manufacturing process unit that is a major source of 
hazardous air pollutants (HAP) emissions or that is located at, or is 
part of, a major source of HAP emissions.
    (b) A major source of HAP emissions is any stationary source or 
group of stationary sources located within a contiguous area and under 
common control that emits or has the potential to emit, considering 
controls, in the aggregate, any single HAP at a rate of 10 tons per year 
(tpy) or more or any combination of HAP at a rate of 25 tpy or more.



Sec. 63.7182  What parts of my facility does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source that you own or operate that manufactures 
semiconductors.
    (b) An affected source subject to this subpart is the collection of 
all semiconductor manufacturing process units used to manufacture p-type 
and n-type semiconductors and active solid-state devices from a wafer 
substrate, including research and development activities integrated into 
a semiconductor manufacturing process unit. A semiconductor 
manufacturing process unit includes the equipment assembled and 
connected by ductwork or hard-piping including furnaces and associated 
unit operations; associated wet and dry work benches; associated 
recovery devices; feed, intermediate, and product storage tanks; product 
transfer racks and connected ducts and piping; pumps, compressors, 
agitators, pressure-relief devices, sampling connecting systems, open-
ended valves or lines, valves, connectors, and instrumentation systems; 
and control devices.
    (c) Your affected source is a new affected source if you commence 
construction of the affected source after May 8, 2002, and you meet the 
applicability criteria in Sec. 63.7181 at the time you commence 
construction.
    (d) Your affected source is a reconstructed affected source if you 
meet the criteria for ``reconstruction,'' as defined in Sec. 63.2.
    (e) Your source is an existing affected source if it is not a new or 
reconstructed affected source.



Sec. 63.7183  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If you start up your affected source before May 22, 2003, then 
you must comply with the emission standards for new and reconstructed 
sources in this subpart no later than May 22, 2003.
    (2) If you start up your affected source after May 22, 2003, then 
you must comply with the emission standards for new and reconstructed 
sources in this subpart upon startup of your affected source.
    (b) If you have an existing affected source, you must comply with 
the emission standards for existing sources no later than 3 years from 
May 22, 2003.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP and an 
affected source subject to this subpart, paragraphs (c)(1) and (2) of 
this section apply.
    (1) Any portion of your existing facility that is a new affected 
source as specified at Sec. 63.7182(c), or a reconstructed affected 
source as specified at Sec. 63.7182(d), must be in compliance with this 
subpart upon startup.
    (2) Any portion of your facility that is an existing affected 
source, as specified at Sec. 63.7182(e), must be in compliance with 
this subpart by not later than 3 years after it becomes a major source.
    (d) You must meet the notification requirements in Sec. 63.7189 and 
in subpart A of this part. You must submit some of the notifications 
(e.g., Initial Notification) before the date you are required to comply 
with the emission limitations in this subpart.

[[Page 67]]

                           Emission Standards



Sec. 63.7184  What emission limitations, operating limits, and work practice 

standards must I meet?

    (a) If you have a new, reconstructed, or existing affected source, 
as defined in Sec. 63.7182(b), you must comply with all applicable 
emission limitations in this section on and after the compliance dates 
specified in Sec. 63.7183.
    (b) Process vents--organic HAP emissions. For each organic HAP 
process vent, other than process vents from storage tanks, you must 
limit organic HAP emissions to the level specified in paragraph (b)(1) 
or (2) of this section. These limitations can be met by venting 
emissions from your process vent through a closed vent system to any 
combination of control devices meeting the requirements of Sec. 
63.982(a)(2).
    (1) Reduce the emissions of organic HAP from the process vent stream 
by 98 percent by weight.
    (2) Reduce or maintain the concentration of emitted organic HAP from 
the process vent to less than or equal to 20 parts per million by volume 
(ppmv).
    (c) Process vents--inorganic HAP emissions. For each inorganic HAP 
process vent, other than process vents from storage tanks, you must 
limit inorganic HAP emissions to the level specified in paragraph (c)(1) 
or (2) of this section. These limitations can be met by venting 
emissions from your process vent through a closed vent system to a 
halogen scrubber meeting the requirements of Sec. Sec. 63.983 (closed 
vent system requirements) and Sec. 63.994 (halogen scrubber 
requirements); the applicable general monitoring requirements of Sec. 
63.996; the applicable performance test requirements; and the 
monitoring, recordkeeping and reporting requirements referenced therein.
    (1) Reduce the emissions of inorganic HAP from the process vent 
stream by 95 percent by weight.
    (2) Reduce or maintain the concentration of emitted inorganic HAP 
from the process vent to less than or equal to 0.42 ppmv.
    (d) Storage tanks. For each storage tank, 1,500 gallons or larger, 
you must limit total HAP emissions to the level specified in paragraph 
(d)(1) or (2) of this section if the emissions from the storage tank 
vent contains greater than 0.42 ppmv inorganic HAP. These limitations 
can be met by venting emissions from your storage tank through a closed 
vent system to a halogen scrubber meeting the requirements of Sec. Sec. 
63.983 (closed vent system requirements) and 63.994 (halogen scrubber 
requirements); the applicable general monitoring requirements of Sec. 
63.996; the applicable performance test requirements; and the 
monitoring, recordkeeping and reporting requirements referenced therein.
    (1) Reduce the emissions of inorganic HAP from each storage tank by 
95 percent by weight.
    (2) Reduce or maintain the concentration of emitted inorganic HAP 
from the process vent to less than or equal to 0.42 ppmv.
    (e) You must comply with the applicable work practice standards and 
operating limits contained in Sec. 63.982(a)(1) and (2). The closed 
vent system inspection requirements of Sec. 63.983(c), as referenced by 
Sec. 63.982(a)(1) and (2), do not apply.
    (f) Process vents--combined HAP emissions. For each combined HAP 
process vent, other than process vents from storage tanks, you must 
reduce or maintain the concentration of emitted HAP from the process 
vent to less than or equal to 14.22 ppmv. These limitations can be met 
by venting emissions from your process vent through a closed vent system 
to any combination of control devices meeting the requirements of Sec. 
63.982(a)(2).

[68 FR 27925, May 22, 2003, as amended at 73 FR 42532, July 22, 2008]

                         Compliance Requirements



Sec. 63.7185  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the requirements of Sec. 63.7184 
at all times, except during periods of startup, shutdown, or 
malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).

[[Page 68]]

    (c) You must develop a written startup, shutdown, and malfunction 
plan (SSMP). Your SSMP must be prepared in accordance with the 
provisions in Sec. 63.6(e)(3).
    (d) You must perform all the items listed in paragraphs (d)(1) 
through (3) of this section:
    (1) Submit the necessary notifications in accordance with Sec. 
63.7189.
    (2) Submit the necessary reports in accordance with Sec. 63.7190.
    (3) Maintain all necessary records you have used to demonstrate 
compliance with this subpart in accordance with Sec. 63.7191.

[68 FR 27925, May 22, 2003, as amended at 71 FR 20467, Apr. 20, 2006]



Sec. 63.7186  By what date must I conduct performance tests or other initial 

compliance demonstrations?

    For each process vent or storage tank vent emission limitation in 
Sec. 63.7184 for which initial compliance is demonstrated by meeting a 
percent by weight HAP emissions reduction, or a HAP concentration 
limitation, you must conduct performance tests or an initial compliance 
demonstration within 180 days after the compliance date that is 
specified for your source in Sec. 63.7183 and according to the 
provisions in Sec. 63.7(a)(2).



Sec. 63.7187  What performance tests and other compliance procedures must I 

use?

    (a) You must conduct each performance test in Table 1 to this 
subpart that applies to you as specified for process vents in Sec. 
63.982(a)(2) and storage tanks in Sec. 63.982(a)(1). Performance tests 
must be conducted under maximum operating conditions or HAP emissions 
potential. Section 63.982(a)(1) and (2) only includes methods to measure 
the total organic regulated material or total organic carbon (TOC) 
concentration. The EPA Methods 26 and 26A are included in Table 1 to 
this subpart in addition to the test methods contained within Sec. 
63.982(a)(1) and (2). The EPA Method 26 or 26A must be used for testing 
regulated material containing inorganic HAP. Method 320 of 40 CFR part 
63, appendix A, must be used to measure total vapor phase organic and 
inorganic HAP concentrations.
    (b) If, without the use of a control device, your process vent 
stream has an organic HAP concentration of 20 ppmv or less or an 
inorganic HAP concentration of 0.42 ppmv or less, or your storage tank 
vent stream has an inorganic HAP concentration of 0.42 ppmv or less, you 
may demonstrate that the vent stream is compliant by engineering 
assessments and calculations or by conducting the applicable performance 
test requirements specified in Table 1 to this subpart. Your engineering 
assessments and calculations, as with performance tests (as specified in 
Sec. 63.982(a)(1) and (2)), must represent your maximum operating 
conditions or HAP emissions potential and must be approved by the 
Administrator. You must demonstrate continuous compliance by certifying 
that your operations will not exceed the maximum operating conditions or 
HAP emissions potential represented by your engineering assessments, 
calculations, or performance test.
    (c) If you are using a control device to comply with the emission 
limitations in Sec. 63.7184 and the inlet concentration of HAP to the 
control device is 20 ppmv or less, then you may demonstrate that the 
control device meets the percent by weight HAP emission reduction 
limitation in Sec. 63.7184(c)(1) or (d)(1) by conducting a design 
evaluation as specified in paragraph (i) of this section. Your design 
evaluation must represent your maximum operating conditions or HAP 
emissions potential and must be approved by the Administrator. You must 
demonstrate continuous compliance by certifying that your operations 
will not exceed the maximum operating conditions or HAP emissions 
potential represented by your design evaluation.
    (d) [Reserved]
    (e) For each monitoring system required in this section, you must 
develop and submit for approval a site-specific monitoring plan that 
addresses the criteria specified in paragraphs (e)(1) through (3) of 
this section.
    (1) Installation of the continuous monitoring system (CMS) sampling 
probe or other interface at a measurement location relative to each 
affected

[[Page 69]]

process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system; and
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (f) In your site-specific monitoring plan, you must also address the 
procedural processes in paragraphs (f)(1) through (3) of this section.
    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1), (3), (4)(ii), (7), and 
(8);
    (2) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 63.8(d); and
    (3) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (g) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (h) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.
    (i) Design evaluation. To demonstrate that a control device meets 
the required percent by weight inorganic HAP emission reduction 
limitation in Sec. 63.7184(c)(1) or (d)(1), a design evaluation must 
address the composition of the inorganic HAP concentration of the vent 
stream entering the control device. A design evaluation also must 
address other vent stream characteristics and control device operating 
parameters as specified in any one of paragraphs (i)(1) through (5) of 
this section, depending on the type of control device that is used. If 
the vent stream is not the only inlet to the control device, the 
efficiency demonstration must also consider all other vapors, gases, and 
liquids, other than fuels, received by the control device.
    (1) For a condenser, the design evaluation shall consider the vent 
stream flow rate, relative humidity, and temperature and shall establish 
the design outlet organic HAP 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. The temperature of the gas stream exiting the condenser must be 
measured and used to establish the outlet organic HAP concentration.
    (2) For a carbon adsorption system that regenerates the carbon bed 
directly onsite in the control device such as a fixed-bed adsorber, the 
design evaluation shall consider the vent stream flow rate, relative 
humidity, and temperature and shall establish the design exhaust vent 
stream organic compound concentration level, adsorption cycle time, 
number and capacity of carbon beds, type and working capacity of 
activated carbon used for carbon beds, design total regeneration stream 
mass or volumetric flow over the period of each complete carbon bed 
regeneration cycle, design carbon bed temperature after regeneration, 
design carbon bed regeneration time, and design service life of carbon. 
For vacuum desorption, the pressure drop shall be included.
    (3) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite in the control device such as a carbon 
canister, the design evaluation shall consider the vent stream mass or 
volumetric flow rate, relative humidity, and temperature and shall 
establish the design exhaust vent stream organic compound concentration 
level, capacity of carbon bed, type and working capacity of activated 
carbon used for carbon bed, and design carbon replacement interval based 
on the total carbon working capacity of the control device and source 
operating schedule.
    (4) For a scrubber, the design evaluation shall consider the vent 
stream composition, constituent concentrations, liquid-to-vapor ratio, 
scrubbing liquid flow rate and concentration, temperature, and the 
reaction kinetics of the constituents with the scrubbing liquid. The 
design evaluation shall establish the design exhaust vent stream organic 
compound concentration level and will include the additional information 
in paragraphs (i)(5)(i) and (ii) of

[[Page 70]]

this section for trays and a packed column scrubber.
    (i) Type and total number of theoretical and actual trays;
    (ii) Type and total surface area of packing for entire column, and 
for individual packed sections if column contains more than one packed 
section.

[68 FR 27925, May 22, 2003, as amended at 71 FR 20467, Apr. 20, 2006]



Sec. 63.7188  What are my monitoring installation, operation, and maintenance 

requirements?

    If you comply with the emission limitations of Sec. 63.7184 by 
venting the emissions of your semiconductor process vent through a 
closed vent system to a control device, you must comply with the 
requirements of paragraphs (a) and (b) of this section.
    (a) You must meet the applicable general monitoring, installation, 
operation, and maintenance requirements specified in Sec. 63.996.
    (b) You must meet the monitoring, installation, operation, and 
maintenance requirements specified for closed vent systems and 
applicable control devices in Sec. Sec. 63.983 through 63.995. If you 
used the design evaluation procedure in Sec. 63.7187(i) to demonstrate 
compliance, you must use the information from the design evaluation to 
establish the operating parameter level for monitoring of the control 
device.

            Applications, Notifications, Reports, and Records



Sec. 63.7189  What applications and notifications must I submit and when?

    (a) You must submit all of the applications and notifications in 
Sec. Sec. 63.7(b) and (c); 63.8(e), (f)(4) and (f)(6); and 63.9(b) 
through (e), (g) and (h) that apply to you by the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you start up your affected 
source before May 22, 2003, you must submit an Initial Notification not 
later than 120 calendar days after May 22, 2003.
    (c) As specified in Sec. 63.9(b)(3), if you start up your new or 
reconstructed affected source on or after May 22, 2003. you must submit 
an Initial Notification not later than 120 calendar days after you 
become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test or other 
initial compliance demonstration, you must submit a Notification of 
Compliance Status according to Sec. 63.9(h)(2)(ii) and according to 
paragraphs (e)(1) and (2) of this section.
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the Notification of Compliance 
Status before the close of business on the 30th calendar day following 
the completion of the initial compliance demonstration. If you used the 
design evaluation procedure in Sec. 63.7187(i) to demonstrate 
compliance, you must include the results of the design evaluation in the 
Notification of Compliance Status.
    (2) For each initial compliance demonstration required that includes 
a performance test conducted according to the requirements in Table 1 to 
this subpart, you must submit a notification of the date of the 
performance evaluation at least 60 days prior to the date the 
performance evaluation is scheduled to begin as required in Sec. 
63.8(e)(2).



Sec. 63.7190  What reports must I submit and when?

    (a) You must submit each of the following reports that apply to you.
    (1) Periodic compliance reports. You must submit a periodic 
compliance report that contains the information required under 
paragraphs (c) through (e) of this section, and any requirements 
specified to be reported for process vents in Sec. 63.982(a)(2) and 
storage tanks in Sec. 63.982(a)(1).
    (2) Immediate startup, shutdown, and malfunction report. You must 
submit an Immediate Startup, Shutdown, and Malfunction Report if you had 
a startup, shutdown, or malfunction during the reporting period that is 
not consistent with your SSMP. Your report must contain actions taken 
during the event. You must submit this report by fax or telephone within 
2 working days after starting actions inconsistent with you SSMP. You 
are required to follow

[[Page 71]]

up this report with a report specifying the information in Sec. 
63.10(d)(5)(ii) by letter within 7 working days after the end of the 
event unless you have made alternative arrangements with your permitting 
authority.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date according to paragraphs (b)(1) through (5) of this section.
    (1) The first periodic compliance report must cover the period 
beginning on the compliance date that is specified for your affected 
source in Sec. 63.7183 and ending on June 30 or December 31, whichever 
date is the first date following the end of the first 12 calendar months 
after the compliance date that is specified for your source in Sec. 
63.7183.
    (2) The first periodic compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date follows 
the end of the first 12 calendar months after the compliance date that 
is specified for your affected source in Sec. 63.7183.
    (3) Each subsequent periodic compliance report must cover the 
semiannual reporting period from January 1 through June 30 or the 
semiannual reporting period from July 1 through December 31.
    (4) Each subsequent periodic compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent periodic 
compliance reports according to the dates the permitting authority has 
established instead of according to the dates in paragraphs (b)(1) 
through (4) of this section.
    (c) The periodic compliance report must contain the information 
specified in paragraphs (c)(1) through (5) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If there are no deviations from any emission limitations that 
apply to you, a statement that there were no deviations from the 
emission limitations during the reporting period and that no CMS was 
inoperative, inactive, malfunctioning, out-of-control, repaired, or 
adjusted.
    (5) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your SSMP, your 
periodic compliance report must include the information in Sec. 
63.10(d)(5) for each startup, shutdown, and malfunction.
    (d) For each deviation from an emission limitation that occurs at an 
affected source where you are not using a CMS to comply with the 
emission limitations, the periodic compliance report must contain the 
information in paragraphs (d)(1) through (2) of this section.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause), if applicable.
    (e) For each deviation from an emission limitation occurring at an 
affected source where you are using a CMS to demonstrate compliance with 
the emission limitation, you must include the information in paragraphs 
(e)(1) through (8) of this section.
    (1) The date and time that each malfunction started and stopped, and 
the reason it was inoperative.
    (2) The date and time that each CMS was inoperative, except for 
calibration checks.
    (3) The date and time that each CMS was out-of-control, including 
the information in Sec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period, and the cause of the deviation.
    (5) A summary of the total duration of the deviation during the 
reporting

[[Page 72]]

period, and the total duration as a percent of the total source 
operating time during that reporting period.
    (6) A summary of the total duration of CMS downtime during the 
reporting period, and the total duration of CMS downtime as a percent of 
the total source operating time during the reporting period.
    (7) An identification of each HAP that was monitored at the affected 
source.
    (8) The date of the latest CMS certification or audit.



Sec. 63.7191  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Notification of Compliance Status and periodic report of compliance that 
you submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunctions.
    (3) Records of performance tests and performance evaluations as 
required in Sec. 63.10(b)(2)(viii).
    (b) For each CMS, you must keep the records listed in paragraphs 
(b)(1) through (5) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi).
    (2) All required measurements needed to demonstrate compliance with 
a relevant standard (e.g., 30-minute averages of CMS data, raw 
performance testing measurements, raw performance evaluation 
measurements).
    (3) All required CMS measurements (including monitoring data 
recorded during unavoidable CMS breakdowns and out-of-control periods).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (5) Records for process vents according to the requirements 
specified in Sec. 63.982(a)(2) and storage tank vents according to the 
requirements specified in Sec. 63.982(a)(1).



Sec. 63.7192  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.7193  What parts of the General Provisions apply to me?

    Table 2 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.13 apply to you.



Sec. 63.7194  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If the U.S. EPA Administrator has 
delegated authority to your State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. You 
should contact your U.S. EPA Regional Office to find out if this subpart 
is delegated to your 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 paragraph (c) of this section 
are retained by the U.S. EPA Administrator and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as listed in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the non-opacity emission limitations 
in Sec. 63.7184 under Sec. 63.6(g).

[[Page 73]]

    (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. 63.7195  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. Sec. 63.2 and 63.981, the General Provisions of this part (40 CFR 
part 63, subpart A), and in this section as follows:
    Combined HAP process vent means a process vent that emits both 
inorganic and organic HAP to the atmosphere.
    Control device means a combustion device, recovery device, recapture 
device, or any combination of these devices used for the primary purpose 
of reducing emissions to comply with this subpart. Devices that are 
inherent to a process or are integral to the operation of a process are 
not considered control devices for the purposes of this subpart, even 
though these devices may have the secondary effect of reducing 
emissions.
    Inorganic HAP process vent means a process vent that emits only 
inorganic HAP to the atmosphere.
    Organic HAP process vent means a process vent that emits only 
organic HAP to the atmosphere.
    Process vent means the point at which HAP emissions are released to 
the atmosphere from a semiconductor manufacturing process unit or 
storage tank by means of a stack, chimney, vent, or other functionally 
equivalent opening. The HAP emission points originating from wastewater 
treatment equipment, other than storage tanks, are not considered to be 
a process vent, unless the wastewater treatment equipment emission 
points are connected to a common vent or exhaust plenum with other 
process vents.
    Semiconductor manufacturing means the collection of semiconductor 
manufacturing process units used to manufacture p-type and n-type 
semiconductors or active solid state devices from a wafer substrate, 
including processing from crystal growth through wafer fabrication, and 
testing and assembly. Examples of semiconductor or related solid state 
devices include semiconductor diodes, semiconductor stacks, rectifiers, 
integrated circuits, and transistors.
    Semiconductor manufacturing process unit means the collection of 
equipment used to carry out a discrete operation in the semiconductor 
manufacturing process. These operations include, but are not limited to, 
crystal growing; solvent stations used to prepare and clean materials 
for subsequent processing or for parts cleaning; wet chemical stations 
used for cleaning (other than solvent cleaning); photoresist 
application, developing, and stripping; etching; gaseous operation 
stations used for stripping, cleaning, doping, etching, and layering; 
separation; encapsulation; and testing. Research and development 
operations associated with semiconductor manufacturing and conducted at 
a semiconductor manufacturing facility are considered to be 
semiconductor manufacturing process units.
    Storage tank means a stationary unit that is constructed primarily 
from nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provides structural support and is designed to hold an 
accumulation of liquids or other materials used in or generated by a 
semiconductor manufacturing process unit. The following are not storage 
tanks for the purposes of this subpart:
    (1) Tanks permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Flow-through tanks where wastewater undergoes treatment (such as 
pH adjustment) before discharge, and are not used to accumulate 
wastewater;
    (3) Bottoms receiver tanks; and
    (4) Surge control tanks.

[68 FR 27925, May 22, 2003, as amended at 73 FR 42532, 73 FR 42532, July 
22, 2008]

[[Page 74]]



 Sec. Table 1 to Subpart BBBBB of Part 63--Requirements for Performance 
                                  Tests

    As stated in Sec. 63.7187, you must comply with the requirements 
for performance tests in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
              For . . .                     You must . . .            Using . . .         following requirements
                                                                                                  . . .
----------------------------------------------------------------------------------------------------------------
1. Process or storage tank vent        a. Select sampling       Method 1 or 1A of 40     Sampling sites must be
 streams.                               port's location and      CFR part 60, appendix    located at the inlet
                                        the number of traverse   A.                       (if emission reduction
                                        ports.                                            or destruction
                                                                                          efficiency testing is
                                                                                          required) and outlet
                                                                                          of the control device
                                                                                          and prior to any
                                                                                          releases to the
                                                                                          atmosphere.
                                       b. Determine velocity    Method 2, 2A, 2C, 2D,    For HAP reduction
                                        and volumetric flow      2F, or 2G of 40 CFR      efficiency testing
                                        rate.                    part 60, appendix A.     only; not necessary
                                                                                          for determining
                                                                                          compliance with a ppmv
                                                                                          concentration limit.
                                       c. Conduct gas           i. Method 3, 3A, or 3B   For flow rate
                                        molecular weight         of 40 CFR part 60,       determination only.
                                        analysis.                appendix A.
                                                                ii. ASME PTC 19.10-1981- You may use ASME PTC
                                                                 Part 10.                 19.10-1981-Part 10
                                                                                          (available for
                                                                                          purchase from Three
                                                                                          Park Avenue, New York,
                                                                                          NY 10016-5990) as an
                                                                                          alternative to EPA
                                                                                          Method 3B.
                                       d. Measure moisture      Method 4 of 40 CFR part  For flow rate
                                        content of the stack     60, appendix A.          determination and
                                        gas.                                              correction to dry
                                                                                          basis, if necessary.
2. Process vent stream...............  a. Measure organic and   i. Method 18, 25, or     (1) To determine
                                        inorganic HAP            25A of 40 CFR part 60,   compliance with the
                                        concentration (two       appendix A, AND          percent by weight
                                        method option).         ii. Method 26 or 26A of   emission reduction
                                                                 40 CFR part 60,          limit, conduct
                                                                 appendix A.              simultaneous sampling
                                                                                          at inlet and outlet of
                                                                                          control device and
                                                                                          analyze for same
                                                                                          organic and inorganic
                                                                                          HAP at both inlet and
                                                                                          outlet; and
                                                                                         (2) If you use Method
                                                                                          25A to determine the
                                                                                          TOC concentration for
                                                                                          compliance with the 20
                                                                                          ppmv emission
                                                                                          limitation, the
                                                                                          instrument must be
                                                                                          calibrated on methane
                                                                                          or the predominant
                                                                                          HAP. If you calibrate
                                                                                          on the predominant
                                                                                          HAP, you must comply
                                                                                          with each of the
                                                                                          following:
                                                                                         --The organic HAP used
                                                                                          as the calibration gas
                                                                                          must be the single
                                                                                          organic HAP
                                                                                          representing the
                                                                                          largest percent of
                                                                                          emissions by volume.
                                                                                         --The results are
                                                                                          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 its most sensitive
                                                                                          scale.
                                                                                         --The span value of the
                                                                                          analyzer must be less
                                                                                          than 100 ppmv.
                                                                                         To determine compliance
                                                                                          with 98 percent
                                                                                          reduction limit,
                                                                                          conduct simultaneous
                                                                                          sampling at inlet and
                                                                                          outlet of control
                                                                                          device and analyze for
                                                                                          same organic and
                                                                                          inorganic HAP at both
                                                                                          inlet and outlet.
                                       c. Measure organic and   Method 320 of 40 CFR     To determine compliance
                                        inorganic HAP            part 63, appendix A.     with the percent by
                                        simultaneously (one                               weight emission
                                        method option).                                   reduction limit,
                                                                                          conduct simultaneous
                                                                                          sampling at inlet and
                                                                                          outlet of control
                                                                                          device and analyze for
                                                                                          same organic and
                                                                                          inorganic HAP at both
                                                                                          inlet and outlet.
3. Storage tank vent stream..........  Measure inorganic HAP    Method 26 or 26A of 40   To determine compliance
                                        concentration.           CFR part 60, appendix    with percent by weight
                                                                 A, or Method 320 of 40   emission reduction
                                                                 CFR part 63, appendix    limit, conduct
                                                                 A.                       simultaneous sampling
                                                                                          at inlet and outlet of
                                                                                          control device and
                                                                                          analyze for same
                                                                                          inorganic HAP at both
                                                                                          inlet and outlet.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 2 to Subpart BBBBB of Part 63--Applicability of General 
                       Provisions to Subpart BBBBB

    As stated in Sec. 63.7193, you must comply with the applicable 
General Provisions requirements according to the following table:

[[Page 75]]



------------------------------------------------------------------------
                                                        Applicable to
          Citation                   Subject           Subpart BBBBB?
------------------------------------------------------------------------
Sec.  63.1.................  Applicability.......  Yes.
Sec.  63.2.................  Definitions.........  Yes.
Sec.  63.3.................  Units and             Yes.
                               Abbreviations.
Sec.  63.4.................  Prohibited            Yes.
                               Activities and
                               Circumvention.
Sec.  63.5.................  Construction and      Yes.
                               Reconstruction.
Sec.  63.6.................  Compliance with       Yes.
                               Standards and
                               Maintenance.
Sec.  63.7.................  Performance Testing   Yes, with the
                               Requirements.         exception of Sec.
                                                     63.7(e)(1). The
                                                     requirements of
                                                     Sec.  63.7(e)(1)
                                                     do not apply.
                                                     Performance testing
                                                     requirements that
                                                     apply are specified
                                                     in this subpart,
                                                     and in Sec.
                                                     63.982(a)(1) and
                                                     (2).
Sec.  63.8.................  Monitoring            Monitoring
                               Requirements.         requirements are
                                                     specified in this
                                                     subpart and in Sec.
                                                       63.982(a)(1) and
                                                     (2). The closed
                                                     vent system
                                                     inspection
                                                     requirements of
                                                     Sec.  63.983(c),
                                                     as referenced by
                                                     Sec.  63.982(a)(1)
                                                     and (2), do not
                                                     apply.
Sec.  63.9.................  Notification          Yes.
                               Requirements.
Sec.  63.10................  Recordkeeping and     Yes, with the
                               Reporting             exception of Sec.
                               Requirements.         63.10(e). The
                                                     requirements of
                                                     Sec.  63.10(e) do
                                                     not apply. In
                                                     addition, the
                                                     recordkeeping and
                                                     reporting
                                                     requirements
                                                     specified in this
                                                     subpart apply.
Sec.  63.11................  Flares..............  Yes.
Sec.  63.12................  Delegation..........  Yes.
Sec.  63.13................  Addresses...........  Yes.
Sec.  63.14................  Incorporation by      Yes.
                               Reference.
Sec.  63.15................  Availability of       Yes.
                               Information.
------------------------------------------------------------------------



 Subpart CCCCC_National Emission Standards for Hazardous Air Pollutants 
         for Coke Ovens: Pushing, Quenching, and Battery Stacks

    Source: 68 FR 18025, Apr. 14, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.7280  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for pushing, soaking, quenching, and battery 
stacks at coke oven batteries. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with all 
applicable emission limitations, work practice standards, and operation 
and maintenance requirements in this subpart.



Sec. 63.7281  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a coke oven 
battery at a coke plant that is (or is part of) a major source of 
hazardous air pollutant (HAP) emissions. A major source of HAP is a 
plant site that emits or has the potential to emit any single HAP at a 
rate of 10 tons or more per year or any combination of HAP at a rate of 
25 tons or more per year.



Sec. 63.7282  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new or existing affected source at 
your coke plant. The affected source is each coke oven battery.
    (b) This subpart covers emissions from pushing, soaking, quenching, 
and battery stacks from each affected source.
    (c) An affected source at your coke plant is existing if you 
commenced construction or reconstruction of the affected source before 
July 3, 2001.
    (d) An affected source at your coke plant is new if you commenced 
construction or reconstruction of the affected source on or after July 
3, 2001. An affected source is reconstructed if it meets the definition 
of ``reconstruction'' in Sec. 63.2.



Sec. 63.7283  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with 
each emission limitation, work practice standard, and operation and 
maintenance requirement in this subpart that applies to you no later 
than April 14, 2006.

[[Page 76]]

    (b) If you have a new affected source and its initial startup date 
is on or before April 14, 2003, you must comply with each emission 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you by April 14, 2003.
    (c) If you have a new affected source and its initial startup date 
is after April 14, 2003, you must comply with each emission limitation, 
work practice standard, and operation and maintenance requirement in 
this subpart that applies to you upon initial startup.
    (d) You must meet the notification and schedule requirements in 
Sec. 63.7340. Several of these notifications must be submitted before 
the compliance date for your affected source.

[68 FR 18025, Apr. 14, 2003; 68 FR 19885, Apr. 22, 2003]

            Emission Limitations and Work Practice Standards



Sec. 63.7290  What emission limitations must I meet for capture systems and 

control devices applied to pushing emissions?

    (a) You must not discharge to the atmosphere emissions of 
particulate matter from a control device applied to pushing emissions 
from a new or existing coke oven battery that exceed the applicable 
limit in paragraphs (a)(1) through (4) of this section:
    (1) 0.01 grain per dry standard cubic foot (gr/dscf) if a cokeside 
shed is used to capture emissions;
    (2) 0.02 pound per ton (lb/ton) of coke if a moveable hood vented to 
a stationary control device is used to capture emissions;
    (3) If a mobile scrubber car that does not capture emissions during 
travel is used:
    (i) 0.03 lb/ton of coke for a control device applied to pushing 
emissions from a short battery, or
    (ii) 0.01 lb/ton of coke for a control device applied to pushing 
emissions from a tall battery; and
    (4) 0.04 lb/ton of coke if a mobile control device that captures 
emissions during travel is used.
    (b) You must meet each operating limit in paragraphs (b)(1) through 
(4) of this section that applies to you for a new or existing coke oven 
battery.
    (1) For each venturi scrubber applied to pushing emissions, you must 
maintain the daily average pressure drop and scrubber water flow rate at 
or above the minimum levels established during the initial performance 
test.
    (2) For each hot water scrubber applied to pushing emissions, you 
must maintain the daily average water pressure and water temperature at 
or above the minimum levels established during the initial performance 
test.
    (3) For each capture system applied to pushing emissions, you must 
maintain the daily average volumetric flow rate at the inlet of the 
control device at or above the minimum level established during the 
initial performance test; or
    (i) For each capture system that uses an electric motor to drive the 
fan, you must maintain the daily average fan motor amperes at or above 
the minimum level established during the initial performance test; and
    (ii) For each capture system that does not use a fan driven by an 
electric motor, you must maintain the daily average static pressure at 
the inlet to the control device at an equal or greater vacuum than the 
level established during the initial performance test or maintain the 
daily average fan revolutions per minute (RPM) at or above the minimum 
level established during the initial performance test.
    (4) For each multicyclone, you must maintain the daily average 
pressure drop at or below the minimum level established during the 
initial performance test.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60818, Oct. 13, 2004]



Sec. 63.7291  What work practice standards must I meet for fugitive pushing 

emissions if I have a by-product coke oven battery with vertical flues?

    (a) You must meet each requirement in paragraphs (a)(1) through (7) 
of this section for each new or existing by-product coke oven battery 
with vertical flues.
    (1) Observe and record the opacity of fugitive pushing emissions 
from each oven at least once every 90 days. If an

[[Page 77]]

oven cannot be observed during a 90-day period due to circumstances that 
were not reasonably avoidable, you must observe the opacity of the first 
push of that oven following the close of the 90-day period that is 
capable of being observed in accordance with the procedures in Sec. 
63.7334(a), and you must document why the oven was not observed within a 
90-day period. All opacity observations of fugitive pushing emissions 
for batteries with vertical flues must be made using the procedures in 
Sec. 63.7334(a).
    (2) If two or more batteries are served by the same pushing 
equipment and total no more than 90 ovens, the batteries as a unit can 
be considered a single battery.
    (3) Observe and record the opacity of fugitive pushing emissions for 
at least four consecutive pushes per battery each day. Exclude any push 
during which the observer's view is obstructed or obscured by 
interferences and observe the next available push to complete the set of 
four pushes. If necessary due to circumstances that were not reasonably 
avoidable, you may observe fewer than four consecutive pushes in a day; 
however, you must observe and record as many consecutive pushes as 
possible and document why four consecutive pushes could not be observed. 
You may observe and record one or more non-consecutive pushes in 
addition to any consecutive pushes observed in a day.
    (4) Do not alter the pushing schedule to change the sequence of 
consecutive pushes to be observed on any day. Keep records indicating 
the legitimate operational reason for any change in your pushing 
schedule which results in a change in the sequence of consecutive pushes 
observed on any day.
    (5) If the average opacity for any individual push exceeds 30 
percent opacity for any short battery or 35 percent opacity for any tall 
battery, you must take corrective action and/or increase coking time for 
that oven. You must complete corrective action or increase coking time 
within either 10 calendar days or the number of days determined using 
Equation 1 of this section, whichever is greater:

X = 0.55 * Y (Eq. 1)

Where:

X = Number of calendar days allowed to complete corrective action or 
increase coking time; and
Y = Current coking time for the oven, hours.


For the purpose of determining the number of calendar days allowed under 
Equation 1 of this section, day one is the first day following the day 
you observed an opacity in excess of 30 percent for any short battery or 
35 percent for any tall battery. Any fraction produced by Equation 1 of 
this section must be counted as a whole day. Days during which the oven 
is removed from service are not included in the number of days allowed 
to complete corrective action.
    (6)(i) You must demonstrate that the corrective action and/or 
increased coking time was successful. After a period of time no longer 
than the number of days allowed in paragraph (a)(5) of this section, 
observe and record the opacity of the first two pushes for the oven 
capable of being observed using the procedures in Sec. 63.7334(a). The 
corrective action and/or increased coking time was successful if the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery. If the 
corrective action and/or increased coking time was successful, you may 
return the oven to the 90-day reading rotation described in paragraph 
(a)(1) of this section. If the average opacity of either push exceeds 30 
percent for a short battery or 35 percent for a tall battery, the 
corrective action and/or increased coking time was unsuccessful, and you 
must complete additional corrective action and/or increase coking time 
for that oven within the number of days allowed in paragraph (a)(5) of 
this section.
    (ii) After implementing any additional corrective action and/or 
increased coking time required under paragraph (a)(6)(i) or (a)(7)(ii) 
of this section, you must demonstrate that corrective action and/or 
increased coking time was successful. After a period of time no longer 
than the number of days allowed in paragraph (a)(5) of this section, you 
must observe and record the opacity of the first two pushes for the oven 
capable of being observed using the procedures in Sec. 63.7334(a). The

[[Page 78]]

corrective action and/or increased coking time was successful if the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery. If the 
corrective action and/or increased coking time was successful, you may 
return the oven to the 90-day reading rotation described in paragraph 
(a)(1) of this section. If the average opacity of either push exceeds 30 
percent for a short battery or 35 percent for a tall battery, the 
corrective action and/or increased coking time was unsuccessful, and you 
must follow the procedures in paragraph (a)(6)(iii) of this section.
    (iii) If the corrective action and/or increased coking time was 
unsuccessful as described in paragraph (a)(6)(ii) of this section, you 
must repeat the procedures in paragraph (a)(6)(ii) of this section until 
the corrective action and/or increased coking time is successful. You 
must report to the permitting authority as a deviation each unsuccessful 
attempt at corrective action and/or increased coking time under 
paragraph (a)(6)(ii) of this section.
    (7)(i) If at any time you place an oven on increased coking time as 
a result of fugitive pushing emissions that exceed 30 percent for a 
short battery or 35 percent for a tall battery, you must keep the oven 
on the increased coking time until the oven qualifies for decreased 
coking time using the procedures in paragraph (a)(7)(ii) or (a)(7)(iii) 
of this section.
    (ii) To qualify for a decreased coking time for an oven placed on 
increased coking time in accordance with paragraph (a)(5) or (6) of this 
section, you must operate the oven on the decreased coking time. After 
no more than two coking cycles on the decreased coking time, you must 
observe and record the opacity of the first two pushes that are capable 
of being observed using the procedures in Sec. 63.7334(a). If the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery, you may keep the 
oven on the decreased coking time and return the oven to the 90-day 
reading rotation described in paragraph (a)(1) of this section. If the 
average opacity of either push exceeds 30 percent for a short battery or 
35 percent for a tall battery, the attempt to qualify for a decreased 
coking time was unsuccessful. You must then return the oven to the 
previously established increased coking time, or implement other 
corrective action(s) and/or increased coking time. If you implement 
other corrective action and/or a coking time that is shorter than the 
previously established increased coking time, you must follow the 
procedures in paragraph (a)(6)(ii) of this section to confirm that the 
corrective action(s) and/or increased coking time was successful.
    (iii) If the attempt to qualify for decreased coking time was 
unsuccessful as described in paragraph (a)(7)(ii) of this section, you 
may again attempt to qualify for decreased coking time for the oven. To 
do this, you must operate the oven on the decreased coking time. After 
no more than two coking cycles on the decreased coking time, you must 
observe and record the opacity of the first two pushes that are capable 
of being observed using the procedures in Sec. 63.7334(a). If the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery, you may keep the 
oven on the decreased coking time and return the oven to the 90-day 
reading rotation described in paragraph (a)(1) of this section. If the 
average opacity of either push exceeds 30 percent for a short battery or 
35 percent for a tall battery, the attempt to qualify for a decreased 
coking time was unsuccessful. You must then return the oven to the 
previously established increased coking time, or implement other 
corrective action(s) and/or increased coking time. If you implement 
other corrective action and/or a coking time that is shorter than the 
previously established increased coking time, you must follow the 
procedures in paragraph (a)(6)(ii) of this section to confirm that the 
corrective action(s) and/or increased coking time was successful.
    (iv) You must report to the permitting authority as a deviation the 
second and any subsequent consecutive unsuccessful attempts on the same 
oven to qualify for decreased coking time as described in paragraph 
(a)(7)(iii) of this section.

[[Page 79]]

    (b) As provided in Sec. 63.6(g), you may request to use an 
alternative to the work practice standards in paragraph (a) of this 
section.



Sec. 63.7292  What work practice standards must I meet for fugitive pushing 

emissions if I have a by-product coke oven battery with horizontal flues?

    (a) You must comply with each of the requirements in paragraphs 
(a)(1) through (4) of this section.
    (1) Prepare and operate by a written plan that will eliminate or 
minimize incomplete coking for each by-product coke oven battery with 
horizontal flues. You must submit the plan and supporting documentation 
to the Administrator (or delegated authority) for approval no later than 
90 days after completing all observations and measurements required for 
the study in paragraph (a)(3) of this section or April 14, 2004, 
whichever is earlier. You must begin operating by the plan requirements 
by the compliance date that is specified in Sec. 63.7283. The written 
plan must identify minimum flue temperatures for different coking times 
and a battery-wide minimum acceptable flue temperature for any oven at 
any coking time.
    (2) Submit the written plan and supporting documentation to the 
Administrator (or delegated authority) for review and approval. Include 
all data collected during the study described in paragraph (a)(3) of 
this section. If the Administrator (or delegated authority) disapproves 
the plan, you must revise the plan as directed by the Administrator (or 
delegated authority) and submit the amended plan for approval. The 
Administrator (or delegated authority) may require you to collect and 
submit additional data. You must operate according to your submitted 
plan (or submitted amended plan, if any) until the Administrator (or 
delegated authority) approves your plan.
    (3) You must base your written plan on a study that you conduct that 
meets each of the requirements listed in paragraphs (a)(3)(i) through 
(x) of this section.
    (i) Initiate the study by July 14, 2003. Notify the Administrator 
(or delegated authority) at least 7 days prior to initiating the study 
according to the requirements in Sec. 63.7340(f).
    (ii) Conduct the study under representative operating conditions, 
including but not limited to the range of moisture content and volatile 
matter in the coal that is charged.
    (iii) Include every oven in the study and observe at least two 
pushes from each oven.
    (iv) For each push observed, measure and record the temperature of 
every flue within 2 hours before the scheduled pushing time. Document 
the oven number, date, and time the oven was charged and pushed, and 
calculate the net coking time.
    (v) For each push observed, document the factors to be used to 
identify pushes that are incompletely coked. These factors must include 
(but are not limited to): average opacity during the push, average 
opacity during travel to the quench tower, average of six highest 
consecutive observations during both push and travel, highest single 
opacity reading, color of the emissions (especially noting any yellow or 
brown emissions), presence of excessive smoke during travel to the 
quench tower, percent volatile matter in the coke, percent volatile 
matter and percent moisture in the coal that is charged, and the date 
the oven was last rebuilt or completely relined. Additional 
documentation may be provided in the form of pictures or videotape of 
emissions during the push and travel. All opacity observations must be 
conducted in accordance with the procedures in Sec. 63.7334(a)(3) 
through (7).
    (vi) Inspect the inside walls of the oven after each observed push 
for cool spots as indicated by a flue that is darker than others (the 
oven walls should be red hot) and record the results.
    (vii) For each push observed, note where incomplete coking occurs if 
possible (e.g., coke side end, pusher side end, top, or center of the 
coke mass). For any push with incomplete coking, investigate and 
document the probable cause.
    (viii) Use the documented factors in paragraph (a)(3)(v) of this 
section to identify pushes that were completely coked and those that 
were not completely coked. Provide a rationale for

[[Page 80]]

the determination based on the documentation of factors observed during 
the study.
    (ix) Use only the flue temperature and coking time data for pushes 
that were completely coked to identify minimum flue temperatures for 
various coking times. Submit the criteria used to determine complete 
coking, as well as a table of coking times and corresponding 
temperatures for complete coking as part of your plan.
    (x) Determine the battery-wide minimum acceptable flue temperature 
for any oven. This temperature will be equal to the lowest temperature 
that provided complete coking as determined in paragraph (a)(3)(ix) of 
this section.
    (4) You must operate according to the coking times and temperatures 
in your approved plan and the requirements in paragraphs (a)(4)(i) 
through (viii) of this section.
    (i) Measure and record the percent volatile matter in the coal that 
is charged.
    (ii) Measure and record the temperature of all flues on two ovens 
per day within 2 hours before the scheduled pushing time for each oven. 
Measure and record the temperature of all flues on each oven at least 
once each month.
    (iii) For each oven observed in accordance with paragraph (a)(4)(ii) 
of this section, record the time each oven is charged and pushed and 
calculate and record the net coking time. If any measured flue 
temperature for an oven is below the minimum flue temperature for an 
oven's scheduled coking time as established in the written plan, 
increase the coking time for the oven to the coking time in the written 
plan for the observed flue temperature before pushing the oven.
    (iv) If you increased the coking time for any oven in accordance 
with paragraph (a)(4)(iii) of this section, you must investigate the 
cause of the low flue temperature and take corrective action to fix the 
problem. You must continue to measure and record the temperature of all 
flues for the oven within 2 hours before each scheduled pushing time 
until the measurements meet the minimum temperature requirements for the 
increased coking time for two consecutive pushes. If any measured flue 
temperature for an oven on increased coking time falls below the minimum 
flue temperature for the increased coking time, as established in the 
written plan, you must increase the coking time for the oven to the 
coking time specified in the written plan for the observed flue 
temperature before pushing the oven. The oven must continue to operate 
at this coking time (or at a longer coking time if the temperature falls 
below the minimum allowed for the increased coking time) until the 
problem has been corrected, and you have confirmed that the corrective 
action was successful as required by paragraph (a)(4)(v) of this 
section.
    (v) Once the heating problem has been corrected, the oven may be 
returned to the battery's normal coking schedule. You must then measure 
and record the flue temperatures for the oven within 2 hours before the 
scheduled pushing time for the next two consecutive pushes. If any flue 
temperature measurement is below the minimum flue temperature for that 
coking time established in the written plan, repeat the procedures in 
paragraphs (a)(4)(iii) and (iv) of this section.
    (vi) If any flue temperature measurement is below the battery-wide 
minimum acceptable temperature for complete coking established in the 
written plan for any oven at any coking time, you must remove the oven 
from service for repairs.
    (vii) For an oven that has been repaired and returned to service 
after being removed from service in accordance with paragraph (a)(4)(vi) 
of this section, you must measure and record the temperatures of all 
flues for the oven within 2 hours before the first scheduled pushing 
time. If any flue temperature measurement is below the minimum flue 
temperature for the scheduled coking time, as established in the written 
plan, you must repeat the procedures described in paragraphs (a)(4)(iii) 
and (iv) of this section.
    (viii) For an oven that has been repaired and returned to service 
after removal from service in accordance with paragraph (a)(4)(vi) of 
this section, you

[[Page 81]]

must report as a deviation to the permitting authority any flue 
temperature measurement made during the initial coking cycle after 
return to service that is below the lowest acceptable minimum flue 
temperature.
    (b) As provided in Sec. 63.6(g), you may request to use an 
alternative to the work practice standards in paragraph (a) of this 
section.



Sec. 63.7293  What work practice standards must I meet for fugitive pushing 

emissions if I have a non-recovery coke oven battery?

    (a) You must meet the requirements in paragraphs (a)(1) and (2) of 
this section for each new and existing non-recovery coke oven battery.
    (1) You must visually inspect each oven prior to pushing by opening 
the door damper and observing the bed of coke.
    (2) Do not push the oven unless the visual inspection indicates that 
there is no smoke in the open space above the coke bed and that there is 
an unobstructed view of the door on the opposite side of the oven.
    (b) As provided in Sec. 63.6(g), you may request to use an 
alternative to the work practice standard in paragraph (a) of this 
section.



Sec. 63.7294  What work practice standard must I meet for soaking?

    (a) For each new and existing by-product coke oven battery, you must 
prepare and operate at all times according to a written work practice 
plan for soaking. Each plan must include measures and procedures to:
    (1) Train topside workers to identify soaking emissions that require 
corrective actions.
    (2) Damper the oven off the collecting main prior to opening the 
standpipe cap.
    (3) Determine the cause of soaking emissions that do not ignite 
automatically, including emissions that result from raw coke oven gas 
leaking from the collecting main through the damper, and emissions that 
result from incomplete coking.
    (4) If soaking emissions are caused by leaks from the collecting 
main, take corrective actions to eliminate the soaking emissions. 
Corrective actions may include, but are not limited to, reseating the 
damper, cleaning the flushing liquor piping, using aspiration, putting 
the oven back on the collecting main, or igniting the emissions.
    (5) If soaking emissions are not caused by leaks from the collecting 
main, notify a designated responsible party. The responsible party must 
determine whether the soaking emissions are due to incomplete coking. If 
incomplete coking is the cause of the soaking emissions, you must put 
the oven back on the collecting main until it is completely coked or you 
must ignite the emissions.
    (b) As provided in Sec. 63.6(g), you may request to use an 
alternative to the work practice standard in paragraph (a) of this 
section.



Sec. 63.7295  What requirements must I meet for quenching?

    (a) You must meet the requirements in paragraphs (a)(1) and (2) of 
this section for each quench tower and backup quench station at a new or 
existing coke oven battery.
    (1) For the quenching of hot coke, you must meet the requirements in 
paragraph (a)(1)(i) or (ii) of this section.
    (i) The concentration of total dissolved solids (TDS) in the water 
used for quenching must not exceed 1,100 milligrams per liter (mg/L); or
    (ii) The sum of the concentrations of benzene, benzo(a)pyrene, and 
naphthalene in the water used for quenching must not exceed the 
applicable site-specific limit approved by the permitting authority.
    (2) You must use acceptable makeup water, as defined in Sec. 
63.7352, as makeup water for quenching.
    (b) For each quench tower at a new or existing coke oven battery and 
each backup quench station at a new coke oven battery, you must meet 
each of the requirements in paragraphs (b)(1) through (4) of this 
section.
    (1) You must equip each quench tower with baffles such that no more 
than 5 percent of the cross sectional area of the tower may be uncovered 
or open to the sky.
    (2) You must wash the baffles in each quench tower once each day 
that the tower is used to quench coke, except as

[[Page 82]]

specified in paragraphs (b)(2)(i) and (ii) of this section.
    (i) You are not required to wash the baffles in a quench tower if 
the highest measured ambient temperature remains less than 30 degrees 
Fahrenheit throughout that day (24-hour period). If the measured ambient 
temperature rises to 30 degrees Fahrenheit or more during the day, you 
must resume daily washing according to the schedule in your operation 
and maintenance plan.
    (ii) You must continuously record the ambient temperature on days 
that the baffles were not washed.
    (3) You must inspect each quench tower monthly for damaged or 
missing baffles and blockage.
    (4) You must initiate repair or replacement of damaged or missing 
baffles within 30 days and complete as soon as practicable.
    (c) As provided in Sec. 63.6(g), you may request to use an 
alternative to the work practice standards in paragraph (b) of this 
section.



Sec. 63.7296  What emission limitations must I meet for battery stacks?

    You must not discharge to the atmosphere any emissions from any 
battery stack at a new or existing by-product coke oven battery that 
exhibit an opacity greater than the applicable limit in paragraphs (a) 
and (b) of this section.
    (a) Daily average of 15 percent opacity for a battery on a normal 
coking cycle.
    (b) Daily average of 20 percent opacity for a battery on batterywide 
extended coking.

                 Operation and Maintenance Requirements



Sec. 63.7300  What are my operation and maintenance requirements?

    (a) As required by Sec. 63.6(e)(1)(i), you must always operate and 
maintain your affected source, including air pollution control and 
monitoring equipment, in a manner consistent with good air pollution 
control practices for minimizing emissions at least to the levels 
required by this subpart.
    (b) You must prepare and operate at all times according to a written 
operation and maintenance plan for the general operation and maintenance 
of new or existing by-product coke oven batteries. Each plan must 
address, at a minimum, the elements listed in paragraphs (b)(1) through 
(6) of this section.
    (1) Frequency and method of recording underfiring gas parameters.
    (2) Frequency and method of recording battery operating temperature, 
including measurement of individual flue and cross-wall temperatures.
    (3) Procedures to prevent pushing an oven before it is fully coked.
    (4) Procedures to prevent overcharging and undercharging of ovens, 
including measurement of coal moisture, coal bulk density, and 
procedures for determining volume of coal charged.
    (5) Frequency and procedures for inspecting flues, burners, and 
nozzles.
    (6) Schedule and procedures for the daily washing of baffles.
    (c) You must prepare and operate at all times according to a written 
operation and maintenance plan for each capture system and control 
device applied to pushing emissions from a new or existing coke oven 
battery. Each plan must address at a minimum the elements in paragraphs 
(c)(1) through (3) of this section.
    (1) Monthly inspections of the equipment that are important to the 
performance of the total capture system (e.g., pressure sensors, 
dampers, and damper switches). This inspection must include observations 
of the physical appearance of the equipment (e.g., presence of holes in 
ductwork or hoods, flow constrictions caused by dents or accumulated 
dust in ductwork, and fan erosion). In the event a defect or deficiency 
is found in the capture system (during a monthly inspection or between 
inspections), you must complete repairs within 30 days after the date 
that the defect or deficiency is discovered. If you determine that the 
repairs cannot be completed within 30 days, you must submit a written 
request for an extension of time to complete the repairs that must be 
received by the permitting authority not more than 20 days after the 
date that the defect or deficiency is discovered. The request must 
contain a description of the defect or deficiency, the steps needed and

[[Page 83]]

taken to correct the problem, the interim steps being taken to mitigate 
the emissions impact of the defect or deficiency, and a proposed 
schedule for completing the repairs. The request shall be deemed 
approved unless and until such time as the permitting authority notifies 
you that it objects to the request. The permitting authority may 
consider all relevant factors in deciding whether to approve or deny the 
request (including feasibility and safety). Each approved schedule must 
provide for completion of repairs as expeditiously as practicable, and 
the permitting authority may request modifications to the proposed 
schedule as part of the approval process.
    (2) Preventative maintenance for each control device, including a 
preventative maintenance schedule that is consistent with the 
manufacturer's instructions for routine and long-term maintenance.
    (3) Corrective action for all baghouses applied to pushing 
emissions. In the event a bag leak detection system alarm is triggered, 
you must initiate corrective action to determine the cause of the alarm 
within 1 hour of the alarm, initiate corrective action to correct the 
cause of the problem within 24 hours of the alarm, and complete the 
corrective action as soon as practicable. Actions may include, but are 
not limited to:
    (i) Inspecting the baghouse 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 baghouse compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.

[68 FR 18025, Apr. 14, 2003, as amended at 70 FR 44289, Aug. 2, 2005]

                     General Compliance Requirements



Sec. 63.7310  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emission limitations, work 
practice standards, and operation and maintenance requirements in this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction as defined in Sec. 63.2.
    (b) During the period between the compliance date specified for your 
affected source in Sec. 63.7283 and the date upon which continuous 
monitoring systems have been installed and certified and any applicable 
operating limits have been set, you must maintain a log detailing the 
operation and maintenance of the process and emissions control 
equipment.
    (c) You must develop a written startup, shutdown, and malfunction 
plan according to the provisions in Sec. 63.6(e)(3).

[68 FR 18025, Apr. 14, 2003, as amended at 71 FR 20467, Apr. 20, 2006]

                     Initial Compliance Requirements



Sec. 63.7320  By what date must I conduct performance tests or other initial 

compliance demonstrations?

    (a) As required in Sec. 63.7(a)(2), you must conduct a performance 
test to demonstrate compliance with each limit in Sec. 63.7290(a) for 
emissions of particulate matter from a control device applied to pushing 
emissions that applies to you within 180 calendar days after the 
compliance date that is specified in Sec. 63.7283.
    (b) You must conduct performance tests to demonstrate compliance 
with the TDS limit or constituent limit for quench water in Sec. 
63.7295(a)(1) and each opacity limit in Sec. 63.7297(a) for a by-
product coke oven battery stack by the compliance date that is specified 
in Sec. 63.7283.
    (c) For each work practice standard and operation and maintenance 
requirement that applies to you, you must demonstrate initial compliance 
within 30 calendar days after the compliance date that is specified in 
Sec. 63.7283.
    (d) If you commenced construction or reconstruction between July 3, 
2001 and

[[Page 84]]

April 14, 2003, you must demonstrate initial compliance with either the 
proposed emission limit or the promulgated emission limit no later than 
October 14, 2003, or no later than 180 calendar days after startup of 
the source, whichever is later, according to Sec. 63.7(a)(2)(ix).
    (e) If you commenced construction or reconstruction between July 3, 
2001 and April 14, 2003, and you chose to comply with the proposed 
emission limit when demonstrating initial compliance, you must conduct a 
second performance test to demonstrate compliance with the promulgated 
emission limit by October 11, 2006, or after startup of the source, 
whichever is later, according to Sec. 63.7(a)(2)(ix).



Sec. 63.7321  When must I conduct subsequent performance tests?

    For each control device subject to an emission limit for particulate 
matter in Sec. 63.7290(a), you must conduct subsequent performance 
tests no less frequently than twice (at mid-term and renewal) during 
each term of your title V operating permit.



Sec. 63.7322  What test methods and other procedures must I use to demonstrate 

initial compliance with the emission limits for particulate matter?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements in paragraph (b) of this 
section.
    (b) To determine compliance with the emission limit for particulate 
matter from a control device applied to pushing emissions where a 
cokeside shed is the capture system, follow the test methods and 
procedures in paragraphs (b)(1) and (2) of this section. To determine 
compliance with a process-weighted mass rate of particulate matter (lb/
ton of coke) from a control device applied to pushing emissions where a 
cokeside shed is not used, follow the test methods and procedures in 
paragraphs (b)(1) through (4) of this section.
    (1) Determine the concentration of particulate matter according to 
the following test methods in appendix A to 40 CFR part 60.
    (i) Method 1 to select sampling port locations and the number of 
traverse points. Sampling sites must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of 
the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5 or 5D, as applicable, to determine the concentration of 
front half particulate matter in the stack gas.
    (2) During each particulate matter test run, sample only during 
periods of actual pushing when the capture system fan and control device 
are engaged. Collect a minimum sample volume of 30 dry standard cubic 
feet of gas during each test run. Three valid test runs are needed to 
comprise a performance test. Each run must start at the beginning of a 
push and finish at the end of a push (i.e., sample for an integral 
number of pushes).
    (3) Determine the total combined weight in tons of coke pushed 
during the duration of each test run according to the procedures in your 
source test plan for calculating coke yield from the quantity of coal 
charged to an individual oven.
    (4) Compute the process-weighted mass emissions (Ep) for 
each test run using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR14AP03.001

Where:

Ep = Process weighted mass emissions of particulate matter, 
lb/ton;
C = Concentration of particulate matter, gr/dscf;
Q = Volumetric flow rate of stack gas, dscf/hr;
T = Total time during a run that a sample is withdrawn from the stack 
during pushing, hr;
P = Total amount of coke pushed during the test run, tons; and
K = Conversion factor, 7,000 gr/lb.

[68 FR 18025, Apr. 14, 2003, as amended at 70 FR 44289, Aug. 2, 2005]

[[Page 85]]



Sec. 63.7323  What procedures must I use to establish operating limits?

    (a) For a venturi scrubber applied to pushing emissions from a coke 
oven battery, you must establish site-specific operating limits for 
pressure drop and scrubber water flow rate according to the procedures 
in paragraphs (a)(1) and (2) of this section.
    (1) Using the continuous parameter monitoring systems (CPMS) 
required in Sec. 63.7330(b), measure and record the pressure drop and 
scrubber water flow rate for each particulate matter test run during 
periods of pushing. A minimum of one pressure drop measurement and one 
scrubber water flow rate measurement must be obtained for each push.
    (2) Compute and record the average pressure drop and scrubber water 
flow rate for each test run. Your operating limits are the lowest 
average pressure drop and scrubber water flow rate values recorded 
during any of the three runs that meet the applicable emission limit.
    (b) For a hot water scrubber applied to pushing emissions from a 
coke oven battery, you must establish site-specific operating limits for 
water pressure and water temperature according to the procedures in 
paragraphs (b)(1) and (2) of this section.
    (1) Using the CPMS required in Sec. 63.7330(c), measure and record 
the hot water pressure and temperature for each particulate matter test 
run during periods of pushing. A minimum of one pressure measurement and 
one temperature measurement must be made just prior to each push by 
monitoring the hot water holding tank on the mobile scrubber car.
    (2) Compute and record the average water pressure and temperature 
for each test run. Your operating limits are the lowest pressure and 
temperature values recorded during any of the three runs that meet the 
applicable emission limit.
    (c) For a capture system applied to pushing emissions from a coke 
oven battery, you must establish a site-specific operating limit 
according to the procedures in paragraphs (c)(1), (2), or (3) of this 
section.
    (1) If you elect the operating limit in Sec. 63.7290(b)(3) for 
volumetric flow rate, measure and record the total volumetric flow rate 
at the inlet of the control device during each push sampled for each 
particulate matter test run. Your operating limit is the lowest 
volumetric flow rate recorded during any of the three runs that meet the 
emission limit.
    (2) If you elect the operating limit in Sec. 63.7290(b)(3)(i) for 
fan motor amperes, measure and record the fan motor amperes during each 
push sampled for each particulate matter test run. Your operating limit 
is the lowest fan motor amperes recorded during any of the three runs 
that meet the emission limit.
    (3) If you elect the operating limit in Sec. 63.7290(b)(3)(ii) for 
static pressure or fan RPM, measure and record the static pressure at 
the inlet of the control device or fan RPM during each push sampled for 
each particulate matter test run. Your operating limit for static 
pressure is the minimum vacuum recorded during any of the three runs 
that meets the emission limit. Your operating limit for fan RPM is the 
lowest fan RPM recorded during any of the three runs that meets the 
emission limit.
    (d) For a multicyclone applied to pushing emissions from a coke oven 
battery, you must establish a site-specific operating limit for pressure 
drop according to the procedures in paragraphs (d)(1) and (2) of this 
section.
    (1) Using the CPMS required in Sec. 63.7330(f), measure and record 
the pressure drop for each particulate matter test run during periods of 
pushing. A minimum of one pressure drop measurement must be obtained for 
each push.
    (2) Compute and record the average pressure drop for each test run. 
Your operating limit is the highest average pressure drop value recorded 
during any of the three runs that meet the emission limit.
    (e) You may change the operating limit for a venturi scrubber, 
capture system, or mobile control device that captures emissions during 
pushing if you meet the requirements in paragraphs (e)(1) through (3) of 
this section.
    (1) Submit a written notification to the Administrator of your 
request to

[[Page 86]]

conduct a new performance test to revise the operating limit.
    (2) Conduct a performance test to demonstrate that emissions of 
particulate matter from the control device do not exceed the applicable 
limit in Sec. 63.7290(a).
    (3) Establish revised operating limits according to the applicable 
procedures in paragraphs (a) through (d) of this section.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60818, Oct. 13, 2004]



Sec. 63.7324  What procedures must I use to demonstrate initial compliance 

with the opacity limits?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements in paragraph (b) of this 
section.
    (b) To determine compliance with the daily average opacity limit for 
stacks of 15 percent for a by-product coke oven battery on a normal 
coking cycle or 20 percent for a by-product coke oven battery on 
batterywide extended coking, follow the test methods and procedures in 
paragraphs (b)(1) through (3) of this section.
    (1) Using the continuous opacity monitoring system (COMS) required 
in Sec. 63.7330(e), measure and record the opacity of emissions from 
each battery stack for a 24-hour period.
    (2) Reduce the monitoring data to hourly averages as specified in 
Sec. 63.8(g)(2).
    (3) Compute and record the 24-hour (daily) average of the COMS data.



Sec. 63.7325  What test methods and other procedures must I use to demonstrate 

initial compliance with the TDS or constituent limits for quench water?

    (a) If you elect the TDS limit for quench water in Sec. 
63.7295(a)(1)(i), you must conduct each performance test that applies to 
your affected source according to the conditions in paragraphs (a)(1) 
and (2) of this section.
    (1) Take the quench water sample from a location that provides a 
representative sample of the quench water as applied to the coke (e.g., 
from the header that feeds water to the quench tower reservoirs). 
Conduct sampling under normal and representative operating conditions.
    (2) Determine the TDS concentration of the sample using Method 160.1 
in 40 CFR part 136.3 (see ``residue--filterable''), except that you must 
dry the total filterable residue at 103 to 105 [deg]C (degrees 
Centigrade) instead of 180 [deg]C.
    (b) If at any time you elect to meet the alternative requirements 
for quench water in Sec. 63.7295(a)(1)(ii), you must establish a site-
specific constituent limit according to the procedures in paragraphs 
(b)(1) through (4) of this section.
    (1) Take a minimum of nine quench water samples from a location that 
provides a representative sample of the quench water as applied to the 
coke (e.g., from the header that feeds water to the quench tower 
reservoirs). Conduct sampling under normal and representative operating 
conditions.
    (2) For each sample, determine the TDS concentration according to 
the requirements in paragraph (a)(2) of this section and the 
concentration of benzene, benzo(a)pyrene, and naphthalene using the 
applicable methods in 40 CFR part 136 or an approved alternative method.
    (3) Determine and record the highest sum of the concentrations of 
benzene, benzo(a)pyrene, and naphthalene in any sample that has a TDS 
concentration less than or equal to the TDS limit of 1,100 mg/L. This 
concentration is the site-specific constituent limit.
    (4) Submit the site-specific limit, sampling results, and all 
supporting data and calculations to your permitting authority for review 
and approval.
    (c) If you elect the constituent limit for quench water in Sec. 
63.7295(a)(1)(ii), you must conduct each performance test that applies 
to your affected source according to the conditions in paragraphs (c)(1) 
and (2) of this section.
    (1) Take a quench water sample from a location that provides a 
representative sample of the quench water as applied to the coke (e.g., 
from the header that feeds water to the quench tower reservoirs). 
Conduct sampling under normal and representative operating conditions.
    (2) Determine the sum of the concentration of benzene, 
benzo(a)pyrene, and naphthalene in the sample using

[[Page 87]]

the applicable methods in 40 CFR part 136 or an approved alternative 
method.



Sec. 63.7326  How do I demonstrate initial compliance with the emission 

limitations that apply to me?

    (a) For each coke oven battery subject to the emission limit for 
particulate matter from a control device applied to pushing emissions, 
you have demonstrated initial compliance if you meet the requirements in 
paragraphs (a)(1) through (4) of this section that apply to you.
    (1) The concentration of particulate matter, measured in accordance 
with the performance test procedures in Sec. 63.7322(b)(1) and (2), did 
not exceed 0.01 gr/dscf for a control device where a cokeside shed is 
used to capture pushing emissions or the process-weighted mass rate of 
particulate matter (lb/ton of coke), measured in accordance with the 
performance test procedures in Sec. 63.7322(b)(1) through (4), did not 
exceed:
    (i) 0.02 lb/ton of coke if a moveable hood vented to a stationary 
control device is used to capture emissions;
    (ii) If a mobile scrubber car that does not capture emissions during 
travel is used, 0.03 lb/ton of coke from a control device applied to 
pushing emissions from a short coke oven battery or 0.01 lb/ton of coke 
from a control device applied to pushing emissions from a tall coke oven 
battery; and
    (iii) 0.04 lb/ton of coke if a mobile control device that captures 
emissions during travel is used.
    (2) For each venturi scrubber applied to pushing emissions, you have 
established appropriate site-specific operating limits and have a record 
of the pressure drop and scrubber water flow rate measured during the 
performance test in accordance with Sec. 63.7323(a).
    (3) For each hot water scrubber applied to pushing emissions, you 
have established appropriate site-specific operating limits and have a 
record of the water pressure and temperature measured during the 
performance test in accordance with Sec. 63.7323(b).
    (4) For each capture system applied to pushing emissions, you have 
established an appropriate site-specific operating limit, and:
    (i) If you elect the operating limit in Sec. 63.7290(b)(3) for 
volumetric flow rate, you have a record of the total volumetric flow 
rate at the inlet of the control device measured during the performance 
test in accordance with Sec. 63.7323(c)(1); or
    (ii) If you elect the operating limit in Sec. 63.7290(b)(3)(i) for 
fan motor amperes, you have a record of the fan motor amperes during the 
performance test in accordance with Sec. 63.7323(c)(2); or
    (iii) If you elect the operating limit in Sec. 63.7290(b)(3)(ii) 
for static pressure or fan RPM, you have a record of the static pressure 
at the inlet of the control device or fan RPM measured during the 
performance test in accordance with Sec. 63.7323(c)(3).
    (5) For each multicyclone applied to pushing emissions, you have 
established an appropriate site-specific operating limit and have a 
record of the pressure drop measured during the performance test in 
accordance with Sec. 63.7323(d).
    (b) For each new or existing by-product coke oven battery subject to 
the opacity limit for stacks in Sec. 63.7296(a), you have demonstrated 
initial compliance if the daily average opacity, as measured according 
to the performance test procedures in Sec. 63.7324(b), is no more than 
15 percent for a battery on a normal coking cycle or 20 percent for a 
battery on batterywide extended coking.
    (c) For each new or existing by-product coke oven battery subject to 
the TDS limit or constituent limits for quench water in Sec. 
63.7295(a)(1),
    (1) You have demonstrated initial compliance with the TDS limit in 
Sec. 63.7295(a)(1)(i) if the TDS concentration, as measured according 
to the performance test procedures in Sec. 63.7325(a), does not exceed 
1,100 mg/L.
    (2) You have demonstrated initial compliance with the constituent 
limit in Sec. 63.7295(a)(1)(ii) if:
    (i) You have established a site-specific constituent limit according 
to the procedures in Sec. 63.7325(b); and
    (ii) The sum of the constituent concentrations, as measured 
according to the performance test procedures in Sec. 63.7325(c), is 
less than or equal to the site-specific limit.

[[Page 88]]

    (d) For each by-product coke oven battery stack subject to an 
opacity limit in Sec. 63.7296(a) and each by-product coke oven battery 
subject to the requirements for quench water in Sec. 63.7295(a)(1), you 
must submit a notification of compliance status containing the results 
of the COMS performance test for battery stacks and the quench water 
performance test (TDS or constituent limit) according to Sec. 
63.7340(e)(1). For each particulate matter emission limitation that 
applies to you, you must submit a notification of compliance status 
containing the results of the performance test according to Sec. 
63.7340(e)(2).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]



Sec. 63.7327  How do I demonstrate initial compliance with the work practice 

standards that apply to me?

    (a) For each by-product coke oven battery with vertical flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec. 63.7291(a), you have demonstrated initial compliance if you 
certify in your notification of compliance status that you will meet 
each of the work practice requirements beginning no later than the 
compliance date that is specified in Sec. 63.7283.
    (b) For each by-product coke oven battery with horizontal flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec. 63.7292(a), you have demonstrated initial compliance if you have 
met the requirements of paragraphs (b)(1) and (2) of this section:
    (1) You have prepared and submitted a written plan and supporting 
documentation establishing appropriate minimum flue temperatures for 
different coking times and the lowest acceptable temperature to the 
Administrator (or delegated authority) for review and approval; and
    (2) You certify in your notification of compliance status that you 
will meet each of the work practice requirements beginning no later than 
the compliance date that is specified in Sec. 63.7283.
    (c) For each non-recovery coke oven battery subject to the work 
practice standards for fugitive pushing emissions in Sec. 63.7293(a), 
you have demonstrated initial compliance if you certify in your 
notification of compliance status that you will meet each of the work 
practice requirements beginning no later than the compliance date that 
is specified in Sec. 63.7283.
    (d) For each by-product coke oven battery subject to the work 
practice standards for soaking in Sec. 63.7294, you have demonstrated 
initial compliance if you have met the requirements of paragraphs (d)(1) 
and (2) of this section:
    (1) You have prepared and submitted a written work practice plan in 
accordance with Sec. 63.7294(a); and
    (2) You certify in your notification of compliance status that you 
will meet each of the work practice requirements beginning no later than 
the compliance date that is specified in Sec. 63.7283.
    (e) For each coke oven battery, you have demonstrated initial 
compliance with the work practice standards for quenching in Sec. 
63.7295(b) if you certify in your notification of compliance status that 
you have met the requirements of paragraphs (e)(1) and (2) of this 
section:
    (1) You have installed the required equipment in each quench tower; 
and
    (2) You will meet each of the work practice requirements beginning 
no later than the compliance date that is specified in Sec. 63.7283.
    (f) For each work practice standard that applies to you, you must 
submit a notification of compliance status according to the requirements 
in Sec. 63.7340(e)(1).



Sec. 63.7328  How do I demonstrate initial compliance with the operation and 

maintenance requirements that apply to me?

    You have demonstrated initial compliance if you certify in your 
notification of compliance status that you have met the requirements of 
paragraphs (a) through (d) of this section:
    (a) You have prepared the operation and maintenance plans according 
to the requirements in Sec. 63.7300(b) and (c);
    (b) You will operate each by-product coke oven battery and each 
capture system and control device applied to pushing emissions from a 
coke oven battery according to the procedures in the plans beginning no 
later than the

[[Page 89]]

compliance date that is specified in Sec. 63.7283;
    (c) You have prepared a site-specific monitoring plan according to 
the requirements in Sec. 63.7331(b); and
    (d) You submit a notification of compliance status according to the 
requirements in Sec. 63.7340(e).

                   Continuous Compliance Requirements



Sec. 63.7330  What are my monitoring requirements?

    (a) For each baghouse applied to pushing emissions from a coke oven 
battery, you must at all times monitor the relative change in 
particulate matter loadings using a bag leak detection system according 
to the requirements in Sec. 63.7331(a) and conduct inspections at their 
specified frequency according to the requirements in paragraphs (a)(1) 
through (8) of this section.
    (1) Monitor the pressure drop across each baghouse cell each day to 
ensure pressure drop is within the normal operating range identified in 
the manual;
    (2) Confirm that dust is being removed from hoppers through weekly 
visual inspections or equivalent means of ensuring the proper 
functioning of removal mechanisms;
    (3) Check the compressed air supply for pulse-jet baghouses each 
day;
    (4) Monitor cleaning cycles to ensure proper operation using an 
appropriate methodology;
    (5) Check bag cleaning mechanisms for proper functioning through 
monthly visual inspection or equivalent means;
    (6) Make monthly visual checks of bag tension on reverse air and 
shaker-type baghouses to ensure that bags are not kinked (kneed or bent) 
or laying on their sides. You do not have to make this check for shaker-
type baghouses using self-tensioning (spring-loaded) devices;
    (7) Confirm the physical integrity of the baghouse through quarterly 
visual inspections of the baghouse interior for air leaks; and
    (8) Inspect fans for wear, material buildup, and corrosion through 
quarterly visual inspections, vibration detectors, or equivalent means.
    (b) For each venturi scrubber applied to pushing emissions, you must 
at all times monitor the pressure drop and water flow rate using a CPMS 
according to the requirements in Sec. 63.7331(e).
    (c) For each hot water scrubber applied to pushing emissions, you 
must at all times monitor the water pressure and temperature using a 
CPMS according to the requirements in Sec. 63.7331(f).
    (d) For each capture system applied to pushing emissions, you must 
at all times monitor the volumetric flow rate according to the 
requirements in Sec. 63.7331(g), the fan motor amperes according to the 
requirements in Sec. 63.7331(h), or the static pressure or the fan RPM 
according to the requirements in Sec. 63.7331(i).
    (e) For each by-product coke oven battery, you must monitor at all 
times the opacity of emissions exiting each stack using a COMS according 
to the requirements in Sec. 63.7331(j).
    (f) For each multicyclone applied to pushing emissions, you must 
monitor at all times the pressure drop using a CPMS according to the 
requirements in Sec. 63.7331(k).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]



Sec. 63.7331  What are the installation, operation, and maintenance 

requirements for my monitors?

    (a) For each baghouse applied to pushing emissions, you must 
install, operate, and maintain each bag leak detection system according 
to the requirements in paragraphs (a)(1) through (7) of this section.
    (1) The system must be certified by the manufacturer to be capable 
of detecting emissions of particulate matter at concentrations of 10 
milligrams per actual cubic meter (0.0044 grains per actual cubic foot) 
or less;
    (2) The system must provide output of relative changes in 
particulate matter loadings;
    (3) The system must be equipped with an alarm that will sound when 
an increase in relative particulate loadings is detected over a preset 
level. The alarm must be located such that it can be heard by the 
appropriate plant personnel;
    (4) Each system that works based on the triboelectric effect must be 
installed, operated, and maintained in a manner consistent with the 
guidance

[[Page 90]]

document, ``Fabric Filter Bag Leak Detection Guidance'' (EPA-454/R-98-
015, September 1997). You may install, operate, and maintain other types 
of bag leak detection systems in a manner consistent with the 
manufacturer's written specifications and recommendations;
    (5) To make the initial adjustment of the system, establish the 
baseline output by adjusting the sensitivity (range) and the averaging 
period of the device. Then, establish the alarm set points and the alarm 
delay time;
    (6) Following the initial adjustment, do not adjust the sensitivity 
or range, averaging period, alarm set points, or alarm delay time, 
except as detailed in your operation and maintenance plan. Do not 
increase the sensitivity by more than 100 percent or decrease the 
sensitivity by more than 50 percent over a 365-day period unless a 
responsible official certifies, in writing, that the baghouse has been 
inspected and found to be in good operating condition; and
    (7) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (b) For each CPMS required in Sec. 63.7330, you must develop and 
make available for inspection upon request by the permitting authority a 
site-specific monitoring plan that addresses the requirements in 
paragraphs (b)(1) through (6) of this section.
    (1) Installation of the CPMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the measurement is representative of control of the exhaust emissions 
(e.g., on or downstream of the last control device);
    (2) Performance and equipment specifications for the sample 
interface, the parametric signal analyzer, and the data collection and 
reduction system;
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations);
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. Sec. 63.8(c)(1), (3), (4)(ii), (7), 
and (8);
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 63.8(d); and
    (6) Ongoing recordkeeping and reporting procedures in accordance the 
general requirements of Sec. Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (c) You must conduct a performance evaluation of each CPMS in 
accordance with your site-specific monitoring plan.
    (d) You must operate and maintain the CPMS in continuous operation 
according to the site-specific monitoring plan.
    (e) For each venturi scrubber applied to pushing emissions, you must 
install, operate, and maintain CPMS to measure and record the pressure 
drop across the scrubber and scrubber water flow rate during each push 
according to the requirements in paragraphs (b) through (d) of this 
section except as specified in paragraphs (e)(1) through (3) of this 
section.
    (1) Each CPMS must complete a measurement at least once per push;
    (2) Each CPMS must produce valid data for all pushes; and
    (3) Each CPMS must determine and record the daily (24-hour) average 
of all recorded readings.
    (f) For each hot water scrubber applied to pushing emissions, you 
must install, operate, and maintain CPMS to measure and record the water 
pressure and temperature during each push according to the requirements 
in paragraphs (b) through (d) of this section, except as specified in 
paragraphs (e)(1) through (3) of this section.
    (g) If you elect the operating limit in Sec. 63.7290(b)(3) for a 
capture system applied to pushing emissions, you must install, operate, 
and maintain a device to measure the total volumetric flow rate at the 
inlet of the control device.
    (h) If you elect the operating limit in Sec. 63.7290(b)(3)(i) for a 
capture system applied to pushing emissions, you must install, operate, 
and maintain a device to measure the fan motor amperes.
    (i) If you elect the operating limit in Sec. 63.7290(b)(3)(ii) for 
a capture system applied to pushing emissions, you must install, operate 
and maintain a device to measure static pressure at the inlet of the 
control device or the fan RPM.
    (j) For each by-product coke oven battery, you must install, 
operate, and maintain a COMS to measure and record the opacity of 
emissions exiting

[[Page 91]]

each stack according to the requirements in paragraphs (j)(1) through 
(5) of this section.
    (1) You must install, operate, and maintain each COMS according to 
the requirements in Sec. 63.8(e) and Performance Specification 1 in 40 
CFR part 60, appendix B. Identify periods the COMS is out-of-control, 
including any periods that the COMS fails to pass a daily calibration 
drift assessment, quarterly performance audit, or annual zero alignment 
audit.
    (2) You must conduct a performance evaluation of each COMS according 
to the requirements in Sec. 63.8 and Performance Specification 1 in 
appendix B to 40 CFR part 60;
    (3) You must develop and implement a quality control program for 
operating and maintaining each COMS according to the requirements in 
Sec. 63.8(d). At minimum, the quality control program must include a 
daily calibration drift assessment, quarterly performance audit, and an 
annual zero alignment audit of each COMS;
    (4) 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. You must reduce the COMS 
data as specified in Sec. 63.8(g)(2).
    (5) You must determine and record the hourly and daily (24-hour) 
average opacity according to the procedures in Sec. 63.7324(b) using 
all the 6-minute averages collected for periods during which the COMS is 
not out-of-control.
    (k) For each multicyclone applied to pushing emissions, you must 
install, operate, and maintain CPMS to measure and record the pressure 
drop across each multicyclone during each push according to the 
requirements in paragraphs (b) through (d) of this section except as 
specified in paragraphs (e)(1) through (3) of this section.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]



Sec. 63.7332  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times the affected source is operating.
    (b) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels, or in fulfilling a minimum data availability requirement, if 
applicable. You must use all the data collected during all other periods 
in assessing compliance. A monitoring malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitor to provide 
valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.



Sec. 63.7333  How do I demonstrate continuous compliance with the emission 

limitations that apply to me?

    (a) For each control device applied to pushing emissions and subject 
to the emission limit in Sec. 63.7290(a), you must demonstrate 
continuous compliance by meeting the requirements in paragraphs (a)(1) 
and (2) of this section:
    (1) Maintaining emissions of particulate matter at or below the 
applicable limits in paragraphs Sec. 63.7290(a)(1) through (4); and
    (2) Conducting subsequent performance tests to demonstrate 
continuous compliance no less frequently than twice during each term of 
your title V operating permit (at mid-term and renewal).
    (b) For each venturi scrubber applied to pushing emissions and 
subject to the operating limits in Sec. 63.7290(b)(1), you must 
demonstrate continuous compliance by meeting the requirements in 
paragraphs (b)(1) through (3) of this section.
    (1) Maintaining the daily average pressure drop and scrubber water 
flow rate at levels no lower than those established during the initial 
or subsequent performance test.
    (2) Operating and maintaining each CPMS according to Sec. 
63.7331(b) and recording all information needed to document conformance 
with these requirements.

[[Page 92]]

    (3) Collecting and reducing monitoring data for pressure drop and 
scrubber water flow rate according to Sec. 63.7331(e)(1) through (3).
    (c) For each hot water scrubber applied to pushing emissions and 
subject to the operating limits in Sec. 63.7290(b)(2), you must 
demonstrate continuous compliance by meeting the requirements in 
paragraphs (c)(1) through (3) of this section.
    (1) Maintaining the daily average water pressure and temperature at 
levels no lower than those established during the initial or subsequent 
performance test.
    (2) Operating and maintaining each CPMS according to Sec. 
63.7331(b) and recording all information needed to document conformance 
with these requirements.
    (3) Collecting and reducing monitoring data for water pressure and 
temperature according to Sec. 63.7331(f).
    (d) For each capture system applied to pushing emissions and subject 
to the operating limit in Sec. 63.7290(b)(3), you must demonstrate 
continuous compliance by meeting the requirements in paragraph (d)(1), 
(2), or (3) of this section:
    (1) If you elect the operating limit for volumetric flow rate in 
Sec. 63.7290(b)(3):
    (i) Maintaining the daily average volumetric flow rate at the inlet 
of the control device at or above the minimum level established during 
the initial or subsequent performance test; and
    (ii) Checking the volumetric flow rate at least every 8 hours to 
verify the daily average is at or above the minimum level established 
during the initial or subsequent performance test and recording the 
results of each check.
    (2) If you elect the operating limit for fan motor amperes in Sec. 
63.7290(b)(3)(i):
    (i) Maintaining the daily average fan motor amperages at or above 
the minimum level established during the initial or subsequent 
performance test; and
    (ii) Checking the fan motor amperage at least every 8 hours to 
verify the daily average is at or above the minimum level established 
during the initial or subsequent performance test and recording the 
results of each check.
    (3) If you elect the operating limit for static pressure or fan RPM 
in Sec. 63.7290(b)(3)(ii):
    (i) Maintaining the daily average static pressure at the inlet to 
the control device at an equal or greater vacuum than established during 
the initial or subsequent performance test or the daily average fan RPM 
at or above the minimum level established during the initial or 
subsequent performance test; and
    (ii) Checking the static pressure or fan RPM at least every 8 hours 
to verify the daily average static pressure at the inlet to the control 
device is at an equal or greater vacuum than established during the 
initial or subsequent performance test or the daily average fan RPM is 
at or above the minimum level established during the initial or 
subsequent performance test and recording the results of each check.
    (e) Beginning on the first day compliance is required under Sec. 
63.7283, you must demonstrate continuous compliance for each by-product 
coke oven battery subject to the opacity limit for stacks in Sec. 
63.7296(a) by meeting the requirements in paragraphs (e)(1) and (2) of 
this section:
    (1) Maintaining the daily average opacity at or below 15 percent for 
a battery on a normal coking cycle or 20 percent for a battery on 
batterywide extended coking; and
    (2) Operating and maintaining a COMS and collecting and reducing the 
COMS data according to Sec. 63.7331(j).
    (f) Beginning on the first day compliance is required under Sec. 
63.7283, you must demonstrate continuous compliance with the TDS limit 
for quenching in Sec. 63.7295(a)(1)(i) by meeting the requirements in 
paragraphs (f)(1) and (2) of this section:
    (1) Maintaining the TDS content of the water used to quench hot coke 
at 1,100 mg/L or less; and
    (2) Determining the TDS content of the quench water at least weekly 
according to the requirements in Sec. 63.7325(a) and recording the 
sample results.
    (g) Beginning on the first day compliance is required under Sec. 
63.7283, you

[[Page 93]]

must demonstrate continuous compliance with the constituent limit for 
quenching in Sec. 63.7295(a)(1)(ii) by meeting the requirements in 
paragraphs (g)(1) and (2) of this section:
    (1) Maintaining the sum of the concentrations of benzene, 
benzo(a)pyrene, and naphthalene in the water used to quench hot coke at 
levels less than or equal to the site-specific limit approved by the 
permitting authority; and
    (2) Determining the sum of the constituent concentrations at least 
monthly according to the requirements in Sec. 63.7325(c) and recording 
the sample results.
    (h) For each multicyclone applied to pushing emissions and subject 
to the operating limit in Sec. 63.7290(b)(4), you must demonstrate 
compliance by meeting the requirements in paragraphs (h)(1) through (3) 
of this section.
    (1) Maintaining the daily average pressure drop at a level at or 
below the level established during the initial or subsequent performance 
test.
    (2) Operating and maintaining each CPMS according to Sec. 
63.7331(k) and recording all information needed to document conformance 
with these requirements.
    (3) Collecting and reducing monitoring data for pressure drop 
according to Sec. 63.7331(e)(1) through (3).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]



Sec. 63.7334  How do I demonstrate continuous compliance with the work 

practice standards that apply to me?

    (a) For each by-product coke oven battery with vertical flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec. 63.7291(a), you must demonstrate continuous compliance according 
to the requirements of paragraphs (a)(1) through (8) of this section:
    (1) Observe and record the opacity of fugitive emissions for four 
consecutive pushes per operating day, except you may make fewer or non-
consecutive observations as permitted by Sec. 63.7291(a)(3). Maintain 
records of the pushing schedule for each oven and records indicating the 
legitimate operational reason for any change in the pushing schedule 
according to Sec. 63.7291(a)(4).
    (2) Observe and record the opacity of fugitive emissions from each 
oven in a battery at least once every 90 days. If an oven cannot be 
observed during a 90-day period, observe and record the opacity of the 
first push of that oven following the close of the 90-day period that 
can be read in accordance with the procedures in paragraphs (a)(1) 
through (8) of this section.
    (3) Make all observations and calculations for opacity observations 
of fugitive pushing emissions in accordance with Method 9 in appendix A 
to 40 CFR part 60 using a Method 9 certified observer unless you have an 
approved alternative procedure under paragraph (a)(7) of this section.
    (4) Record pushing opacity observations at 15-second intervals as 
required in section 2.4 of Method 9 (appendix A to 40 CFR part 60). The 
requirement in section 2.4 of Method 9 for a minimum of 24 observations 
does not apply, and the data reduction requirements in section 2.5 of 
Method 9 do not apply. The requirement in Sec. 63.6(h)(5)(ii)(B) for 
obtaining at least 3 hours of observations (thirty 6-minute averages) to 
demonstrate initial compliance does not apply.
    (5) If fewer than six but at least four 15-second observations can 
be made, use the average of the total number of observations to 
calculate average opacity for the push. Missing one or more observations 
during the push (e.g., as the quench car passes behind a building) does 
not invalidate the observations before or after the interference for 
that push. However, a minimum of four 15-second readings must be made 
for a valid observation.
    (6) Begin observations for a push at the first detectable movement 
of the coke mass. End observations of a push when the quench car enters 
the quench tower.
    (i) For a battery without a cokeside shed, observe fugitive pushing 
emissions from a position at least 10 meters from the quench car that 
provides an unobstructed view and avoids interferences from the topside 
of the battery. This may require the observer to be positioned at an 
angle to the quench car rather than perpendicular to it.

[[Page 94]]

Typical interferences to avoid include emissions from open standpipes 
and charging. Observe the opacity of emissions above the battery top 
with the sky as the background where possible. Record the oven number of 
any push not observed because of obstructions or interferences.
    (ii) For a battery with a cokeside shed, the observer must be in a 
position that provides an unobstructed view and avoids interferences 
from the topside of the battery. Typical interferences to avoid include 
emissions from open standpipes and charging. Observations must include 
any fugitive emissions that escape from the top of the shed, from the 
ends of the shed, or from the area where the shed is joined to the 
battery. If the observer does not have a clear view to identify when a 
push starts or ends, a second person can be positioned to signal the 
start or end of the push and notify the observer when to start or end 
the observations. Radio communications with other plant personnel (e.g., 
pushing ram operator or quench car operator) may also serve to notify 
the observer of the start or end of a push. Record the oven number of 
any push not observed because of obstructions or interferences.
    (iii) You may reposition after the push to observe emissions during 
travel if necessary.
    (7) If it is infeasible to implement the procedures in paragraphs 
(a)(1) through (6) of this section for an oven due to physical 
obstructions, nighttime pushes, or other reasons, you may apply to your 
permitting authority for permission to use an alternative procedure. The 
application must provide a detailed explanation of why it is infeasible 
to use the procedures in paragraphs (a)(1) through (6) of this section, 
identify the oven and battery numbers, and describe the alternative 
procedure. An alternative procedure must identify whether the coke in 
that oven is not completely coked, either before, during, or after an 
oven is pushed.
    (8) For each oven observed that exceeds an opacity of 30 percent for 
any short battery or 35 percent for any tall battery, you must take 
corrective action and/or increase the coking time in accordance with 
Sec. 63.7291(a). Maintain records documenting conformance with the 
requirements in Sec. 63.7291(a).
    (b) For each by-product coke oven battery with horizontal flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec. 63.7292(a), you must demonstrate continuous compliance by having 
met the requirements of paragraphs (b)(1) through (3) of this section:
    (1) Measuring and recording the temperature of all flues on two 
ovens per day within 2 hours before the oven's scheduled pushing time 
and ensuring that the temperature of each oven is measured and recorded 
at least once every month;
    (2) Recording the time each oven is charged and pushed and 
calculating and recording the net coking time for each oven; and
    (3) Increasing the coking time for each oven that falls below the 
minimum flue temperature trigger established for that oven's coking time 
in the written plan required in Sec. 63.7292(a)(1), assigning the oven 
to the oven-directed program, and recording all relevant information 
according to the requirements in Sec. 63.7292(a)(4) including, but not 
limited to, daily pushing schedules, diagnostic procedures, corrective 
actions, and oven repairs.
    (c) For each non-recovery coke oven battery subject to the work 
practice standards in Sec. 63.7293(a), you must demonstrate continuous 
compliance by maintaining records that document each visual inspection 
of an oven prior to pushing and that the oven was not pushed unless 
there was no smoke in the open space above the coke bed and there was an 
unobstructed view of the door on the opposite side of the oven.
    (d) For each by-product coke oven battery subject to the work 
practice standard for soaking in Sec. 63.7294(a), you must demonstrate 
continuous compliance by maintaining records that document conformance 
with requirements in Sec. 63.7294(a)(1) through (5).
    (e) For each coke oven battery subject to the work practice standard 
for quenching in Sec. 63.7295(b), you must demonstrate continuous 
compliance according to the requirements of paragraphs (e)(1) through 
(3) of this section:
    (1) Maintaining baffles in each quench tower such that no more than 
5

[[Page 95]]

percent of the cross-sectional area of the tower is uncovered or open to 
the sky as required in Sec. 63.7295(b)(1);
    (2) Maintaining records that document conformance with the washing, 
inspection, and repair requirements in Sec. 63.7295(b)(2), including 
records of the ambient temperature on any day that the baffles were not 
washed; and
    (3) Maintaining records of the source of makeup water to document 
conformance with the requirement for acceptable makeup water in Sec. 
63.7295(a)(2).



Sec. 63.7335  How do I demonstrate continuous compliance with the operation 

and maintenance requirements that apply to me?

    (a) For each by-product coke oven battery, you must demonstrate 
continuous compliance with the operation and maintenance requirements in 
Sec. 63.7300(b) by adhering at all times to the plan requirements and 
recording all information needed to document conformance.
    (b) For each coke oven battery with a capture system or control 
device applied to pushing emissions, you must demonstrate continuous 
compliance with the operation and maintenance requirements in Sec. 
63.7300(c) by meeting the requirements of paragraphs (b)(1) through (3) 
of this section:
    (1) Making monthly inspections of capture systems according to Sec. 
63.7300(c)(1) and recording all information needed to document 
conformance with these requirements;
    (2) Performing preventative maintenance for each control device 
according to Sec. 63.7300(c)(2) and recording all information needed to 
document conformance with these requirements; and
    (3) Initiating and completing corrective action for a bag leak 
detection system alarm according to Sec. 63.7300(c)(3) and recording 
all information needed to document conformance with these requirements. 
This includes records of the times the bag leak detection system alarm 
sounds, and for each valid alarm, the time you initiated corrective 
action, the corrective action(s) taken, and the date on which corrective 
action is completed.
    (c) To demonstrate continuous compliance with the operation and 
maintenance requirements for a baghouse applied to pushing emissions 
from a coke oven battery in Sec. 63.7331(a), you must inspect and 
maintain each baghouse according to the requirements in Sec. 
63.7331(a)(1) through (8) and record all information needed to document 
conformance with these requirements. If you increase or decrease the 
sensitivity of the bag leak detection system beyond the limits specified 
in Sec. 63.7331(a)(6), you must include a copy of the required written 
certification by a responsible official in the next semiannual 
compliance report.
    (d) You must maintain a current copy of the operation and 
maintenance plans required in Sec. 63.7300(b) and (c) onsite and 
available for inspection upon request. You must keep the plans for the 
life of the affected source or until the affected source is no longer 
subject to the requirements of this subpart.



Sec. 63.7336  What other requirements must I meet to demonstrate continuous 

compliance?

    (a) Deviations. You must report each instance in which you did not 
meet each emission limitation in this subpart that applies to you. This 
includes periods of startup, shutdown, and malfunction. You must also 
report each instance in which you did not meet each work practice 
standard or operation and maintenance requirement in this subpart that 
applies to you. These instances are deviations from the emission 
limitations (including operating limits), work practice standards, and 
operation and maintenance requirements in this subpart. These deviations 
must be reported according to the requirements in Sec. 63.7341.
    (b) Startup, shutdowns, and malfunctions. (1) Consistent with 
Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period 
of startup, shutdown, or malfunction are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance with Sec. 63.6(e)(1).
    (2) The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions in Sec. 63.6(e).

[68 FR 18025, Apr. 14, 2003, as amended at 71 FR 20467, Apr. 20, 2006]

[[Page 96]]

                   Notification, Reports, and Records



Sec. 63.7340  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(e) and (f)(4), and 63.9(b) 
through (h) that apply to you by the specified dates.
    (b) As specified in Sec. 63.9(b)(2), if you startup your affected 
source before April 14, 2003, you must submit your initial notification 
no later than August 12, 2003.
    (c) As specified in Sec. 63.9(b)(3), if you startup your new 
affected source on or after April 14, 2003, you must submit your initial 
notification no later than 120 calendar days after you become subject to 
this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test, opacity 
observation, or other initial compliance demonstration, you must submit 
a notification of compliance status according to Sec. 63.9(h)(2)(ii).
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the notification of compliance 
status before the close of business on the 30th calendar day following 
the completion of the initial compliance demonstration.
    (2) For each initial compliance demonstration that does include a 
performance test, you must submit the notification of compliance status, 
including the performance test results, before the close of business on 
the 60th calendar day following completion of the performance test 
according to Sec. 63.10(d)(2).
    (f) For each by-product coke oven battery with horizontal flues, you 
must notify the Administrator (or delegated authority) of the date on 
which the study of flue temperatures required by Sec. 63.7292(a)(3) 
will be initiated. You must submit this notification no later than 7 
days prior to the date you initiate the study.



Sec. 63.7341  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit quarterly compliance 
reports for battery stacks and semiannual compliance reports for all 
other affected sources to your permitting authority according to the 
requirements in paragraphs (a)(1) through (4) of this section.
    (1) The first quarterly compliance report for battery stacks must 
cover the period beginning on the compliance date that is specified for 
your affected source in Sec. 63.7283 and ending on the last date of the 
third calendar month. Each subsequent compliance report must cover the 
next calendar quarter.
    (2) The first semiannual compliance report must cover the period 
beginning on the compliance date that is specified for your affected 
source in Sec. 63.7283 and ending on June 30 or December 31, whichever 
date comes first after the compliance date that is specified for your 
affected source. Each subsequent compliance report must cover the 
semiannual reporting period from January 1 through June 30 or the 
semiannual reporting period from July 1 through December 31.
    (3) All quarterly compliance reports for battery stacks must be 
postmarked or delivered no later than one calendar month following the 
end of the quarterly reporting period. All semiannual compliance reports 
must be postmarked or delivered no later than July 31 or January 31, 
whichever date is the first date following the end of the semiannual 
reporting period.
    (4) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (a)(1) through (3) of 
this section.
    (b) Quarterly compliance report contents. Each quarterly report must 
provide information on compliance with the emission limitations for 
battery

[[Page 97]]

stacks in Sec. 63.7296. The reports must include the information in 
paragraphs (c)(1) through (3), and as applicable, paragraphs (c)(4) 
through (8) of this section.
    (c) Semiannual compliance report contents. Each compliance report 
must provide information on compliance with the emission limitations, 
work practice standards, and operation and maintenance requirements for 
all affected sources except battery stacks. The reports must include the 
information in paragraphs (c)(1) through (3) of this section, and as 
applicable, paragraphs (c)(4) through (8) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with the official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information in Sec. 63.10(d)(5)(i).
    (5) If there were no deviations from the continuous compliance 
requirements in Sec. 63.7333(e) for battery stacks, a statement that 
there were no deviations from the emission limitations during the 
reporting period. If there were no deviations from the continuous 
compliance requirements in Sec. Sec. 63.7333 through 63.7335 that apply 
to you (for all affected sources other than battery stacks), a statement 
that there were no deviations from the emission limitations, work 
practice standards, or operation and maintenance requirements during the 
reporting period.
    (6) If there were no periods during which a continuous monitoring 
system (including COMS, continuous emission monitoring system (CEMS), or 
CPMS) was out-of-control as specified in Sec. 63.8(c)(7), a statement 
that there were no periods during which a continuous monitoring system 
was out-of-control during the reporting period.
    (7) For each deviation from an emission limitation in this subpart 
(including quench water limits) and for each deviation from the 
requirements for work practice standards in this subpart that occurs at 
an affected source where you are not using a continuous monitoring 
system (including a COMS, CEMS, or CPMS) to comply with the emission 
limitations in this subpart, the compliance report must contain the 
information in paragraphs (c)(4) and (7)(i) and (ii) of this section. 
This includes periods of startup, shutdown, and malfunction.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable) as applicable and the 
corrective action taken.
    (8) For each deviation from an emission limitation occurring at an 
affected source where you are using a continuous monitoring system 
(including COMS, CEMS, or CPMS) to comply with the emission limitation 
in this subpart, you must include the information in paragraphs (c)(4) 
and (8)(i) through (xii) of this section. This includes periods of 
startup, shutdown, and malfunction.
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time that each continuous monitoring system 
(including COMS, CEMS, or CPMS) was inoperative, except for zero (low-
level) and high-level checks.
    (iii) The date, time, and duration that each continuous monitoring 
system (including COMS, CEMS, or CPMS) was out-of-control, including the 
information in Sec. 63.8(c)(8).
    (iv) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (v) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.

[[Page 98]]

    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) An identification of each HAP that was monitored at the 
affected source.
    (ix) A brief description of the process units.
    (x) A brief description of the continuous monitoring system.
    (xi) The date of the latest continuous monitoring system 
certification or audit.
    (xii) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (d) Immediate startup, shutdown, and malfunction report. If you had 
a startup, shutdown, or malfunction during the semiannual reporting 
period that was not consistent with your startup, shutdown, and 
malfunction plan, you must submit an immediate startup, shutdown, and 
malfunction report according to the requirements in Sec. 
63.10(d)(5)(ii).
    (e) Part 70 monitoring report. If you have obtained a title V 
operating permit for an affected source pursuant to 40 CFR part 70 or 40 
CFR part 71, you must report all deviations as defined in this subpart 
in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report for an affected source along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all the 
required information concerning deviations from any emission limitation 
or work practice standard in this subpart, submission of the compliance 
report satisfies any obligation to report the same deviations in the 
semiannual monitoring report. However, submission of a compliance report 
does not otherwise affect any obligation you may have to report 
deviations from permit requirements to your permitting authority.



Sec. 63.7342  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or notification of compliance status that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests, performance evaluations, and 
opacity observations as required in Sec. 63.10(b)(2)(viii).
    (b) For each COMS or CEMS, you must keep the records specified in 
paragraphs (b)(1) through (4) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi).
    (2) Monitoring data for COMS during a performance evaluation as 
required in Sec. 63.6(h)(7)(i) and (ii).
    (3) Previous (that is, superceded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records in Sec. 63.6(h)(6) for visual 
observations.
    (d) You must keep the records required in Sec. Sec. 63.7333 through 
63.7335 to show continuous compliance with each emission limitation, 
work practice standard, and operation and maintenance requirement that 
applies to you.



Sec. 63.7343  In what form and how long must I keep my records?

    (a) You must keep your records in a form suitable and readily 
available for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or

[[Page 99]]

record, according to Sec. 63.10(b)(1). You can keep the records offsite 
for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.7350  What parts of the General Provisions apply to me?

    Table 1 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.7351  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the United 
States Environmental Protection Agency (U.S. EPA), or a delegated 
authority such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency has the authority to implement and enforce this 
subpart. You should contact your U.S. EPA Regional Office to find out if 
this subpart is delegated to your 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 the U.S. EPA and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities in paragraphs (c)(1) through (6) of this section 
will not be delegated to State, local, or tribal agencies.
    (1) Approval of alternatives to work practice standards for fugitive 
pushing emissions in Sec. 63.7291(a) for a by-product coke oven battery 
with vertical flues, fugitive pushing emissions in Sec. 63.7292(a) for 
a by-product coke oven battery with horizontal flues, fugitive pushing 
emissions in Sec. 63.7293 for a non-recovery coke oven battery, soaking 
for a by-product coke oven battery in Sec. 63.7294(a), and quenching 
for a coke oven battery in Sec. 63.7295(b) under Sec. 63.6(g).
    (2) Approval of alternative opacity emission limitations for a by-
product coke oven battery under Sec. 63.6(h)(9).
    (3) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90, except for 
alternative procedures in Sec. 63.7334(a)(7).
    (4) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.
    (6) Approval of the work practice plan for by-product coke oven 
batteries with horizontal flues submitted under Sec. 63.7292(a)(1).



Sec. 63.7352  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act (CAA), 
in Sec. 63.2, and in this section as follows:
    Acceptable makeup water means surface water from a river, lake, or 
stream; water meeting drinking water standards; storm water runoff and 
production area clean up water except for water from the by-product 
recovery plant area; process wastewater treated to meet effluent 
limitations guidelines in 40 CFR part 420; water from any of these 
sources that has been used only for non-contact cooling or in water 
seals; or water from scrubbers used to control pushing emissions.
    Backup quench station means a quenching device that is used for less 
than 5 percent of the quenches from any single coke oven battery in the 
12-month period from July 1 to June 30.
    Baffles means an apparatus comprised of obstructions for checking or 
deflecting the flow of gases. Baffles are installed in a quench tower to 
remove droplets of water and particles from the rising vapors by 
providing a point of impact. Baffles may be installed either inside or 
on top of quench towers and are typically constructed of treated wood, 
steel, or plastic.
    Battery stack means the stack that is the point of discharge to the 
atmosphere of the combustion gases from a battery's underfiring system.
    Batterywide extended coking means increasing the average coking time 
for all ovens in the coke oven battery by 25 percent or more over the 
manufacturer's specified design rate.
    By-product coke oven battery means a group of ovens connected by 
common walls, where coal undergoes destructive distillation under 
positive pressure to

[[Page 100]]

produce coke and coke oven gas from which by-products are recovered.
    By-product recovery plant area means that area of the coke plant 
where process units subject to subpart L in part 61 are located.
    Coke oven battery means a group of ovens connected by common walls, 
where coal undergoes destructive distillation to produce coke. A coke 
oven battery includes by-product and non-recovery processes.
    Coke plant means a facility that produces coke from coal in either a 
by-product coke oven battery or a non-recovery coke oven battery.
    Cokeside shed means a structure used to capture pushing emissions 
that encloses the cokeside of the battery and ventilates the emissions 
to a control device.
    Coking time means the time interval that starts when an oven is 
charged with coal and ends when the oven is pushed.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including operating limits) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation or work practice standard 
in this subpart during startup, shutdown, or malfunction, regardless of 
whether or not such failure is permitted by this subpart.
    Emission limitation means any emission limit, opacity limit, or 
operating limit.
    Four consecutive pushes means four pushes observed successively.
    Fugitive pushing emissions means emissions from pushing that are not 
collected by a capture system.
    Horizontal flue means a type of coke oven heating system used on 
Semet-Solvay batteries where the heating flues run horizontally from one 
end of the oven to the other end, and the flues are not shared with 
adjacent ovens.
    Hot water scrubber means a mobile scrubber used to control pushing 
emissions through the creation of an induced draft formed by the 
expansion of pressurized hot water through a nozzle.
    Increased coking time means increasing the charge-to-push time for 
an individual oven.
    Non-recovery coke oven battery means a group of ovens connected by 
common walls and operated as a unit, where coal undergoes destructive 
distillation under negative pressure to produce coke, and which is 
designed for the combustion of the coke oven gas from which by-products 
are not recovered.
    Oven means a chamber in the coke oven battery in which coal 
undergoes destructive distillation to produce coke.
    Pushing means the process of removing the coke from the oven. 
Pushing begins with the first detectable movement of the coke mass and 
ends when the quench car enters the quench tower.
    Quenching means the wet process of cooling (wet quenching) the hot 
incandescent coke by direct contact with water that begins when the 
quench car enters the quench tower and ends when the quench car exits 
the quench tower.
    Quench tower means the structure in which hot incandescent coke in 
the quench car is deluged or quenched with water.
    Remove from service means that an oven is not charged with coal and 
is not used for coking. When removed from service, the oven may remain 
at the operating temperature or it may be cooled down for repairs.
    Responsible official means responsible official as defined in Sec. 
63.2.
    Short battery means a by-product coke oven battery with ovens less 
than five meters in height.
    Soaking means that period in the coking cycle that starts when an 
oven is dampered off the collecting main and vented to the atmosphere 
through an open standpipe prior to pushing and ends when the coke begins 
to be pushed from the oven.
    Soaking emissions means the discharge from an open standpipe during 
soaking

[[Page 101]]

of visible emissions due to either incomplete coking or leakage into the 
standpipe from the collecting main.
    Standpipe means an apparatus on the oven that provides a passage for 
gases from an oven to the atmosphere when the oven is dampered off the 
collecting main and the standpipe cap is opened. This includes mini-
standpipes that are not connected to the collecting main.
    Tall battery means a by-product coke oven battery with ovens five 
meters or more in height.
    Vertical flue means a type of coke oven heating system in which the 
heating flues run vertically from the bottom to the top of the oven, and 
flues are shared between adjacent ovens.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.



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

    As required in Sec. 63.7350, you must comply with each applicable 
requirement of the NESHAP General Provisions (40 CFR part 63, subpart A) 
as shown in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                        Subject                   CCCCC?                Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1..........................  Applicability..........  Yes....................
Sec.  63.2..........................  Definitions............  Yes....................
Sec.  63.3..........................  Units and Abbreviations  Yes....................
Sec.  63.4..........................  Prohibited Activities..  Yes....................
Sec.  63.5..........................  Construction/            Yes....................
                                        Reconstruction.
Sec.  63.6(a), (b), (c), (d), (e),    Compliance with          Yes....................
 (f), (g), (h)(2)-(8).                  Standards and
                                        Maintenance
                                        Requirements.
Sec.  63.6(h)(9)....................  Adjustment to an         Yes....................
                                        Opacity Emission
                                        Standard.
Sec.  63.7(a)(3), (b), (c)-(h)......  Performance Testing      Yes....................
                                        Requirements.
Sec.  63.7(a)(1)-(2)................  Applicability and        No.....................  Subpart CCCCC specifies
                                        Performance Test Dates.                           applicability and
                                                                                          dates.
Sec.  63.8(a)(1)-(3), (b), (c)(1)-    Monitoring Requirements  Yes....................  CMS requirements in
 (3), (c)(4)(i)-(ii), (c)(5)-(8),                                                         Sec.  63.8(c)(4) (i)-
 (d), (e), (f)(1)-(5), (g)(1)-(4).                                                        (ii), (c)(5), and
                                                                                          (c)(6) apply only to
                                                                                          COMS for battery
                                                                                          stacks.
Sec.  63.8(a)(4)....................  Additional Monitoring    No.....................  Flares are not a
                                        Requirements for                                  control device for
                                        Control Devices in                                Subpart CCCCC affected
                                        Sec.  63.11.                                     sources.
Sec.  63.8(c)(4)....................  Continuous Monitoring    No.....................  Subpart CCCCC specifies
                                        System (CMS)                                      requirements for
                                        Requirements.                                     operation of CMS.
Sec.  63.8(e)(4)-(5)................  Performance Evaluations  Yes....................  Except COMS performance
                                                                                          evaluation must be
                                                                                          conducted before the
                                                                                          compliance date.
Sec.  63.8(f)(6)....................  RATA Alternative.......  No.....................  Subpart CCCCC does not
                                                                                          require CEMS.
Sec.  63.8(g)(5)....................  Data Reduction.........  No.....................  Subpart CCCCC specifies
                                                                                          data that can't be
                                                                                          used in computing
                                                                                          averages for COMS.
Sec.  63.9..........................  Notification             Yes....................  Additional
                                        Requirements.                                     notifications for CMS
                                                                                          in Sec.  63.9(g)
                                                                                          apply only to COMS for
                                                                                          battery stacks.
Sec.  63.10(a), (b)(1)-(b)(2)(xii),   Recordkeeping and        Yes....................  Additional records for
 (b)(2)(xiv), (b)(3), (c)(1)-(6),       Reporting Requirements.                           CMS in Sec.
 (c)(9)-(15), (d), (e)(1)-(2),                                                            63.10(c)(1)-(6), (9)-
 (e)(4), (f).                                                                             (15), and reports in
                                                                                          Sec.  63.10(d)(1)-(2)
                                                                                          apply only to COMS for
                                                                                          battery stacks.
Sec.  63.10(b)(2) (xi)-(xii)........  CMS Records for RATA     No.....................  Subpart CCCCC doesn't
                                        Alternative.                                      require CEMS.
Sec.  63.10(c)(7)-(8)...............  Records of Excess        No.....................  Subpart CCCCC specifies
                                        Emissions and                                     record requirements.
                                        Parameter Monitoring
                                        Exceedances for CMS.
Sec.  63.10(e)(3)...................  Excess Emission Reports  No.....................  Subpart CCCCC specifies
                                                                                          reporting
                                                                                          requirements.
Sec.  63.11.........................  Control Device           No.....................  Subpart CCCCC does not
                                        Requirements.                                     require flares.
Sec.  63.12.........................  State Authority and      Yes....................
                                        Delegations..

[[Page 102]]

 
Sec. Sec.  63.13-63.15.............  Addresses,               Yes....................
                                        Incorporation by
                                        Reference,
                                        Availability of
                                        Information.
----------------------------------------------------------------------------------------------------------------



 Subpart DDDDD_National Emission Standards for Hazardous Air Pollutants 
   for Industrial, Commercial, and Institutional Boilers and Process 
                                 Heaters

    Source: 69 FR 55253, Sept. 13, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.7480  What is the purpose of this subpart?

    This subpart establishes national emission limits and work practice 
standards for hazardous air pollutants (HAP) emitted from industrial, 
commercial, and institutional boilers and process heaters. This subpart 
also establishes requirements to demonstrate initial and continuous 
compliance with the emission limits and work practice standards.



Sec. 63.7485  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an industrial, 
commercial, or institutional boiler or process heater as defined in 
Sec. 63.7575 that is located at, or is part of, a major source of HAP 
as defined in Sec. 63.2 or Sec. 63.761 (40 CFR part 63, subpart HH, 
National Emission Standards for Hazardous Air Pollutants from Oil and 
Natural Gas Production Facilities), except as specified in Sec. 
63.7491.



Sec. 63.7490  What is the affected source of this subpart?

    (a) This subpart applies to new, reconstructed, or existing affected 
sources as described in paragraphs (a)(1) and (2) of this section.
    (1) The affected source of this subpart is the collection of all 
existing industrial, commercial, and institutional boilers and process 
heaters within a subcategory located at a major source as defined in 
Sec. 63.7575.
    (2) The affected source of this subpart is each new or reconstructed 
industrial, commercial, or institutional boiler or process heater 
located at a major source as defined in Sec. 63.7575.
    (b) A boiler or process heater is new if you commence construction 
of the boiler or process heater after January 13, 2003, and you meet the 
applicability criteria at the time you commence construction.
    (c) A boiler or process heater is reconstructed if you meet the 
reconstruction criteria as defined in Sec. 63.2, you commence 
reconstruction after January 13, 2003, and you meet the applicability 
criteria at the time you commence reconstruction.
    (d) A boiler or process heater is existing if it is not new or 
reconstructed.



Sec. 63.7491  Are any boilers or process heaters not subject to this subpart?

    The types of boilers and process heaters listed in paragraphs (a) 
through (o) of this section are not subject to this subpart.
    (a) A municipal waste combustor covered by 40 CFR part 60, subpart 
AAAA, subpart BBBB, subpart Cb or subpart Eb.
    (b) A hospital/medical/infectious waste incinerator covered by 40 
CFR part 60, subpart Ce or subpart Ec.
    (c) An electric utility steam generating unit (including a unit 
covered by 40 CFR part 60, subpart Da) or a Mercury (Hg) Budget unit 
covered by 40 CFR part 60, subpart HHHH.
    (d) A boiler or process heater required to have a permit under 
section 3005 of the Solid Waste Disposal Act or covered by 40 CFR part 
63, subpart EEE (e.g., hazardous waste boilers).
    (e) A commercial and industrial solid waste incineration unit 
covered by 40 CFR part 60, subpart CCCC or subpart DDDD.
    (f) A recovery boiler or furnace covered by 40 CFR part 63, subpart 
MM.
    (g) A boiler or process heater that is used specifically for 
research and development. This does not include units that only provide 
heat or steam to a process at a research and development facility.

[[Page 103]]

    (h) A hot water heater as defined in this subpart.
    (i) A refining kettle covered by 40 CFR part 63, subpart X.
    (j) An ethylene cracking furnace covered by 40 CFR part 63, subpart 
YY.
    (k) Blast furnace stoves as described in the EPA document, entitled 
``National Emission Standards for Hazardous Air Pollutants (NESHAP) for 
Integrated Iron and Steel Plants--Background Information for Proposed 
Standards,'' (EPA-453/R-01-005).
    (l) Any boiler and process heater specifically listed as an affected 
source in another standard(s) under 40 CFR part 63.
    (m) Any boiler and process heater specifically listed as an affected 
source in another standard(s) established under section 129 of the Clean 
Air Act (CAA).
    (n) Temporary boilers as defined in this subpart.
    (o) Blast furnace gas fuel-fired boilers and process heaters as 
defined in this subpart.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70660, Dec. 6, 2006]



Sec. 63.7495  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed boiler or process heater, you 
must comply with this subpart by November 12, 2004 or upon startup of 
your boiler or process heater, whichever is later.
    (b) If you have an existing boiler or process heater, you must 
comply with this subpart no later than September 13, 2007.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP, paragraphs 
(c)(1) and (2) of this section apply to you.
    (1) Any new or reconstructed boiler or process heater at the 
existing facility must be in compliance with this subpart upon startup.
    (2) Any existing boiler or process heater at the existing facility 
must be in compliance with this subpart within 3 years after the 
facility becomes a major source.
    (d) You must meet the notification requirements in Sec. 63.7545 
according to the schedule in Sec. 63.7545 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limits and work practice standards 
in this subpart.

               Emission Limits and Work Practice Standards



Sec. 63.7499  What are the subcategories of boilers and process heaters?

    The subcategories of boilers and process heaters are large solid 
fuel, limited use solid fuel, small solid fuel, large liquid fuel, 
limited use liquid fuel, small liquid fuel, large gaseous fuel, limited 
use gaseous fuel, and small gaseous fuel. Each subcategory is defined in 
Sec. 63.7575.



Sec. 63.7500  What emission limits, work practice standards, and operating 

limits must I meet?

    (a) You must meet the requirements in paragraphs (a)(1) and (2) of 
this section.
    (1) You must meet each emission limit and work practice standard in 
Table 1 to this subpart that applies to your boiler or process heater, 
except as provided under Sec. 63.7507.
    (2) You must meet each operating limit in Tables 2 through 4 to this 
subpart that applies to your boiler or process heater. If you use a 
control device or combination of control devices not covered in Tables 2 
through 4 to this subpart, or you wish to establish and monitor an 
alternative operating limit and alternative monitoring parameters, you 
must apply to the United States Environmental Protection Agency (EPA) 
Administrator for approval of alternative monitoring under Sec. 
63.8(f).
    (b) As provided in Sec. 63.6(g), EPA may approve use of an 
alternative to the work practice standards in this section.

                     General Compliance Requirements



Sec. 63.7505  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emission limits (including 
operating limits) and the work practice standards in this subpart at all 
times,

[[Page 104]]

except during periods of startup, shutdown, and malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (c) You can demonstrate compliance with any applicable emission 
limit using fuel analysis if the emission rate calculated according to 
Sec. 63.7530(d) is less than the applicable emission limit. Otherwise, 
you must demonstrate compliance using performance testing.
    (d) If you demonstrate compliance with any applicable emission limit 
through performance testing, you must develop a site-specific monitoring 
plan according to the requirements in paragraphs (d)(1) through (4) of 
this section. This requirement also applies to you if you petition the 
EPA Administrator for alternative monitoring parameters under Sec. 
63.8(f).
    (1) For each continuous monitoring system (CMS) required in this 
section, you must develop and submit to the EPA Administrator for 
approval a site-specific monitoring plan that addresses paragraphs 
(d)(1)(i) through (iii) of this section. You must submit this site-
specific monitoring plan at least 60 days before your initial 
performance evaluation of your CMS.
    (i) Installation of the CMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the measurement is representative of control of the exhaust emissions 
(e.g., on or downstream of the last control device);
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems; and
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (2) In your site-specific monitoring plan, you must also address 
paragraphs (d)(2)(i) through (iii) of this section.
    (i) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1), (c)(3), and (c)(4)(ii);
    (ii) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec. 63.8(d); and
    (iii) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (3) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (4) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.
    (e) If you have an applicable emission limit or work practice 
standard, you must develop a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 20467, Apr. 20, 2006]



Sec. 63.7506  Do any boilers or process heaters have limited requirements?

    (a) New or reconstructed boilers and process heaters in the large 
liquid fuel subcategory or the limited use liquid fuel subcategory that 
burn only fossil fuels and other gases and do not burn any residual oil 
are subject to the emission limits and applicable work practice 
standards in Table 1 to this subpart. You are not required to conduct a 
performance test to demonstrate compliance with the emission limits. You 
are not required to set and maintain operating limits to demonstrate 
continuous compliance with the emission limits. However, you must meet 
the requirements in paragraphs (a)(1) and (2) of this section and meet 
the CO work practice standard in Table 1 to this subpart.
    (1) To demonstrate initial compliance, you must include a signed 
statement in the Notification of Compliance Status report required in 
Sec. 63.7545(e) that indicates you burn only liquid fossil fuels other 
than residual oils, either alone or in combination with gaseous fuels.
    (2) To demonstrate continuous compliance with the applicable 
emission limits, you must also keep records that demonstrate that you 
burn only liquid fossil fuels other than residual oils, either alone or 
in combination with gaseous fuels. You must also include a signed 
statement in each semiannual compliance report required in Sec. 63.7550

[[Page 105]]

that indicates you burned only liquid fossil fuels other than residual 
oils, either alone or in combination with gaseous fuels, during the 
reporting period.
    (b) The affected boilers and process heaters listed in paragraphs 
(b)(1) through (3) of this section are subject to only the initial 
notification requirements in Sec. 63.9(b) (i.e., they are not subject 
to the emission limits, work practice standards, performance testing, 
monitoring, SSMP, site-specific monitoring plans, recordkeeping and 
reporting requirements of this subpart or any other requirements in 
subpart A of this part).
    (1) Existing large and limited use gaseous fuel units.
    (2) Existing large and limited use liquid fuel units.
    (3) New or reconstructed small liquid fuel units that burn only 
gaseous fuels or distillate oil. New or reconstructed small liquid fuel 
boilers and process heaters that commence burning of any other type of 
liquid fuel must comply with all applicable requirements of this subpart 
and subpart A of this part upon startup of burning the other type of 
liquid fuel.
    (c) The affected boilers and process heaters listed in paragraphs 
(c)(1) through (4) of this section are not subject to the initial 
notification requirements in Sec. 63.9(b) and are not subject to any 
requirements in this subpart or in subpart A of this part (i.e., they 
are not subject to the emission limits, work practice standards, 
performance testing, monitoring, SSM plans, site-specific monitoring 
plans, recordkeeping and reporting requirements of this subpart, or any 
other requirements in subpart A of this part.
    (1) Existing small solid fuel boilers and process heaters.
    (2) Existing small liquid fuel boilers and process heaters.
    (3) Existing small gaseous fuel boilers and process heaters.
    (4) New or reconstructed small gaseous fuel units.



Sec. 63.7507  What are the health-based compliance alternatives for the 

hydrogen chloride (HCl) and total selected metals (TSM) standards?

    (a) As an alternative to the requirement to demonstrate compliance 
with the HCl emission limit in table 1 to this subpart, you may 
demonstrate eligibility for the health-based compliance alternative for 
HCl emissions under the procedures prescribed in appendix A to this 
subpart.
    (b) As an alternative to the requirement to demonstrate compliance 
with the TSM emission limit in table 1 to this subpart based on the sum 
of emissions for the eight selected metals, you may demonstrate 
eligibility for the health-based alternative for manganese emissions 
under the procedures prescribed in appendix A to this subpart and comply 
with the TSM emission standards in table 1 based on the sum of emissions 
for seven selected metals (by excluding manganese emissions from the 
summation of TSM emissions).

[70 FR 76933, Dec. 28, 2005]

       Testing, Fuel Analyses, and Initial Compliance Requirements



Sec. 63.7510  What are my initial compliance requirements and by what date 

must I conduct them?

    (a) For affected sources that elect to demonstrate compliance with 
any of the emission limits of this subpart through performance testing, 
your initial compliance requirements include conducting performance 
tests according to Sec. 63.7520 and Table 5 to this subpart, conducting 
a fuel analysis for each type of fuel burned in your boiler or process 
heater according to Sec. 63.7521 and Table 6 to this subpart, 
establishing operating limits according to Sec. 63.7530 and Table 7 to 
this subpart, and conducting CMS performance evaluations according to 
Sec. 63.7525. For affected sources that burn a single type of fuel, you 
are exempted from the initial compliance requirements of conducting a 
fuel analysis for each type of fuel burned in your boiler or process 
heater according to Sec. 63.7521 and Table 6 to this subpart.
    (b) For affected sources that elect to demonstrate compliance with 
the emission limits for HCl, mercury, or TSM through fuel analysis, your 
initial compliance requirement is to conduct a fuel analysis for each 
type of fuel burned in your boiler or process heater according to Sec. 
63.7521 and Table 6 to

[[Page 106]]

this subpart and establish operating limits according to Sec. 63.7530 
and Table 8 to this subpart.
    (c) For affected sources that have an applicable work practice 
standard, your initial compliance requirements depend on the subcategory 
and rated capacity of your boiler or process heater. If your boiler or 
process heater is in any of the limited use subcategories or has a heat 
input capacity less than 100 MMBtu per hour, your initial compliance 
demonstration is conducting a performance test for carbon monoxide 
according to Table 5 to this subpart. If your boiler or process heater 
is in any of the large subcategories and has a heat input capacity of 
100 MMBtu per hour or greater, your initial compliance demonstration is 
conducting a performance evaluation of your continuous emission 
monitoring system for carbon monoxide according to Sec. 63.7525(a).
    (d) For existing affected sources, you must demonstrate initial 
compliance no later than 180 days after the compliance date that is 
specified for your source in Sec. 63.7495 and according to the 
applicable provisions in Sec. 63.7(a)(2) as cited in Table 10 to this 
subpart.
    (e) If your new or reconstructed affected source commenced 
construction or reconstruction between January 13, 2003 and November 12, 
2004, you must demonstrate initial compliance with either the proposed 
emission limits and work practice standards or the promulgated emission 
limits and work practice standards no later than 180 days after November 
12, 2004 or within 180 days after startup of the source, whichever is 
later, according to Sec. 63.7(a)(2)(ix).
    (f) If your new or reconstructed affected source commenced 
construction or reconstruction between January 13, 2003, and November 
12, 2004, and you chose to comply with the proposed emission limits and 
work practice standards when demonstrating initial compliance, you must 
conduct a second compliance demonstration for the promulgated emission 
limits and work practice standards within 3 years after November 12, 
2004 or within 3 years after startup of the affected source, whichever 
is later.
    (g) If your new or reconstructed affected source commences 
construction or reconstruction after November 12, 2004, you must 
demonstrate initial compliance with the promulgated emission limits and 
work practice standards no later than 180 days after startup of the 
source.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70660, Dec. 6, 2006]



Sec. 63.7515  When must I conduct subsequent performance tests or fuel 

analyses?

    (a) You must conduct all applicable performance tests according to 
Sec. 63.7520 on an annual basis, unless you follow the requirements 
listed in paragraphs (b) through (d) of this section. Annual performance 
tests must be completed between 10 and 12 months after the previous 
performance test, unless you follow the requirements listed in 
paragraphs (b) through (d) of this section.
    (b) You can conduct performance tests less often for a given 
pollutant if your performance tests for the pollutant (particulate 
matter, HCl, mercury, or TSM) for at least 3 consecutive years show that 
you comply with the emission limit. In this case, you do not have to 
conduct a performance test for that pollutant for the next 2 years. You 
must conduct a performance test during the third year and no more than 
36 months after the previous performance test.
    (c) If your boiler or process heater continues to meet the emission 
limit for particulate matter, HCl, mercury, or TSM, you may choose to 
conduct performance tests for these pollutants every third year, but 
each such performance test must be conducted no more than 36 months 
after the previous performance test.
    (d) If a performance test shows noncompliance with an emission limit 
for particulate matter, HCl, mercury, or TSM, you must conduct annual 
performance tests for that pollutant until all performance tests over a 
consecutive 3-year period show compliance.
    (e) If you have an applicable work practice standard for carbon 
monoxide and your boiler or process heater is in any of the limited use 
subcategories or has a heat input capacity less than 100

[[Page 107]]

MMBtu per hour, you must conduct annual performance tests for carbon 
monoxide according to Sec. 63.7520. Each annual performance test must 
be conducted between 10 and 12 months after the previous performance 
test.
    (f) You must conduct a fuel analysis according to Sec. 63.7521 for 
each type of fuel burned no later than 5 years after the previous fuel 
analysis for each fuel type. If you burn a new type of fuel, you must 
conduct a fuel analysis before burning the new type of fuel in your 
boiler or process heater. You must still meet all applicable continuous 
compliance requirements in Sec. 63.7540.
    (g) You must report the results of performance tests and fuel 
analyses within 60 days after the completion of the performance tests or 
fuel analyses. This report should also verify that the operating limits 
for your affected source have not changed or provide documentation of 
revised operating parameters established according to Sec. 63.7530 and 
Table 7 to this subpart, as applicable. The reports for all subsequent 
performance tests and fuel analyses should include all applicable 
information required in Sec. 63.7550.



Sec. 63.7520  What performance tests and procedures must I use?

    (a) You must conduct all performance tests according to Sec. 
63.7(c), (d), (f), and (h). You must also develop a site-specific test 
plan according to the requirements in Sec. 63.7(c) if you elect to 
demonstrate compliance through performance testing.
    (b) You must conduct each performance test according to the 
requirements in Table 5 to this subpart.
    (c) New or reconstructed boilers or process heaters in one of the 
liquid fuel subcategories that burn only fossil fuels and other gases 
and do not burn any residual oil must demonstrate compliance according 
to Sec. 63.7506(a).
    (d) You must conduct each performance test under the specific 
conditions listed in Tables 5 and 7 to this subpart. You must conduct 
performance tests at the maximum normal operating load while burning the 
type of fuel or mixture of fuels that have the highest content of 
chlorine, mercury, and total selected metals, and you must demonstrate 
initial compliance and establish your operating limits based on these 
tests. These requirements could result in the need to conduct more than 
one performance test.
    (e) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction.
    (f) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec. 63.7(e)(3). Each 
test run must last at least 1 hour.
    (g) To determine compliance with the emission limits, you must use 
the F-Factor methodology and equations in sections 12.2 and 12.3 of EPA 
Method 19 of appendix A to part 60 of this chapter to convert the 
measured particulate matter concentrations, the measured HCl 
concentrations, the measured TSM concentrations, and the measured 
mercury concentrations that result from the initial performance test to 
pounds per million Btu heat input emission rates using F-factors.



Sec. 63.7521  What fuel analyses and procedures must I use?

    (a) You must conduct fuel analyses according to the procedures in 
paragraphs (b) through (e) of this section and Table 6 to this subpart, 
as applicable.
    (b) You must develop and submit a site-specific fuel analysis plan 
to the EPA Administrator for review and approval according to the 
following procedures and requirements in paragraphs (b)(1) and (2) of 
this section.
    (1) You must submit the fuel analysis plan no later than 60 days 
before the date that you intend to demonstrate compliance.
    (2) You must include the information contained in paragraphs 
(b)(2)(i) through (vi) of this section in your fuel analysis plan.
    (i) The identification of all fuel types anticipated to be burned in 
each boiler or process heater.
    (ii) For each fuel type, the notification of whether you or a fuel 
supplier will be conducting the fuel analysis.
    (iii) For each fuel type, a detailed description of the sample 
location and specific procedures to be used for collecting and preparing 
the composite

[[Page 108]]

samples if your procedures are different from paragraph (c) or (d) of 
this section. Samples should be collected at a location that most 
accurately represents the fuel type, where possible, at a point prior to 
mixing with other dissimilar fuel types.
    (iv) For each fuel type, the analytical methods, with the expected 
minimum detection levels, to be used for the measurement of selected 
total metals, chlorine, or mercury.
    (v) If you request to use an alternative analytical method other 
than those required by Table 6 to this subpart, you must also include a 
detailed description of the methods and procedures that will be used.
    (vi) If you will be using fuel analysis from a fuel supplier in lieu 
of site-specific sampling and analysis, the fuel supplier must use the 
analytical methods required by Table 6 to this subpart.
    (c) At a minimum, you must obtain three composite fuel samples for 
each fuel type according to the procedures in paragraph (c)(1) or (2) of 
this section.
    (1) If sampling from a belt (or screw) feeder, collect fuel samples 
according to paragraphs (c)(1)(i) and (ii) of this section.
    (i) Stop the belt and withdraw a 6-inch wide sample from the full 
cross-section of the stopped belt to obtain a minimum two pounds of 
sample. Collect all the material (fines and coarse) in the full cross-
section. Transfer the sample to a clean plastic bag.
    (ii) Each composite sample will consist of a minimum of three 
samples collected at approximately equal intervals during the testing 
period.
    (2) If sampling from a fuel pile or truck, collect fuel samples 
according to paragraphs (c)(2)(i) through (iii) of this section.
    (i) For each composite sample, select a minimum of five sampling 
locations uniformly spaced over the surface of the pile.
    (ii) At each sampling site, dig into the pile to a depth of 18 
inches. Insert a clean flat square shovel into the hole and withdraw a 
sample, making sure that large pieces do not fall off during sampling.
    (iii) Transfer all samples to a clean plastic bag for further 
processing.
    (d) Prepare each composite sample according to the procedures in 
paragraphs (d)(1) through (7) of this section.
    (1) Throughly mix and pour the entire composite sample over a clean 
plastic sheet.
    (2) Break sample pieces larger than 3 inches into smaller sizes.
    (3) Make a pie shape with the entire composite sample and subdivide 
it into four equal parts.
    (4) Separate one of the quarter samples as the first subset.
    (5) If this subset is too large for grinding, repeat the procedure 
in paragraph (d)(3) of this section with the quarter sample and obtain a 
one-quarter subset from this sample.
    (6) Grind the sample in a mill.
    (7) Use the procedure in paragraph (d)(3) of this section to obtain 
a one-quarter subsample for analysis. If the quarter sample is too 
large, subdivide it further using the same procedure.
    (e) Determine the concentration of pollutants in the fuel (mercury, 
chlorine, and/or total selected metals) in units of pounds per million 
Btu of each composite sample for each fuel type according to the 
procedures in Table 6 to this subpart.



Sec. 63.7522  Can I use emission averaging to comply with this subpart?

    (a) As an alternative to meeting the requirements of Sec. 63.7500, 
if you have more than one existing large solid fuel boiler located at 
your facility, you may demonstrate compliance by emission averaging 
according to the procedures in this section in a State that does not 
choose to exclude emission averaging.
    (b) Separate stack requirements. For a group of two or more existing 
large solid fuel boilers that each vent to a separate stack, you may 
average particulate matter or TSM, HCl and mercury emissions to 
demonstrate compliance with the limits in Table 1 to this subpart if you 
satisfy the requirements in paragraphs (c), (d), (e), (f), and (g) of 
this section.
    (c) For each existing large solid fuel boiler in the averaging 
group, the emission rate achieved during the initial compliance test for 
the HAP being averaged must not exceed the emission

[[Page 109]]

level that was being achieved on November 12, 2004 or the control 
technology employed during the initial compliance test must not be less 
effective for the HAP being averaged than the control technology 
employed on November 12, 2004.
    (d) The emissions rate from the existing large solid fuel boilers 
participating in the emissions averaging option must be in compliance 
with the limits in Table 1 to this subpart at all times following the 
compliance date specified in Sec. 63.7495.
    (e) You must demonstrate initial compliance according to paragraph 
(e)(1) or (2) of this section.
    (1) You must use Equation 1 of this section to demonstrate that the 
particulate matter or TSM, HCl, and mercury emissions from all existing 
large solid fuel boilers participating in the emissions averaging option 
do not exceed the emission limits in Table 1 to this subpart.
[GRAPHIC] [TIFF OMITTED] TR06DE06.001

Where:

Ave Weighted Emissions = Average weighted emissions for particulate 
matter or TSM, HCl, or mercury, in units of pounds per million Btu of 
heat input.
Er = Emission rate (as calculated according to Table 5 to this subpart 
or by fuel analysis (as calculated by the applicable equation in Sec. 
63.7530(d))) for boiler, i, for particulate matter or TSM, HCl, or 
mercury, in units of pounds per million Btu of heat input.
Hm = Maximum rated heat input capacity of boiler, i, in units of million 
Btu per hour.
n = Number of large solid fuel boilers participating in the emissions 
averaging option.

    (2) If you are not capable of monitoring heat input, you may use 
Equation 2 of this section as an alternative to using Equation 1 of this 
section to demonstrate that the particulate matter or TSM, HCl, and 
mercury emissions from all existing large solid fuel boilers 
participating in the emissions averaging option do not exceed the 
emission limits in Table 1 to this subpart.
[GRAPHIC] [TIFF OMITTED] TR06DE06.002

Where:

Ave Weighted Emissions = Average weighted emission level for PM or TSM, 
HCl, or mercury, in units of pounds per million Btu of heat input.
Er = Emission rate (as calculated according to Table 5 to this subpart 
or by fuel analysis (as calculated by the applicable equation in Sec. 
63.7530(d))) for boiler, i, for particulate matter or TSM, HCl, or 
mercury, in units of pounds per million Btu of heat input.
Sm = Maximum steam generation by boiler, i, in units of pounds.
Cf = Conversion factor, calculated from the most recent compliance test, 
in units of million Btu of heat input per pounds of steam generated.

    (f) You must demonstrate continuous compliance on a monthly basis 
determined at the end of every month (12 times per year) according to 
paragraphs (f)(1) through (3) of this section. The first monthly period 
begins on the compliance date specified in Sec. 63.7495.
    (1) For each calendar month, you must use Equation 3 of this section 
to calculate the monthly average weighted emission rate using the actual 
heat capacity for each existing large solid fuel boiler participating in 
the emissions averaging option.

[[Page 110]]

[GRAPHIC] [TIFF OMITTED] TR06DE06.003

Where:

Ave Weighted Emissions = monthly average weighted emission level for 
particulate matter or TSM, HCl, or mercury, in units of pounds per 
million Btu of heat input.
Er = Emission rate, (as calculated during the most recent compliance 
test, (as calculated according to Table 5 to this subpart) or fuel 
analysis (as calculated by the applicable equation in Sec. 63.7530(d)) 
for boiler, i, for particulate matter or TSM, HCl, or mercury, in units 
of pounds per million Btu of heat input.
Hb = The average heat input for each calendar month of boiler, i, in 
units of million Btu.
n = Number of large solid fuel boilers participating in the emissions 
averaging option.

    (2) If you are not capable of monitoring heat input, you may use 
Equation 4 of this section as an alternative to using Equation 3 of this 
section to calculate the monthly weighted emission rate using the actual 
steam generation from the large solid fuel boilers participating in the 
emissions averaging option.
[GRAPHIC] [TIFF OMITTED] TR06DE06.004

Where:

Ave Weighted Emissions = monthly average weighted emission level for PM 
or TSM, HCl, or mercury, in units of pounds per million Btu of heat 
input.
Er = Emission rate, (as calculated during the most recent compliance 
test (as calculated according to Table 5 to this subpart) or by fuel 
analysis (as calculated by the applicable equation in Sec. 63.7530(d))) 
for boiler, i, for particulate matter or TSM, HCl, or mercury, in units 
of pounds per million Btu of heat input.
Sa = Actual steam generation for each calendar month by boiler, i, in 
units of pounds.
Cf = Conversion factor, as calculated during the most recent compliance 
test, in units of million Btu of heat input per pounds of steam 
generated.

    (3) Until 12 monthly weighted average emission rates have been 
accumulated, calculate and report only the monthly average weighted 
emission rate determined under paragraph (f)(1) or (2) of this section. 
After 12 monthly weighted average emission rates have been accumulated, 
for each subsequent calendar month, use Equation 4A of this section to 
calculate the 12-month rolling average of the monthly weighted average 
emission rates for the current month and the previous 11 months.
[GRAPHIC] [TIFF OMITTED] TR06DE06.005

Where:

Eavg = 12-month rolling average emission rate, (pounds per million Btu 
heat input)
ERi = Monthly weighted average, for month ``i'', (pounds per million Btu 
heat input)(as calculated by (f)(1) or (2))

    (g) You must 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 in paragraphs 
(g)(1) through (4).
    (1) You must submit the implementation plan no later than 180 days 
before the date that the facility intends to demonstrate compliance 
using the emission averaging option.
    (2) You must include the information contained in paragraphs 
(g)(2)(i) through (vii) of this section in your implementation plan for 
all emission sources included in an emissions average:

[[Page 111]]

    (i) The identification of all existing large solid fuel boilers in 
the averaging group, including for each either the applicable HAP 
emission level or the control technology installed on;
    (ii) The process parameter (heat input or steam generated) that will 
be monitored for each averaging group of large solid fuel boilers;
    (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 particulate matter (or 
TSM), HCl, or mercury emissions in accordance with the requirements in 
Sec. 63.7520;
    (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 you request to monitor an alternative operating parameter 
pursuant to Sec. 63.7525, you must also include:
    (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) Upon receipt, the regulatory authority shall review and approve 
or disapprove the plan according to the following criteria:
    (i) Whether the content of the plan includes all of the information 
specified in paragraph (g)(2) of this section; and
    (ii) Whether the plan presents sufficient information to determine 
that compliance will be achieved and maintained.
    (4) The applicable regulatory authority shall not approve an 
emission averaging implementation plan containing any of the following 
provisions:
    (i) Any averaging between emissions of differing pollutants or 
between differing sources; or
    (ii) The inclusion of any emission source other than an existing 
large solid fuel boiler.
    (h) Common stack requirements. For a group of two or more existing 
large solid fuel boilers, each of which vents through a single common 
stack, you may average particulate matter or TSM, HCl and mercury to 
demonstrate compliance with the limits in Table 1 to this subpart if you 
satisfy the requirements in paragraph (i) or (j) of this section.
    (i) For a group of two or more existing large solid fuel boilers, 
each of which vents through a common emissions control system to a 
common stack, that does not receive emissions from units in other 
subcategories or categories, you may treat such averaging group as a 
single existing solid fuel boiler for purposes of this subpart and 
comply with the requirements of this subpart as if the group were a 
single boiler.
    (j) For all other groups of boilers subject to paragraph (h) of this 
section, the owner or operator may elect to:
    (1) Conduct performance tests according to procedures specified in 
Sec. 63.7520 in the common stack (if affected units from other 
subcategories (e.g., gas-fired units) or nonaffected units vent to the 
common stack, the units from other subcategories and nonaffected units 
must be shut down or vented to a different stack during the performance 
test); and
    (2) Meet the applicable operating limit specified in Sec. 63.7540 
and Table 8 to this subpart for each emissions control system (except 
that, if each boiler venting to the common stack has an applicable 
opacity operating limit, then a single continuous opacity monitoring 
system may be located in the common stack instead of in each duct to the 
common stack).
    (k) Combination requirements. The common stack of a group of two or

[[Page 112]]

more boilers subject to paragraph (h) of this section may be treated as 
a separate stack for purposes of paragraph (b) of this section and 
included in an emissions averaging group subject to paragraph (b) of 
this section.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70660, Dec. 6, 2006]



Sec. 63.7525  What are my monitoring, installation, operation, and maintenance 

requirements?

    (a) If you have an applicable work practice standard for carbon 
monoxide, and your boiler or process heater is in any of the large 
subcategories and has a heat input capacity of 100 MMBtu per hour or 
greater, you must install, operate, and maintain a continuous emission 
monitoring system (CEMS) for carbon monoxide and oxygen according to the 
procedures in paragraphs (a)(1) through (6) of this section by the 
compliance date specified in Sec. 63.7495. The carbon monoxide and 
oxygen shall be monitored at the same location at the outlet of the 
boiler or process heater.
    (1) Each CEMS must be installed, operated, and maintained according 
to the applicable procedures under Performance Specification (PS) 3 or 
4A of 40 CFR part 60, appendix B, and according to the site-specific 
monitoring plan developed according to Sec. 63.7505(d).
    (2) You must conduct a performance evaluation of each CEMS according 
to the requirements in Sec. 63.8 and according to PS 4A of 40 CFR part 
60, appendix B.
    (3) Each CEMS must complete a minimum of one cycle of operation 
(sampling, analyzing, and data recording) for each successive 15-minute 
period.
    (4) The CEMS data must be reduced as specified in Sec. 63.8(g)(2).
    (5) You must calculate and record a 30-day rolling average emission 
rate on a daily basis. A new 30-day rolling average emission rate is 
calculated as the average of all of the hourly CO emission data for the 
preceding 30 operating days.
    (6) For purposes of calculating data averages, you must not use data 
recorded during periods of monitoring malfunctions, associated repairs, 
out-of-control periods, required quality assurance or control 
activities, or when your boiler or process heater is operating at less 
than 50 percent of its rated capacity. You must use all the data 
collected during all other periods in assessing compliance. Any period 
for which the monitoring system is out of control and data are not 
available for required calculations constitutes a deviation from the 
monitoring requirements.
    (b) If you have an applicable opacity operating limit, you must 
install, operate, certify and maintain each continuous opacity 
monitoring system (COMS) according to the procedures in paragraphs 
(b)(1) through (7) of this section by the compliance date specified in 
Sec. 63.7495.
    (1) Each COMS must be installed, operated, and maintained according 
to PS 1 of 40 CFR part 60, appendix B.
    (2) You must conduct a performance evaluation of each COMS according 
to the requirements in Sec. 63.8 and according to PS 1 of 40 CFR part 
60, appendix B.
    (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).
    (5) You must include in your site-specific monitoring plan 
procedures and acceptance criteria for operating and maintaining each 
COMS according to the requirements in Sec. 63.8(d). At a minimum, the 
monitoring plan must include a daily calibration drift assessment, a 
quarterly performance audit, and an annual zero alignment audit of each 
COMS.
    (6) You must operate and maintain each COMS according to the 
requirements in the monitoring plan and the requirements of Sec. 
63.8(e). Identify periods the COMS is out of control including any 
periods that the COMS fails to pass a daily calibration drift 
assessment, a quarterly performance audit, or an annual zero alignment 
audit.
    (7) You must determine and record all the 6-minute averages (and 1-
hour block averages as applicable) collected for periods during which 
the COMS is not out of control.
    (c) If you have an operating limit that requires the use of a CMS, 
you must install, operate, and maintain each continuous parameter 
monitoring

[[Page 113]]

system (CPMS) according to the procedures in paragraphs (c)(1) through 
(5) of this section by the compliance date specified in Sec. 63.7495.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
successive cycles of operation to have a valid hour of data.
    (2) Except for monitoring malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must conduct all monitoring in continuous operation at all times 
that the unit is operating. A monitoring malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitoring to 
provide valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.
    (3) For purposes of calculating data averages, you must not use data 
recorded during monitoring malfunctions, associated repairs, out of 
control periods, or required quality assurance or control activities. 
You must use all the data collected during all other periods in 
assessing compliance. Any period for which the monitoring system is out-
of-control and data are not available for required calculations 
constitutes a deviation from the monitoring requirements.
    (4) Determine the 3-hour block average of all recorded readings, 
except as provided in paragraph (c)(3) of this section.
    (5) Record the results of each inspection, calibration, and 
validation check.
    (d) If you have an operating limit that requires the use of a flow 
measurement device, you must meet the requirements in paragraphs (c) and 
(d)(1) through (4) of this section.
    (1) Locate the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity of 2 percent of 
the flow rate.
    (3) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (4) Conduct a flow sensor calibration check at least semiannually.
    (e) If you have an operating limit that requires the use of a 
pressure measurement device, you must meet the requirements in 
paragraphs (c) and (e)(1) through (6) of this section.
    (1) Locate the pressure sensor(s) in a position that provides a 
representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum tolerance of 1.27 centimeters of 
water or a transducer with a minimum tolerance of 1 percent of the 
pressure range.
    (4) Check pressure tap pluggage daily.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (f) If you have an operating limit that requires the use of a pH 
measurement device, you must meet the requirements in paragraphs (c) and 
(f)(1) through (3) of this section.
    (1) Locate the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Check the pH meter's calibration on at least two points every 8 
hours of process operation.
    (g) If you have an operating limit that requires the use of 
equipment to monitor voltage and secondary current (or total power 
input) of an electrostatic precipitator (ESP), you must use voltage and 
secondary current monitoring equipment to measure voltage and secondary 
current to the ESP.
    (h) If you have an operating limit that requires the use of 
equipment to monitor sorbent injection rate (e.g., weigh belt, weigh 
hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (c) and (h)(1) through (3) of this section.

[[Page 114]]

    (1) Locate the device in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Install and calibrate the device in accordance with 
manufacturer's procedures and specifications.
    (3) At least annually, calibrate the device in accordance with the 
manufacturer's procedures and specifications.
    (i) If you elect to use a fabric filter bag leak detection system to 
comply with the requirements of this subpart, you must install, 
calibrate, maintain, and continuously operate a bag leak detection 
system as specified in paragraphs (i)(1) through (8) of this section.
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations and in 
accordance with the guidance provided in EPA-454/R-98-015, September 
1997.
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.
    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm 
system that will sound automatically when an increase in relative 
particulate matter emissions over a preset level is detected. The alarm 
must be located where it is easily heard by plant operating personnel.
    (7) For positive pressure fabric filter systems that do not duct all 
compartments of cells to a common stack, a bag leak detection system 
must be installed in each baghouse compartment or cell.
    (8) Where multiple bag leak detectors are required, the system's 
instrumentation and alarm may be shared among detectors.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70662, Dec. 6, 2006]



Sec. 63.7530  How do I demonstrate initial compliance with the emission limits 

and work practice standards?

    (a) You must demonstrate initial compliance with each emission limit 
and work practice standard that applies to you by either conducting 
initial performance tests and establishing operating limits, as 
applicable, according to Sec. 63.7520, paragraph (c) of this section, 
and Tables 5 and 7 to this subpart OR conducting initial fuel analyses 
to determine emission rates and establishing operating limits, as 
applicable, according to Sec. 63.7521, paragraph (d) of this section, 
and Tables 6 and 8 to this subpart.
    (b) New or reconstructed boilers or process heaters in one of the 
liquid fuel subcategories that burn only fossil fuels and other gases 
and do not burn any residual oil must demonstrate compliance according 
to Sec. 63.7506(a).
    (c) If you demonstrate compliance through performance testing, you 
must establish each site-specific operating limit in Tables 2 through 4 
to this subpart that applies to you according to the requirements in 
Sec. 63.7520, Table 7 to this subpart, and paragraph (c)(4) of this 
section, as applicable. You must also conduct fuel analyses according to 
Sec. 63.7521 and establish maximum fuel pollutant input levels 
according to paragraphs (c)(1) through (3) of this section, as 
applicable.
    (1) You must establish the maximum chlorine fuel input 
(Cinput) during the initial performance testing according to 
the procedures in paragraphs (c)(1)(i) through (iii) of this section.
    (i) You must determine the fuel type or fuel mixture that you could 
burn in your boiler or process heater that has the highest content of 
chlorine.
    (ii) During the performance testing for HCl, you must determine the 
fraction of the total heat input for each fuel type burned 
(Qi) based on the fuel mixture that has the highest content 
of chlorine, and the average chlorine concentration of each fuel type 
burned (Ci).

[[Page 115]]

    (iii) You must establish a maximum chlorine input level using 
Equation 5 of this section.
[GRAPHIC] [TIFF OMITTED] TR13SE04.004

Where:

Clinput = Maximum amount of chlorine entering the boiler or 
process heater through fuels burned in units of pounds per million Btu.
Ci = Arithmetic average concentration of chlorine in fuel 
type, i, analyzed according to Sec. 63.7521, in units of pounds per 
million Btu.
Qi = Fraction of total heat input from fuel type, i, based on 
the fuel mixture that has the highest content of chlorine. If you do not 
burn multiple fuel types during the performance testing, it is not 
necessary to determine the value of this term. Insert a value of ``1'' 
for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of chlorine.

    (2) If you choose to comply with the alternative TSM emission limit 
instead of the particulate matter emission limit, you must establish the 
maximum TSM fuel input level (TSMinput) during the initial 
performance testing according to the procedures in paragraphs (c)(2)(i) 
through (iii) of this section.
    (i) You must determine the fuel type or fuel mixture that you could 
burn in your boiler or process heater that has the highest content of 
TSM.
    (ii) During the performance testing for TSM, you must determine the 
fraction of total heat input from each fuel burned (Qi) based 
on the fuel mixture that has the highest content of total selected 
metals, and the average TSM concentration of each fuel type burned 
(Mi).
    (iii) You must establish a baseline TSM input level using Equation 6 
of this section.
[GRAPHIC] [TIFF OMITTED] TR13SE04.005

Where:

TSMinput = Maximum amount of TSM entering the boiler or 
process heater through fuels burned in units of pounds per million Btu.
Mi = Arithmetic average concentration of TSM in fuel type, i, 
analyzed according to Sec. 63.7521, in units of pounds per million Btu.
Qi = Fraction of total heat input from based fuel type, i, 
based on the fuel mixture that has the highest content of TSM. If you do 
not burn multiple fuel types during the performance test, it is not 
necessary to determine the value of this term. Insert a value of ``1'' 
for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of TSM.

    (3) You must establish the maximum mercury fuel input level 
(Mercuryinput) during the initial performance testing using 
the procedures in paragraphs (c)(3)(i) through (iii) of this section.
    (i) You must determine the fuel type or fuel mixture that you could 
burn in your boiler or process heater that has the highest content of 
mercury.
    (ii) During the compliance demonstration for mercury, you must 
determine the fraction of total heat input for each fuel burned 
(Qi) based on the fuel mixture that has the highest content 
of mercury, and the average mercury concentration of each fuel type 
burned (HGi).
    (iii) You must establish a maximum mercury input level using 
Equation 7 of this section.
[GRAPHIC] [TIFF OMITTED] TR13SE04.006

Where:

Mercuryinput = Maximum amount of mercury entering the boiler 
or process heater through fuels burned in units of pounds per million 
Btu.
HGi = Arithmetic average concentration of mercury in fuel 
type, i, analyzed according to Sec. 63.7521, in units of pounds per 
million Btu.
Qi = Fraction of total heat input from fuel type, i, based on 
the fuel mixture that has the highest mercury content. If you do not 
burn multiple fuel types during the performance test, it is not 
necessary to determine the value of this term. Insert a value of ``1'' 
for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of mercury.

    (4) You must establish parameter operating limits according to 
paragraphs (c)(4)(i) through (iv) of this section.
    (i) For a wet scrubber, you must establish the minimum scrubber 
effluent

[[Page 116]]

pH, liquid flowrate, and pressure drop as defined in Sec. 63.7575, as 
your operating limits during the three-run performance test. If you use 
a wet scrubber and you conduct separate performance tests for 
particulate matter, HCl, and mercury emissions, you must establish one 
set of minimum scrubber effluent pH, liquid flowrate, and pressure drop 
operating limits. The minimum scrubber effluent pH operating limit must 
be established during the HCl performance test. If you conduct multiple 
performance tests, you must set the minimum liquid flowrate and pressure 
drop operating limits at the highest minimum values established during 
the performance tests.
    (ii) For an electrostatic precipitator, you must establish the 
minimum voltage and secondary current (or total power input), as defined 
in Sec. 63.7575, as your operating limits during the three-run 
performance test.
    (iii) For a dry scrubber, you must establish the minimum sorbent 
injection rate, as defined in Sec. 63.7575, as your operating limit 
during the three-run performance test.
    (iv) The operating limit for boilers or process heaters with fabric 
filters that choose to demonstrate continuous compliance through bag 
leak detection systems is that a bag leak detection system be installed 
according to the requirements in Sec. 63.7525, and that each fabric 
filter must be operated such that the bag leak detection system alarm 
does not sound more than 5 percent of the operating time during a 6-
month period.
    (d) If you elect to demonstrate compliance with an applicable 
emission limit through fuel analysis, you must conduct fuel analyses 
according to Sec. 63.7521 and follow the procedures in paragraphs 
(d)(1) through (5) of this section.
    (1) If you burn more than one fuel type, you must determine the fuel 
mixture you could burn in your boiler or process heater that would 
result in the maximum emission rates of the pollutants that you elect to 
demonstrate compliance through fuel analysis.
    (2) You must determine the 90th percentile confidence level fuel 
pollutant concentration of the composite samples analyzed for each fuel 
type using the one-sided z-statistic test described in Equation 8 of 
this section.
[GRAPHIC] [TIFF OMITTED] TR13SE04.012

Where:

P90 = 90th percentile confidence level pollutant 
concentration, in pounds per million Btu.
mean = Arithmetic average of the fuel pollutant concentration in the 
fuel samples analyzed according to Sec. 63.7521, in units of pounds per 
million Btu.
SD = Standard deviation of the pollutant concentration in the fuel 
samples analyzed according to Sec. 63.7521, in units of pounds per 
million Btu.
t = t distribution critical value for 90th percentile (0.1) probability 
for the appropriate degrees of freedom (number of samples minus one) as 
obtained from a Distribution Critical Value Table.

    (3) To demonstrate compliance with the applicable emission limit for 
HCl, the HCl emission rate that you calculate for your boiler or process 
heater using Equation 9 of this section must be less than the applicable 
emission limit for HCl.
[GRAPHIC] [TIFF OMITTED] TR13SE04.007

Where:

HCl = HCl emission rate from the boiler or process heater in units of 
pounds per million Btu.
Ci90 = 90th percentile confidence level concentration of 
chlorine in fuel type, i, in units of pounds per million Btu as 
calculated according to Equation 8 of this section.
Qi = Fraction of total heat input from fuel type, i, based on 
the fuel mixture that has the highest content of chlorine. If you do not 
burn multiple fuel types, it is not necessary to determine the value of 
this term. Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of chlorine.
1.028 = Molecular weight ratio of HCl to chlorine.

    (4) To demonstrate compliance with the applicable emission limit for 
TSM, the TSM emission rate that you calculate for your boiler or process 
heater using Equation 10 of this section must be less than the 
applicable emission limit for TSM.

[[Page 117]]

[GRAPHIC] [TIFF OMITTED] TR13SE04.008

Where:

TSM = TSM emission rate from the boiler or process heater in units of 
pounds per million Btu.
Mi90 = 90th percentile confidence level concentration of TSM 
in fuel, i, in units of pounds per million Btu as calculated according 
to Equation 8 of this section.
Qi = Fraction of total heat input from fuel type, i, based on 
the fuel mixture that has the highest content of total selected metals. 
If you do not burn multiple fuel types, it is not necessary to determine 
the value of this term. Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of TSM.

    (5) To demonstrate compliance with the applicable emission limit for 
mercury, the mercury emission rate that you calculate for your boiler or 
process heater using Equation 11 of this section must be less than the 
applicable emission limit for mercury.
[GRAPHIC] [TIFF OMITTED] TR13SE04.009

Where:

Mercury = Mercury emission rate from the boiler or process heater in 
units of pounds per million Btu.
HGi90 = 90th percentile confidence level concentration of 
mercury in fuel, i, in units of pounds per million Btu as calculated 
according to Equation 8 of this section.
Qi = Fraction of total heat input from fuel type, i, based on 
the fuel mixture that has the highest mercury content. If you do not 
burn multiple fuel types, it is not necessary to determine the value of 
this term. Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest mercury content.

    (e) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.7545(e).

                   Continuous Compliance Requirements



Sec. 63.7535  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) You must monitor and collect data according to this section and 
the site-specific monitoring plan required by Sec. 63.7505(d).
    (b) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, or required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels. You must use all the data collected during all other periods in 
assessing the operation of the control device and associated control 
system. Boilers and process heaters that have an applicable carbon 
monoxide work practice standard and are required to install and operate 
a CEMS, may not use data recorded during periods when the boiler or 
process heater is operating at less than 50 percent of its rated 
capacity.



Sec. 63.7540  How do I demonstrate continuous compliance with the emission 

limits and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limit, operating limit, and work practice standard in Tables 1 through 4 
to this subpart that applies to you according to the methods specified 
in Table 8 to this subpart and paragraphs (a)(1) through (10) of this 
section.
    (1) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. Sec. 63.7 and 
63.7510, whichever date comes first, you must not operate above any of 
the applicable maximum operating limits or below any of the applicable 
minimum operating limits listed in Tables 2 through 4 to this subpart at 
all times except during periods of startup, shutdown and malfunction. 
Operating limits do not apply during performance tests. Operation above 
the established maximum or below the established minimum operating 
limits shall constitute a deviation of established operating limits.

[[Page 118]]

    (2) You must keep records of the type and amount of all fuels burned 
in each boiler or process heater during the reporting period to 
demonstrate that all fuel types and mixtures of fuels burned would 
either result in lower emissions of TSM, HCl, and mercury, than the 
applicable emission limit for each pollutant (if you demonstrate 
compliance through fuel analysis), or result in lower fuel input of TSM, 
chlorine, and mercury than the maximum values calculated during the last 
performance tests (if you demonstrate compliance through performance 
testing).
    (3) If you demonstrate compliance with an applicable HCl emission 
limit through fuel analysis and you plan to burn a new type of fuel, you 
must recalculate the HCl emission rate using Equation 9 of Sec. 63.7530 
according to paragraphs (a)(3)(i) through (iii) of this section.
    (i) You must determine the chlorine concentration for any new fuel 
type in units of pounds per million Btu, based on supplier data or your 
own fuel analysis, according to the provisions in your site-specific 
fuel analysis plan developed according to Sec. 63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of chlorine.
    (iii) Recalculate the HCl emission rate from your boiler or process 
heater under these new conditions using Equation 9 of Sec. 63.7530. The 
recalculated HCl emission rate must be less than the applicable emission 
limit.
    (4) If you demonstrate compliance with an applicable HCl emission 
limit through performance testing and you plan to burn a new type of 
fuel or a new mixture of fuels, you must recalculate the maximum 
chlorine input using Equation 5 of Sec. 63.7530. If the results of 
recalculating the maximum chlorine input using Equation 5 of Sec. 
63.7530 are higher than the maximum chlorine input level established 
during the previous performance test, then you must conduct a new 
performance test within 60 days of burning the new fuel type or fuel 
mixture according to the procedures in Sec. 63.7520 to demonstrate that 
the HCl emissions do not exceed the emission limit. You must also 
establish new operating limits based on this performance test according 
to the procedures in Sec. 63.7530(c).
    (5) If you demonstrate compliance with an applicable TSM emission 
limit through fuel analysis, and you plan to burn a new type of fuel, 
you must recalculate the TSM emission rate using Equation 10 of Sec. 
63.7530 according to the procedures specified in paragraphs (a)(5)(i) 
through (iii) of this section.
    (i) You must determine the TSM concentration for any new fuel type 
in units of pounds per million Btu, based on supplier data or your own 
fuel analysis, according to the provisions in your site-specific fuel 
analysis plan developed according to Sec. 63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of TSM.
    (iii) Recalculate the TSM emission rate from your boiler or process 
heater under these new conditions using Equation 10 of Sec. 63.7530. 
The recalculated TSM emission rate must be less than the applicable 
emission limit.
    (6) If you demonstrate compliance with an applicable TSM emission 
limit through performance testing, and you plan to burn a new type of 
fuel or a new mixture of fuels, you must recalculate the maximum TSM 
input using Equation 6 of Sec. 63.7530. If the results of recalculating 
the maximum total selected metals input using Equation 6 of Sec. 
63.7530 are higher than the maximum TSM input level established during 
the previous performance test, then you must conduct a new performance 
test within 60 days of burning the new fuel type or fuel mixture 
according to the procedures in Sec. 63.7520 to demonstrate that the TSM 
emissions do not exceed the emission limit. You must also establish new 
operating limits based on this performance test according to the 
procedures in Sec. 63.7530(c).
    (7) If you demonstrate compliance with an applicable mercury 
emission limit through fuel analysis, and you plan to burn a new type of 
fuel, you must recalculate the mercury emission rate using Equation 11 
of Sec. 63.7530 according to the procedures specified in paragraphs 
(a)(7)(i) through (iii) of this section.
    (i) You must determine the mercury concentration for any new fuel 
type in units of pounds per million Btu, based

[[Page 119]]

on supplier data or your own fuel analysis, according to the provisions 
in your site-specific fuel analysis plan developed according to Sec. 
63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of mercury.
    (iii) Recalculate the mercury emission rate from your boiler or 
process heater under these new conditions using Equation 11 of Sec. 
63.7530. The recalculated mercury emission rate must be less than the 
applicable emission limit.
    (8) If you demonstrate compliance with an applicable mercury 
emission limit through performance testing, and you plan to burn a new 
type of fuel or a new mixture of fuels, you must recalculate the maximum 
mercury input using Equation 7 of Sec. 63.7530. If the results of 
recalculating the maximum mercury input using Equation 7 of Sec. 
63.7530 are higher than the maximum mercury input level established 
during the previous performance test, then you must conduct a new 
performance test within 60 days of burning the new fuel type or fuel 
mixture according to the procedures in Sec. 63.7520 to demonstrate that 
the mercury emissions do not exceed the emission limit. You must also 
establish new operating limits based on this performance test according 
to the procedures in Sec. 63.7530(c).
    (9) If your unit is controlled with a fabric filter, and you 
demonstrate continuous compliance using a bag leak detection system, you 
must initiate corrective action within 1 hour of a bag leak detection 
system alarm and complete corrective actions as soon as practical, and 
operate and maintain the fabric filter system such that the alarm does 
not sound more than 5 percent of the operating time during a 6-month 
period. You must also keep records of the date, time, and duration of 
each alarm, the time corrective action was initiated and completed, and 
a brief description of the cause of the alarm and the corrective action 
taken. You must also record the percent of the operating time during 
each 6-month period that the alarm sounds. In calculating this operating 
time percentage, 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 shall be counted as a minimum of 1 hour. 
If you take longer than 1 hour to initiate corrective action, the alarm 
time shall be counted as the actual amount of time taken to initiate 
corrective action.
    (10) If you have an applicable work practice standard for carbon 
monoxide, and you are required to install a CEMS according to Sec. 
63.7525(a), then you must meet the requirements in paragraphs (a)(10)(i) 
through (iii) of this section.
    (i) You must continuously monitor carbon monoxide according to 
Sec. Sec. 63.7525(a) and 63.7535.
    (ii) Maintain a carbon monoxide emission level below your applicable 
carbon monoxide work practice standard in Table 1 to this subpart at all 
times except during periods of startup, shutdown, malfunction, and when 
your boiler or process heater is operating at less than 50 percent of 
rated capacity.
    (iii) Keep records of carbon monoxide levels according to Sec. 
63.7555(b).
    (b) You must report each instance in which you did not meet each 
emission limit, operating limit, and work practice standard in Tables 1 
through 4 to this subpart that apply to you. You must also report each 
instance during a startup, shutdown, or malfunction when you did not 
meet each applicable emission limit, operating limit, and work practice 
standard. These instances are deviations from the emission limits and 
work practice standards in this subpart. These deviations must be 
reported according to the requirements in Sec. 63.7550.
    (c) [Reserved]
    (d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the EPA Administrator's satisfaction 
that you were operating in accordance with Sec. 63.6(e)(1). The EPA 
Administrator will determine whether deviations that occur during a 
period of startup, shutdown, or malfunction are violations, according to 
the provisions in Sec. 63.6(e).

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 
71 FR 70662, Dec. 6, 2006]

[[Page 120]]



Sec. 63.7541  How do I demonstrate continuous compliance under the emission 

averaging provision?

    (a) Following the compliance date, the owner or operator must 
demonstrate compliance with this subpart on a continuous basis by 
meeting the requirements of paragraphs (a)(1) through (5) of this 
section.
    (1) For each calendar month, demonstrate compliance with the average 
weighted emissions limit for the existing large solid fuel boilers 
participating in the emissions averaging option as determined in Sec. 
63.7522(f) and (g);
    (2) You must maintain the applicable opacity limit according to 
paragraphs (a)(2)(i) through (ii) of this section.
    (i) For each existing solid fuel boiler participating in the 
emissions averaging option that is equipped with a dry control system 
and not vented to a common stack, maintain opacity at or below the 
applicable limit.
    (ii) For each group of boilers participating in the emissions 
averaging option where each boiler in the group is an existing solid 
fuel boiler equipped with a dry control system and vented to a common 
stack that does not receive emissions from affected units from other 
subcategories or nonaffected units, maintain opacity at or below the 
applicable limit at the common stack;
    (3) For each existing solid fuel boiler participating in the 
emissions averaging option that is equipped with a wet scrubber, 
maintain the 3-hour average parameter values at or below the operating 
limits established during the most recent performance test; and
    (4) For each existing solid fuel boiler participating in the 
emissions averaging option that has an approved alternative operating 
plan, maintain the 3-hour average parameter values at or below the 
operating limits established in the most recent performance test.
    (5) For each existing large solid fuel boiler participating in the 
emissions averaging option venting to a common stack configuration 
containing affected units from other subcategories and/or nonaffected 
units, maintain the appropriate operating limit for each unit as 
specified in Tables 2 through 4 to this subpart that applies.
    (b) Any instance where the owner or operator fails to comply with 
the continuous monitoring requirements in paragraphs (a)(1) through (5) 
of this section, except during periods of startup, shutdown, and 
malfunction, is a deviation.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70662, Dec. 6, 2006]

                   Notification, Reports, and Records



Sec. 63.7545  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8 (e), (f)(4) and (6), and 63.9 (b) through (h) that apply 
to you by the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you startup your affected 
source before November 12, 2004, you must submit an Initial Notification 
not later than 120 days after November 12, 2004. The Initial 
Notification must include the information required in paragraphs (b)(1) 
and (2) of this section, as applicable.
    (1) If your affected source has an annual capacity factor of greater 
than 10 percent, your Initial Notification must include the information 
required by Sec. 63.9(b)(2).
    (2) If your affected source has a federally enforceable permit that 
limits the annual capacity factor to less than or equal to 10 percent 
such that the unit is in one of the limited use subcategories (the 
limited use solid fuel subcategory, the limited use liquid fuel 
subcategory, or the limited use gaseous fuel subcategory), your Initial 
Notification must include the information required by Sec. 63.9(b)(2) 
and also a signed statement indicating your affected source has a 
federally enforceable permit that limits the annual capacity factor to 
less than or equal to 10 percent.
    (c) As specified in Sec. 63.9(b)(4) and (b)(5), if you startup your 
new or reconstructed affected source on or after November 12, 2004, you 
must submit an Initial Notification not later than 15 days after the 
actual date of startup of the affected source.
    (d) If you are required to conduct a performance test you must 
submit a Notification of Intent to conduct a performance test at least 
30 days before

[[Page 121]]

the performance test is scheduled to begin.
    (e) If you are required to conduct an initial compliance 
demonstration as specified in Sec. 63.7530(a), you must submit a 
Notification of Compliance Status according to Sec. 63.9(h)(2)(ii). For 
each initial compliance demonstration, you must submit the Notification 
of Compliance Status, including all performance test results and fuel 
analyses, before the close of business on the 60th day following the 
completion of the performance test and/or other initial compliance 
demonstrations according to Sec. 63.10(d)(2). The Notification of 
Compliance Status report must contain all the information specified in 
paragraphs (e)(1) through (9), as applicable.
    (1) A description of the affected source(s) including identification 
of which subcategory the source is in, the capacity of the source, a 
description of the add-on controls used on the source description of the 
fuel(s) burned, and justification for the fuel(s) burned during the 
performance test.
    (2) Summary of the results of all performance tests, fuel analyses, 
and calculations conducted to demonstrate initial compliance including 
all established operating limits.
    (3) Identification of whether you are complying with the particulate 
matter emission limit or the alternative total selected metals emission 
limit.
    (4) Identification of whether you plan to demonstrate compliance 
with each applicable emission limit through performance testing or fuel 
analysis.
    (5) Identification of whether you plan to demonstrate compliance by 
emissions averaging.
    (6) A signed certification that you have met all applicable emission 
limits and work practice standards.
    (7) A summary of the carbon monoxide emissions monitoring data and 
the maximum carbon monoxide emission levels recorded during the 
performance test to show that you have met any applicable work practice 
standard in Table 1 to this subpart.
    (8) If your new or reconstructed boiler or process heater is in one 
of the liquid fuel subcategories and burns only liquid fossil fuels 
other than residual oil either alone or in combination with gaseous 
fuels, you must submit a signed statement certifying this in your 
Notification of Compliance Status report.
    (9) If you had a deviation from any emission limit or work practice 
standard, you must also submit a description of the deviation, the 
duration of the deviation, and the corrective action taken in the 
Notification of Compliance Status report.



Sec. 63.7550  What reports must I submit and when?

    (a) You must submit each report in Table 9 to this subpart that 
applies to you.
    (b) Unless the EPA Administrator has approved a different schedule 
for submission of reports under Sec. 63.10(a), you must submit each 
report by the date in Table 9 to this subpart and according to the 
requirements in paragraphs (b)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.7495 and ending on June 30 or December 31, whichever date is the 
first date that occurs at least 180 days after the compliance date that 
is specified for your source in Sec. 63.7495.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date is the first date 
following the end of the first calendar half after the compliance date 
that is specified for your source in Sec. 63.7495.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the

[[Page 122]]

first and subsequent compliance reports according to the dates the 
permitting authority has established instead of according to the dates 
in paragraphs (b)(1) through (4) of this section.
    (c) The compliance report must contain the information required in 
paragraphs (c)(1) through (11) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) The total fuel use by each affected source subject to an 
emission limit, for each calendar month within the semiannual reporting 
period, including, but not limited to, a description of the fuel and the 
total fuel usage amount with units of measure.
    (5) A summary of the results of the annual performance tests and 
documentation of any operating limits that were reestablished during 
this test, if applicable.
    (6) A signed statement indicating that you burned no new types of 
fuel. Or, if you did burn a new type of fuel, you must submit the 
calculation of chlorine input, using Equation 5 of Sec. 63.7530, that 
demonstrates that your source is still within its maximum chlorine input 
level established during the previous performance testing (for sources 
that demonstrate compliance through performance testing) or you must 
submit the calculation of HCl emission rate using Equation 9 of Sec. 
63.7530 that demonstrates that your source is still meeting the emission 
limit for HCl emissions (for boilers or process heaters that demonstrate 
compliance through fuel analysis). If you burned a new type of fuel, you 
must submit the calculation of TSM input, using Equation 6 of Sec. 
63.7530, that demonstrates that your source is still within its maximum 
TSM input level established during the previous performance testing (for 
sources that demonstrate compliance through performance testing), or you 
must submit the calculation of TSM emission rate using Equation 10 of 
Sec. 63.7530 that demonstrates that your source is still meeting the 
emission limit for TSM emissions (for boilers or process heaters that 
demonstrate compliance through fuel analysis). If you burned a new type 
of fuel, you must submit the calculation of mercury input, using 
Equation 7 of Sec. 63.7530, that demonstrates that your source is still 
within its maximum mercury input level established during the previous 
performance testing (for sources that demonstrate compliance through 
performance testing), or you must submit the calculation of mercury 
emission rate using Equation 11 of Sec. 63.7530 that demonstrates that 
your source is still meeting the emission limit for mercury emissions 
(for boilers or process heaters that demonstrate compliance through fuel 
analysis).
    (7) If you wish to burn a new type of fuel and you can not 
demonstrate compliance with the maximum chlorine input operating limit 
using Equation 5 of Sec. 63.7530, the maximum TSM input operating limit 
using Equation 6 of Sec. 63.7530, or the maximum mercury input 
operating limit using Equation 7 of Sec. 63.7530, you must include in 
the compliance report a statement indicating the intent to conduct a new 
performance test within 60 days of starting to burn the new fuel.
    (8) The hours of operation for each boiler and process heater that 
is subject to an emission limit for each calendar month within the 
semiannual reporting period. This requirement applies only to limited 
use boilers and process heaters.
    (9) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your SSMP, the 
compliance report must include the information in Sec. 63.10(d)(5)(i).
    (10) If there are no deviations from any emission limits or 
operating limits in this subpart that apply to you, and there are no 
deviations from the requirements for work practice standards in this 
subpart, a statement that there were no deviations from the emission 
limits, operating limits, or work practice standards during the 
reporting period.
    (11) If there were no periods during which the CMSs, including CEMS, 
COMS, and CPMS, were out of control as specified in Sec. 63.8(c)(7), a 
statement

[[Page 123]]

that there were no periods during which the CMSs were out of control 
during the reporting period.
    (d) For each deviation from an emission limit or operating limit in 
this subpart and for each deviation from the requirements for work 
practice standards in this subpart that occurs at an affected source 
where you are not using a CMSs to comply with that emission limit, 
operating limit, or work practice standard, the compliance report must 
contain the information in paragraphs (c)(1) through (10) of this 
section and the information required in paragraphs (d)(1) through (4) of 
this section. This includes periods of startup, shutdown, and 
malfunction.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) A description of the deviation and which emission limit, 
operating limit, or work practice standard from which you deviated.
    (3) Information on the number, duration, and cause of deviations 
(including unknown cause), as applicable, and the corrective action 
taken.
    (4) A copy of the test report if the annual performance test showed 
a deviation from the emission limit for particulate matter or the 
alternative TSM limit, a deviation from the HCl emission limit, or a 
deviation from the mercury emission limit.
    (e) For each deviation from an emission limitation and operating 
limit or work practice standard in this subpart occurring at an affected 
source where you are using a CMS to comply with that emission limit, 
operating limit, or work practice standard, you must include the 
information in paragraphs (c) (1) through (10) of this section and the 
information required in paragraphs (e) (1) through (12) of this section. 
This includes periods of startup, shutdown, and malfunction and any 
deviations from your site-specific monitoring plan as required in Sec. 
63.7505(d).
    (1) The date and time that each malfunction started and stopped and 
description of the nature of the deviation (i.e., what you deviated 
from).
    (2) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out of control, 
including the information in Sec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (5) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (7) A summary of the total duration of CMSs downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (8) An identification of each parameter that was monitored at the 
affected source for which there was a deviation, including opacity, 
carbon monoxide, and operating parameters for wet scrubbers and other 
control devices.
    (9) A brief description of the source for which there was a 
deviation.
    (10) A brief description of each CMS for which there was a 
deviation.
    (11) The date of the latest CMS certification or audit for the 
system for which there was a deviation.
    (12) A description of any changes in CMSs, processes, or controls 
since the last reporting period for the source for which there was a 
deviation.
    (f) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all 
deviations as defined in this subpart in the semiannual monitoring 
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A). If an affected source submits a compliance report 
pursuant to Table 9 to this subpart along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required 
information concerning deviations from any emission limit, operating 
limit, or work

[[Page 124]]

practice requirement in this subpart, submission of the compliance 
report satisfies any obligation to report the same deviations in the 
semiannual monitoring report. However, submission of a compliance report 
does not otherwise affect any obligation the affected source may have to 
report deviations from permit requirements to the permit authority.
    (g) If you operate a new gaseous fuel unit that is subject to the 
work practice standard specified in Table 1 to this subpart, and you 
intend to use a fuel other than natural gas or equivalent to fire the 
affected unit, you must submit a notification of alternative fuel use 
within 48 hours of the declaration of a period of natural gas 
curtailment or supply interruption, as defined in Sec. 63.7575. The 
notification must include the information specified in paragraphs (g)(1) 
through (5) of this section.
    (1) Company name and address.
    (2) Identification of the affected unit.
    (3) Reason you are unable to use natural gas or equivalent fuel, 
including the date when the natural gas curtailment was declared or the 
natural gas supply interruption began.
    (4) Type of alternative fuel that you intend to use.
    (5) Dates when the alternative fuel use is expected to begin and 
end.



Sec. 63.7555  What records must I keep?

    (a) You must keep records according to paragraphs (a)(1) through (3) 
of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status or semiannual 
compliance report that you submitted, according to the requirements in 
Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests, fuel analyses, or other compliance 
demonstrations, performance evaluations, and opacity observations as 
required in Sec. 63.10(b)(2)(viii).
    (b) For each CEMS, CPMS, and COMS, you must keep records according 
to paragraphs (b)(1) through (5) of this section.
    (1) Records described in Sec. 63.10(b)(2) (vi) through (xi).
    (2) Monitoring data for continuous opacity monitoring system during 
a performance evaluation as required in Sec. 63.6(h)(7)(i) and (ii).
    (3) Previous (i.e., superseded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (4) Request for alternatives to relative accuracy test for CEMS as 
required in Sec. 63.8(f)(6)(i).
    (5) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records required in Table 8 to this subpart 
including records of all monitoring data and calculated averages for 
applicable operating limits such as opacity, pressure drop, carbon 
monoxide, and pH to show continuous compliance with each emission limit, 
operating limit, and work practice standard that applies to you.
    (d) For each boiler or process heater subject to an emission limit, 
you must also keep the records in paragraphs (d)(1) through (5) of this 
section.
    (1) You must keep records of monthly fuel use by each boiler or 
process heater, including the type(s) of fuel and amount(s) used.
    (2) You must keep records of monthly hours of operation by each 
boiler or process heater. This requirement applies only to limited-use 
boilers and process heaters.
    (3) A copy of all calculations and supporting documentation of 
maximum chlorine fuel input, using Equation 5 of Sec. 63.7530, that 
were done to demonstrate continuous compliance with the HCl emission 
limit, for sources that demonstrate compliance through performance 
testing. For sources that demonstrate compliance through fuel analysis, 
a copy of all calculations and supporting documentation of HCl emission 
rates, using Equation 9 of Sec. 63.7530, that were done to demonstrate 
compliance with the HCl emission limit. Supporting documentation should 
include results of any fuel analyses and basis for the estimates of 
maximum chlorine fuel input or HCl emission rates. You

[[Page 125]]

can use the results from one fuel analysis for multiple boilers and 
process heaters provided they are all burning the same fuel type. 
However, you must calculate chlorine fuel input, or HCl emission rate, 
for each boiler and process heater.
    (4) A copy of all calculations and supporting documentation of 
maximum TSM fuel input, using Equation 6 of Sec. 63.7530, that were 
done to demonstrate continuous compliance with the TSM emission limit 
for sources that demonstrate compliance through performance testing. For 
sources that demonstrate compliance through fuel analysis, a copy of all 
calculations and supporting documentation of TSM emission rates, using 
Equation 10 of Sec. 63.7530, that were done to demonstrate compliance 
with the TSM emission limit. Supporting documentation should include 
results of any fuel analyses and basis for the estimates of maximum TSM 
fuel input or TSM emission rates. You can use the results from one fuel 
analysis for multiple boilers and process heaters provided they are all 
burning the same fuel type. However, you must calculate TSM fuel input, 
or TSM emission rates, for each boiler and process heater.
    (5) A copy of all calculations and supporting documentation of 
maximum mercury fuel input, using Equation 7 of Sec. 63.7530, that were 
done to demonstrate continuous compliance with the mercury emission 
limit for sources that demonstrate compliance through performance 
testing. For sources that demonstrate compliance through fuel analysis, 
a copy of all calculations and supporting documentation of mercury 
emission rates, using Equation 11 of Sec. 63.7530, that were done to 
demonstrate compliance with the mercury emission limit. Supporting 
documentation should include results of any fuel analyses and basis for 
the estimates of maximum mercury fuel input or mercury emission rates. 
You can use the results from one fuel analysis for multiple boilers and 
process heaters provided they are all burning the same fuel type. 
However, you must calculate mercury fuel input, or mercury emission 
rates, for each boiler and process heater.
    (e) If your boiler or process heater is subject to an emission limit 
or work practice standard in Table 1 to this subpart and has a federally 
enforceable permit that limits the annual capacity factor to less than 
or equal to 10 percent such that the unit is in one of the limited use 
subcategories, you must keep the records in paragraphs (e)(1) and (2) of 
this section.
    (1) A copy of the federally enforceable permit that limits the 
annual capacity factor of the source to less than or equal to 10 
percent.
    (2) Fuel use records for the days the boiler or process heater was 
operating.



Sec. 63.7560  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You can keep the 
records off site for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.7565  What parts of the General Provisions apply to me?

    Table 10 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.7570  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by U.S. EPA, or a 
delegated authority such as your State, local, or tribal agency. If the 
EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency (as well as the U.S. EPA) has the 
authority to implement and enforce this subpart. You should contact your 
EPA Regional Office to find out if this subpart is delegated to your 
State, local, or tribal agency.

[[Page 126]]

    (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 listed 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, however, the U.S. EPA 
retains oversight of this subpart and can take enforcement actions, as 
appropriate.
    (1) Approval of alternatives to the non-opacity emission limits and 
work practice standards in Sec. 63.7500(a) and (b) under Sec. 63.6(g).
    (2) Approval of alternative opacity emission limits in Sec. 
63.7500(a) under Sec. 63.6(h)(9).
    (3) Approval of major change to test methods in Table 5 to this 
subpart under Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 
63.90.
    (4) Approval of major change to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (5) Approval of major change to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.



Sec. 63.7575  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec. 63.2 
(the General Provisions), and in this section as follows:
    Annual capacity factor means the ratio between the actual heat input 
to a boiler or process heater from the fuels burned during a calendar 
year, and the potential heat input to the boiler or process heater had 
it been operated for 8,760 hours during a year at the maximum steady 
state design heat input capacity.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric filter 
(i.e., baghouse) in order to detect bag failures. A bag leak detection 
system includes, but is not limited to, an instrument that operates on 
electrodynamic, triboelectric, light scattering, light transmittance, or 
other principle to monitor relative particulate matter loadings.
    Biomass fuel means unadulterated wood as defined in this subpart, 
wood residue, and wood products (e.g., trees, tree stumps, tree limbs, 
bark, lumber, sawdust, sanderdust, chips, scraps, slabs, millings, and 
shavings); animal litter; vegetative agricultural and silvicultural 
materials, such as logging residues (slash), nut and grain hulls and 
chaff (e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard 
prunings, corn stalks, coffee bean hulls and grounds.
    Blast furnace gas fuel-fired boiler or process heater means an 
industrial/commercial/institutional boiler or process heater that 
receives 90 percent or more of its total heat input (based on an annual 
average) from blast furnace gas.
    Boiler means an enclosed device using controlled flame combustion 
and having the primary purpose of recovering thermal energy in the form 
of steam or hot water. Waste heat boilers are excluded from this 
definition.
    Coal means all solid fuels classifiable as anthracite, bituminous, 
sub-bituminous, or lignite by the American Society for Testing and 
Materials in ASTM D388-991 .\1\, ``Standard Specification for 
Classification of Coals by Rank \1\'' (incorporated by reference, see 
Sec. 63.14(b)), coal refuse, and petroleum coke. Synthetic fuels 
derived from coal for the purpose of creating useful heat including but 
not limited to, solvent-refined coal, coal-oil mixtures, and coal-water 
mixtures, for the purposes of this subpart. Coal derived gases are 
excluded from this definition.
    Coal refuse means any by-product of coal mining or coal cleaning 
operations with an ash content greater than 50 percent (by weight) and a 
heating value less than 13,900 kilojoules per kilogram (6,000 Btu per 
pound) on a dry basis.
    Commercial/institutional boiler means a boiler used in commercial 
establishments or institutional establishments such as medical centers, 
research centers, institutions of higher education, hotels, and 
laundries to provide electricity, steam, and/or hot water.
    Common Stack means the exhaust of emissions from two or more 
affected units through a single flue.
    Construction/demolition material means waste building material that 
result from the construction or demolition operations on houses and 
commercial and industrial buildings.

[[Page 127]]

    Deviation. (1) Deviation means any instance in which an affected 
source subject to this subpart, or an owner or operator of such a 
source:
    (i) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limit, operating 
limit, or work practice standard;
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is included 
in the operating permit for any affected source required to obtain such 
a permit; or
    (iii) Fails to meet any emission limit, operating limit, or work 
practice standard in this subpart during startup, shutdown, or 
malfunction, regardless or whether or not such failure is permitted by 
this subpart.
    (2) A deviation is not always a violation. The determination of 
whether a deviation constitutes a violation of the standard is up to the 
discretion of the entity responsible for enforcement of the standards.
    Distillate oil means fuel oils, including recycled oils, that comply 
with the specifications for fuel oil numbers 1 and 2, as defined by the 
American Society for Testing and Materials in ASTM D396-02a, ``Standard 
Specifications for Fuel Oils \1\'' (incorporated by reference, see Sec. 
63.14(b)).
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
in fluidized bed boilers and process heaters are included in this 
definition.
    Electric utility steam generating unit means a fossil fuel-fired 
combustion unit of more than 25 megawatts that serves a generator that 
produces electricity for sale. A fossil fuel-fired unit that cogenerates 
steam and electricity and supplies more than one-third of its potential 
electric output capacity and more than 25 megawatts electrical output to 
any utility power distribution system for sale is considered an electric 
utility steam generating unit.
    Electrostatic precipitator means an add-on air pollution control 
device used to capture particulate matter by charging the particles 
using an electrostatic field, collecting the particles using a grounded 
collecting surface, and transporting the particles into a hopper.
    Equivalent means the following only as this term is used in Table 6 
to subpart DDDDD:
    (1) An equivalent sample collection procedure means a published 
voluntary consensus standard or practice (VCS) or EPA method that 
includes collection of a minimum of three composite fuel samples, with 
each composite consisting of a minimum of three increments collected at 
approximately equal intervals over the test period.
    (2) An equivalent sample compositing procedure means a published VCS 
or EPA method to systematically mix and obtain a representative 
subsample (part) of the composite sample.
    (3) An equivalent sample preparation procedure means a published VCS 
or EPA method that: Clearly states that the standard, practice or method 
is appropriate for the pollutant and the fuel matrix; or is cited as an 
appropriate sample preparation standard, practice or method for the 
pollutant in the chosen VCS or EPA determinative or analytical method.
    (4) An equivalent procedure for determining heat content means a 
published VCS or EPA method to obtain gross calorific (or higher 
heating) value.
    (5) An equivalent procedure for determining fuel moisture content 
means a published VCS or EPA method to obtain moisture content. If the 
sample analysis plan calls for determining metals (especially the 
mercury, selenium, or arsenic) using an aliquot of the dried sample, 
then the drying temperature must be modified to prevent vaporizing these 
metals. On the other hand, if metals analysis is done on an ``as 
received'' basis, a separate aliquot can be dried to determine moisture 
content and the metals concentration mathematically adjusted to a dry 
basis.
    (6) An equivalent pollutant (mercury, TSM, or total chlorine) 
determinative or analytical procedure means a published VCS or EPA 
method that clearly states that the standard, practice, or method is 
appropriate for the pollutant

[[Page 128]]

and the fuel matrix and has a published detection limit equal or lower 
than the methods listed in Table 6 to subpart DDDDD for the same 
purpose.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Federally enforceable means all limitations and conditions that are 
enforceable by the EPA Administrator, including the requirements of 40 
CFR parts 60 and 61, requirements within any applicable State 
implementation plan, and any permit requirements established under 40 
CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.
    Firetube boiler means a boiler that utilizes a containment shell 
that encloses firetubes (tubes in a boiler having water on the outside 
and carrying the hot gases of combustion inside), and allows the water 
to vaporize and steam to separate. Hybrid boilers that have been 
registered/certified by the National Board of Boiler and Pressure Vessel 
Inspectors and/or the State as firetube boilers as indicated by ``Form 
P-2'' (Manufacturers' Data Report for All Types of Boilers Except 
Watertube and Electric, As Required by the Provisions of the ASME Code 
Rules, Section I), are considered to be firetube boilers for the purpose 
of this subpart.
    Fuel type means each category of fuels that share a common name or 
classification. Examples include, but are not limited to, bituminous 
coal, subbituminous coal, lignite, anthracite, biomass, construction/
demolition material, salt water laden wood, creosote treated wood, 
tires, residual oil. Individual fuel types received from different 
suppliers are not considered new fuel types except for construction/
demolition material. Contraband, prohibited goods, or retired U.S. 
flags, burned at the request of a government agency, are not considered 
a fuel type for the purpose of this subpart.
    Gaseous fuel includes, but is not limited to, natural gas, process 
gas, landfill gas, coal derived gas, refinery gas, and biogas. Blast 
furnace gas is exempted from this definition.
    Heat input means heat derived from combustion of fuel in a boiler or 
process heater and does not include the heat input from preheated 
combustion air, recirculated flue gases, or exhaust gases from other 
sources such as gas turbines, internal combustion engines, kilns, etc.
    Hot water heater means a closed vessel with a capacity of no more 
than 120 U.S. gallons in which water is heated by combustion of gaseous 
or liquid fuel and is withdrawn for use external to the vessel at 
pressures not exceeding 160 psig, including the apparatus by which the 
heat is generated and all controls and devices necessary to prevent 
water temperatures from exceeding 210 [deg]F (99 [deg]C).
    Industrial boiler means a boiler used in manufacturing, processing, 
mining, and refining or any other industry to provide steam, hot water, 
and/or electricity.
    Large gaseous fuel subcategory includes any watertube boiler or 
process heater that burns gaseous fuels not combined with any solid 
fuels, burns liquid fuel only during periods of gas curtailment, gas 
supply emergencies, or for periodic testing of liquid fuel, has a rated 
capacity of greater than 10 MMBtu per hour heat input, and does not have 
a federally enforceable annual average capacity factor of equal to or 
less than 10 percent. Periodic testing of liquid fuel is not to exceed a 
combined total of 48 hours during any calendar year.
    Large liquid fuel subcategory includes any watertube boiler or 
process heater that does not burn any solid fuel and burns any liquid 
fuel either alone or in combination with gaseous fuels, has a rated 
capacity of greater than 10 MMBtu per hour heat input, and does not have 
a federally enforceable annual average capacity factor of equal to or 
less than 10 percent. Large gaseous fuel boilers and process heaters 
that burn liquid fuel during periods of gas curtailment, gas supply 
emergencies or for periodic testing of liquid fuel not to exceed a 
combined total of 48 hours during any calendar year are not included in 
this definition.
    Large solid fuel subcategory includes any watertube boiler or 
process heater that burns any amount of solid fuel either alone or in 
combination with liquid or gaseous fuels, has a rated capacity of 
greater than 10 MMBtu per hour

[[Page 129]]

heat input, and does not have a federally enforceable annual average 
capacity factor of equal to or less than 10 percent.
    Limited use gaseous fuel subcategory includes any watertube boiler 
or process heater that burns gaseous fuels not combined with any liquid 
or solid fuels, burns liquid fuel only during periods of gas curtailment 
or gas supply emergencies, has a rated capacity of greater than 10 MMBtu 
per hour heat input, and has a federally enforceable annual average 
capacity factor of equal to or less than 10 percent.
    Limited use liquid fuel subcategory includes any watertube boiler or 
process heater that does not burn any solid fuel and burns any liquid 
fuel either alone or in combination with gaseous fuels, has a rated 
capacity of greater than 10 MMBtu per hour heat input, and has a 
federally enforceable annual average capacity factor of equal to or less 
than 10 percent. Limited use gaseous fuel boilers and process heaters 
that burn liquid fuel during periods of gas curtailment or gas supply 
emergencies are not included in this definition.
    Limited use solid fuel subcategory includes any watertube boiler or 
process heater that burns any amount of solid fuel either alone or in 
combination with liquid or gaseous fuels, has a rated capacity of 
greater than 10 MMBtu per hour heat input, and has a federally 
enforceable annual average capacity factor of equal to or less than 10 
percent.
    Liquid fossil fuel means petroleum, distillate oil, residual oil and 
any form of liquid fuel derived from such material.
    Liquid fuel includes, but is not limited to, distillate oil, 
residual oil, waste oil, and process liquids.
    Minimum pressure drop means 90 percent of the lowest test-run 
average pressure drop measured according to Table 7 to this subpart 
during the most recent performance test demonstrating compliance with 
the applicable emission limit.
    Minimum scrubber effluent pH means 90 percent of the lowest test-run 
average effluent pH measured at the outlet of the wet scrubber according 
to Table 7 to this subpart during the most recent performance test 
demonstrating compliance with the applicable hydrogen chloride emission 
limit.
    Minimum scrubber flow rate means 90 percent of the lowest test-run 
average flow rate measured according to Table 7 to this subpart during 
the most recent performance test demonstrating compliance with the 
applicable emission limit.
    Minimum sorbent flow rate means 90 percent of the lowest test-run 
average sorbent (or activated carbon) flow rate measured according to 
Table 7 to this subpart during the most recent performance test 
demonstrating compliance with the applicable emission limits.
    Minimum voltage or amperage means 90 percent of the lowest test-run 
average voltage or amperage to the electrostatic precipitator measured 
according to Table 7 to this subpart during the most recent performance 
test demonstrating compliance with the applicable emission limits.
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of which 
the principal constituent is methane; or
    (2) Liquid petroleum gas, as defined by the American Society for 
Testing and Materials in ASTM D1835-03a, ``Standard Specification for 
Liquid Petroleum Gases'' (incorporated by reference, see Sec. 
63.14(b)).
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Particulate matter means any finely divided solid or liquid 
material, other than uncombined water, as measured by the test methods 
specified under this subpart, or an alternative method.
    Period of natural gas curtailment or supply interruption means a 
period of time during which the supply of natural gas to an affected 
facility is halted for reasons beyond the control of the facility. An 
increase in the cost or unit price of natural gas does not constitute a 
period of natural gas curtailment or supply interruption.
    Process heater means an enclosed device using controlled flame, that 
is not

[[Page 130]]

a boiler, and the unit's primary purpose is to transfer heat indirectly 
to a process material (liquid, gas, or solid) or to a heat transfer 
material for use in a process unit, instead of generating steam. Process 
heaters are devices in which the combustion gases do not directly come 
into contact with process materials. Process heaters do not include 
units used for comfort heat or space heat, food preparation for on-site 
consumption, or autoclaves.
    Residual oil means crude oil, and all fuel oil numbers 4, 5 and 6, 
as defined by the American Society for Testing and Materials in ASTM 
D396-02a, ``Standard Specifications for Fuel Oils \1\'' (incorporated by 
reference, see Sec. 63.14(b)).
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Small gaseous fuel subcategory includes any size of firetube boiler 
and any other boiler or process heater with a rated capacity of less 
than or equal to 10 MMBtu per hour heat input that burn gaseous fuels 
not combined with any solid fuels and burns liquid fuel only during 
periods of gas curtailment, gas supply emergencies, or for periodic 
testing of liquid fuel. Periodic testing is not to exceed a combined 
total of 48 hours during any calendar year.
    Small liquid fuel subcategory includes any size of firetube boiler 
and any other boiler or process with a rated capacity of less than or 
equal to 10 MMBtu per hour heat input that do not burn any solid fuel 
and burn any liquid fuel either alone or in combination with gaseous 
fuels. Small gaseous fuel boilers and process heaters that burn liquid 
fuel during periods of gas curtailment, gas supply emergencies or for 
periodic testing of liquid fuel not to exceed a combined total of 48 
hours during any calendar year are not included in this definition.
    Small solid fuel subcategory includes any firetube boiler that burns 
any amount of solid fuel either alone or in combination with liquid or 
gaseous fuels, and any other boiler or process heater that burns any 
amount of solid fuel either alone or in combination with liquid or 
gaseous fuels and has a rated capacity of less than or equal to 10 MMBtu 
per hour heat input.
    Solid fuel includes, but is not limited to, coal, wood, biomass, 
tires, plastics, and other nonfossil solid materials.
    Temporary boiler means any gaseous or liquid fuel boiler that is 
designed to, and is capable of, being carried or moved from one location 
to another. A temporary boiler that remains at a location for more than 
180 consecutive days is no longer considered to be a temporary boiler. 
Any temporary boiler that replaces a temporary boiler at a location and 
is intended to perform the same or similar function will be included in 
calculating the consecutive time period.
    Total selected metals means the combination of the following 
metallic HAP: arsenic, beryllium, cadmium, chromium, lead, manganese, 
nickel and selenium.
    Unadulterated wood means wood or wood products that have not been 
painted, pigment-stained, or pressure treated with compounds such as 
chromate copper arsenate, pentachlorophenol, and creosote. Plywood, 
particle board, oriented strand board, and other types of wood products 
bound by glues and resins are included in this definition.
    Voluntary Consensus Standards or VCS mean technical standards (e.g., 
materials specifications, test methods, sampling procedures, business 
practices) developed or adopted by one or more voluntary consensus 
bodies. EPA/OAQPS has by precedent only used VCS that are written in 
English. Examples of VCS bodies are: American Society of Testing and 
Materials (ASTM), American Society of Mechanical Engineers (ASME), 
International Standards Organization (ISO), Standards Australia (AS), 
British Standards (BS), Canadian Standards (CSA), European Standard (EN 
or CEN) and German Engineering Standards (VDI). The types of standards 
that are not considered VCS are standards developed by: the U.S. states, 
e.g., California (CARB) and Texas (TCEQ); industry groups, such as 
American Petroleum Institute (API), Gas Processors Association (GPA), 
and Gas Research Institute (GRI); and other branches of the U.S.

[[Page 131]]

government, e.g. Department of Defense (DOD) and Department of 
Transportation (DOT). This does not preclude EPA from using standards 
developed by groups that are not VCS bodies within their rule. When this 
occurs, EPA has done searches and reviews for VCS equivalent to these 
non-EPA methods.
    Waste heat boiler means a device that recovers normally unused 
energy and converts it to usable heat. Waste heat boilers incorporating 
duct or supplemental burners that are designed to supply 50 percent or 
more of the total rated heat input capacity of the waste heat boiler are 
not considered waste heat boilers, but are considered boilers. Waste 
heat boilers are also referred to as heat recovery steam generators.
    Watertube boiler means a boiler that incorporates a steam drum with 
tubes connected to the drum to separate steam from water.
    Wet scrubber means any add-on air pollution control device that 
mixes an aqueous stream or slurry with the exhaust gases from a boiler 
or process heater to control emissions of particulate matter and/or to 
absorb and neutralize acid gases, such as hydrogen chloride.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.

[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 70662, Dec. 6, 2006]



   Sec. Table 1 to Subpart DDDDD of Part 63--Emission Limits and Work 
                           Practice Standards

     As stated in Sec.  63.7500, you must comply with the following
         applicable emission limits and work practice standards:
------------------------------------------------------------------------
                                                      You must meet the
  If your boiler or process                          following emission
      heater is in this         For the following      limits and work
      subcategory . . .         pollutants . . .    practice standards .
                                                             . .
------------------------------------------------------------------------
1. New or reconstructed       a. Particulate        0.025 lb per MMBtu
 large solid fuel.             Matter (or Total      of heat input; or
                               Selected Metals).     (0.0003 lb per
                                                     MMBtu of heat
                                                     input).
                              b. Hydrogen Chloride  0.02 lb per MMBtu of
                                                     heat input.
                              c. Mercury..........  0.000003 lb per
                                                     MMBtu of heat
                                                     input.
                              d. Carbon Monoxide..  400 ppm by volume on
                                                     a dry basis
                                                     corrected to 7
                                                     percent oxygen (30-
                                                     day rolling average
                                                     for units 100 MMBtu/
                                                     hr or greater, 3-
                                                     run average for
                                                     units less than 100
                                                     MMBtu/hr).
2. New or reconstructed       a. Particulate        0.025 lb per MMBtu
 limited use solid fuel.       Matter (or Total      of heat input; or
                               Selected Metals).     (0.0003 lb per
                                                     MMBtu of heat
                                                     input).
                              b. Hydrogen Chloride  0.02 lb per MMBtu of
                                                     heat input.
                              c. Mercury..........  0.000003 lb per
                                                     MMBtu of heat
                                                     input.
                              d. Carbon Monoxide..  400 ppm by volume on
                                                     a dry basis
                                                     corrected to 7
                                                     percent oxygen (3-
                                                     run average).
3. New or reconstructed       a. Particulate        0.025 lb per MMBtu
 small solid fuel.             Matter (or Total      of heat input; or
                               Selected Metals).     (0.0003 lb per
                                                     MMBtu of heat
                                                     input).
                              b. Hydrogen Chloride  0.02 lb per MMBtu of
                                                     heat input.
                              c. Mercury..........  0.000003 lb per
                                                     MMBtu of heat
                                                     input.
4. New reconstructed large    a. Particulate        0.03 lb per MMBtu of
 liquid fuel.                  Matter.               heat input.
                              b. Hydrogen Chloride  0.0005 lb per MMBtu
                                                     of heat input.
                              c. Carbon Monoxide..  400 ppm by volume on
                                                     a dry basis
                                                     corrected to 3
                                                     percent oxygen (30-
                                                     day rolling average
                                                     for units 100 MMBtu/
                                                     hr or greater, 3-
                                                     run average for
                                                     units less than 100
                                                     MMBtu/hr).
5. New or reconstructed       a. Particulate        0.03 lb per MMBtu of
 limited use liquid fuel.      Matter.               heat input.
                              b. Hydrogen Chloride  0.0009 lb per MMBtu
                                                     of heat input.
                              c. Carbon Monoxide..  400 ppm by volume on
                                                     a dry basis liquid
                                                     corrected to 3
                                                     percent oxygen (3-
                                                     run average).
6. New or reconstructed       a. Particulate        0.03 lb per MMBtu of
 small liquid fuel.            Matter.               heat input.
                              b. Hydrogen Chloride  0.0009 lb per MMBtu
                                                     of heat input.
7. New reconstructed large    Carbon Monoxide.....  400 ppm by volume on
 gaseous fuel.                                       a dry basis
                                                     corrected to 3
                                                     percent oxygen (30-
                                                     day rolling average
                                                     for units 100 MMBtu/
                                                     hr or greater, 3-
                                                     run average for
                                                     units less than 100
                                                     MMBtu/hr).

[[Page 132]]

 
8. New or reconstructed       Carbon Monoxide.....  400 ppm by volume on
 limited use gaseous fuel.                           a dry basis
                                                     corrected to 3
                                                     percent oxygen (3-
                                                     run average).
9. Existing large solid fuel  a. Particulate        0.07 lb per MMBtu of
                               Matter (or Total      heat input; or
                               Selected Metals).     (0.001 lb per MMBtu
                                                     of heat input).
                              b. Hydrogen Chloride  0.09 lb per MMBtu of
                                                     heat input.
                              c. Mercury..........  0.000009 lb per
                                                     MMBtu of heat
                                                     input.
10. Existing limited use      Particulate Matter    0.21 lb per MMBtu of
 solid fuel.                   (or Total Selected    heat input; or
                               Metals).              (0.004 lb per MMBtu
                                                     of heat input).
------------------------------------------------------------------------



 Sec. Table 2 to Subpart DDDDD of Part 63--Operating Limits for Boilers 
       and Process Heaters With Particulate Matter Emission Limits

    As stated in Sec.  63.7500, you must comply with the applicable
                            operating limits:
------------------------------------------------------------------------
 If you demonstrate compliance with
   applicable particulate matter        You must meet these operating
    emission limits using . . .                  limits . . .
------------------------------------------------------------------------
1. Wet scrubber control............  a. Maintain the minimum pressure
                                      drop and liquid flow-rate at or
                                      above the operating levels
                                      established during the performance
                                      test according to Sec.
                                      63.7530(c) and Table 7 to this
                                      subpart that demonstrated
                                      compliance with the applicable
                                      emission limit for particulate
                                      matter.
2. Fabric filter control...........  a. Install and operate a bag leak
                                      detection system according to Sec.
                                        63.7525 and operate the fabric
                                      filter such that the bag leak
                                      detection system alarm does not
                                      sound more than 5 percent of the
                                      operating time during each 6-month
                                      period; or
                                     b. This option is for boilers and
                                      process heaters that operate dry
                                      control systems. Existing boilers
                                      and process heaters must maintain
                                      opacity to less than or equal to
                                      20 percent (6-minute average)
                                      except for one 6-minute period per
                                      hour of not more than 27 percent.
                                      New boilers and process heaters
                                      must maintain opacity to less than
                                      or equal to 10 percent opacity (1-
                                      hour block average).
3. Electrostatic precipitator        a. This option is for boilers and
 control.                             process heaters that operate dry
                                      control systems. Existing boilers
                                      and process heaters must maintain
                                      opacity to less than or equal to
                                      20 percent (6-minute average)
                                      except for one 6-minute period per
                                      hour of not more than 27 percent.
                                      New boilers and process heaters
                                      must maintain opacity to less than
                                      or equal to 10 percent opacity (1-
                                      hour block average); or
                                     b. This option is only for boilers
                                      and process heaters that operate
                                      additional wet control systems.
                                      Maintain the minimum voltage and
                                      secondary current or total power
                                      input of the electrostatic
                                      precipitator at or above the
                                      operating limits established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limit for
                                      particulate matter.
4. Any other control type..........  This option is for boilers and
                                      process heaters that operate dry
                                      control systems. Existing boilers
                                      and process heaters must maintain
                                      opacity to less than or equal to
                                      20 percent (6-minute average)
                                      except for one 6-minute period per
                                      hour of not more than 27 percent.
                                      New boilers and process heaters
                                      must maintain opacity to less than
                                      or equal to 10 percent opacity (1-
                                      hour block average).
------------------------------------------------------------------------


[[Page 133]]



 Sec. Table 3 to Subpart DDDDD of Part 63--Operating Limits for Boilers 

and Process Heaters With Mercury Emission Limits and Boilers and Process 

Heaters That Choose To Comply With the Alternative Total Selected Metals 

                             Emission Limits

    As stated in Sec.  63.7500, you must comply with the applicable
                            operating limits:
------------------------------------------------------------------------
 If you demonstrate compliance with
  applicable mercury and/or total       You must meet these operating
  selected metals emission limits                limits . . .
            using . . .
------------------------------------------------------------------------
1. Wet scrubber control............  Maintain the minimum pressure drop
                                      and liquid flow-rate at or above
                                      the operating levels established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limits for
                                      mercury and/or total selected
                                      metals.
2. Fabric filter control...........  a. Install and operate a bag leak
                                      detection system according to Sec.
                                        63.7525 and operate the fabric
                                      filter such that the bag leak
                                      detection system alarm does not
                                      sound more than 5 percent of the
                                      operating time during a 6-month
                                      period; or
                                     b. This option is for boilers and
                                      process heaters that operate dry
                                      control systems. Existing sources
                                      must maintain opacity to less than
                                      or equal to 20 percent (6-minute
                                      average) except for one 6-minute
                                      period per hour of not more than
                                      27 percent. New sources must
                                      maintain opacity to less than or
                                      equal to 10 percent opacity (1-
                                      hour block average).
3. Electrostatic precipitator        a. This option is for boilers and
 control.                             process heaters that operate dry
                                      control systems. Existing sources
                                      must maintain opacity to less than
                                      or equal to 20 percent (6-minute
                                      average) except for one 6-minute
                                      period per hour of not more than
                                      27 percent. New sources must
                                      maintain opacity to less than or
                                      equal to 10 percent opacity (1-
                                      hour block average); or
                                     b. This option is only for boilers
                                      and process heaters that operate
                                      additional wet control systems.
                                      Maintain the minimum voltage and
                                      secondary current or total power
                                      input of the electrostatic
                                      precipitator at or above the
                                      operating limits established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limits for
                                      mercury and/or total selected
                                      metals.
4. Dry scrubber or carbon injection  Maintain the minimum sorbent or
 control.                             carbon injection rate at or above
                                      the operating levels established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limit for
                                      mercury.
5. Any other control type..........  This option is only for boilers and
                                      process heaters that operate dry
                                      control systems. Existing sources
                                      must maintain opacity to less than
                                      or equal to 20 percent (6-minute
                                      average) except for one 6-minute
                                      period per hour of not more than
                                      27 percent. New sources must
                                      maintain opacity to less than or
                                      equal to 10 percent opacity (1-
                                      hour block average).
6. Fuel analysis...................  Maintain the fuel type or fuel
                                      mixture such that the mercury and/
                                      or total selected metals emission
                                      rates calculated according to Sec.
                                        63.7530(d)(4) and/or (5) is less
                                      than the applicable emission
                                      limits for mercury and/or total
                                      selected metals.
------------------------------------------------------------------------



 Sec. Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers 
       and Process Heaters With Hydrogen Chloride Emission Limits

     As stated in Sec.  63.7500, you must comply with the following
                      applicable operating limits:
------------------------------------------------------------------------
 If you demonstrate compliance with
    applicable hydrogen chloride        You must meet these operating
    emission limits using . . .                  limits . . .
------------------------------------------------------------------------
1. Wet scrubber control............  Maintain the minimum scrubber
                                      effluent pH, pressure drop, and
                                      liquid flow-rate at or above the
                                      operating levels established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limit for
                                      hydrogen chloride.
2. Dry scrubber control............  Maintain the minimum sorbent
                                      injection rate at or above the
                                      operating levels established
                                      during the performance test
                                      according to Sec.  63.7530(c) and
                                      Table 7 to this subpart that
                                      demonstrated compliance with the
                                      applicable emission limit for
                                      hydrogen chloride.

[[Page 134]]

 
3. Fuel analysis...................  Maintain the fuel type or fuel
                                      mixture such that the hydrogen
                                      chloride emission rate calculated
                                      according to Sec.  63.7530(d)(3)
                                      is less than the applicable
                                      emission limit for hydrogen
                                      chloride.
------------------------------------------------------------------------



     Sec. Table 5 to Subpart DDDDD of Part 63--Performance Testing 
                              Requirements

     As stated in Sec.  63.7520, you must comply with the following
  requirements for performance test for existing, new or reconstructed
                            affected sources:
------------------------------------------------------------------------
  To conduct a performance
   test for the following        You must . . .          Using . . .
       pollutant . . .
------------------------------------------------------------------------
1. Particulate Matter.......  a. Select sampling    Method 1 in appendix
                               ports location and    A to part 60 of
                               the number of         this chapter.
                               traverse points.
                              b. Determine          Method 2, 2F, or 2G
                               velocity and          in appendix A to
                               volumetric flow-      part 60 of this
                               rate of the stack     chapter.
                               gas.
                              c. Determine oxygen   Method 3A or 3B in
                               and carbon dioxide    appendix A to part
                               concentrations of     60 of this chapter,
                               the stack gas.        or ASME PTC 19,
                                                     Part 10 (1981)
                                                     (IBR, see Sec.
                                                     63.14(i)).
                              d. Measure the        Method 4 in appendix
                               moisture content of   A to part 60 of
                               the stack gas.        this chapter.
                              e. Measure the        Method 5 or 17
                               particulate matter    (positive pressure
                               emission              fabric filters must
                               concentration.        use Method 5D) in
                                                     appendix A to part
                                                     60 of this chapter.
                              f. Convert emissions  Method 19 F-factor
                               concentration to lb   methodology in
                               per MMBtu emission    appendix A to part
                               rates.                60 of this chapter.
2. Total selected metals....  a. Select sampling    Method 1 in appendix
                               ports location and    A to part 60 of
                               the number of         this chapter.
                               traverse points.
                              b. Determine          Method 2, 2F, or 2G
                               velocity and          in appendix A to
                               volumetric flow-      part 60 of this
                               rate of the stack     chapter.
                               gas.
                              c. Determine oxygen   Method 3A or 3B in
                               and carbon dioxide    appendix A to part
                               concentrations of     60 of this chapter,
                               the stack gas.        or ASME PTC 19,
                                                     Part 10 (1981)
                                                     (IBR, see Sec.
                                                     63.14(i)).
                              d. Measure the        Method 4 in appendix
                               moisture content of   A to part 60 of
                               the stack gas.        this chapter.
                              e. Measure the total  Method 29 in
                               selected metals       appendix A to part
                               emission              60 of this chapter.
                               concentration.
                              f. Convert emissions  Method 19 F-factor
                               concentration to lb   methodology in
                               per MMBtu emission    appendix A to part
                               rates.                60 of this chapter.
3. Hydrogen chloride........  a. Select sampling    Method 1 in appendix
                               ports location and    A to part 60 of
                               the number of         this chapter.
                               traverse points.
                              b. Determine          Method 2, 2F, or 2G
                               velocity and          in appendix A to
                               volumetric flow-      part 60 of this
                               rate of the stack     chapter.
                               gas.
                              c. Determine oxygen   Method 3A or 3B in
                               and carbon dioxide    appendix A to part
                               concentrations of     60 of this chapter,
                               the stack gas.        or ASME PTC 19,
                                                     Part 10 (1981)
                                                     (IBR, see Sec.
                                                     63.14(i)).
                              d. Measure the        Method 4 in appendix
                               moisture content of   A to part 60 of
                               the stack gas.        this chapter.
                              e. Measure the        Method 26 or 26A in
                               hydrogen chloride     appendix A to part
                               emission              60 of this chapter.
                               concentration.
                              f. Convert emissions  Method 19 F-factor
                               concentration to lb   methodology in
                               per MMBtu emission    appendix A to part
                               rates.                60 of this chapter.
4. Mercury..................  a. Select sampling    Method 1 in appendix
                               ports location and    A to part 60 of
                               the number of         this chapter.
                               traverse points.
                              b. Determine          Method 2, 2F, or 2G
                               velocity and          in appendix A to
                               volumetric flow-      part 60 of this
                               rate of the stack     chapter.
                               gas.
                              c. Determine oxygen   Method 3A or 3B in
                               and carbon dioxide    appendix A to part
                               concentrations of     60 of this chapter,
                               the stack gas.        or ASME PTC 19,
                                                     Part 10 (1981)
                                                     (IBR, see Sec.
                                                     62.14(i)).
                              d. Measure the        Method 4 in appendix
                               moisture content of   A to part 60 of
                               the stack gas.        this chapter.
                              e. Measure the        Method 29 in
                               mercury emission      appendix A to part
                               concentration.        60 of this chapter
                                                     or Method 101A in
                                                     appendix B to part
                                                     61 of this chapter
                                                     or ASTM Method
                                                     D6784-02 (IBR, see
                                                     Sec.  63.14(b)).
                              f. Convert emissions  Method 19 F-factor
                               concentration to lb   methodology in
                               per MMBtu emission    appendix A to part
                               rates.                60 of this chapter.
5. Carbon Monoxide..........  a. Select the         Method 1 in appendix
                               sampling ports        A to part 60 of
                               location and the      this chapter.
                               number of traverse
                               points.

[[Page 135]]

 
                              b. Determine oxygen   Method 3A or 3B in
                               and carbon dioxide    appendix A to part
                               concentrations of     60 of this chapter,
                               the stack gas.        or ASTM D6522-00
                                                     (IBR, see Sec.
                                                     63.14(b)), or ASME
                                                     PTC 19, Part 10
                                                     (1981) (IBR, see
                                                     Sec.  63.14(i)).
                              c. Measure the        Method 4 in appendix
                               moisture content of   A to part 60 of
                               the stack gas.        this chapter.
                              d. Measure the        Method 10, 10A, or
                               carbon monoxide       10B in appendix A
                               emission              to part 60 of this
                               concentration.        chapter, or ASTM
                                                     D6522-00 (IBR, see
                                                     Sec.  63.14(b))
                                                     when the fuel is
                                                     natural gas.
------------------------------------------------------------------------



  Sec. Table 6 to Subpart DDDDD of Part 63--Fuel Analysis Requirements

     As stated in Sec.  63.7521, you must comply with the following
       requirements for fuel analysis testing for existing, new or
 reconstructed affected sources. However, equivalent methods may be used
 in lieu of the prescribed methods at the discretion of the source owner
                              or operator:
------------------------------------------------------------------------
  To conduct a fuel  analysis
for the following  pollutant *    You must * * *        Using * * *
              * *
------------------------------------------------------------------------
1. Mercury * * *..............  a. Collect fuel    Procedure in Sec.
                                 samples * * *.     63.7521(c) or ASTM
                                                    D2234-D2234M-03 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D6323-98 (2003) (for
                                                    biomass) (IBR, See
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples * * *.     63.7521(d) or
                                                    equivalent.
                                c. Prepare         SW-846-3050B (for
                                 composited fuel    solid samples) or SW-
                                 samples * * *.     846-3020A (for
                                                    liquid samples) or
                                                    ASTM D2013-04 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D5198-92 (2003) (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                d. Determine heat  ASTM D5865-04 (for
                                 content of the     coal) (IBR, see Sec.
                                 fuel type * * *.     63.24(b)) or ASTM
                                                    E711-87 (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                e. Determine       ASTM D3173-03 (IBR,
                                 moisture content   see Sec.  63.14(b))
                                 of the fuel type   or ASTM E871-82
                                 * * *.             (1998) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                f. Measure         ASTM D6722-01 (for
                                 mercury            coal) (IBR, see Sec.
                                 concentration in     6314(b)) or SW-846-
                                 fuel sample * *    7471A (for solid
                                 *.                 samples) or SW-846-
                                                    7470A (for liquid
                                                    samples or
                                                    equivalent.
                                g. Convert         .....................
                                 concentration
                                 into units of
                                 pounds of
                                 pollutant per
                                 MMBtu of heat
                                 content.
2. Total Selected metals * * *  a. Collect fuel    Procedure in Sec.
                                 samples * * *.     63.7521(c) or ASTM
                                                    D2234-D2234M-03 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D6323-98 (2003) (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples * * *.     63.7521(d) or
                                                    equivalent.
                                c. Prepare         SW-846-3050B (for
                                 composited fuel    solid samples) or SW-
                                 samples * * *.     846-3020A (for
                                                    liquid samples) or
                                                    ASTM D2013-04 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D5198-92 (2003) (for
                                                    biomass (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                d. Determine heat  ASTM D5865-04 (for
                                 content of the     coal) (IBR, see Sec.
                                 fuel type * * *.     63.14(b)) or ASTM
                                                    E711-87 (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                e. Determine       ASTM D3173-03 (IBR,
                                 moisture content   see Sec.  63.14(b))
                                 of the fuel type   or ASTM E871-82
                                 * * *.             (IBR, see Sec.
                                                    63.14(b)) or
                                                    equivalent.
                                f. Measure total   SW-846-6010B or ASTM
                                 selected metals    D6357-04 (for
                                 concentration in   arsenic, beryllium,
                                 fuel sample * *    cadmium, chromium,
                                 *.                 lead, manganese, and
                                                    nickel for all solid
                                                    fuels) and ASTM
                                                    D4606-03 (for
                                                    selenium in coal)
                                                    (IBR, see Sec.
                                                    63.14(b)) or ASTM
                                                    E885-88 (1996) for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                g. Convert         .....................
                                 concentrations
                                 into units of
                                 pounds of
                                 pollutant per
                                 MMBtu of heat
                                 content.
3. Hydrogen Chloride * * *....  a. Collect fuel    Procedure in Sec.
                                 samples * * *.     63.7521(c) or ASTM
                                                    D2234-D2234M-03 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D6323-98 (2003) (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples * * *.     63.7521(d) or
                                                    equivalent.
                                c. Prepare         SW-846-3050B (for
                                 composited fuel    solid samples) or SW-
                                 samples * * *.     846-3020A (for
                                                    liquid samples) or
                                                    ASTM D2013-04 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D5198-92 (2003) (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.

[[Page 136]]

 
                                d. Determine heat  ASTM D5865-04 (for
                                 content of the     coal) (IBR, see Sec.
                                 fuel type * * *.     63.14(b)) or ASTM
                                                    E711-87 (1996) (for
                                                    biomass) (IBR, see
                                                    Sec.  63.14(b)) or
                                                    equivalent.
                                e. Determine       ASTM D3173-03 (IBR,
                                 moisture content   see Sec.  63.14(b))
                                 of the fuel type   or ASTM E871-82
                                 * * *.             (1998) or
                                                    equivalent.
                                f. Measure         SW-846-9250 or ASTM
                                 chlorine           D6721-01 (for coal)
                                 concentration in   or ASTM E776-87
                                 fuel sample * *    (1996) (for biomass)
                                 *.                 (IBR, see Sec.
                                                    63.14(b)) or
                                                    equivalent.
                                g. Convert         .....................
                                 concentrations
                                 into units of
                                 pounds of
                                 pollutant per
                                 MMBtu of heat
                                 content..
------------------------------------------------------------------------


[ 71 FR 70663, Dec. 6, 2006]

[[Page 137]]

   Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits

                     As stated in Sec.  63.7520, you must comply with the following requirements for establishing operating limits:
--------------------------------------------------------------------------------------------------------------------------------------------------------
 If you have an applicable emission    And your operating limits                                                              According to the following
           limit for . . .                 are based on . . .             You must . . .                Using . . .                  requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Particulate matter, mercury, or    a. Wet scrubber operating    i. Establish a site-         (1) Data from the pressure   (a) You must collect
 total selected metals.                parameters.                  specific minimum pressure    drop and liquid flow rate    pressure drop and liquid
                                                                    drop and minimum flow rate   monitors and the             flow-rate data every 15
                                                                    operating limit according    particulate matter,          minutes during the entire
                                                                    to Sec.  63.7530(c).        mercury, or total selected   period of the performance
                                                                                                 metals performance test.     tests;
                                                                                                                             (b) Determine the average
                                                                                                                              pressure drop and liquid
                                                                                                                              flow-rate for each
                                                                                                                              individual test run in the
                                                                                                                              three-run performance test
                                                                                                                              by computing the average
                                                                                                                              of all the 15-minute
                                                                                                                              readings taken during each
                                                                                                                              test run.
                                      b. Electrostatic             i. Establish a site-         (1) Data from the pressure   (a) You must collect
                                       precipitator operating       specific minimum voltage     drop and liquid flow rate    voltage and secondary
                                       parameters (option only      and secondary current or     monitors and the             current or total power
                                       for units with additional    total power input            particulate matter,          input data every 15
                                       wet scrubber control).       according to Sec.           mercury, or total selected   minutes during the entire
                                                                    63.7530(c).                  metals performance test.     period of the performance
                                                                                                                              tests;
                                                                                                                             (b) Determine the average
                                                                                                                              voltage and secondary
                                                                                                                              current or total power
                                                                                                                              input for each individual
                                                                                                                              test run in the three-run
                                                                                                                              performance test by
                                                                                                                              computing the average of
                                                                                                                              all the 15-minute readings
                                                                                                                              taken during each test
                                                                                                                              run.
2. Hydrogen Chloride................  a. Wet scrubber operating    i. Establish a site-         (1) Data from the pH,        (a) You must collect pH,
                                       parameters.                  specific minimum pressure    pressure drop, and liquid    pressure drop, and liquid
                                                                    drop and minimum flow rate   flow-rate monitors and the   flow-rate data every 15
                                                                    operating limit according    hydrogen chloride            minutes during the entire
                                                                    to Sec.  63.7530(c).        performance test.            period of the performance
                                                                                                                              tests;
                                                                                                                             (b) Determine the average
                                                                                                                              pH, pressure drop, and
                                                                                                                              liquid flow-rate for each
                                                                                                                              individual test run in the
                                                                                                                              three-run performance test
                                                                                                                              by computing the average
                                                                                                                              of all the 15-minute
                                                                                                                              readings taken during each
                                                                                                                              test run.
                                      b. Dry scrubber operating    i. Establish a site-         (1) Data from the sorbent    (a) You must collect
                                       parameters.                  specific minimum sorbent     injection rate monitors      sorbent injection rate
                                                                    injection rate operating     and hydrogen chloride        data every 15 minutes
                                                                    limit according to Sec.     performance test.            during the entire period
                                                                    63.7530(c).                                               of the performance tests;
                                                                                                                             (b) Determine the average
                                                                                                                              sorbent injection rate for
                                                                                                                              each individual test run
                                                                                                                              in the three-run
                                                                                                                              performance test by
                                                                                                                              computing the average of
                                                                                                                              all the 15-minute readings
                                                                                                                              taken during each test
                                                                                                                              run.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 138]]



   Sec. Table 8 to Subpart DDDDD of Part 63--Demonstrating Continuous 
                               Compliance

  As stated in Sec.  63.7540, you must show continuous compliance with
     the emission limitations for affected sources according to the
                               following:
------------------------------------------------------------------------
   If you must meet the following
 operating limits or work practice     You must demonstrate continuous
          standards . . .                    compliance by . . .
------------------------------------------------------------------------
1. Opacity.........................  a. Collecting the opacity
                                      monitoring system data according
                                      to Sec. Sec.  63.7525(b) and
                                      63.7535; and
                                     b. Reducing the opacity monitoring
                                      data to 6-minute averages; and
                                     c. Maintaining opacity to less than
                                      or equal to 20 percent (6-minute
                                      average) except for one 6-minute
                                      period per hour of not more than
                                      27 percent for existing sources;
                                      or maintaining opacity to less
                                      than or equal to 10 percent (1-
                                      hour block average) for new
                                      sources.
2. Fabric Filter Bag Leak Detection  Installing and operating a bag leak
 Operation.                           detection system according to Sec.
                                        63.7525 and operating the fabric
                                      filter such that the requirements
                                      in Sec.  63.7540(a)(9) are met.
3. Wet Scrubber Pressure Drop and    a. Collecting the pressure drop and
 Liquid Flow-rate.                    liquid flow rate monitoring system
                                      data according to Sec. Sec.
                                      63.7525 and 63.7535; and
                                     b. Reducing the data to 3-hour
                                      block averages; and
                                     c. Maintaining the 3-hour average
                                      pressure drop and liquid flow-rate
                                      at or above the operating limits
                                      established during the performance
                                      test according to Sec.
                                      63.7530(c).
4. Wet Scrubber pH.................  a. Collecting the pH monitoring
                                      system data according to Sec.
                                      Sec.  63.7525 and 63.7535; and
                                     b. Reducing the data to 3-hour
                                      block averages; and
                                     c. Maintaining the 3-hour average
                                      pH at or above the operating limit
                                      established during the performance
                                      test according to Sec.
                                      63.7530(c).
5. Dry Scrubber Sorbent or Carbon    a. Collecting the sorbent or carbon
 Injection Rate.                      injection rate monitoring system
                                      data for the dry scrubber
                                      according to Sec. Sec.  63.7525
                                      and 63.7535; and
                                     b. Reducing the data to 3-hour
                                      block averages; and
                                     c. Maintaining the 3-hour average
                                      sorbent or carbon injection rate
                                      at or above the operating limit
                                      established during the performance
                                      test according to Sec. Sec.
                                      63.7530(c).
6. Electrostatic Precipitator        a. Collecting the secondary current
 Secondary Current and Voltage or     and voltage or total power input
 Total Power Input.                   monitoring system data for the
                                      electrostatic precipitator
                                      according to Sec. Sec.  63.7525
                                      and 63.7535; and
                                     b. Reducing the data to 3-hour
                                      block averages; and
                                     c. Maintaining the 3-hour average
                                      secondary current and voltage or
                                      total power input at or above the
                                      operating limits established
                                      during the performance test
                                      according to Sec. Sec.
                                      63.7530(c).
7. Fuel Pollutant Content..........  a. Only burning the fuel types and
                                      fuel mixtures used to demonstrate
                                      compliance with the applicable
                                      emission limit according to Sec.
                                      63.7530(c) or (d) as applicable;
                                      and
                                     b. Keeping monthly records of fuel
                                      use according to Sec.
                                      63.7540(a).
------------------------------------------------------------------------



    Sec. Table 9 to Subpart DDDDD of Part 63--Reporting Requirements

     As stated in Sec.  63.7550, you must comply with the following
                        requirements for reports:
------------------------------------------------------------------------
                                 The report must     You must submit the
    You must submit a(n)          contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report........  a. Information        Semiannually
                               required in Sec.     according to the
                               63.7550(c)(1)         requirements in
                               through (11); and     Sec.  63.7550(b).

[[Page 139]]

 
                              b. If there are no
                               deviations from any
                               emission limitation
                               (emission limit and
                               operating limit)
                               that applies to you
                               and there are no
                               deviations from the
                               requirements for
                               work practice
                               standards in Table
                               8 to this subpart
                               that apply to you,
                               a statement that
                               there were no
                               deviations from the
                               emission
                               limitations and
                               work practice
                               standards during
                               the reporting
                               period. If there
                               were no periods
                               during which the
                               CMSs, including
                               continuous
                               emissions
                               monitoring system,
                               continuous opacity
                               monitoring system,
                               and operating
                               parameter
                               monitoring systems,
                               were out-of-control
                               as specified in
                               Sec.  63.8(c)(7),
                               a statement that
                               there were no
                               periods during
                               which the CMSs were
                               out-of-control
                               during the
                               reporting period;
                               and
                              c. If you have a
                               deviation from any
                               emission limitation
                               (emission limit and
                               operating limit) or
                               work practice
                               standard during the
                               reporting period,
                               the report must
                               contain the
                               information in Sec.
                                 63.7550(d). If
                               there were periods
                               during which the
                               CMSs, including
                               continuous
                               emissions
                               monitoring system,
                               continuous opacity
                               monitoring system,
                               and operating
                               parameter
                               monitoring systems,
                               were out-of-
                               control, as
                               specified in Sec.
                               63.8(c)(7), the
                               report must contain
                               the information in
                               Sec.  63.7550(e);
                               and
                              d. If you had a
                               startup, shutdown,
                               or malfunction
                               during the
                               reporting period
                               and you took
                               actions consistent
                               with your startup,
                               shutdown, and
                               malfunction plan,
                               the compliance
                               report must include
                               the information in
                               Sec.
                               63.10(d)(5)(i)
2. An immediate startup,      a. Actions taken for  i. By fax or
 shutdown, and malfunction     the event; and        telephone within 2
 report if you had a                                 working days after
 startup, shutdown, or                               starting actions
 malfunction during the                              inconsistent with
 reporting period that is                            the plan; and
 not consistent with your
 startup, shutdown, and
 malfunction plan, and the
 source exceeds any
 applicable emission
 limitation in the relevant
 emission standard.
                              b. The information    ii. By letter within
                               in Sec.              7 working days
                               63.10(d)(5)(ii)       after the end of
                                                     the event unless
                                                     you have made
                                                     alternative
                                                     arrangements with
                                                     the permitting
                                                     authority.
------------------------------------------------------------------------


[[Page 140]]

     Table 10 to Subpart DDDDD of Part 63--Applicability of General 
                       Provisions to Subpart DDDDD

 As stated in Sec.  63.7565, you must comply with the applicable General Provisions according to the following:
----------------------------------------------------------------------------------------------------------------
              Citation                         Subject                Brief description           Applicable
----------------------------------------------------------------------------------------------------------------
Sec.  63.1........................  Applicability.............  Initial Applicability       Yes.
                                                                  Determination;
                                                                  Applicability After
                                                                  Standard Established;
                                                                  Permit Requirements;
                                                                  Extensions, Notifications.
Sec.  63.2........................  Definitions...............  Definitions for part 63     Yes.
                                                                  standards.
Sec.  63.3........................  Units and Abbreviations...  Units and abbreviations     Yes.
                                                                  for part 63 standards.
Sec.  63.4........................  Prohibited Activities.....  Prohibited Activities;      Yes.
                                                                  Compliance date;
                                                                  Circumvention,
                                                                  Severability.
Sec.  63.5........................  Construction/               Applicability;              Yes.
                                      Reconstruction.             applications; approvals.
Sec.  63.6(a).....................  Applicability.............  GP apply unless compliance  Yes.
                                                                  extension; and GP apply
                                                                  to area sources that
                                                                  become major.
Sec.  63.6(b)(1)-(4)..............  Compliance Dates for New    Standards apply at          Yes.
                                      and Reconstructed sources.  effective date; 3 years
                                                                  after effective date;
                                                                  upon startup; 10 years
                                                                  after construction or
                                                                  reconstruction commences
                                                                  for 112(f).
Sec.  63.6(b)(5)..................  Notification..............  Must notify if commenced    Yes.
                                                                  construction or
                                                                  reconstruction after
                                                                  proposal.
Sec.  63.6(b)(6)..................  [Reserved]
Sec.  63.6(b)(7)..................  Compliance Dates for New    Area sources that become    Yes.
                                      and Reconstructed Area      major must comply with
                                      Sources That Become Major.  major source standards
                                                                  immediately upon becoming
                                                                  major, regardless of
                                                                  whether required to
                                                                  comply when they were an
                                                                  area source.
Sec.  63.6(c)(1)-(2)..............  Compliance Dates for        Comply according to date    Yes.
                                      Existing Sources.           in subpart, which must be
                                                                  no later than 3 years
                                                                  after effective date; and
                                                                  for 112(f) standards,
                                                                  comply within 90 days of
                                                                  effective date unless
                                                                  compliance extension.
Sec.  63.6(c)(3)-(4)..............  [Reserved]
Sec.  63.6(c)(5)..................  Compliance Dates for        Area sources that become    Yes.
                                      Existing Area Sources       major must comply with
                                      That Become Major.          major source standards by
                                                                  date indicated in subpart
                                                                  or by equivalent time
                                                                  period (for example, 3
                                                                  years).
Sec.  63.6(d).....................  [Reserved]
Sec.  63.6(e)(1)-(2)..............  Operation & Maintenance...  Operate to minimize         Yes.
                                                                  emissions at all times;
                                                                  and Correct malfunctions
                                                                  as soon as practicable;
                                                                  and Operation and
                                                                  maintenance requirements
                                                                  independently
                                                                  enforceable; information
                                                                  Administrator will use to
                                                                  determine if operation
                                                                  and maintenance
                                                                  requirements were met.
Sec.  63.6(e)(3)..................  Startup, Shutdown, and      Requirement for SSM and     Yes.
                                      Malfunction Plan (SSMP).    startup, shutdown,
                                                                  malfunction plan; and
                                                                  content of SSMP.
Sec.  63.6(f)(1)..................  Compliance Except During    Comply with emission        Yes.
                                      SSM.                        standards at all times
                                                                  except during SSM.
Sec.  63.6(f)(2)-(3)..............  Methods for Determining     Compliance based on         Yes.
                                      Compliance.                 performance test,
                                                                  operation and maintenance
                                                                  plans, records,
                                                                  inspection.
Sec.  63.6(g)(1)-(3)..............  Alternative Standard......  Procedures for getting an   Yes.
                                                                  alternative standard.
Sec.  63.6(h)(1)..................  Compliance with Opacity/VE  Comply with opacity/VE      Yes.
                                      Standards.                  emission limitations at
                                                                  all times except during
                                                                  SSM.

[[Page 141]]

 
Sec.  63.6(h)(2)(i)...............  Determining Compliance      If standard does not state  No.
                                      with Opacity/Visible        test method, use Method 9
                                      Emission (VE) Standards.    for opacity and Method 22
                                                                  for VE.
Sec.  63.6(h)(2)(ii)..............  [Reserved]
Sec.  63.6(h)(2)(iii).............  Using Previous Tests to     Criteria for when previous  Yes.
                                      Demonstrate Compliance      opacity/VE testing can be
                                      with Opacity/VE Standards   used to show compliance
                                                                  with this subpart.
Sec.  63.6(h)(3)..................  [Reserved]
Sec.  63.6(h)(4)..................  Notification of Opacity/VE  Notify Administrator of     No.
                                      Observation Date.           anticipated date of
                                                                  observation.
Sec.  63.6(h)(5)(i),(iii)-(v).....  Conducting Opacity/VE       Dates and Schedule for      No.
                                      Observations.               conducting opacity/VE
                                                                  observations.
Sec.  63.6(h)(5)(ii)..............  Opacity Test Duration and   Must have at least 3 hours  No.
                                      Averaging Times.            of observation with
                                                                  thirty, 6-minute averages.
Sec.  63.6(h)(6)..................  Records of Conditions       Keep records available and  No.
                                      During Opacity/VE           allow Administrator to
                                      observations.               inspect.
Sec.  63.6(h)(7)(i)...............  Report continuous opacity   Submit continuous opacity   Yes.
                                      monitoring system           monitoring system data
                                      Monitoring Data from        with other performance
                                      Performance Test.           test data.
Sec.  63.6(h)(7)(ii)..............  Using continuous opacity    Can submit continuous       No.
                                      monitoring system instead   opacity monitoring system
                                      of Method 9.                data instead of Method 9
                                                                  results even if subpart
                                                                  requires Method 9, but
                                                                  must notify Administrator
                                                                  before performance test.
Sec.  63.6(h)(7)(iii).............  Averaging time for          To determine compliance,    Yes.
                                      continuous opacity          must reduce continuous
                                      monitoring system during    opacity monitoring system
                                      performance test.           data to 6-minute averages.
Sec.  63.6(h)(7)(iv)..............  Continuous opacity          Demonstrate that            Yes.
                                      monitoring system           continuous opacity
                                      requirements.               monitoring system
                                                                  performance evaluations
                                                                  are conducted according
                                                                  to Sec. Sec.  63.8(e),
                                                                  continuous opacity
                                                                  monitoring systems are
                                                                  properly maintained and
                                                                  operated according to
                                                                  Sec.  63.8(c) and data
                                                                  quality as Sec.  63.8(d).
Sec.  63.6(h)(7)(v)...............  Determining Compliance      Continuous opacity          Yes.
                                      with Opacity/VE Standards.  monitoring system is
                                                                  probative but not
                                                                  conclusive evidence of
                                                                  compliance with opacity
                                                                  standard, even if Method
                                                                  9 observation shows
                                                                  otherwise. Requirements
                                                                  for continuous opacity
                                                                  monitoring system to be
                                                                  probative evidence-proper
                                                                  maintenance, meeting PS
                                                                  1, and data have not been
                                                                  altered.
Sec.  63.6(h)(8)..................  Determining Compliance      Administrator will use all  Yes.
                                      with Opacity/VE Standards.  continuous opacity
                                                                  monitoring system, Method
                                                                  9, and Method 22 results,
                                                                  as well as information
                                                                  about operation and
                                                                  maintenance to determine
                                                                  compliance.
Sec.  63.6(h)(9)..................  Adjusted Opacity Standard.  Procedures for              Yes.
                                                                  Administrator to adjust
                                                                  an opacity standard.
Sec.  63.6(i)(1)-(14).............  Compliance Extension......  Procedures and criteria     Yes.
                                                                  for Administrator to
                                                                  grant compliance
                                                                  extension.
Sec.  63.6(j).....................  Presidential Compliance     President may exempt        Yes.
                                      Exemption.                  source category from
                                                                  requirement to comply
                                                                  with rule.
Sec.  63.7(a)(1)..................  Performance Test Dates....  Dates for Conducting        Yes.
                                                                  Initial Performance
                                                                  Testing and Other
                                                                  Compliance Demonstrations.
Sec.  63.7(a)(2)..................  Performance Test Dates....  New source with initial     Yes.
                                                                  startup date before
                                                                  effective date has 180
                                                                  days after effective date
                                                                  to demonstrate compliance
Sec.  63.7(a)(2)(ii-viii).........  [Reserved]

[[Page 142]]

 
Sec.  63.7(a)(2)(ix)..............  Performance Test Dates....  1. New source that          Yes.
                                                                  commenced construction
                                                                  between proposal and
                                                                  promulgation dates, when
                                                                  promulgated standard is
                                                                  more stringent than
                                                                  proposed standard, has
                                                                  180 days after effective
                                                                  date or 180 days after
                                                                  startup of source,
                                                                  whichever is later, to
                                                                  demonstrate compliance;
                                                                  and.
                                                                 2. If source initially      No.
                                                                  demonstrates compliance
                                                                  with less stringent
                                                                  proposed standard, it has
                                                                  3 years and 180 days
                                                                  after the effective date
                                                                  of the standard or 180
                                                                  days after startup of
                                                                  source, whichever is
                                                                  later, to demonstrate
                                                                  compliance with
                                                                  promulgated standard.
Sec.  63.7(a)(3)..................  Section 114 Authority.....  Administrator may require   Yes.
                                                                  a performance test under
                                                                  CAA Section 114 at any
                                                                  time.
Sec.  63.7(b)(1)..................  Notification of             Must notify Administrator   No.
                                      Performance Test.           60 days before the test.
Sec.  63.7(b)(2)..................  Notification of             If rescheduling a           Yes.
                                      Rescheduling.               performance test is
                                                                  necessary, must notify
                                                                  Administrator 5 days
                                                                  before scheduled date of
                                                                  rescheduled date.
Sec.  63.7(c).....................  Quality Assurance/Test      Requirement to submit site- Yes.
                                      Plan.                       specific test plan 60
                                                                  days before the test or
                                                                  on date Administrator
                                                                  agrees with: test plan
                                                                  approval procedures; and
                                                                  performance audit
                                                                  requirements; and
                                                                  internal and external QA
                                                                  procedures for testing.
Sec.  63.7(d).....................  Testing Facilities........  Requirements for testing    Yes.
                                                                  facilities.
Sec.  63.7(e)(1)..................  Conditions for Conducting   1. Performance tests must   No.
                                      Performance Tests.          be conducted under
                                                                  representative
                                                                  conditions; and
                                                                 2. Cannot conduct           Yes.
                                                                  performance tests during
                                                                  SSM; and
                                                                 3. Not a deviation to       Yes.
                                                                  exceed standard during
                                                                  SSM; and
                                                                 4. Upon request of          Yes.
                                                                  Administrator, make
                                                                  available records
                                                                  necessary to determine
                                                                  conditions of performance
                                                                  tests.
Sec.  63.7(e)(2)..................  Conditions for Conducting   Must conduct according to   Yes.
                                      Performance Tests.          rule and EPA test methods
                                                                  unless Administrator
                                                                  approves alternative.
Sec.  63.7(e)(3)..................  Test Run Duration.........  Must have three separate    Yes.
                                                                  test runs; and Compliance
                                                                  is based on arithmetic
                                                                  mean of three runs; and
                                                                  conditions when data from
                                                                  an additional test run
                                                                  can be used.
Sec.  63.7(e)(4)..................  Interaction with other      Nothing in Sec.            Yes.
                                      sections of the Act.        63.7(e)(1) through (4)
                                                                  can abrogate the
                                                                  Administrator's authority
                                                                  to require testing under
                                                                  Section 114 of the Act.
Sec.  63.7(f).....................  Alternative Test Method...  Procedures by which         Yes.
                                                                  Administrator can grant
                                                                  approval to use an
                                                                  alternative test method.
Sec.  63.7(g).....................  Performance Test Data       Must include raw data in    Yes.
                                      Analysis.                   performance test report;
                                                                  and must submit
                                                                  performance test data 60
                                                                  days after end of test
                                                                  with the Notification of
                                                                  Compliance Status; and
                                                                  keep data for 5 years.

[[Page 143]]

 
Sec.  63.7(h).....................  Waiver of Tests...........  Procedures for              Yes.
                                                                  Administrator to waive
                                                                  performance test.
Sec.  63.8(a)(1)..................  Applicability of            Subject to all monitoring   Yes.
                                      Monitoring Requirements.    requirements in standard.
Sec.  63.8(a)(2)..................  Performance Specifications  Performance Specifications  Yes.
                                                                  in appendix B of part 60
                                                                  apply.
Sec.  63.8(a)(3)..................  [Reserved]
Sec.  63.8(a)(4)..................  Monitoring with Flares....  Unless your rule says       No.
                                                                  otherwise, the
                                                                  requirements for flares
                                                                  in Sec.  63.11 apply.
Sec.  63.8(b)(1)(i)-(ii)..........  Monitoring................  Must conduct monitoring     Yes.
                                                                  according to standard
                                                                  unless Administrator
                                                                  approves alternative.
Sec.  63.8(b)(1)(iii).............  Monitoring................  Flares not subject to this  No.
                                                                  section unless otherwise
                                                                  specified in relevant
                                                                  standard.
Sec.  63.8(b)(2)-(3)..............  Multiple Effluents and      Specific requirements for   Yes.
                                      Multiple Monitoring         installing monitoring
                                      Systems.                    systems; and must install
                                                                  on each effluent before
                                                                  it is combined and before
                                                                  it is released to the
                                                                  atmosphere unless
                                                                  Administrator approves
                                                                  otherwise; and if more
                                                                  than one monitoring
                                                                  system on an emission
                                                                  point, must report all
                                                                  monitoring system
                                                                  results, unless one
                                                                  monitoring system is a
                                                                  backup.
Sec.  63.8(c)(1)..................  Monitoring System           Maintain monitoring system  Yes.
                                      Operation and Maintenance.  in a manner consistent
                                                                  with good air pollution
                                                                  control practices.
Sec.  63.8(c)(1)(i)...............  Routine and Predictable     Maintain and operate CMS    Yes.
                                      SSM.                        according to Sec.
                                                                  63.6(e)(1).
Sec.  63.8(c)(1)(ii)..............  SSM not in SSMP...........  Must keep necessary parts   Yes.
                                                                  available for routine
                                                                  repairs of CMSs.
Sec.  63.8(c)(1)(iii).............  Compliance with Operation   Must develop an SSMP for    Yes.
                                      and Maintenance.            CMS.
Sec.  63.8(c)(2)-(3)..............  Monitoring System           Must install to get         Yes.
                                      Installation.               representative emission
                                                                  and parameter
                                                                  measurements; and must
                                                                  verify operational status
                                                                  before or at performance
                                                                  test.
Sec.  63.8(c)(4)..................  Continuous Monitoring       CMSs must be operating      No.
                                      System (CMS) Requirements.  except during breakdown,
                                                                  out-of-control, repair,
                                                                  maintenance, and high-
                                                                  level calibration drifts.
Sec.  63.8(c)(4)(i)...............  Continuous Monitoring       Continuous opacity          Yes.
                                      System (CMS) Requirements.  monitoring system must
                                                                  have a minimum of one
                                                                  cycle of sampling and
                                                                  analysis for each
                                                                  successive 10-second
                                                                  period and one cycle of
                                                                  data recording for each
                                                                  successive 6-minute
                                                                  period.
Sec.  63.8(c)(4)(ii)..............  Continuous Monitoring       Continuous emissions        No.
                                      System (CMS) Requirements.  monitoring system must
                                                                  have a minimum of one
                                                                  cycle of operation for
                                                                  each successive 15-minute
                                                                  period.
Sec.  63.8(c)(5)..................  Continuous Opacity          Must do daily zero and      Yes.
                                      Monitoring system (COMS)    high level calibrations.
                                      Requirements.
Sec.  63.8(c)(6)..................  Continuous Monitoring       Must do daily zero and      No.
                                      System (CMS) Requirements.  high level calibrations.
Sec.  63.8(c)(7)-(8)..............  Continuous Monitoring       Out-of-control periods,     Yes.
                                      Systems Requirements.       including reporting.
Sec.  63.8(d).....................  Continuous Monitoring       Requirements for            Yes.
                                      Systems Quality Control.    continuous monitoring
                                                                  systems quality control,
                                                                  including calibration,
                                                                  etc.; and must keep
                                                                  quality control plan on
                                                                  record for the life of
                                                                  the affected source. Keep
                                                                  old versions for 5 years
                                                                  after revisions.
Sec.  63.8(e).....................  Continuous monitoring       Notification, performance   Yes.
                                      systems Performance         evaluation test plan,
                                      Evaluation.                 reports.

[[Page 144]]

 
Sec.  63.8(f)(1)-(5)..............  Alternative Monitoring      Procedures for              Yes.
                                      Method.                     Administrator to approve
                                                                  alternative monitoring.
Sec.  63.8(f)(6)..................  Alternative to Relative     Procedures for              No.
                                      Accuracy Test.              Administrator to approve
                                                                  alternative relative
                                                                  accuracy tests for
                                                                  continuous emissions
                                                                  monitoring system.
Sec.  63.8(g)(1)-(4)..............  Data Reduction............  Continuous opacity          Yes.
                                                                  monitoring system 6-
                                                                  minute averages
                                                                  calculated over at least
                                                                  36 evenly spaced data
                                                                  points; and continuous
                                                                  emissions monitoring
                                                                  system 1-hour averages
                                                                  computed over at least 4
                                                                  equally spaced data
                                                                  points.
Sec.  63.8(g)(5)..................  Data Reduction............  Data that cannot be used    No.
                                                                  in computing averages for
                                                                  continuous emissions
                                                                  monitoring system and
                                                                  continuous opacity
                                                                  monitoring system.
Sec.  63.9(a).....................  Notification Requirements.  Applicability and State     Yes.
                                                                  Delegation.
Sec.  63.9(b)(1)-(5)..............  Initial Notifications.....  Submit notification 120     Yes.
                                                                  days after effective
                                                                  date; and Notification of
                                                                  intent to construct/
                                                                  reconstruct; and
                                                                  Notification of
                                                                  commencement of construct/
                                                                  reconstruct; Notification
                                                                  of startup; and Contents
                                                                  of each.
Sec.  63.9(c).....................  Request for Compliance      Can request if cannot       Yes.
                                      Extension.                  comply by date or if
                                                                  installed BACT/LAER.
Sec.  63.9(d).....................  Notification of Special     For sources that commence   Yes.
                                      Compliance Requirements     construction between
                                      for New Source.             proposal and promulgation
                                                                  and want to comply 3
                                                                  years after effective
                                                                  date.
Sec.  63.9(e).....................  Notification of             Notify Administrator 60     No.
                                      Performance Test.           days prior.
Sec.  63.9(f).....................  Notification of VE/Opacity  Notify Administrator 30     No.
                                      Test.                       days prior.
Sec.  63.9(g).....................  Additional Notifications    Notification of             Yes.
                                      When Using Continuous       performance evaluation;
                                      Monitoring Systems.         and notification using
                                                                  continuous opacity
                                                                  monitoring system data;
                                                                  and notification that
                                                                  exceeded criterion for
                                                                  relative accuracy.
Sec.  63.9(h)(1)-(6)..............  Notification of Compliance  Contents; and due 60 days   Yes.
                                      Status.                     after end of performance
                                                                  test or other compliance
                                                                  demonstration, and when
                                                                  to submit to Federal vs.
                                                                  State authority.
Sec.  63.9(i).....................  Adjustment of Submittal     Procedures for              Yes.
                                      Deadlines.                  Administrator to approve
                                                                  change in when
                                                                  notifications must be
                                                                  submitted.
Sec.  63.9(j).....................  Change in Previous          Must submit within 15 days  Yes.
                                      Information.                after the change.
Sec.  63.10(a)....................  Recordkeeping/Reporting...  Applies to all, unless      Yes.
                                                                  compliance extension; and
                                                                  when to submit to Federal
                                                                  vs. State authority; and
                                                                  procedures for owners of
                                                                  more than 1 source.
Sec.  63.10(b)(1).................  Recordkeeping/Reporting...  General Requirements; and   Yes.
                                                                  keep all records readily
                                                                  available and keep for 5
                                                                  years.
Sec.  63.10(b)(2)(i)-(v)..........  Records related to          Occurrence of each of       Yes.
                                      Startup, Shutdown, and      operation (process,
                                      Malfunction.                equipment); and
                                                                  occurrence of each
                                                                  malfunction of air
                                                                  pollution equipment; and
                                                                  maintenance of air
                                                                  pollution control
                                                                  equipment; and actions
                                                                  during startup, shutdown,
                                                                  and malfunction.

[[Page 145]]

 
Sec.  63.10(b)(2)(vi) and (x-xi)..  Continuous monitoring       Malfunctions, inoperative,  Yes.
                                      systems Records.            out-of-control; and
                                                                  calibration checks; and
                                                                  adjustments, maintenance.
Sec.  63.10(b)(2)(vii)-(ix).......  Records...................  Measurements to             Yes.
                                                                  demonstrate compliance
                                                                  with emission
                                                                  limitations; and
                                                                  performance test,
                                                                  performance evaluation,
                                                                  and visible emission
                                                                  observation results; and
                                                                  measurements to determine
                                                                  conditions of performance
                                                                  tests and performance
                                                                  evaluations.
Sec.  63.10(b)(2)(xii)............  Records...................  Records when under waiver.  Yes.
Sec.  63.10(b)(2)(xiii)...........  Records...................  Records when using          No.
                                                                  alternative to relative
                                                                  accuracy test.
Sec.  63.10(b)(2)(xiv)............  Records...................  All documentation           Yes.
                                                                  supporting Initial
                                                                  Notification and
                                                                  Notification of
                                                                  Compliance Status.
Sec.  63.10(b)(3).................  Records...................  Applicability               Yes.
                                                                  Determinations.
Sec.  63.10(c)(1),(5)-(8),(10)-     Records...................  Additional Records for      Yes.
 (15).                                                            continuous monitoring
                                                                  systems.
Sec.  63.10(c)(7)-(8).............  Records...................  Records of excess           No.
                                                                  emissions and parameter
                                                                  monitoring exceedances
                                                                  for continuous monitoring
                                                                  systems.
Sec.  63.10(d)(1).................  General Reporting           Requirement to report.....  Yes.
                                      Requirements.
Sec.  63.10(d)(2).................  Report of Performance Test  When to submit to Federal   Yes.
                                      Results.                    or State authority.
Sec.  63.10(d)(3).................  Reporting Opacity or VE     What to report and when...  Yes.
                                      Observations.
Sec.  63.10(d)(4).................  Progress Reports..........  Must submit progress        Yes.
                                                                  reports on schedule if
                                                                  under compliance
                                                                  extension.
Sec.  63.10(d)(5).................  Startup, Shutdown, and      Contents and submission...  Yes.
                                      Malfunction Reports.
Sec.  63.10(e)(1)(2)..............  Additional continuous       Must report results for     Yes.
                                      monitoring systems          each CEM on a unit; and
                                      Reports.                    written copy of
                                                                  performance evaluation;
                                                                  and 3 copies of
                                                                  continuous opacity
                                                                  monitoring system
                                                                  performance evaluation.
Sec.  63.10(e)(3).................  Reports...................  Excess Emission Reports...  No.
Sec.  63.10(e)(3)(i-iii)..........  Reports...................  Schedule for reporting      No.
                                                                  excess emissions and
                                                                  parameter monitor
                                                                  exceedance (now defined
                                                                  as deviations).
Sec.  63.10(e)(3)(iv-v)...........  Excess Emissions Reports..  Requirement to revert to    No.
                                                                  quarterly submission if
                                                                  there is an excess
                                                                  emissions and parameter
                                                                  monitor exceedance (now
                                                                  defined as deviations);
                                                                  and provision to request
                                                                  semiannual reporting
                                                                  after compliance for one
                                                                  year; and submit report
                                                                  by 30th day following end
                                                                  of quarter or calendar
                                                                  half; and if there has
                                                                  not been an exceedance or
                                                                  excess emission (now
                                                                  defined as deviations),
                                                                  report contents is a
                                                                  statement that there have
                                                                  been no deviations.
Sec.  63.10(e)(3)(iv-v)...........  Excess Emissions Reports..  Must submit report          No.
                                                                  containing all of the
                                                                  information in Sec.
                                                                  63.10(c)(5-13), Sec.
                                                                  63.8(c)(7-8).
Sec.  63.10(e)(3)(vi-viii)........  Excess Emissions Report     Requirements for reporting  No.
                                      and Summary Report.         excess emissions for
                                                                  continuous monitoring
                                                                  systems (now called
                                                                  deviations); Requires all
                                                                  of the information in
                                                                  Sec.  63.10(c)(5-13),
                                                                  Sec.  63.8(c)(7-8).
Sec.  63.10(e)(4).................  Reporting continuous        Must submit continuous      Yes.
                                      opacity monitoring system   opacity monitoring system
                                      data.                       data with performance
                                                                  test data.
Sec.  63.10(f)....................  Waiver for Recordkeeping/   Procedures for              Yes.
                                      Reporting.                  Administrator to waive.
Sec.  63.11.......................  Flares....................  Requirements for flares...  No.

[[Page 146]]

 
Sec.  63.12.......................  Delegation................  State authority to enforce  Yes.
                                                                  standards.
Sec.  63.13.......................  Addresses.................  Addresses where reports,    Yes.
                                                                  notifications, and
                                                                  requests are sent.
Sec.  63.14.......................  Incorporation by Reference  Test methods incorporated   Yes.
                                                                  by reference.
Sec.  63.15.......................  Availability of             Public and confidential     Yes.
                                      Information.                Information.
----------------------------------------------------------------------------------------------------------------


[[Page 147]]


[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 20468, Apr. 20, 2006]



 Sec. Appendix A to Subpart DDDDD of Part 63--Methodology and Criteria 
     for Demonstrating Eligibility for the Health-Based Compliance 
                              Alternatives

                         1. Purpose/Introduction

    This appendix provides the methodology and criteria for 
demonstrating that your affected source is eligible for the compliance 
alternative for the HCl emission limit and/or the total selected metals 
(TSM) emission limit. This appendix specifies emissions testing methods 
that you must use to determine HCl, chlorine, and manganese emissions 
from the affected units and what parts of the affected source facility 
must be included in the eligibility demonstration. You must demonstrate 
that your affected source is eligible for the health-based compliance 
alternatives using either a look-up table analysis (based on the look-up 
tables included in this appendix) or a site-specific compliance 
demonstration performed according to the criteria specified in this 
appendix. This appendix also specifies how and when you file any 
eligibility demonstrations for your affected source and how to show that 
your affected source remains eligible for the health-based compliance 
alternatives in the future.

2. Who Is Eligible To Demonstrate That They Qualify for the Health-Based 
                        Compliance Alternatives?

    Each new, reconstructed, or existing affected source may demonstrate 
that they are eligible for the health-based compliance alternatives. 
Section 63.7490 of subpart DDDDD defines the affected source and 
explains which affected sources are new, existing, or reconstructed.

  3. What Parts of My Facility Have To Be Included in the Health-Based 
                       Eligibility Demonstration?

    If you are attempting to determine your eligibility for the 
compliance alternative for HCl, you must include every emission point 
subject to subpart DDDDD that emits either HCl or Cl2 in the 
eligibility demonstration.
    If you are attempting to determine your eligibility for the 
compliance alternative for TSM, you must include every emission point 
subject to subpart DDDDD that emits manganese in the eligibility 
demonstration.

      4. How Do I Determine HAP Emissions From My Affected Source?

    (a) You must conduct HAP emissions tests or fuel analysis for every 
emission point covered under subpart DDDDD within the affected source 
facility according to the requirements in paragraphs (b) through (f) of 
this section and the methods specified in Table 1 of this appendix.
    (1) If you are attempting to determine your eligibility for the 
compliance alternative for HCl, you must test the subpart DDDDD units at 
your facility for both HCl and Cl2. When conducting fuel 
analysis, you must assume any chlorine detected will be emitted as 
Cl2.
    (2) If you are attempting to determine your eligibility for the 
compliance alternative for TSM, you must test the subpart DDDDD units at 
your facility for manganese.
    (b) Periods when emissions tests must be conducted. (1) You must not 
conduct emissions tests during periods of startup, shutdown, or 
malfunction, as specified in Sec. 63.7(e)(1).
    (2) You must test under worst-case operating conditions as defined 
in this appendix. You must describe your worst-case operating conditions 
in your performance test report for the process and control systems (if 
applicable) and explain why the conditions are worst-case.
    (c) Number of test runs. You must conduct three separate test runs 
for each test required in this section, as specified in Sec. 
63.7(e)(3). Each test run must last at least 1 hour.
    (d) Sampling locations. Sampling sites must be located at the outlet 
of the control device and prior to any releases to the atmosphere.
    (e) Collection of monitoring data for HAP control devices. During 
the emissions test, you must collect operating parameter monitoring 
system data at least every 15 minutes during the entire emissions test 
and establish the site-specific operating requirements in Tables 3 or 4, 
as appropriate, of subpart DDDDD using data from the monitoring system 
and the procedures specified in Sec. 63.7530 of subpart DDDDD.
    (f) Nondetect data. You may treat emissions of an individual HAP as 
zero if all of the test runs result in a nondetect measurement and the 
condition in paragraph (f)(1) of this section is met for the manganese 
test method. Otherwise, nondetect data for individual HAP must be 
treated as one-half of the method detection limit.
    (1) For manganese measured using Method 29 in appendix A to 40 CFR 
part 60, you analyze samples using atomic absorption spectroscopy (AAS).
    (g) You must determine the maximum hourly emission rate for each 
appropriate emission point according to Equation 1 of this appendix. An 
appropriate emission point is any emission point emitting HCl, 
Cl2, or Manganese from a subpart DDDDD emission unit.

[[Page 148]]

[GRAPHIC] [TIFF OMITTED] TR28DE05.000

Where:

Ei,s = maximum hourly emission rate for HAP i at each 
emission point s associated with a subpart DDDDD emission unit j, lbs/hr
i = applicable HAP, where i = (HCl, Cl2, or Manganese) s = 
individual emission point
j = each subpart DDDDD emission unit associated with an emission point, 
s
t = total number of subpart DDDDD emission units associated with an 
emission point s
Ri,j = emission rate (the 3-run average as determined 
according to table 1 of this appendix or the pollutant concentration in 
the fuel samples analyzed according to Sec. 63.7521) for HAP i at 
subpart DDDDD emission unit j associated with emission point s, lb per 
million Btu.
Ij = Maximum rated heat input capacity of each subpart DDDDD 
unit j emitting HAP i associated with emission point s, million Btu per 
hour.

5. What Are the Criteria for Determining If My Facility Is Eligible for 
                the Health-Based Compliance Alternatives?

    (a) Determine the HAP emissions from each appropriate emission point 
within the affected source facility using the procedures specified in 
section 4 of this appendix.
    (b) Demonstrate that your facility is eligible for either of the 
health-based compliance alternatives using either the methods described 
in section 6 of this appendix (look-up table analysis) or section 7 of 
this appendix (site-specific compliance demonstration).
    (c) Your facility is eligible for the health-based compliance 
alternative for HCl if one of the following two statements is true:
    (1) The calculated HCl-equivalent emission rate is below the 
appropriate value in the look-up table;
    (2) Your site-specific compliance demonstration indicates that none 
of your HI values for HCl and CL2 are greater than 1.0 at 
locations where people live or congregate (e.g., schools, daycare 
centers, etc.);
    (d) Your facility is eligible for the health-based compliance 
alternative for TSM if one of the following two statements is true:
    (1) The manganese emission rate for all your subpart DDDDD sources 
is below the appropriate value in the look-up table;
    (2) Your site-specific compliance demonstration indicates that none 
of your HQ values for manganese are greater than 1.0 at locations where 
people live or congregate (e.g., schools, daycare centers, etc.).

              6. How Do I Conduct a Look-Up Table Analysis?

    You may use look-up tables to demonstrate that your facility is 
eligible for either the compliance alternative for HCl emissions limit 
or the compliance alternative for the TSM emissions limit, unless your 
permitting authority determines that the look-up table analysis in this 
section is not applicable to your facility on technical grounds due to 
site-specific variations that are not accounted for in the look-up table 
analysis (e.g. presence of complex terrain, rain caps, or building 
downwash effects).
    (a) HCl compliance alternative. (1) Using the emission rates for HCl 
and Cl2 determined according to section 4 of this appendix, 
calculate, using equation 2 of this appendix, the toxicity-weighted 
emission rate (expressed in HCl-equivalents) for each emission point 
that emits HCl or Cl2 from any subpart DDDDD sources. Then, 
calculate the weighted average stack height using equation 3 of this 
appendix.
[GRAPHIC] [TIFF OMITTED] TR28DE05.001

Where:

TWs = the toxicity-weighted emission rate (in HCl-equivalent) 
for each emission point s, lb/hr.
s = individual emission points
EHCl,s = the maximum hourly emission rate for HCl at emission 
point s, lb/hr
ECl2,s = the maximum hourly emission rate for Cl2 
at emission point s, lb/hr
RVCl2 = the reference value for Cl2
RVHCl = the reference value for HCl
(reference values for HCl and Cl2 can be found at http://
www.epa.gov/ttn/atw/toxsource/summary.html).

[[Page 149]]

[GRAPHIC] [TIFF OMITTED] TR28DE05.002

Where:

HHCl = weighted average stack height for determining the 
maximum allowable HCl-equivalent emission rate (in Table 2 to this 
appendix), m.
s = individual emission points
n = total number of emission points
TWs = toxicity-weighted HCl-equivalent emission rate from 
each emission point (from equation 2), lb/hr.
Hs = height of each individual stack, m
TWT = total toxicity-weighted HCl-equivalent emission rate 
from the source (summed for all emission points), lb/hr.

    (2) Calculate the total toxicity-weighted emission rate for your 
affected source by summing the toxicity-weighted emission rate for each 
appropriate subpart DDDDD emission point.
    (3) Using the weighted average stack height and the minimum distance 
between any appropriate subpart DDDDD emission point at the source and 
the property boundary, identify the appropriate maximum allowable 
toxicity weighted emission rate for your affected source, expressed in 
HCl-equivalents, from table 2 of this appendix. Appropriate emission 
points are those that emit HCl or Cl2, or both, from subpart 
DDDDD units. If one or both of these values does not match the exact 
values in the look-up tables, then use the next lowest table value. 
(Note: If your weighted average stack height is less than 5 meters (m), 
you must use the 5 meter row.) Your affected source is eligible to 
comply with the health-based alternative for HCl emissions if the value 
calculated in paragraph (a)(2) of this section, determined using the 
methods specified in this appendix, does not exceed the appropriate 
value in table 2 of this appendix.
    (b) TSM Compliance Alternative. Using the emission rates for 
manganese determined according to section 4 of this appendix, calculate 
the total manganese emission rate for your affected source by summing 
the maximum hourly manganese emission rates for all your subpart DDDDD 
units. Identify the appropriate allowable emission rate in table 3 of 
this appendix for your affected source using the weighted average stack 
height value and the minimum distance between any appropriate subpart 
DDDDD emission point at the facility and the property boundary. 
Appropriate emission points are those that emit manganese from subpart 
DDDDD units. If one or both of these values does not match the exact 
values in the look-up tables, then use the next lowest table value. 
(Note: If your weighted average stack height is less than 5 meters, you 
must use the 5 meter row.) Your affected source is eligible to comply 
with the health-based alternative for manganese emissions and may 
exclude manganese when demonstrating compliance with the TSM emission 
limit if the total manganese emission rate, determined using the methods 
specified in this appendix, does not exceed the appropriate value 
specified in table 3 of this appendix.
[GRAPHIC] [TIFF OMITTED] TR28DE05.003

Where:
HMn = weighted average stack height for determining the 
maximum allowable emission rate for manganese (in table 3 to this 
appendix), m.
s = individual emission points
n = total number of emission points
EMn,s= maximum hourly manganese emissions from emission point 
s, lbs/hr.
Hs = height of each individual stack s
EMn,T = total maximum hourly manganese emissions from 
affected source (sum emission rates from all emission points), lb/hr

      7. How Do I Conduct a Site-Specific Compliance Demonstration?

    If you fail to demonstrate that your facility is able to comply with 
one or both of the alternative health-based emission standards using the 
look-up table approach, you may choose to perform a site-specific 
compliance

[[Page 150]]

demonstration for your facility. You may use any scientifically-accepted 
peer-reviewed risk assessment methodology for your site-specific 
compliance demonstration. An example of one approach for performing a 
site-specific compliance demonstration for air toxics can be found in 
the EPA's ``Air Toxics Risk Assessment Reference Library, Volume 2, 
Site-Specific Risk Assessment Technical Resource Document'', which may 
be obtained through the EPA's Air Toxics Web site at http://www.epa.gov/
ttn/fera/risk--atoxic.html.
    (a) Your facility is eligible for the HCl alternative compliance 
option if your site-specific compliance demonstration shows that the 
maximum HI for HCl and Cl2 from your subpart DDDDD sources is 
less than or equal to 1.0.
    (b) Your facility is eligible for the TSM alternative compliance 
option if your site-specific compliance demonstration shows that the 
maximum HQ for manganese from your subpart DDDDD sources is less than or 
equal to 1.0.
    (c) At a minimum, your site-specific compliance demonstration must:
    (1) Estimate long-term inhalation exposures through the estimation 
of annual or multi-year average ambient concentrations;
    (2) Estimate the inhalation exposure for the individual most exposed 
to the facility's emissions;
    (3) Use site-specific, quality-assured data wherever possible;
    (4) Use health-protective default assumptions wherever site-specific 
data are not available, and;
    (5) Contain adequate documentation of the data and methods used for 
the assessment so that it is transparent and can be reproduced by an 
experienced risk assessor and emissions measurement expert.
    (d) Your site-specific compliance demonstration need not:
    (1) Assume any attenuation of exposure concentrations due to the 
penetration of outdoor pollutants into indoor exposure areas;
    (2) Assume any reaction or deposition of the emitted pollutants 
during transport from the emission point to the point of exposure.

     8. What Must My Health-Based Eligibility Demonstration Contain?

    (a) Your health-based eligibility demonstration must contain, at a 
minimum, the information specified in paragraphs (a)(1) through (6) of 
this section.
    (1) Identification of each appropriate emission point at the 
affected source facility, including the maximum rated capacity of each 
appropriate emission point.
    (2) Stack parameters for each appropriate emission point including, 
but not limited to, the parameters listed in paragraphs (a)(2)(i) 
through (iv) below:
    (i) Emission release type.
    (ii) Stack height, stack area, stack gas temperature, and stack gas 
exit velocity.
    (iii) Plot plan showing all emission points, nearby residences, and 
fenceline.
    (iv) Identification of any control devices used to reduce emissions 
from each appropriate emission point.
    (3) Emission test reports for each pollutant and appropriate 
emission point which has been tested using the test methods specified in 
Table 1 of this appendix, including a description of the process 
parameters identified as being worst case. Fuel analyses for each fuel 
and emission point which has been conducted including collection and 
analytical methods used.
    (4) Identification of the RfC values used in your look-up table 
analysis or site-specific compliance demonstration.
    (5) Calculations used to determine the HCl-equivalent or manganese 
emission rates according to sections 6(a) or (b) of this appendix.
    (6) Identification of the controlling process factors (including, 
but not limited to, fuel type, heat input rate, type of control devices, 
process parameters reflecting the emissions rates used for your 
eligibility demonstration) that will become Federally enforceable permit 
conditions used to show that your facility remains eligible for the 
health-based compliance alternatives.
    (b) If you use the look-up table analysis in section 6 of this 
appendix to demonstrate that your facility is eligible for either 
health-based compliance alternative, your eligibility demonstration must 
contain, at a minimum, the information in paragraphs (a) and (b)(1) 
through (3) of this section.
    (1) Calculations used to determine the weighted average stack height 
of the subpart DDDDD emission points that emit manganese, HCl, or 
Cl2.
    (2) Identification of the subpart DDDDD emission point, that emits 
either manganese or HCl and Cl2, with the minimum distance to 
the property boundary of the facility.
    (3) Comparison of the values in the look-up tables (Tables 2 and 3 
of this appendix) to your maximum HCl-equivalent or manganese emission 
rates.
    (c) If you use a site-specific compliance demonstration as described 
in section 7 of this appendix to demonstrate that your facility is 
eligible, your eligibility demonstration must contain, at a minimum, the 
information in paragraphs (a) and (c)(1) through (7) of this section:
    (1) Identification of the risk assessment methodology used.
    (2) Documentation of the fate and transport model used.
    (3) Documentation of the fate and transport model inputs, including 
the information described in paragraphs (a)(1) through (5) of this 
section converted to the dimensions required for the model and all of 
the following

[[Page 151]]

that apply: meteorological data; building, land use, and terrain data; 
receptor locations and population data; and other facility-specific 
parameters input into the model.
    (4) Documentation of the fate and transport model outputs.
    (5) Documentation of any exposure assessment and risk 
characterization calculations.
    (6) Comparison of the HQ HI to the limit of 1.0.
    (d) To be eligible for either health-based compliance alternative, 
the parameters that defined your affected source as eligible for the 
health-based compliance alternatives must be submitted to your 
permitting authority for incorporation into your title V permit, as 
federally enforceable limits, at the same time you submit your health-
based eligibility demonstration. These parameters include, but are not 
limited to, fuel type, fuel mix (annual average), emission rate, type of 
control devices, process parameters (e.g., maximum heat input), and non-
process parameters (e.g., stack height).

  9. When Do I Have To Complete and Submit My Health-Based Eligibility 
                             Demonstration?

    (a) If you have an existing affected source, you must complete and 
submit your eligibility demonstration to your permitting authority, 
along with a signed certification that the demonstration is an accurate 
depiction of your facility, no later than the date one year prior to the 
compliance date of subpart DDDDD. A separate copy of the eligibility 
demonstration must be submitted to: U.S. EPA, Risk and Exposure 
Assessment Group, Emission Standards Division (C404-01), Attn: Group 
Leader, Research Triangle Park, North Carolina 27711, electronic mail 
address [email protected].
    (b) If you have a new or reconstructed affected source that starts 
up before the effective date of subpart DDDDD, or an affected source 
that is an area source that increases its emissions or its potential to 
emit such that it becomes a major source of HAP before the effective 
date of subpart DDDDD, then you may submit an eligibility demonstration 
at any time after September 13, 2004 but you must comply with the 
emissions limits in table 1 to this subpart and all other requirements 
of subpart DDDDD until your eligibility demonstration is submitted to 
your permitting authority in accordance with the requirements of section 
10 of this appendix.
    (c) If you have a new or reconstructed affected source that starts 
up after the effective date of subpart DDDDD, or an affected source that 
is an area source that increases its emissions or its potential to emit 
such that it becomes a major source of HAP after the effective date for 
subpart DDDDD, then you must follow the schedule in paragraphs (c)(1) 
and (2) of this section.
    (1) You must complete and submit a preliminary eligibility 
demonstration based on the information (e.g., equipment types, estimated 
emission rates, process and non-process parameters, reference values, 
etc.) that will be used to apply for your title V permit. This 
preliminary eligibility demonstration must be submitted with your 
application for approval of construction or reconstruction. You must 
base your preliminary eligibility demonstration on the maximum emissions 
allowed under your title V permit. If the preliminary eligibility 
demonstration indicates that your affected source facility is eligible 
for either compliance alternative, then you may start up your new 
affected source and your new affected source will be considered in 
compliance with the alternative standard and subject to the compliance 
requirements in this appendix.
    (2) You must conduct the emission tests or analyses specified in 
section 4 of this appendix upon initial startup and use the results of 
these emissions tests to complete and submit your eligibility 
demonstration within 180 days following your initial startup date.

     10. When Do I Become Eligible for the Health-Based Compliance 
                              Alternatives?

    (a) For existing sources, new sources, or reconstructed sources that 
start up before the effective date of subpart DDDDD, or an affected 
source that is an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP before the 
effective date of subpart DDDDD, you are eligible to comply with a 
health-based compliance alternative upon submission of a complete 
demonstration meeting all the requirements of paragraph 8 for the 
applicable alternative. However, your eligibility demonstration may be 
reviewed by the permitting authority or by EPA to verify that the 
demonstration meets the requirements of appendix A to this subpart and 
is technically sound (i.e. use of the look-up tables is appropriate or 
the site-specific assessment is technically valid). If you are notified 
by the permitting authority or by EPA of any deficiencies in your 
submission, then you are not eligible for the health-based compliance 
alternative until the permitting authority or EPA verifies that the 
deficiencies are corrected.
    (b) For new or reconstructed sources that start up after the 
effective date of subpart DDDDD, you are eligible to comply with a the 
health-based compliance alternatives upon submission of a complete 
preliminary eligibility determination in accordance with paragraph 
(c)(1) of section 9 that demonstrates your affected source is eligible 
for the applicable alternative. You may then start up your source and 
conduct the necessary testing in accordance with paragraph

[[Page 152]]

(c)(2) of section 9. The eligibility demonstration submitted in 
accordance with paragraph (c)(2) of section 9 may be reviewed by the 
permitting authority or by EPA to verify that the demonstration meets 
the requirements of appendix A to this subpart and is technically sound 
(i.e. use of the look-up tables is appropriate or the site-specific 
assessment is technically valid). If you are notified in writing by the 
permitting authority of any deficiencies in your submission, then you 
have 30 days to correct the deficiencies unless the permitting authority 
agrees to extend this time to a period not to exceed 90 days. If the 
deficiencies are not corrected within the applicable time period, you 
will not be eligible for the health-based compliance alternative until 
the permitting authority verifies that the deficiencies are corrected.
    (c) If the title V permit conditions requested in accordance with 
paragraph (d) of section 8 are disapproved by the permitting authority, 
then your affected source must comply with the applicable emission 
limits, operating limits, and work practice standards in subpart DDDDD 
by the compliance dates specified in Sec. 63.7495. Until the requested 
conditions (or alternative conditions meeting the requirements of 
paragraph (d) of section 8) are incorporated into the permit, compliance 
with the proposed conditions shall be considered compliance with the 
health-based alternative.

  11. How Do I Ensure That My Facility Remains Eligible for the Health-
                     Based Compliance Alternatives?

    (a) You must update your eligibility demonstration and resubmit it 
each time that any of the parameters that defined your affected source 
as eligible for the health-based compliance alternatives changes in a 
way that could result in increased HAP emissions or increased risk from 
exposure to emissions. These parameters include, but are not limited to, 
fuel type, fuel mix (annual average), type of control devices, HAP 
emission rate, stack height, process parameters (e.g., heat input 
capacity), relevant reference values, and locations where people live).
    (b) If you are updating your eligibility demonstration to account 
for an action in paragraph (a) of this section that is under your 
control (e.g. change in heat input capacity of your boiler), you must 
submit your revised eligibility demonstration to the permitting 
authority prior to making the change and revise your permit to 
incorporate the change. If your affected source is no longer eligible 
for the health-based compliance alternatives, then you must comply with 
the applicable emission limits, operating limits, and compliance 
requirements in subpart DDDDD prior to making the process change and 
revising your permit. If you are updating your eligibility demonstration 
to account for an action in paragraph (a) of this section that is 
outside of your control (e.g. change in a reference value), and that 
change causes your source to no longer be able to meet the criteria for 
the health-based compliance alternatives, your source must comply with 
the applicable emission limits, operating limits, and compliance 
requirements in subpart DDDDD within 3 years.
    (c) Your revised eligibility demonstration may be reviewed by the 
permitting authority or EPA to verify that the demonstration meets the 
requirements of appendix A to this subpart and is technically sound 
(i.e. use of the look-up tables is appropriate or the site-specific 
assessment is technically valid). If you are notified by the permitting 
authority or EPA of any deficiencies in your submission, you will not 
remain eligible for the health-based compliance alternatives until the 
permitting authority or EPA verifies that the deficiencies are 
corrected.

                      12. What Records Must I Keep?

    You must keep records of the information used in developing the 
eligibility demonstration for your affected source, including all of the 
information specified in section 8 of this appendix.

                             13. Definitions

    The definitions in Sec. 63.7575 of subpart DDDDD apply to this 
appendix. Additional definitions applicable for this appendix are as 
follows:
    Hazard Index (HI) means the sum of more than one hazard quotient for 
multiple substances and/or multiple exposure pathways.
    Hazard Quotient (HQ) means the ratio of the predicted media 
concentration of a pollutant to the media concentration at which no 
adverse effects are expected. For inhalation exposures, the HQ is 
calculated as the air concentration divided by the RfC.
    Look-up table analysis means a risk screening analysis based on 
comparing the HAP or HAP-equivalent emission rate from the affected 
source to the appropriate maximum allowable HAP or HAP-equivalent 
emission rates specified in Tables 2 and 3 of this appendix.
    Reference Concentration (RfC) means an estimate (with uncertainty 
spanning perhaps an order of magnitude) of a continuous inhalation 
exposure to the human population (including sensitive subgroups) that is 
likely to be without an appreciable risk of deleterious effects during a 
lifetime. It can be derived from various types of human or animal data, 
with uncertainty factors generally applied to reflect limitations of the 
data used.
    Worst-case operating conditions means operation of an affected unit 
during emissions testing under the conditions that result in the highest 
HAP emissions or that result in

[[Page 153]]

the emissions stream composition (including HAP and non-HAP) that is 
most challenging for the control device if a control device is used. For 
example, worst-case conditions could include operation of an affected 
unit firing solid fuel likely to produce the most HAP.

      Table 1 to Appendix B of Subpart DDDDD--Emission Test Methods
------------------------------------------------------------------------
            For . . .               You must . . .        Using . . .
------------------------------------------------------------------------
(1) Each subpart DDDDD emission   Select sampling     Method 1 of 40 CFR
 point for which you choose to     ports' location     part 60, appendix
 use a compliance alternative.     and the number of   A.
                                   traverse points.
(2) Each subpart DDDDD emission   Determine velocity  Method 2, 2F, or
 point for which you choose to     and volumetric      2G in appendix A
 use a compliance alternative.     flow rate;.         to 40 CFR part
                                                       60.
(3) Each subpart DDDDD emission   Conduct gas         Method 3A or 3B in
 point for which you choose to     molecular weight    appendix A to 40
 use a compliance alternative.     analysis.           CFR part 60.
(4) Each subpart DDDDD emission   Measure moisture    Method 4 in
 point for which you choose to     content of the      appendix A to 40
 use a compliance alternative.     stack gas.          CFR part 60.
(5) Each subpart DDDDD emission   Measure the         Method 26 or 26A
 point for which you choose to     hydrogen chloride   in appendix A to
 use the HCl compliance            and chlorine        40 CFR part 60.
 alternative.                      emission
                                   concentrations.
(6) Each subpart DDDDD emission   Measure the         Method 29 in
 point for which you choose to     manganese           appendix A to 40
 use the TSM compliance            emission            CFR part 60.
 alternative.                      concentration.
(7) Each subpart DDDDD emission   Convert emissions   Method 19 F-factor
 point for which you choose to     concentration to    methodology in
 use a compliance alternative.     lb per MMBtu        appendix A to
                                   emission rates.     part 60 of this
                                                       chapter.
------------------------------------------------------------------------


[[Page 154]]


                 Table 2 to Appendix A of Subpart DDDDD--Allowable Toxicity-Weighted Emission Rate Expressed in HCl Equivalents (lbs/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Distance to property boundary (m)
          Stack ht. (m)          -----------------------------------------------------------------------------------------------------------------------
                                      0        50        100       150       200       250       500      1000      1500      2000      3000      5000
--------------------------------------------------------------------------------------------------------------------------------------------------------
5...............................     114.9     114.9     114.9     114.9     114.9     114.9     144.3     287.3     373.0     373.0     373.0     373.0
10..............................     188.5     188.5     188.5     188.5     188.5     188.5     195.3     328.0     432.5     432.5     432.5     432.5
20..............................     386.1     386.1     386.1     386.1     386.1     386.1     386.1     425.4     580.0     602.7     602.7     602.7
30..............................     396.1     396.1     396.1     396.1     396.1     396.1     396.1     436.3     596.2     690.6     807.8     816.5
40..............................     408.1     408.1     408.1     408.1     408.1     408.1     408.1     448.2     613.3     715.5     832.2     966.0
50..............................     421.4     421.4     421.4     421.4     421.4     421.4     421.4     460.6     631.0     746.3     858.2    1002.8
60..............................     435.5     435.5     435.5     435.5     435.5     435.5     435.5     473.4     649.0     778.6     885.0    1043.4
70..............................     450.2     450.2     450.2     450.2     450.2     450.2     450.2     486.6     667.4     813.8     912.4    1087.4
80..............................     465.5     465.5     465.5     465.5     465.5     465.5     465.5     500.0     685.9     849.8     940.9    1134.8
100.............................     497.5     497.5     497.5     497.5     497.5     497.5     497.5     527.4     723.6     917.1    1001.2    1241.3
200.............................     677.3     677.3     677.3     677.3     677.3     677.3     677.3     682.3     919.8    1167.1    1390.4    1924.6
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                   Table 3 to Appendix A of Subpart DDDDD--Allowable Manganese Emission Rate (lbs/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Distance to property boundary (m)
          Stack ht. (m)          -----------------------------------------------------------------------------------------------------------------------
                                      0        50        100       150       200       250       500      1000      1500      2000      3000      5000
--------------------------------------------------------------------------------------------------------------------------------------------------------
5...............................      0.29      0.29      0.29      0.29      0.29      0.29      0.36      0.72      0.93      0.93      0.93      0.94
10..............................      0.47      0.47      0.47      0.47      0.47      0.47      0.49      0.82      1.08      1.08      1.08      1.08
20..............................      0.97      0.97      0.97      0.97      0.97      0.97      0.97      1.06      1.45      1.51      1.51      1.51
30..............................      0.99      0.99      0.99      0.99      0.99      0.99      0.99      1.09      1.49      1.72      2.02      2.04
40..............................      1.02      1.02      1.02      1.02      1.02      1.02      1.02      1.12      1.53      1.79      2.08      2.42
50..............................      1.05      1.05      1.05      1.05      1.05      1.05      1.05      1.15      1.58      1.87      2.15      2.51
60..............................      1.09      1.09      1.09      1.09      1.09      1.09      1.09      1.18      1.62      1.95      2.21      2.61
70..............................      1.13      1.13      1.13      1.13      1.13      1.13      1.13      1.22      1.67      2.03      2.28      2.72
80..............................      1.16      1.16      1.16      1.16      1.16      1.16      1.16      1.25      1.71      2.12      2.35      2.84
100.............................      1.24      1.24      1.24      1.24      1.24      1.24      1.24      1.32      1.81      2.29      2.50      3.10
200.............................      1.69      1.69      1.69      1.69      1.69      1.69      1.69      1.71      2.30      2.92      3.48      4.81
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 155]]


[69 FR 55253, Sept. 13, 2004, as amended at 70 FR 76933, Dec. 28, 2005]



 Subpart EEEEE_National Emission Standards for Hazardous Air Pollutants 
                      for Iron and Steel Foundries

    Source: 69 FR 21923, Apr. 22, 2004, unless otherwise noted.

                        What this Subpart Covers



Sec. 63.7680  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for iron and steel foundries. This subpart also 
establishes requirements to demonstrate initial and continuous 
compliance with the emissions limitations, work practice standards, and 
operation and maintenance requirements in this subpart.



Sec. 63.7681  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an iron and 
steel foundry that is (or is part of) a major source of hazardous air 
pollutant (HAP) emissions. Your iron and steel foundry is a major source 
of HAP for purposes of this subpart if it emits or has the potential to 
emit any single HAP at a rate of 10 tons or more per year or any 
combination of HAP at a rate of 25 tons or more per year or if it is 
located at a facility that emits or has the potential to emit any single 
HAP at a rate of 10 tons or more per year or any combination of HAP at a 
rate of 25 tons or more per year as defined in Sec. 63.2.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7218, Feb. 7, 2008]



Sec. 63.7682  What parts of my foundry does this subpart cover?

    (a) The affected source is each new or existing iron and steel 
foundry.
    (b) This subpart covers emissions from metal melting furnaces, scrap 
preheaters, pouring areas, pouring stations, automated conveyor and 
pallet cooling lines, automated shakeout lines, and mold and core making 
lines. This subpart also covers fugitive emissions from foundry 
operations.
    (c) An affected source is existing if you commenced construction or 
reconstruction of the affected source before December 23, 2002.
    (d) An affected source is new if you commenced construction or 
reconstruction of the affected source on or after December 23, 2002. An 
affected source is reconstructed if it meets the definition of 
``reconstruction'' in Sec. 63.2.



Sec. 63.7683  When do I have to comply with this subpart?

    (a) Except as specified in paragraph (b) of this section, if you 
have an existing affected source, you must comply with each emissions 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you no later than April 23, 
2007. Major source status for existing affected sources must be 
determined no later than April 23, 2007.
    (b) If you have an existing affected source, you must comply with 
the work practice standards in Sec. 63.7700(b) or (c), as applicable, 
no later than April 22, 2005.
    (c) If you have a new affected source for which the initial startup 
date is on or before April 22, 2004, you must comply with each emissions 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you by April 22, 2004.
    (d) If you have a new affected source for which the initial startup 
date is after April 22, 2004, you must comply with each emissions 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you upon initial startup.
    (e) If your iron and steel foundry is an area source that becomes a 
major source of HAP, you must meet the requirements of Sec. 63.6(c)(5).
    (f) You must meet the notification and schedule requirements in 
Sec. 63.7750. Note that several of these notifications must be 
submitted before the compliance date for your affected source.

                          Emissions Limitations



Sec. 63.7690  What emissions limitations must I meet?

    (a) You must meet the emissions limits or standards in paragraphs 
(a)(1) through (11) of this section that apply

[[Page 156]]

to you. When alternative emissions limitations are provided for a given 
emissions source, you are not restricted in the selection of which 
applicable alternative emissions limitation is used to demonstrate 
compliance.
    (1) For each electric arc metal melting furnace, electric induction 
metal melting furnace, or scrap preheater at an existing iron and steel 
foundry, you must not discharge emissions through a conveyance to the 
atmosphere that exceed either the limit for particulate matter (PM) in 
paragraph (a)(1)(i) of this section or, alternatively the limit for 
total metal HAP in paragraph (a)(1)(ii) of this section:
    (i) 0.005 grains of PM per dry standard cubic foot (gr/dscf), or
    (ii) 0.0004 gr/dscf of total metal HAP.
    (2) For each cupola metal melting furnace at an existing iron and 
steel foundry, you must not discharge emissions through a conveyance to 
the atmosphere that exceed either the limit for PM in paragraph 
(a)(2)(i) or (ii) of this section or, alternatively the limit for total 
metal HAP in paragraph (a)(2)(iii) or (iv) of this section:
    (i) 0.006 gr/dscf of PM; or
    (ii) 0.10 pound of PM per ton (lb/ton) of metal charged, or
    (iii) 0.0005 gr/dscf of total metal HAP; or
    (iv) 0.008 pound of total metal HAP per ton (lb/ton) of metal 
charged.
    (3) For each cupola metal melting furnace or electric arc metal 
melting furnace at a new iron and steel foundry, you must not discharge 
emissions through a conveyance to the atmosphere that exceed either the 
limit for PM in paragraph (a)(3)(i) of this section or, alternatively 
the limit for total metal HAP in paragraph (a)(3)(ii) of this section:
    (i) 0.002 gr/dscf of PM, or
    (ii) 0.0002 gr/dscf of total metal HAP.
    (4) For each electric induction metal melting furnace or scrap 
preheater at a new iron and steel foundry, you must not discharge 
emissions through a conveyance to the atmosphere that exceed either the 
limit for PM in paragraph (a)(4)(i) of this section or, alternatively 
the limit for total metal HAP in paragraph (a)(4)(ii) of this section:
    (i) 0.001 gr/dscf of PM, or
    (ii) 0.00008 gr/dscf of total metal HAP.
    (5) For each pouring station at an existing iron and steel foundry, 
you must not discharge emissions through a conveyance to the atmosphere 
that exceed either the limit for PM in paragraph (a)(5)(i) of this 
section or, alternatively the limit for total metal HAP in paragraph 
(a)(5)(ii) of this section:
    (i) 0.010 gr/dscf of PM, or
    (ii) 0.0008 gr/dscf of total metal HAP.
    (6) For each pouring area or pouring station at a new iron and steel 
foundry, you must not discharge emissions through a conveyance to the 
atmosphere that exceed either the limit for PM in paragraph (a)(6)(i) of 
this section or, alternatively the limit for total metal HAP in 
paragraph (a)(6)(ii) of this section:
    (i) 0.002 gr/dscf of PM, or
    (ii) 0.0002 gr/dscf of total metal HAP.
    (7) For each building or structure housing any iron and steel 
foundry emissions source at the iron and steel foundry, you must not 
discharge any fugitive emissions to the atmosphere from foundry 
operations that exhibit opacity greater than 20 percent (6-minute 
average), except for one 6-minute average per hour that does not exceed 
27 percent opacity.
    (8) For each cupola metal melting furnace at a new or existing iron 
and steel foundry, you must not discharge emissions of volatile organic 
hazardous air pollutants (VOHAP) through a conveyance to the atmosphere 
that exceed 20 parts per million by volume (ppmv) corrected to 10 
percent oxygen.
    (9) As an alternative to the work practice standard in Sec. 
63.7700(e) for a scrap preheater at an existing iron and steel foundry 
or in Sec. 63.7700(f) for a scrap preheater at a new iron and steel 
foundry, you must not discharge emissions of VOHAP through a conveyance 
to the atmosphere that exceed 20 ppmv.
    (10) For one or more automated conveyor and pallet cooling lines 
that use a sand mold system or automated shakeout lines that use a sand 
mold system at a new iron and steel foundry, you must not discharge 
emissions of VOHAP through a conveyance to the atmosphere that exceed a 
flow-weighted average of 20 ppmv.
    (11) For each triethylamine (TEA) cold box mold or core making line 
at a new or existing iron and steel foundry,

[[Page 157]]

you must meet either the emissions limit in paragraph (a)(11)(i) of this 
section or, alternatively the emissions standard in paragraph 
(a)(11)(ii) of this section:
    (i) You must not discharge emissions of TEA through a conveyance to 
the atmosphere that exceed 1 ppmv, as determined according to the 
performance test procedures in Sec. 63.7732(g); or
    (ii) You must reduce emissions of TEA from each TEA cold box mold or 
core making line by at least 99 percent, as determined according to the 
performance test procedures in Sec. 63.7732(g).
    (b) You must meet each operating limit in paragraphs (b)(1) through 
(5) of this section that applies to you.
    (1) You must install, operate, and maintain a capture and collection 
system for all emissions sources subject to an emissions limit for VOHAP 
or TEA in paragraphs (a)(8) through (11) of this section.
    (i) Each capture and collection system must meet accepted 
engineering standards, such as those published by the American 
Conference of Governmental Industrial Hygienists.
    (ii) You must operate each capture system at or above the lowest 
value or settings established as operating limits in your operation and 
maintenance plan.
    (2) You must operate each wet scrubber applied to emissions from a 
metal melting furnace, scrap preheater, pouring area, or pouring station 
subject to an emissions limit for PM or total metal HAP in paragraphs 
(a)(1) through (6) of this section such that the 3-hour average pressure 
drop and scrubber water flow rate does not fall below the minimum levels 
established during the initial or subsequent performance test.
    (3) You must operate each combustion device applied to emissions 
from a cupola metal melting furnace subject to the emissions limit for 
VOHAP in paragraph (a)(8) of this section, such that the 15-minute 
average combustion zone temperature does not fall below 1,300 degrees 
Fahrenheit ( [deg]F). Periods when the cupola is off blast and for 15 
minutes after going on blast from an off blast condition are not 
included in the 15-minute average.
    (4) You must operate each combustion device applied to emissions 
from a scrap preheater subject to the emissions limit for VOHAP in 
paragraph (a)(9) of this section or from a TEA cold box mold or core 
making line subject to the emissions limit for TEA in paragraph (a)(11) 
of this section, such that the 3-hour average combustion zone 
temperature does not fall below the minimum level established during the 
initial or subsequent performance test.
    (5) You must operate each wet acid scrubber applied to emissions 
from a TEA cold box mold or core making line subject to the emissions 
limit for TEA in paragraph (a)(11) of this section such that:
    (i) The 3-hour average scrubbing liquid flow rate does not fall 
below the minimum level established during the initial or subsequent 
performance test; and
    (ii) The 3-hour average pH of the scrubber blowdown, as measured by 
a continuous parameter monitoring system (CPMS), does not exceed 4.5 or 
the pH of the scrubber blowdown, as measured once every 8 hours during 
process operations, does not exceed 4.5.
    (c) If you use a control device other than a baghouse, wet scrubber, 
wet acid scrubber, or combustion device, you must prepare and submit a 
monitoring plan containing the information listed in paragraphs (c)(1) 
through (5) of this section. The monitoring plan is subject to approval 
by the Administrator.
    (1) A description of the device;
    (2) Test results collected in accordance with Sec. 63.7732 
verifying the performance of the device for reducing emissions of PM, 
total metal HAP, VOHAP, or TEA to the levels required by this subpart;
    (3) A copy of the operation and maintenance plan required by Sec. 
63.7710(b);
    (4) A list of appropriate operating parameters that will be 
monitored to maintain continuous compliance with the applicable 
emissions limitation(s); and
    (5) Operating parameter limits based on monitoring data collected 
during the performance test.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7218, Feb. 7, 2008]

[[Page 158]]

                         Work Practice Standards



Sec. 63.7700  What work practice standards must I meet?

    (a) For each segregated scrap storage area, bin or pile, you must 
either comply with the certification requirements in paragraph (b) of 
this section, or prepare and implement a plan for the selection and 
inspection of scrap according to the requirements in paragraph (c) of 
this section. You may have certain scrap subject to paragraph (b) of 
this section and other scrap subject to paragraph (c) of this section at 
your facility provided the scrap remains segregated until charge make-
up.
    (b) You must prepare and operate at all times according to a written 
certification that the foundry purchases and uses only metal ingots, pig 
iron, slitter, or other materials that do not include post-consumer 
automotive body scrap, post-consumer engine blocks, post-consumer oil 
filters, oily turnings, lead components, mercury switches, plastics, or 
free organic liquids. For the purpose of this paragraph (b), ``free 
organic liquids'' is defined as material that fails the paint filter 
test by EPA Method 9095A, ``Paint Filter Liquids Test'' (Revision 1, 
December 1996), as published in EPA Publication SW-846 ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods'' (incorporated by 
reference--see Sec. 63.14). Any post-consumer engine blocks, post-
consumer oil filters, or oily turnings that are processed and/or cleaned 
to the extent practicable such that the materials do not include lead 
components, mercury switches, chlorinated plastics, or free organic 
liquids can be included in this certification.
    (c) You must prepare and operate at all times according to a written 
plan for the selection and inspection of iron and steel scrap to 
minimize, to the extent practicable, the amount of organics and HAP 
metals in the charge materials used by the iron and steel foundry. This 
scrap selection and inspection plan is subject to approval by the 
Administrator. You must keep a copy of the plan onsite and readily 
available to all plant personnel with materials acquisition or 
inspection duties. You must provide a copy of the material 
specifications to each of your scrap vendors. Each plan must include the 
information specified in paragraphs (c)(1) through (3) of this section.
    (1) A materials acquisition program to limit organic contaminants 
according to the requirements in paragraph (c)(1)(i) or (ii) of this 
section, as applicable.
    (i) For scrap charged to a scrap preheater, electric arc metal 
melting furnace, or electric induction metal melting furnace, 
specifications for scrap materials to be depleted (to the extent 
practicable) of the presence of used oil filters, chlorinated plastic 
parts, organic liquids, and a program to ensure the scrap materials are 
drained of free liquids; or
    (ii) For scrap charged to a cupola metal melting furnace, 
specifications for scrap materials to be depleted (to the extent 
practicable) of the presence of chlorinated plastic, and a program to 
ensure the scrap materials are drained of free liquids.
    (2) A materials acquisition program specifying that the scrap 
supplier remove accessible mercury switches from the trunks and hoods of 
any automotive bodies contained in the scrap and remove accessible lead 
components such as batteries and wheel weights. You must either obtain 
and maintain onsite a copy of the procedures used by the scrap supplier 
for either removing accessible mercury switches or for purchasing 
automobile bodies that have had mercury switches removed, as applicable, 
or document your attempts to obtain a copy of these procedures from the 
scrap suppliers servicing your area.
    (3) Procedures for visual inspection of a representative portion, 
but not less than 10 percent, of all incoming scrap shipments to ensure 
the materials meet the specifications.
    (i) The inspection procedures must identify the location(s) where 
inspections are to be performed for each type of shipment. Inspections 
may be performed at the scrap supplier's facility. The selected 
location(s) must provide a reasonable vantage point, considering worker 
safety, for visual inspection.
    (ii) The inspection procedures must include recordkeeping 
requirements that document each visual inspection and the results.

[[Page 159]]

    (iii) The inspection procedures must include provisions for 
rejecting or returning entire or partial scrap shipments that do not 
meet specifications and limiting purchases from vendors whose shipments 
fail to meet specifications for more than three inspections in one 
calendar year.
    (iv) If the inspections are performed at the scrap supplier's 
facility, the inspection procedures must include an explanation of how 
the periodic inspections ensure that not less than 10 percent of scrap 
purchased from each supplier is subject to inspection.
    (d) For each furan warm box mold or core making line in a new or 
existing iron and steel foundry, you must use a binder chemical 
formulation that does not contain methanol as a specific ingredient of 
the catalyst formulation as determined by the Material Safety Data 
Sheet. This requirement does not apply to the resin portion of the 
binder system.
    (e) For each scrap preheater at an existing iron and steel foundry, 
you must meet either the requirement in paragraph (e)(1) or (2) of this 
section. As an alternative to the requirement in paragraph (e)(1) or (2) 
of this section, you must meet the VOHAP emissions limit in Sec. 
63.7690(a)(9).
    (1) You must operate and maintain a gas-fired preheater where the 
flame directly contacts the scrap charged; or
    (2) You must charge only material that is subject to and in 
compliance with the scrap certification requirement in paragraph (b) of 
this section.
    (f) For each scrap preheater at a new iron and steel foundry, you 
must charge only material that is subject to and in compliance with the 
scrap certification requirement in paragraph (b) of this section. As an 
alternative to this requirement, you must meet the VOHAP emissions limit 
in Sec. 63.7690(a)(9).

[69 FR 21923, Apr. 22, 2004, as amended at 70 FR 29404, May 20, 2005; 73 
FR 7218, Feb. 7, 2008]

                 Operation and Maintenance Requirements



Sec. 63.7710  What are my operation and maintenance requirements?

    (a) As required by Sec. 63.6(e)(1)(i), you must always operate and 
maintain your iron and steel foundry, including air pollution control 
and monitoring equipment, in a manner consistent with good air pollution 
control practices for minimizing emissions at least to the levels 
required by this subpart.
    (b) You must prepare and operate at all times according to a written 
operation and maintenance plan for each capture and collection system 
and control device for an emissions source subject to a PM, metal HAP, 
TEA, or VOHAP emissions limit in Sec. 63.7690(a). Your operation and 
maintenance plan also must include procedures for igniting gases from 
mold vents in pouring areas and pouring stations that use a sand mold 
system. This operation and maintenance plan is subject to approval by 
the Administrator. Each plan must contain the elements described in 
paragraphs (b)(1) through (6) of this section.
    (1) Monthly inspections of the equipment that is important to the 
performance of the total capture system (i.e., pressure sensors, 
dampers, and damper switches). This inspection must include observations 
of the physical appearance of the equipment (e.g., presence of holes in 
the ductwork or hoods, flow constrictions caused by dents or accumulated 
dust in the ductwork, and fan erosion). The operation and maintenance 
plan must also include requirements to repair the defect or deficiency 
as soon as practicable.
    (2) Operating limits for each capture system for an emissions source 
subject to an emissions limit or standard for VOHAP or TEA in Sec. 
63.7690(a)(8) through (11). You must establish the operating according 
to the requirements in paragraphs (b)(2)(i) through (iii) of this 
section.
    (i) Select operating limit parameters appropriate for the capture 
system design that are representative and reliable indicators of the 
performance of the capture system. At a minimum, you must use 
appropriate operating limit parameters that indicate the

[[Page 160]]

level of the ventilation draft and damper position settings for the 
capture system when operating to collect emissions, including revised 
settings for seasonal variations. Appropriate operating limit parameters 
for ventilation draft include, but are not limited to: volumetric flow 
rate through each separately ducted hood, total volumetric flow rate at 
the inlet to the control device to which the capture system is vented, 
fan motor amperage, or static pressure. Any parameter for damper 
position setting may be used that indicates the duct damper position 
related to the fully open setting.
    (ii) For each operating limit parameter selected in paragraph 
(b)(2)(i) of this section, designate the value or setting for the 
parameter at which the capture system operates during the process 
operation. If your operation allows for more than one process to be 
operating simultaneously, designate the value or setting for the 
parameter at which the capture system operates during each possible 
configuration that you may operate (i.e., the operating limits with one 
furnace melting, two melting, as applicable to your plant).
    (iii) Include documentation in your plan to support your selection 
of the operating limits established for your capture system. This 
documentation must include a description of the capture system design, a 
description of the capture system operating during production, a 
description of each selected operating limit parameter, a rationale for 
why you chose the parameter, a description of the method used to monitor 
the parameter according to the requirements of Sec. 63.7740(a), and the 
data used to set the value or setting for the parameter for each of your 
process configurations.
    (3) Preventative maintenance plan for each control device, including 
a preventative maintenance schedule that is consistent with the 
manufacturer's instructions for routine and long-term maintenance.
    (4) A site-specific monitoring plan for each bag leak detection 
system. For each bag leak detection system that operates on the 
triboelectric effect, the monitoring plan must be consistent with the 
recommendations contained in the U.S. Environmental Protection Agency 
guidance document ``Fabric Filter Bag Leak Detection Guidance'' (EPA-
454/R-98-015). This baghouse monitoring plan is subject to approval by 
the Administrator. The owner or operator shall operate and maintain the 
bag leak detection system according to the site-specific monitoring plan 
at all times. The plan must address all of the items identified in 
paragraphs (b)(4)(i) through (v) of this section.
    (i) Installation of the bag leak detection system.
    (ii) Initial and periodic adjustment of the bag leak detection 
system including how the alarm set-point will be established.
    (iii) Operation of the bag leak detection system including quality 
assurance procedures.
    (iv) How the bag leak detection system will be maintained including 
a routine maintenance schedule and spare parts inventory list.
    (v) How the bag leak detection system output will be recorded and 
stored.
    (5) Corrective action plan for each baghouse. The plan must include 
the requirement that, in the event a bag leak detection system alarm is 
triggered, you must initiate corrective action to determine the cause of 
the alarm within 1 hour of the alarm, initiate corrective action to 
correct the cause of the problem within 24 hours of the alarm, and 
complete the corrective action as soon as practicable. Corrective 
actions taken may include, but are not limited to:
    (i) Inspecting the baghouse 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 baghouse compartment.
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system.
    (vi) Making process changes.
    (vii) Shutting down the process producing the PM emissions.
    (6) Procedures for providing an ignition source to mold vents of 
sand mold

[[Page 161]]

systems in each pouring area and pouring station unless you determine 
the mold vent gases either are not ignitable, ignite automatically, or 
cannot be ignited due to accessibility or safety issues. You must 
document and maintain records of this determination. The determination 
of ignitability, accessibility, and safety may encompass multiple 
casting patterns provided the castings utilize similar sand-to-metal 
ratios, binder formulations, and coating materials. The determination of 
ignitability must be based on observations of the mold vents within 5 
minutes of pouring, and the flame must be present for at least 15 
seconds for the mold vent to be considered ignited. For the purpose of 
this determination:
    (i) Mold vents that ignite more than 75 percent of the time without 
the presence of an auxiliary ignition source are considered to ignite 
automatically; and
    (ii) Mold vents that do not ignite automatically and cannot be 
ignited in the presence of an auxiliary ignition source more than 25 
percent of the time are considered to be not ignitable.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7218, Feb. 7, 2008]

                     General Compliance Requirements



Sec. 63.7720  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emissions limitations, work 
practice standards, and operation and maintenance requirements in this 
subpart at all times, except during periods of startup, shutdown, or 
malfunction.
    (b) During the period between the compliance date specified for your 
iron and steel foundry in Sec. 63.7683 and the date when applicable 
operating limits have been established during the initial performance 
test, you must maintain a log detailing the operation and maintenance of 
the process and emissions control equipment.
    (c) You must develop a written startup, shutdown, and malfunction 
plan according to the provisions in Sec. 63.6(e)(3). The startup, 
shutdown, and malfunction plan also must specify what constitutes a 
shutdown of a cupola and how to determine that operating conditions are 
normal following startup of a cupola.

[69 FR 21923, Apr. 22, 2004, as amended at 71 FR 20468, Apr. 20, 2006]

                     Initial Compliance Requirements



Sec. 63.7730  By what date must I conduct performance tests or other initial 

compliance demonstrations?

    (a) As required by Sec. 63.7(a)(2), you must conduct a performance 
test no later than 180 calendar days after the compliance date that is 
specified in Sec. 63.7683 for your iron and steel foundry to 
demonstrate initial compliance with each emissions limitation in Sec. 
63.7690 that applies to you.
    (b) For each work practice standard in Sec. 63.7700 and each 
operation and maintenance requirement in Sec. 63.7710 that applies to 
you where initial compliance is not demonstrated using a performance 
test, you must demonstrate initial compliance no later than 30 calendar 
days after the compliance date that is specified for your iron and steel 
foundry in Sec. 63.7683.
    (c) If you commenced construction or reconstruction between December 
23, 2002 and April 22, 2004, you must demonstrate initial compliance 
with either the proposed emissions limit or the promulgated emissions 
limit no later than October 19, 2004 or no later than 180 calendar days 
after startup of the source, whichever is later, according to Sec. 
63.7(a)(2)(ix).
    (d) If you commenced construction or reconstruction between December 
23, 2002 and April 22, 2004, and you chose to comply with the proposed 
emissions limit when demonstrating initial compliance, you must conduct 
a second performance test to demonstrate compliance with the promulgated 
emissions limit by October 19, 2007 or after startup of the source, 
whichever is later, according to Sec. 63.7(a)(2)(ix).



Sec. 63.7731  When must I conduct subsequent performance tests?

    (a) You must conduct subsequent performance tests to demonstrate 
compliance with all applicable PM or total metal HAP, VOHAP, and TEA 
emissions limitations in Sec. 63.7690 for your iron and steel foundry 
no less frequently than every 5 years and each

[[Page 162]]

time you elect to change an operating limit or to comply with a 
different alternative emissions limit, if applicable. The requirement to 
conduct performance tests every 5 years does not apply to an emissions 
source for which a continuous emissions monitoring system (CEMS) is used 
to demonstrate continuous compliance.
    (b) You must conduct subsequent performance tests to demonstrate 
compliance with the opacity limit in Sec. 63.7690(a)(7) for your iron 
and steel foundry no less frequently than once every 6 months.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7219, Feb. 7, 2008]



Sec. 63.7732  What test methods and other procedures must I use to demonstrate 

initial compliance with the emissions limitations?

    (a) You must conduct each performance test that applies to your iron 
and steel foundry based on your selected compliance alternative, if 
applicable, according to the requirements in Sec. 63.7(e)(1) and the 
conditions specified in paragraphs (b) through (i) of this section.
    (b) To determine compliance with the applicable emissions limit for 
PM in Sec. 63.7690(a)(1) through (6) for a metal melting furnace, scrap 
preheater, pouring station, or pouring area, follow the test methods and 
procedures in paragraphs (b)(1) through (6) of this section.
    (1) Determine the concentration of PM according to the test methods 
in 40 CFR part 60, appendix A that are specified in paragraphs (b)(1)(i) 
through (v) of this section.
    (i) Method 1 or 1A to select sampling port locations and the number 
of traverse points in each stack or duct. Sampling sites must be located 
at the outlet of the control device (or at the outlet of the emissions 
source if no control device is present) prior to any releases to the 
atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric 
flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5, 5B, 5D, 5F, or 5I, as applicable, to determine the PM 
concentration. The PM concentration is determined using only the front-
half (probe rinse and filter) of the PM catch.
    (2) Collect a minimum sample volume of 60 dscf of gas during each PM 
sampling run. A minimum of three valid test runs are needed to comprise 
a performance test.
    (3) For cupola metal melting furnaces, sample only during times when 
the cupola is on blast.
    (4) For electric arc and electric induction metal melting furnaces, 
sample only during normal production conditions, which may include, but 
are not limited to the following cycles: Charging, melting, alloying, 
refining, slagging, and tapping.
    (5) For scrap preheaters, sample only during normal production 
conditions, which may include, but are not limited to the following 
cycles: Charging, heating, and discharging.
    (6) Determine the total mass of metal charged to the furnace or 
scrap preheater. For a cupola metal melting furnace at an existing iron 
and steel foundry that is subject to the PM emissions limit in Sec. 
63.7690(a)(ii), calculate the PM emissions rate in pounds of PM per ton 
(lb/ton) of metal charged using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.000

Where:

EFPM = Mass emissions rate of PM, pounds of PM per ton (lb/
ton) of metal charged;
CPM = Concentration of PM measured during performance test 
run, gr/dscf;
Q = Volumetric flow rate of exhaust gas, dry standard cubic feet per 
minute (dscfm);

[[Page 163]]

Mcharge = Mass of metal charged during performance test run, 
tons;
ttest = Duration of performance test run, minutes; and
7,000 = Unit conversion factor, grains per pound (gr/lb).

    (c) To determine compliance with the applicable emissions limit for 
total metal HAP in Sec. 63.7690(a)(1) through (6) for a metal melting 
furnace, scrap preheater, pouring station, or pouring area, follow the 
test methods and procedures in paragraphs (c)(1) through (6) of this 
section.
    (1) Determine the concentration of total metal HAP according to the 
test methods in 40 CFR part 60, appendix A that are specified in 
paragraphs (c)(1)(i) through (v) of this section.
    (i) Method 1 or 1A to select sampling port locations and the number 
of traverse points in each stack or duct. Sampling sites must be located 
at the outlet of the control device (or at the outlet of the emissions 
source if no control device is present) prior to any releases to the 
atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric 
flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 29 to determine the total metal HAP concentration.
    (2) A minimum of three valid test runs are needed to comprise a 
performance test.
    (3) For cupola metal melting furnaces, sample only during times when 
the cupola is on blast.
    (4) For electric arc and electric induction metal melting furnaces, 
sample only during normal production conditions, which may include, but 
are not limited to the following cycles: Charging, melting, alloying, 
refining, slagging, and tapping.
    (5) For scrap preheaters, sample only during normal production 
conditions, which may include, but are not limited to the following 
cycles: Charging, heating, and discharging.
    (6) Determine the total mass of metal charged to the furnace or 
scrap preheater during each performance test run and calculate the total 
metal HAP emissions rate (pounds of total metal HAP per ton (lb/ton) of 
metal charged) using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.001

Where:

EFTMHAP = Emissions rate of total metal HAP, pounds of total 
metal HAP per ton (lb/ton) of metal charged;
CTMHAP = Concentration of total metal HAP measured during 
performance test run, gr/dscf;
Q = Volumetric flow rate of exhaust gas, dscfm;
Mcharge = Mass of metal charged during performance test run, 
tons;
ttest = Duration of performance test run, minutes; and
7,000 = Unit conversion factor, gr/lb.

    (d) To determine compliance with the opacity limit in Sec. 
63.7690(a)(7) for fugitive emissions from buildings or structures 
housing any iron and steel foundry emissions source at the iron and 
steel foundry, follow the procedures in paragraphs (d)(1) and (2) of 
this section.
    (1) Using a certified observer, conduct each opacity test according 
to the requirements in EPA Method 9 (40 CFR part 60, appendix A) and 
Sec. 63.6(h)(5). The certified observer may identify a limited number 
of openings or vents that appear to have the highest opacities and 
perform opacity observations on the identified openings or vents in lieu 
of performing observations for each opening or vent from the building or 
structure. Alternatively, a single opacity observation for the entire 
building or structure may be performed, if the fugitive release points 
afford such an observation.

[[Page 164]]

    (2) During testing intervals when PM performance tests, if 
applicable, are being conducted, conduct the opacity test such the 
opacity observations are recorded during the PM performance tests.
    (e) To determine compliance with the applicable VOHAP emissions 
limit in Sec. 63.7690(a)(8) for a cupola metal melting furnace or in 
Sec. 63.7690(a)(9) for a scrap preheater, follow the test methods and 
procedures in paragraphs (e)(1) through (4) of this section.
    (1) Determine the VOHAP concentration for each test run according to 
the test methods in 40 CFR part 60, appendix A that are specified in 
paragraphs (b)(1)(i) through (v) of this section.
    (i) Method 1 or 1A to select sampling port locations and the number 
of traverse points in each stack or duct. Sampling sites must be located 
at the outlet of the control device (or at the outlet of the emissions 
source if no control device is present) prior to any releases to the 
atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric 
flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 18 to determine the VOHAP concentration. Alternatively, 
you may use Method 25 to determine the concentration of total gaseous 
nonmethane organics (TGNMO) or Method 25A to determine the concentration 
of total organic compounds (TOC), using hexane as the calibration gas.
    (2) Determine the average VOHAP, TGNMO, or TOC concentration using a 
minimum of three valid test runs. Each test run must include a minimum 
of 60 continuous operating minutes.
    (3) For a cupola metal melting furnace, correct the measured 
concentration of VOHAP, TGNMO, or TOC for oxygen content in the gas 
stream using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.002

Where:

CVOHAP = Concentration of VOHAP in ppmv as measured by Method 
18 in 40 CFR part 60, appendix A or the concentration of TGNMO or TOC in 
ppmv as hexane as measured by Method 25 or 25A in 40 CFR part 60, 
appendix A; and
%O2 = Oxygen concentration in gas stream, percent by volume 
(dry basis).

    (4) For a cupola metal melting furnace, measure the combustion zone 
temperature of the combustion device with the CPMS required in Sec. 
63.7740(d) during each sampling run in 15-minute intervals. Determine 
and record the 15-minute average of the three runs.
    (f) Follow the applicable procedures in paragraphs (f)(1) through 
(3) of this section to determine compliance with the VOHAP emissions 
limit in Sec. 63.7690(a)(10) for automated pallet cooling lines or 
automated shakeout lines.
    (1) Follow these procedures to demonstrate compliance by direct 
measurement of total hydrocarbons (a surrogate for VOHAP) using a 
volatile organic compound (VOC) CEMS.
    (i) Using the VOC CEMS required in Sec. 63.7740(g), measure and 
record the concentration of total hydrocarbons (as hexane) for 180 
continuous operating minutes. You must measure emissions at the outlet 
of the control device (or at the outlet of the emissions source if no 
control device is present) prior to any releases to the atmosphere.
    (ii) Reduce the monitoring data to hourly averages as specified in 
Sec. 63.8(g)(2).
    (iii) Compute and record the 3-hour average of the monitoring data.
    (2) As an alternative to the procedures in paragraph (f)(1) of this 
section, you may demonstrate compliance with the VOHAP emissions limit 
in Sec. 63.7690(a)(10) by establishing a site-specific TOC emissions 
limit that is correlated to the VOHAP emissions limit according to the 
procedures in

[[Page 165]]

paragraph (f)(2)(i) through (ix) of this section.
    (i) Determine the VOHAP concentration for each test run according to 
the test methods in 40 CFR part 60, appendix A that are specified in 
paragraph (f)(2)(ii) through (vi) of this section.
    (ii) Method 1 or 1A to select sampling port locations and the number 
of traverse points in each stack or duct. Sampling sites must be located 
at the outlet of the control device (or at the outlet of the emissions 
source if no control device is present) prior to any releases to the 
atmosphere.
    (iii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric 
flow rate of the stack gas.
    (iv) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (v) Method 4 to determine the moisture content of the stack gas.
    (vi) Method 18 to determine the VOHAP concentration. Alternatively, 
you may use Method 25 to determine the concentration of TGNMO using 
hexane as the calibration gas.
    (vii) Using the CEMS required in Sec. 63.7740(g), measure and 
record the concentration of total hydrocarbons (as hexane) during each 
of the Method 18 (or Method 25) sampling runs. You must measure 
emissions at the outlet of the control device (or at the outlet of the 
emissions source if no control device is present) prior to any releases 
to the atmosphere.
    (viii) Calculate the average VOHAP (or TGNMO) concentration for the 
source test as the arithmetic average of the concentrations measured for 
the individual test runs, and determine the average concentration of 
total hydrocarbon (as hexane) as measured by the CEMS during all test 
runs.
    (ix) Calculate the site-specific VOC emissions limit using Equation 
4 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.003

Where:

CVOHAP,avg = Average concentration of VOHAP for the source 
test in ppmv as measured by Method 18 in 40 CFR part 60, appendix A or 
the average concentration of TGNMO for the source test in ppmv as hexane 
as measured by Method 25 in 40 CFR part 60, appendix A; and
CCEM = Average concentration of total hydrocarbons in ppmv as 
hexane as measured using the CEMS during the source test.

    (3) For two or more exhaust streams from one or more automated 
conveyor and pallet cooling lines or automated shakeout lines, compute 
the flow-weighted average concentration of VOHAP emissions for each 
combination of exhaust streams using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.004

Where:

Cw = Flow-weighted concentration of VOHAP or VOC, ppmv (as 
hexane);
Ci = Concentration of VOHAP or VOC from exhaust stream ``i'', 
ppmv (as hexane);
n = Number of exhaust streams sampled; and
Qi = Volumetric flow rate of effluent gas from exhaust stream 
``i,'', dscfm.

    (g) To determine compliance with the emissions limit or standard in 
Sec. 63.7690(a)(11) for a TEA cold box mold or core making line, follow 
the test methods in 40 CFR part 60, appendix A, specified in paragraphs 
(g)(1) through (4) of this section.
    (1) Determine the TEA concentration for each test run according to 
the test methods in 40 CFR part 60, appendix A that are specified in 
paragraphs (g)(1)(i) through (v) of this section.
    (i) Method 1 or 1A to select sampling port locations and the number 
of traverse points in each stack or duct. If you elect to meet the 99 
percent reduction standard, sampling sites must be located both at the 
inlet to the control device and at the outlet of the control device 
prior to any releases to the atmosphere. If you elect to meet the 
concentration limit, the sampling site must be located at the outlet of 
the control device (or at the outlet of the emissions source if no 
control device is present) prior to any releases to the atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric 
flow rate of the stack gas.

[[Page 166]]

    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 18 to determine the TEA concentration. Alternatively, you 
may use NIOSH Method 2010 (incorporated by reference--see Sec. 63.14) 
to determine the TEA concentration provided the performance requirements 
outlined in section 13.1 of EPA Method 18 are satisfied. The sampling 
option and time must be sufficiently long such that either the TEA 
concentration in the field sample is at least 5 times the limit of 
detection for the analytical method or the test results calculated using 
the laboratory's reported analytical detection limit for the specific 
field samples are less than \1/5\ of the applicable emissions limit. 
When using Method 18, the adsorbent tube approach, as described in 
section 8.2.4 of Method 18, may be required to achieve the necessary 
analytical detection limits. The sampling time must be at least 1 hour 
in all cases.
    (2) If you use a wet acid scrubber, conduct the test as soon as 
practicable after adding fresh acid solution and the system has reached 
normal operating conditions.
    (3) If you use a wet acid scrubber that is subject to the operating 
limit in Sec. 63.7690(b)(5)(ii) for pH level, determine the pH of the 
scrubber blowdown using the procedures in paragraph (g)(3)(i) or (ii) of 
this section.
    (i) Measure the pH of the scrubber blowdown with the CPMS required 
in Sec. 63.7740(f)(2) during each TEA sampling run in intervals of no 
more than 15 minutes. Determine and record the 3-hour average; or
    (ii) Measure and record the pH level using the probe and meter 
required in Sec. 63.7740(f)(2) once each sampling run. Determine and 
record the average pH level for the three runs.
    (4) If you are subject to the 99 percent reduction standard, 
calculate the mass emissions reduction using Equation 6 of this section:

[GRAPHIC] [TIFF OMITTED] TR07FE08.005

Where:

Ei = Mass emissions rate of TEA at control device inlet, 
kilograms per hour (kg/hr); and
Eo = Mass emissions rate of TEA at control device outlet, kg/
hr.

    (h) To determine compliance with the PM or total metal HAP emissions 
limits in Sec. 63.7690(a)(1) through (6) when one or more regulated 
emissions sources are combined with either another regulated emissions 
source subject to a different emissions limit or other non-regulated 
emissions sources, you may demonstrate compliance using one of the 
procedures in paragraphs (h)(1) through (3) of this section.
    (1) Meet the most stringent applicable emissions limit for the 
regulated emissions sources included in the combined emissions stream 
for the combined emissions stream.
    (2) Use the procedures in paragraphs (h)(2)(i) through (iii) of this 
section.
    (i) Determine the volumetric flow rate of the individual regulated 
streams for which emissions limits apply.
    (ii) Calculate the flow-weighted average emissions limit, 
considering only the regulated streams, using Equation 5 of this 
section, except Cw is the flow-weighted average emissions 
limit for PM or total metal HAP in the exhaust stream, gr/dscf; and 
Ci is the concentration of PM or total metal HAP in exhaust 
stream ``i'', gr/dscf.
    (iii) Meet the calculated flow-weighted average emissions limit for 
the regulated emissions sources included in the combined emissions 
stream for the combined emissions stream.
    (3) Use the procedures in paragraphs (h)(3)(i) through (iii) of this 
section.
    (i) Determine the PM or total metal HAP concentration of each of the 
regulated streams prior to the combination with other exhaust streams or 
control device.
    (ii) Measure the flow rate and PM or total metal HAP concentration 
of the combined exhaust stream both before and after the control device 
and calculate the mass removal efficiency of the control device using 
Equation 6 of this section, except Ei is the mass emissions 
rate of PM or total metal HAP at the control device inlet, lb/hr and 
Eo is the mass emissions rate of

[[Page 167]]

PM or total metal HAP at the control device outlet, lb/hr.
    (iii) Meet the applicable emissions limit based on the calculated PM 
or total metal HAP concentration for the regulated emissions sources 
using Equation 7 of this section:

[GRAPHIC] [TIFF OMITTED] TR07FE08.006

Where:

Creleased = Calculated concentration of PM (or total metal 
HAP) predicted to be released to the atmosphere from the regulated 
emissions source, gr/dscf; and
Ci = Concentration of PM (or total metal HAP) in the 
uncontrolled regulated exhaust stream, gr/dscf.

    (i) To determine compliance with an emissions limit for situations 
when multiple sources are controlled by a single control device, but 
only one source operates at a time, or other situations that are not 
expressly considered in paragraphs (b) through (h) of this section, a 
site-specific test plan should be submitted to the Administrator for 
approval according to the requirements in Sec. 63.7(c)(2) and (3).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7219, Feb. 7, 2008]



Sec. 63.7733  What procedures must I use to establish operating limits?

    (a) For each capture system subject to operating limits in Sec. 
63.7690(b)(1)(ii), you must establish site-specific operating limits in 
your operation and maintenance plan according to the procedures in 
paragraphs (a)(1) through (3) of this section.
    (1) Concurrent with applicable emissions and opacity tests, measure 
and record values for each of the operating limit parameters in your 
capture system operation and maintenance plan according to the 
monitoring requirements in Sec. 63.7740(a).
    (2) For any dampers that are manually set and remain at the same 
position at all times the capture system is operating, the damper 
position must be visually checked and recorded at the beginning and end 
of each run.
    (3) Review and record the monitoring data. Identify and explain any 
times the capture system operated outside the applicable operating 
limits.
    (b) For each wet scrubber subject to the operating limits in Sec. 
63.7690(b)(2) for pressure drop and scrubber water flow rate, you must 
establish site-specific operating limits according to the procedures 
specified in paragraphs (b)(1) and (2) of this section.
    (1) Using the CPMS required in Sec. 63.7740(c), measure and record 
the pressure drop and scrubber water flow rate in intervals of no more 
than 15 minutes during each PM test run.
    (2) Compute and record the average pressure drop and average 
scrubber water flow rate for each valid sampling run in which the 
applicable emissions limit is met.
    (c) For each combustion device applied to emissions from a scrap 
preheater or TEA cold box mold or core making line subject to the 
operating limit in Sec. 63.7690(b)(4) for combustion zone temperature, 
you must establish a site-specific operating limit according to the 
procedures specified in paragraphs (c)(1) and (2) of this section.
    (1) Using the CPMS required in Sec. 63.7740(e), measure and record 
the combustion zone temperature during each sampling run in intervals of 
no more than 15 minutes.
    (2) Compute and record the average combustion zone temperature for 
each valid sampling run in which the applicable emissions limit is met.
    (d) For each acid wet scrubber subject to the operating limit in 
Sec. 63.7690(b)(5), you must establish a site-specific operating limit 
for scrubbing liquid flow rate according to the procedures specified in 
paragraphs (d)(1) and (2) of this section.
    (1) Using the CPMS required in Sec. 63.7740(f), measure and record 
the scrubbing liquid flow rate during each

[[Page 168]]

TEA sampling run in intervals of no more than 15 minutes.
    (2) Compute and record the average scrubbing liquid flow rate for 
each valid sampling run in which the applicable emissions limit is met.
    (e) You may change the operating limits for a capture system, wet 
scrubber, acid wet scrubber, or combustion device if you meet the 
requirements in paragraphs (e)(1) through (3) of this section.
    (1) Submit a written notification to the Administrator of your 
request to conduct a new performance test to revise the operating limit.
    (2) Conduct a performance test to demonstrate compliance with the 
applicable emissions limitation in Sec. 63.7690.
    (3) Establish revised operating limits according to the applicable 
procedures in paragraphs (a) through (d) of this section.
    (f) You may use a previous performance test (conducted since 
December 22, 2002) to establish an operating limit provided the test 
meets the requirements of this subpart.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]



Sec. 63.7734  How do I demonstrate initial compliance with the emissions 

limitations that apply to me?

    (a) You have demonstrated initial compliance with the emissions 
limits in Sec. 63.7690(a) by meeting the applicable conditions in 
paragraphs (a)(1) through (11) of this section. When alternative 
emissions limitations are provided for a given emissions source, you are 
not restricted in the selection of which applicable alternative 
emissions limitation is used to demonstrate compliance.
    (1) For each electric arc metal melting furnace, electric induction 
metal melting furnace, or scrap preheater at an existing iron and steel 
foundry,
    (i) The average PM concentration in the exhaust stream, determined 
according to the performance test procedures in Sec. 63.7732(b), did 
not exceed 0.005 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec. 
63.7732(c), did not exceed 0.0004 gr/dscf.
    (2) For each cupola metal melting furnace at an existing iron and 
steel foundry,
    (i) The average PM concentration in the exhaust stream, determined 
according to the performance test procedures in Sec. 63.7732(b), did 
not exceed 0.006 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec. 
63.7732(c), did not exceed 0.0005 gr/dscf; or
    (iii) The average PM mass emissions rate, determined according to 
the performance test procedures in Sec. 63.7732(b), did not exceed 0.10 
pound of PM per ton (lb/ton) of metal charged; or
    (iv) The average total metal HAP mass emissions rate, determined 
according to the performance test procedures in Sec. 63.7732(c), did 
not exceed 0.008 pound of total metal HAP per ton (lb/ton) of metal 
charged.
    (3) For each cupola metal melting furnace or electric arc metal 
melting furnace at a new iron and steel foundry,
    (i) The average PM concentration in the exhaust stream, determined 
according to the performance test procedures in Sec. 63.7732(b), did 
not exceed 0.002 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec. 
63.7732(c), did not exceed 0.0002 gr/dscf.
    (4) For each electric induction metal melting furnace or scrap 
preheater at a new iron and steel foundry,
    (i) The average PM concentration in the exhaust stream, determined 
according to the performance test procedures in Sec. 63.7732(b), did 
not exceed 0.001 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec. 
63.7732(c), did not exceed 0.00008 gr/dscf.
    (5) For each pouring station at an existing iron and steel foundry,
    (i) The average PM concentration in the exhaust stream, measured 
according to the performance test procedures

[[Page 169]]

in Sec. 63.7732(b), did not exceed 0.010 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec. 
63.7732(c), did not exceed 0.0008 gr/dscf.
    (6) For each pouring area or pouring station at a new iron and steel 
foundry,
    (i) The average PM concentration in the exhaust stream, measured 
according to the performance test procedures in Sec. 63.7732(b), did 
not exceed 0.002 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec. 
63.7732(c), did not exceed 0.0002 gr/dscf.
    (7) For each building or structure housing any iron and steel 
foundry emissions source at the iron and steel foundry, the opacity of 
fugitive emissions from foundry operations discharged to the atmosphere, 
determined according to the performance test procedures in Sec. 
63.7732(d), did not exceed 20 percent (6-minute average), except for one 
6-minute average per hour that did not exceed 27 percent opacity.
    (8) For each cupola metal melting furnace at a new or existing iron 
and steel foundry, the average VOHAP concentration, determined according 
to the performance test procedures in Sec. 63.7732(e), did not exceed 
20 ppmv corrected to 10 percent oxygen.
    (9) For each scrap preheater at an existing iron and steel foundry 
that does not meet the work practice standards in Sec. 63.7700(e)(1) or 
(2) and for each scrap preheater at a new iron and steel foundry that 
does not meet the work practice standard in Sec. 63.7700(f), the 
average VOHAP concentration determined according to the performance test 
procedures in Sec. 63.7732(e), did not exceed 20 ppmv.
    (10) For one or more automated conveyor and pallet cooling lines 
that use a sand mold system or automated shakeout lines that use a sand 
mold system at a new foundry,
    (i) You have reduced the data from the CEMS to 3-hour averages 
according to the performance test procedures in Sec. 63.7732(f)(1) or 
(2); and
    (ii) The 3-hour flow-weighted average VOHAP concentration, measured 
according to the performance test procedures in Sec. 63.7332(f)(1) or 
(2), did not exceed 20 ppmv.
    (11) For each TEA cold box mold or core making line in a new or 
existing iron and steel foundry, the average TEA concentration, 
determined according to the performance test procedures in Sec. 
63.7732(g), did not exceed 1 ppmv or was reduced by 99 percent.
    (b) You have demonstrated initial compliance with the operating 
limits in Sec. 63.7690(b) if:
    (1) For each capture system subject to the operating limit in Sec. 
63.7690(b)(1)(ii),
    (i) You have established appropriate site-specific operating limits 
in your operation and maintenance plan according to the requirements in 
Sec. 63.7710(b); and
    (ii) You have a record of the operating parameter data measured 
during the performance test in accordance with Sec. 63.7733(a); and
    (2) For each wet scrubber subject to the operating limits in Sec. 
63.7690(b)(2) for pressure drop and scrubber water flow rate, you have 
established appropriate site-specific operating limits and have a record 
of the pressure drop and scrubber water flow rate measured during the 
performance test in accordance with Sec. 63.7733(b).
    (3) For each combustion device subject to the operating limit in 
Sec. 63.7690(b)(3) for combustion zone temperature, you have a record 
of the combustion zone temperature measured during the performance test 
in accordance with Sec. 63.7732(e)(4).
    (4) For each combustion device subject to the operating limit in 
Sec. 63.7690(b)(4) for combustion zone temperature, you have 
established appropriate site-specific operating limits and have a record 
of the combustion zone temperature measured during the performance test 
in accordance with Sec. 63.7733(c).
    (5) For each acid wet scrubber subject to the operating limits in 
Sec. 63.7690(b)(5) for scrubbing liquid flow rate and scrubber blowdown 
pH,
    (i) You have established appropriate site-specific operating limits 
for the scrubbing liquid flow rate and have a record of the scrubbing 
liquid flow rate

[[Page 170]]

measured during the performance test in accordance with Sec. 
63.7733(d); and
    (ii) You have a record of the pH of the scrubbing liquid blowdown 
measured during the performance test in accordance with Sec. 
63.7732(g)(3).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]



Sec. 63.7735  How do I demonstrate initial compliance with the work practice 

standards that apply to me?

    (a) For each iron and steel foundry subject to the certification 
requirement in Sec. 63.7700(b), you have demonstrated initial 
compliance if you have certified in your notification of compliance 
status that: ``At all times, your foundry will purchase and use only 
metal ingots, pig iron, slitter, or other materials that do not include 
post-consumer automotive body scrap, post-consumer engine blocks, post-
consumer oil filters, oily turnings, lead components, mercury switches, 
plastics, or free organic liquids.''
    (b) For each iron and steel foundry subject to the requirements in 
Sec. 63.7700(c) for a scrap inspection and selection plan, you have 
demonstrated initial compliance if you have certified in your 
notification of compliance status that:
    (1) You have submitted a written plan to the Administrator for 
approval according to the requirements in Sec. 63.7700(c); and
    (2) You will operate at all times according to the plan 
requirements.
    (c) For each furan warm box mold or core making line in a new or 
existing foundry subject to the work practice standard in Sec. 
63.7700(d), you have demonstrated initial compliance if you have 
certified in your notification of compliance status that:
    (1) You will meet the no methanol requirement for the catalyst 
portion of each binder chemical formulation; and
    (2) You have records documenting your certification of compliance, 
such as a material safety data sheet (provided that it contains 
appropriate information), a certified product data sheet, or a 
manufacturer's hazardous air pollutant data sheet, onsite and available 
for inspection.
    (d) For each scrap preheater at an existing iron and steel foundry 
subject to the work practice standard in Sec. 63.7700(e)(1) or (2), you 
have demonstrated initial compliance if you have certified in your 
notification of compliance status that:
    (1) You have installed a gas-fired preheater where the flame 
directly contacts the scrap charged, you will operate and maintain each 
gas-fired scrap preheater such that the flame directly contacts the 
scrap charged, and you have records documenting your certification of 
compliance that are onsite and available for inspection; or
    (2) You will charge only material that is subject to and in 
compliance with the scrap certification requirements in Sec. 63.7700(b) 
and you have records documenting your certification of compliance that 
are onsite and available for inspection.
    (e) For each scrap preheater at a new iron and steel foundry subject 
to the work practice standard in Sec. 63.7700(f), you have demonstrated 
initial compliance if you have certified in your notification of 
compliance status that you will charge only material that is subject to 
and in compliance with the scrap certification requirements in Sec. 
63.7700(b) and you have records documenting your certification of 
compliance that are onsite and available for inspection.

[69 FR 21923, Apr. 22, 2004, as amended at 70 FR 29404, May 20, 2005]



Sec. 63.7736  How do I demonstrate initial compliance with the operation and 

maintenance requirements that apply to me?

    (a) For each capture system subject to an operating limit in Sec. 
63.7690(b), you have demonstrated initial compliance if you have met the 
conditions in paragraphs (a)(1) and (2) of this section.
    (1) You have certified in your notification of compliance status 
that:
    (i) You have submitted the capture system operation and maintenance 
plan to the Administrator for approval according to the requirements of 
Sec. 63.7710(b); and
    (ii) You will inspect, operate, and maintain each capture system 
according to the procedures in the plan.
    (2) You have certified in your performance test report that the 
system

[[Page 171]]

operated during the test at the operating limits established in your 
operation and maintenance plan.
    (b) For each control device subject to an operating limit in Sec. 
63.7690(b), you have demonstrated initial compliance if you have 
certified in your notification of compliance status that:
    (1) You have submitted the control device operation and maintenance 
plan to the Administrator for approval according to the requirements of 
Sec. 63.7710(b); and
    (2) You will inspect, operate, and maintain each control device 
according to the procedures in the plan.
    (c) For each bag leak detection system, you have demonstrated 
initial compliance if you have certified in your notification of 
compliance status that:
    (1) You have submitted the bag leak detection system monitoring 
information to the Administrator within the written O&M plan for 
approval according to the requirements of Sec. 63.7710(b);
    (2) You will inspect, operate, and maintain each bag leak detection 
system according to the procedures in the plan; and
    (3) You will follow the corrective action procedures for bag leak 
detection system alarms according to the requirements in the plan.
    (d) For each pouring area and pouring station in a new or existing 
foundry, you have demonstrated initial compliance if you have certified 
in your notification of compliance status report that:
    (1) You have submitted the mold vent ignition plan to the 
Administrator for approval according to the requirements in Sec. 
63.7710(b); and
    (2) You will follow the procedures for igniting mold vent gases 
according to the requirements in the plan.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]

                   Continuous Compliance Requirements



Sec. 63.7740  What are my monitoring requirements?

    (a) For each capture system subject to an operating limit in Sec. 
63.7690(b)(1), you must install, operate, and maintain a CPMS according 
to the requirements in Sec. 63.7741(a) and the requirements in 
paragraphs (a)(1) and (2) of this section.
    (1) If you use a flow measurement device to monitor the operating 
limit parameter, you must at all times monitor the hourly average rate 
(e.g., the hourly average actual volumetric flow rate through each 
separately ducted hood or the average hourly total volumetric flow rate 
at the inlet to the control device).
    (2) Dampers that are manually set and remain in the same position 
are exempt from the requirement to install and operate a CPMS. If 
dampers are not manually set and remain in the same position, you must 
make a visual check at least once every 24 hours to verify that each 
damper for the capture system is in the same position as during the 
initial performance test.
    (b) For each negative pressure baghouse or positive pressure 
baghouse equipped with a stack that is applied to meet any PM or total 
metal HAP emissions limitation in this subpart, you must at all times 
monitor the relative change in PM loadings using a bag leak detection 
system according to the requirements in Sec. 63.7741(b).
    (c) For each baghouse, regardless of type, that is applied to meet 
any PM or total metal HAP emissions limitation in this subpart, you must 
conduct inspections at their specified frequencies according to the 
requirements specified in paragraphs (c)(1) through (8) of this section.
    (1) Monitor the pressure drop across each baghouse cell each day to 
ensure pressure drop is within the normal operating range identified in 
the manual.
    (2) Confirm that dust is being removed from hoppers through weekly 
visual inspections or other means of ensuring the proper functioning of 
removal mechanisms.
    (3) Check the compressed air supply for pulse-jet baghouses each 
day.
    (4) Monitor cleaning cycles to ensure proper operation using an 
appropriate methodology.
    (5) Check bag cleaning mechanisms for proper functioning through 
monthly visual inspections or equivalent means.
    (6) Make monthly visual checks of bag tension on reverse air and 
shaker-type baghouses to ensure that bags are

[[Page 172]]

not kinked (kneed or bent) or lying on their sides. You do not have to 
make this check for shaker-type baghouses using self-tensioning (spring-
loaded) devices.
    (7) Confirm the physical integrity of the baghouse through quarterly 
visual inspections of the baghouse interior for air leaks.
    (8) Inspect fans for wear, material buildup, and corrosion through 
quarterly visual inspections, vibration detectors, or equivalent means.
    (d) For each wet scrubber subject to the operating limits in Sec. 
63.7690(b)(2), you must at all times monitor the 3-hour average pressure 
drop and scrubber water flow rate using CPMS according to the 
requirements in Sec. 63.7741(c).
    (e) For each combustion device subject to the operating limit in 
Sec. 63.7690(b)(3), you must at all times monitor the 15-minute average 
combustion zone temperature using a CPMS according to the requirements 
of Sec. 63.7741(d).
    (f) For each combustion device subject to the operating limit in 
Sec. 63.7690(b)(4), you must at all times monitor the 3-hour average 
combustion zone temperature using CPMS according to the requirements in 
Sec. 63.7741(d).
    (g) For each wet acid scrubber subject to the operating limits in 
Sec. 63.7690(b)(5),
    (1) You must at all times monitor the 3-hour average scrubbing 
liquid flow rate using CPMS according to the requirements of Sec. 
63.7741(e)(1); and
    (2) You must at all times monitor the 3-hour average pH of the 
scrubber blowdown using CPMS according to the requirements in Sec. 
63.7741(e)(2) or measure and record the pH of the scrubber blowdown once 
per production cycle using a pH probe and meter according to the 
requirements in Sec. 63.7741(e)(3).
    (h) For one or more automated conveyor and pallet cooling lines and 
automated shakeout lines at a new iron and steel foundry subject to the 
VOHAP emissions limit in Sec. 63.7690(a)(10), you must at all times 
monitor the 3-hour average VOHAP concentration using a CEMS according to 
the requirements of Sec. 63.7741(g).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]



Sec. 63.7741  What are the installation, operation, and maintenance 

requirements for my monitors?

    (a) For each capture system subject to an operating limit in Sec. 
63.7690(b)(1), you must install, operate, and maintain each CPMS 
according to the requirements in paragraphs (a)(1) through (3) of this 
section.
    (1) If you use a flow measurement device to monitor an operating 
limit parameter for a capture system, you must meet the requirements in 
paragraphs (a)(1)(i) through (iv) of this section.
    (i) Locate the flow sensor and other necessary equipment such as 
straightening vanes in a position that provides a representative flow 
and that reduces swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (ii) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the flow rate.
    (iii) Conduct a flow sensor calibration check at least semiannually.
    (iv) At least monthly, visually inspect all components, including 
all electrical and mechanical connections, for proper functioning.
    (2) If you use a pressure measurement device to monitor the 
operating limit parameter for a capture system, you must meet the 
requirements in paragraphs (a)(2)(i) through (vi) of this section.
    (i) Locate the pressure sensor(s) in or as close as possible to a 
position that provides a representative measurement of the pressure and 
that minimizes or eliminates pulsating pressure, vibration, and internal 
and external corrosion.
    (ii) Use a gauge with a minimum measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.
    (iii) Check the pressure tap for pluggage daily. If a ``non-
clogging'' pressure tap is used, check for pluggage monthly.
    (iv) Using a manometer or equivalent device such as a magnahelic or 
other pressure indicating transmitter, check gauge and transducer 
calibration quarterly.

[[Page 173]]

    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range, or install a 
new pressure sensor.
    (vi) At least monthly, visually inspect all components, including 
all electrical and mechanical connections, for proper functioning.
    (3) Record the results of each inspection, calibration, and 
validation check.
    (b) For each negative pressure baghouse or positive pressure 
baghouse equipped with a stack that is applied to meet any PM or total 
metal HAP emissions limitation in this subpart, you must install, 
operate, and maintain a bag leak detection system according to the 
requirements in paragraphs (b)(1) through (7) of this section.
    (1) The system must be certified by the manufacturer to be capable 
of detecting emissions of particulate matter at concentrations of 10 
milligrams per actual cubic meter (0.0044 grains per actual cubic foot) 
or less.
    (2) The bag leak detection system sensor must provide output of 
relative particulate matter loadings and the owner or operator shall 
continuously record the output from the bag leak detection system using 
electronic or other means (e.g., using a strip chart recorder or a data 
logger).
    (3) The system must be equipped with an alarm that will sound when 
an increase in relative particulate loadings is detected over the alarm 
set point established in the operation and maintenance plan, and the 
alarm must be located such that it can be heard by the appropriate plant 
personnel.
    (4) The initial adjustment of the system must, at minimum, consist 
of establishing the baseline output by adjusting the sensitivity (range) 
and the averaging period of the device, and establishing the alarm set 
points and the alarm delay time (if applicable).
    (5) Following the initial adjustment, do not adjust the sensitivity 
or range, averaging period, alarm set point, or alarm delay time without 
approval from the Administrator. Except, once per quarter, you may 
adjust the sensitivity of the bag leak detection system to account for 
seasonable effects including temperature and humidity according to the 
procedures in the operation and maintenance plan required by Sec. 
63.7710(b).
    (6) For negative pressure, induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag leak detector sensor must be installed downstream of the 
baghouse and upstream of any wet scrubber.
    (7) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) For each wet scrubber subject to the operating limits in Sec. 
63.7690(b)(2), you must install and maintain CPMS to measure and record 
the pressure drop and scrubber water flow rate according to the 
requirements in paragraphs (c)(1) and (2) of this section.
    (1) For each CPMS for pressure drop you must:
    (i) Locate the pressure sensor in or as close as possible to a 
position that provides a representative measurement of the pressure drop 
and that minimizes or eliminates pulsating pressure, vibration, and 
internal and external corrosion.
    (ii) Use a gauge with a minimum measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.
    (iii) Check the pressure tap for pluggage daily. If a ``non-
clogging'' pressure tap is used, check for pluggage monthly.
    (iv) Using a manometer or equivalent device such as a magnahelic or 
other pressure indicating transmitter, check gauge and transducer 
calibration quarterly.
    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range, or install a 
new pressure sensor.
    (vi) At least monthly, visually inspect all components, including 
all electrical and mechanical connections, for proper functioning.
    (2) For each CPMS for scrubber liquid flow rate, you must:
    (i) Locate the flow sensor and other necessary equipment in a 
position that provides a representative flow and that

[[Page 174]]

reduces swirling flow or abnormal velocity distributions due to upstream 
and downstream disturbances.
    (ii) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the flow rate.
    (iii) Conduct a flow sensor calibration check at least semiannually 
according to the manufacturer's instructions.
    (iv) At least monthly, visually inspect all components, including 
all electrical and mechanical connections, for proper functioning.
    (d) For each combustion device subject to the operating limit in 
Sec. 63.7690(b)(3) or (4), you must install and maintain a CPMS to 
measure and record the combustion zone temperature according to the 
requirements in paragraphs (d)(1) through (8) of this section.
    (1) Locate the temperature sensor in a position that provides a 
representative temperature.
    (2) For a noncryogenic temperature range, use a temperature sensor 
with a minimum tolerance of 2.2 [deg]C or 0.75 percent of the 
temperature value, whichever is larger.
    (3) For a cryogenic temperature range, use a temperature sensor with 
a minimum tolerance of 2.2 [deg]C or 2 percent of the temperature value, 
whichever is larger.
    (4) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (5) If you use a chart recorder, it must have a sensitivity in the 
minor division of at least 20 [deg]F.
    (6) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, conduct a temperature sensor 
validation check, in which a second or redundant temperature sensor 
placed nearby the process temperature sensor must yield a reading within 
16.7 [deg]C of the process temperature sensor's reading.
    (7) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range, or install a new temperature sensor.
    (8) At least monthly, visually inspect all components, including all 
electrical and mechanical connections, for proper functioning.
    (e) For each wet acid scrubber subject to the operating limits in 
Sec. 63.7690(b)(5), you must:
    (1) Install and maintain CPMS to measure and record the scrubbing 
liquid flow rate according to the requirements in paragraph (c)(2) of 
this section; and
    (2) Install and maintain CPMS to measure and record the pH of the 
scrubber blowdown according to the requirements in paragraph (e)(2)(i) 
through (iv) of this section.
    (i) Locate the pH sensor in a position that provides a 
representative measurement of the pH and that minimizes or eliminates 
internal and external corrosion.
    (ii) Use a gauge with a minimum measurement sensitivity of 0.1 pH or 
a transducer with a minimum measurement sensitivity of 5 percent of the 
pH range.
    (iii) Check gauge calibration quarterly and transducer calibration 
monthly using a manual pH gauge.
    (iv) At least monthly, visually inspect all components, including 
all electrical and mechanical connections, for proper functioning.
    (3) As an alternative to the CPMS required in paragraph (e)(2) of 
this section, you may use a pH probe to extract a sample for analysis by 
a pH meter that meets the requirements in paragraphs (e)(3)(i) through 
(iii) of this section.
    (i) The pH meter must have a range of at least 1 to 5 or more;
    (ii) The pH meter must have an accuracy of 0.1; and
    (iii) The pH meter must have a resolution of at least 0.1 pH.
    (f) You must operate each CPMS used to meet the requirements of this 
subpart according to the requirements specified in paragraphs (f)(1) 
through (3) of this section.
    (1) Each CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of three of 
the required four data points to constitute a valid hour of data.

[[Page 175]]

    (2) Each CPMS must have valid hourly data for 100 percent of every 
averaging period.
    (3) Each CPMS must determine and record the hourly average of all 
recorded readings and the 3-hour average of all recorded readings.
    (g) For each automated conveyor and pallet cooling line and 
automated shakeout line at a new iron and steel foundry subject to the 
VOHAP emissions limit in Sec. 63.7690(a)(10), you must install, 
operate, and maintain a CEMS to measure and record the concentration of 
VOHAP emissions according to the requirements in paragraphs (g)(1) 
through (3) of this section.
    (1) You must install, operate, and maintain each CEMS according to 
Performance Specification 8 in 40 CFR part 60, appendix B.
    (2) You must conduct a performance evaluation of each CEMS according 
to the requirements of Sec. 63.8 and Performance Specification 8 in 40 
CFR part 60, appendix B.
    (3) You must operate each CEMS according to the requirements 
specified in paragraph (g)(3)(i) through (iv) of this section.
    (i) As specified in Sec. 63.8(c)(4)(ii), each CEMS must complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period.
    (ii) You must reduce CEMS data as specified in Sec. 63.8(g)(2).
    (iii) Each CEMS must determine and record the 3-hour average 
emissions using all the hourly averages collected for periods during 
which the CEMS is not out-of-control.
    (iv) Record the results of each inspection, calibration, and 
validation check.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]



Sec. 63.7742  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) Except for monitoring malfunctions, associated repairs, and 
required quality assurance or control activities (including as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) any time a source of emissions is operating.
    (b) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emissions or operating 
levels or to fulfill a minimum data availability requirement, if 
applicable. You must use all the data collected during all other periods 
in assessing compliance.
    (c) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring system to provide valid 
data. Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions.



Sec. 63.7743  How do I demonstrate continuous compliance with the emissions 

limitations that apply to me?

    (a) You must demonstrate continuous compliance by meeting the 
applicable conditions in paragraphs (a)(1) through (12) of this section. 
When alternative emissions limitations are provided for a given 
emissions source, you must comply with the alternative emissions 
limitation most recently selected as your compliance alternative.
    (1) For each electric arc metal melting furnace, electric induction 
metal melting furnace, or scrap preheater at an existing iron and steel 
foundry,
    (i) Maintaining the average PM concentration in the exhaust stream 
at or below 0.005 gr/dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.0004 gr/dscf.
    (2) For each cupola metal melting furnace at an existing iron and 
steel foundry,
    (i) Maintaining the average PM concentration in the exhaust stream 
at or below 0.006 gr/dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.0005 gr/dscf; or
    (iii) Maintaining the average PM mass emissions rate at or below 
0.10 pound of PM per ton (lb/ton) of metal charged; or
    (iv) Maintaining the average total metal HAP mass emissions rate at 
or below 0.008 pound of total metal HAP per ton (lb/ton) of metal 
charged.

[[Page 176]]

    (3) For each cupola metal melting furnace or electric arc metal 
melting furnace at new iron and steel foundry, (i) Maintaining the 
average PM concentration in the exhaust stream at or below 0.002 gr/
dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.0002 gr/dscf.
    (4) For each electric induction metal melting furnace or scrap 
preheater at a new iron and steel foundry,
    (i) Maintaining the average PM concentration in the exhaust stream 
at or below 0.001 gr/dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.00008 gr/dscf.
    (5) For each pouring station at an existing iron and steel foundry,
    (i) Maintaining the average PM concentration in the exhaust stream 
at or below 0.010 gr/dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.0008 gr/dscf.
    (6) For each pouring area or pouring station at a new iron and steel 
foundry,
    (i) Maintaining the average PM concentration in the exhaust stream 
at or below 0.002 gr/dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.0002 gr/dscf.
    (7) For each building or structure housing any iron and steel 
foundry emissions source at the iron and steel foundry, maintaining the 
opacity of any fugitive emissions from foundry operations discharged to 
the atmosphere at or below 20 percent opacity (6-minute average), except 
for one 6-minute average per hour that does not exceed 27 percent 
opacity.
    (8) For each cupola metal melting furnace at a new or existing iron 
and steel foundry, maintaining the average VOHAP concentration in the 
exhaust stream at or below 20 ppmv corrected to 10 percent oxygen.
    (9) For each scrap preheater at an existing new iron and steel 
foundry that does not comply with the work practice standard in Sec. 
63.7700(e)(1) or (2) and for each scrap preheater at a new iron and 
steel foundry that does not comply with the work practice standard in 
Sec. 63.7700(f), maintaining the average VOHAP concentration in the 
exhaust stream at or below 20 ppmv.
    (10) For one or more automated conveyor and pallet cooling lines or 
automated shakeout lines that use a sand mold system at a new iron and 
steel foundry,
    (i) Maintaining the 3-hour flow-weighted average VOHAP concentration 
in the exhaust stream at or below 20 ppmv;
    (ii) Inspecting and maintaining each CEMS according to the 
requirements of Sec. 63.7741(g) and recording all information needed to 
document conformance with these requirements; and
    (iii) Collecting and reducing monitoring data for according to the 
requirements of Sec. 63.7741(g) and recording all information needed to 
document conformance with these requirements.
    (11) For each TEA cold box mold or core making line at a new or 
existing iron and steel foundry, maintaining a 99 percent reduction in 
the VOHAP concentration in the exhaust stream or maintaining the average 
VOHAP concentration in the exhaust stream at or below 1 ppmv.
    (12) Conducting subsequent performance tests at least every 5 years 
for each emissions source subject to an emissions limit for PM, total 
metal HAP, VOHAP, or TEA in Sec. 63.7690(a) and subsequent performance 
tests at least every 6 months for each building or structure subject to 
the opacity limit in Sec. 63.7690(a)(7).
    (b) You must demonstrate continuous compliance for each capture 
system subject to an operating limit in Sec. 63.7690(b)(1) by meeting 
the requirements in paragraphs (b)(1) and (2) of this section.
    (1) Operating the capture system at or above the lowest values or 
settings established for the operating limits in your operation and 
maintenance plan; and
    (2) Monitoring the capture system according to the requirements in 
Sec. 63.7740(a) and collecting, reducing, and recording the monitoring 
data for each of the operating limit parameters according to the 
applicable requirements in this subpart.
    (c) For each baghouse,

[[Page 177]]

    (1) Inspecting and maintaining each baghouse according to the 
requirements of Sec. 63.7740(c)(1) through (8) and recording all 
information needed to document conformance with these requirements; and
    (2) If the baghouse is equipped with a bag leak detection system, 
maintaining records of the times the bag leak detection system sounded, 
and for each valid alarm, the time you initiated corrective action, the 
corrective action taken, and the date on which corrective action was 
completed.
    (d) For each wet scrubber that is subject to the operating limits in 
Sec. 63.7690(b)(2), you must demonstrate continuous compliance by:
    (1) Maintaining the 3-hour average pressure drop and 3-hour average 
scrubber water flow rate at levels no lower than those established 
during the initial or subsequent performance test;
    (2) Inspecting and maintaining each CPMS according to the 
requirements of Sec. 63.7741(c) and recording all information needed to 
document conformance with these requirements; and
    (3) Collecting and reducing monitoring data for pressure drop and 
scrubber water flow rate according to the requirements of Sec. 
63.7741(f) and recording all information needed to document conformance 
with these requirements.
    (e) For each combustion device that is subject to the operating 
limit in Sec. 63.7690(b)(3), you must demonstrate continuous compliance 
by:
    (1) Maintaining the 15-minute average combustion zone temperature at 
a level no lower than 1,300 [deg]F;
    (2) Inspecting and maintaining each CPMS according to the 
requirements of Sec. 63.7741(d) and recording all information needed to 
document conformance with these requirements; and
    (3) Collecting and reducing monitoring data for combustion zone 
temperature according to the requirements of Sec. 63.7741(f) and 
recording all information needed to document conformance with these 
requirements.
    (f) For each combustion device that is subject to the operating 
limit in Sec. 63.7690(b)(4), you must demonstrate continuous compliance 
by:
    (1) Maintaining the 3-hour average combustion zone temperature at a 
level no lower that established during the initial or subsequent 
performance test;
    (2) Inspecting and maintaining each CPMS according to the 
requirements of Sec. 63.7741(d) and recording all information needed to 
document conformance with these requirements; and
    (3) Collecting and reducing monitoring data for combustion zone 
temperature according to the requirements of Sec. 63.7741(f) and 
recording all information needed to document conformance with these 
requirements.
    (g) For each acid wet scrubber subject to the operating limits in 
Sec. 63.7690(b)(5), you must demonstrate continuous compliance by:
    (1) Maintaining the 3-hour average scrubbing liquid flow rate at a 
level no lower than the level established during the initial or 
subsequent performance test;
    (2) Maintaining the 3-hour average pH of the scrubber blowdown at a 
level no higher than 4.5 (if measured by a CPMS) or maintaining the pH 
level of the scrubber blowdown during each production shift no higher 
than 4.5;
    (3) Inspecting and maintaining each CPMS according to the 
requirements of Sec. 63.7741(e) and recording all information needed to 
document conformance with these requirements; and
    (4) Collecting and reducing monitoring data for scrubbing liquid 
flow rate and scrubber blowdown pH according to the requirements of 
Sec. 63.7741(f) and recording all information needed to document 
conformance with these requirements. If the pH level of the scrubber 
blowdown is measured by a probe and meter, you must demonstrate 
continuous compliance by maintaining records that document the date, 
time, and results of each sample taken for each production shift.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008]



Sec. 63.7744  How do I demonstrate continuous compliance with the work 

practice standards that apply to me?

    (a) You must maintain records that document continuous compliance 
with the certification requirements in Sec. 63.7700(b) or with the 
procedures in your scrap selection and inspection plan required in Sec. 
63.7700(c). Your

[[Page 178]]

records documenting compliance with the scrap selection and inspection 
plan must include a copy (kept onsite) of the procedures used by the 
scrap supplier for either removing accessible mercury switches or for 
purchasing automobile bodies that have had mercury switches removed, as 
applicable.
    (b) You must keep records of the chemical composition of all 
catalyst binder formulations applied in each furan warm box mold or core 
making line at a new or existing iron and steel foundry to demonstrate 
continuous compliance with the requirements in Sec. 63.7700(d).
    (c) For a scrap preheater at an existing iron and steel foundry, you 
must operate and maintain each gas-fired preheater such that the flame 
directly contacts the scrap charged to demonstrate continuous compliance 
with the requirement Sec. 63.7700(e)(1). If you choose to meet the work 
practice standard in Sec. 63.7700(e)(2), you must keep records to 
document that the scrap preheater charges only material that is subject 
to and in compliance with the scrap certification requirements in Sec. 
63.7700(b).
    (d) For a scrap preheater at a new iron and steel foundry, you must 
keep records to document that each scrap preheater charges only material 
that is subject to and in compliance with the scrap certification 
requirements in Sec. 63.7700(b) to demonstrate continuous compliance 
with the requirement in Sec. 63.7700(f).



Sec. 63.7745  How do I demonstrate continuous compliance with the operation 

and maintenance requirements that apply to me?

    (a) For each capture system and control device for an emissions 
source subject to an emissions limit in Sec. 63.7690(a), you must 
demonstrate continuous compliance with the operation and maintenance 
requirements of Sec. 63.7710 by:
    (1) Making monthly inspections of capture systems and initiating 
corrective action according to Sec. 63.7710(b)(1) and recording all 
information needed to document conformance with these requirements;
    (2) Performing preventative maintenance for each control device 
according to the preventive maintenance plan required by Sec. 
63.7710(b)(3) and recording all information needed to document 
conformance with these requirements;
    (3) Operating and maintaining each bag leak detection system 
according to the site-specific monitoring plan required by Sec. 
63.7710(b)(4) and recording all information needed to demonstrate 
conformance with these requirements;
    (4) Initiating and completing corrective action for a bag leak 
detection system alarm according to the corrective action plan required 
by Sec. 63.7710(b)(5) and recording all information needed to document 
conformance with these requirements; and
    (5) Igniting gases from mold vents according to the procedures in 
the plan required by Sec. 63.7710(b)(6). (Any instance where you fail 
to follow the procedures is a deviation that must be included in your 
semiannual compliance report.)
    (b) You must maintain a current copy of the operation and 
maintenance plans required by Sec. 63.7710(b) onsite and available for 
inspection upon request. You must keep the plans for the life of the 
iron and steel foundry or until the iron and steel foundry is no longer 
subject to the requirements of this subpart.



Sec. 63.7746  What other requirements must I meet to demonstrate continuous 

compliance?

    (a) Deviations. You must report each instance in which you did not 
meet each emissions limitation in Sec. 63.7690 (including each 
operating limit) that applies to you. This requirement includes periods 
of startup, shutdown, and malfunction. You also must report each 
instance in which you did not meet each work practice standard in Sec. 
63.7700 and each operation and maintenance requirement of Sec. 63.7710 
that applies to you. These instances are deviations from the emissions 
limitations, work practice standards, and operation and maintenance 
requirements in this subpart. These deviations must be reported 
according to the requirements of Sec. 63.7751.
    (b) Startups, shutdowns, and malfunctions. (1) Consistent with the 
requirements of Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur 
during a period of

[[Page 179]]

startup, shutdown, or malfunction are not violations if you demonstrate 
to the Administrator's satisfaction that you were operating in 
accordance with Sec. 63.6(e)(1).
    (2) The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations 
according to the provisions in Sec. 63.6(e).

[69 FR 21923, Apr. 22, 2004, as amended at 71 FR 20468, Apr. 20, 2006]



Sec. 63.7747  How do I apply for alternative monitoring requirements for a 

continuous emissions monitoring system?

    (a) You may request an alternative monitoring method to demonstrate 
compliance with the VOHAP emissions limits in Sec. 63.7690(a)(10) for 
automated pallet cooling lines or automated shakeout lines at a new iron 
and steel foundry according to the procedures in this section.
    (b) You can request approval to use an alternative monitoring method 
in the notification of construction or reconstruction for new sources, 
or at any time.
    (c) You must submit a monitoring plan that includes a description of 
the control technique or pollution prevention technique, a description 
of the continuous monitoring system or method including appropriate 
operating parameters that will be monitored, test results demonstrating 
compliance with the emissions limit, operating limit(s) (if applicable) 
determined according to the test results, and the frequency of measuring 
and recording to establish continuous compliance. If applicable, you 
must also include operation and maintenance requirements for the 
monitors.
    (d) The monitoring plan is subject to approval by the Administrator. 
Use of the alternative monitoring method must not begin until approval 
is granted by the Administrator.

                   Notifications, Reports, and Records



Sec. 63.7750  What notifications must I submit and when?

    (a) You must submit all of the notifications required by Sec. Sec. 
63.6(h)(4) and (5), 63.7(b) and (c); 63.8(e); 63.8(f)(4) and (6); 
63.9(b) through (h) that apply to you by the specified dates.
    (b) As specified in Sec. 63.9(b)(2), if you start up your iron and 
steel foundry before April 22, 2004, you must submit your initial 
notification no later than August 20, 2004.
    (c) If you start up your new iron and steel foundry on or after 
April 22, 2004, you must submit your initial notification no later than 
120 calendar days after you become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required by Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test or other 
initial compliance demonstration, you must submit a notification of 
compliance status according to the requirements of Sec. 63.9(h)(2)(ii). 
For opacity performance tests, the notification of compliance status may 
be submitted with the semiannual compliance report in Sec. 63.7751(a) 
and (b) or the semiannual part 70 monitoring report in Sec. 63.7551(d).
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the notification of compliance 
status before the close of business on the 30th calendar day following 
completion of the initial compliance demonstration.
    (2) For each initial compliance demonstration that does include a 
performance test, you must submit the notification of compliance status, 
including the performance test results, before the close of business on 
the 60th calendar day following the completion of the performance test 
according to the requirement specified in Sec. 63.10(d)(2).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008]



Sec. 63.7751  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit a semiannual compliance 
report to your permitting authority according to the requirements 
specified in paragraphs (a)(1) through (5) of this section.

[[Page 180]]

    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your iron and steel foundry by 
Sec. 63.7683 and ending on June 30 or December 31, whichever date comes 
first after the compliance date that is specified for your iron and 
steel foundry.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
first compliance report is due.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date comes 
first after the end of the semiannual reporting period.
    (5) For each iron and steel foundry that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of the dates specified in paragraphs (a)(1) through (4) of this 
section.
    (b) Compliance report contents. Each compliance report must include 
the information specified in paragraphs (b)(1) through (3) of this 
section and, as applicable, paragraphs (b)(4) through (8) of this 
section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took action consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information in Sec. 63.10(d)(5)(i).
    (5) If there were no deviations from any emissions limitations 
(including operating limit), work practice standards, or operation and 
maintenance requirements, a statement that there were no deviations from 
the emissions limitations, work practice standards, or operation and 
maintenance requirements during the reporting period.
    (6) If there were no periods during which a continuous monitoring 
system (including a CPMS or CEMS) was out-of-control as specified by 
Sec. 63.8(c)(7), a statement that there were no periods during which 
the CPMS was out-of-control during the reporting period.
    (7) For each deviation from an emissions limitation (including an 
operating limit) that occurs at an iron and steel foundry for which you 
are not using a continuous monitoring system (including a CPMS or CEMS) 
to comply with an emissions limitation or work practice standard 
required in this subpart, the compliance report must contain the 
information specified in paragraphs (b)(1) through (4) and (b)(7)(i) and 
(ii) of this section. This requirement includes periods of startup, 
shutdown, and malfunction.
    (i) The total operating time of each emissions source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause) as applicable and the corrective action taken.
    (8) For each deviation from an emissions limitation (including an 
operating limit) or work practice standard occurring at an iron and 
steel foundry where you are using a continuous monitoring system 
(including a CPMS or CEMS) to comply with the emissions limitation or 
work practice standard in this subpart, you must include the information 
specified in paragraphs (b)(1) through (4) and (b)(8)(i) through (xi) of 
this section. This requirement includes periods of startup, shutdown, 
and malfunction.
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time that each continuous monitoring system was 
inoperative, except for zero (low-level) and high-level checks.

[[Page 181]]

    (iii) The date, time, and duration that each continuous monitoring 
system was out-of-control, including the information in Sec. 
63.8(c)(8).
    (iv) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (v) A summary of the total duration of the deviations during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and unknown 
causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) A brief description of the process units.
    (ix) A brief description of the continuous monitoring system.
    (x) The date of the latest continuous monitoring system 
certification or audit.
    (xi) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (c) Immediate startup, shutdown, and malfunction report. If you had 
a startup, shutdown, or malfunction during the semiannual reporting 
period that was not consistent with your startup, shutdown, and 
malfunction plan and the source exceeds any applicable emissions 
limitation in Sec. 63.7690, you must submit an immediate startup, 
shutdown, and malfunction report according to the requirements of Sec. 
63.10(d)(5)(ii).
    (d) Part 70 monitoring report. If you have obtained a title V 
operating permit for an iron and steel foundry pursuant to 40 CFR part 
70 or 40 CFR part 71, you must report all deviations as defined in this 
subpart in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report for an iron and steel foundry along with, or as part 
of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance 
report includes all the required information concerning deviations from 
any emissions limitation or operation and maintenance requirement in 
this subpart, submission of the compliance report satisfies any 
obligation to report the same deviations in the semiannual monitoring 
report. However, submission of a compliance report does not otherwise 
affect any obligation you may have to report deviations from permit 
requirements for an iron and steel foundry to your permitting authority.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008]



Sec. 63.7752  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) through 
(4) of this section:
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or notification of compliance status that you 
submitted, according to the requirements of Sec. 63.10(b)(2)(xiv).
    (2) The records specified in Sec. 63.6(e)(3)(iii) through (v) 
related to startup, shutdown, and malfunction.
    (3) Records of performance tests and performance evaluations as 
required by Sec. 63.10(b)(2)(viii).
    (4) Records of the annual quantity of each chemical binder or 
coating material used to coat or make molds and cores, the Material Data 
Safety Sheet or other documentation that provides the chemical 
composition of each component, and the annual quantity of HAP used in 
these chemical binder or coating materials at the foundry as calculated 
from the recorded quantities and chemical compositions (from Material 
Data Safety Sheets or other documentation).
    (b) You must keep the following records for each CEMS.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi).

[[Page 182]]

    (2) Previous (i.e., superseded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (3) Request for alternatives to relative accuracy tests for CEMS as 
required in Sec. 63.8(f)(6)(i).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records required by Sec. Sec. 63.7743, 
63.7744, and 63.7745 to show continuous compliance with each emissions 
limitation, work practice standard, and operation and maintenance 
requirement that applies to you.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008]



Sec. 63.7753  In what form and for how long must I keep my records?

    (a) You must keep your records in a form suitable and readily 
available for expeditious review, according to the requirements of Sec. 
63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record onsite for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record according to the requirements in Sec. 63.10(b)(1). 
You can keep the records for the previous 3 years offsite.

                   Other Requirements and Information



Sec. 63.7760  What parts of the General Provisions apply to me?

    Table 1 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.7761  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If the U.S. EPA Administrator has 
delegated authority to your State, local, or tribal agency, then that 
agency, in addition to the U.S. EPA, has the authority to implement and 
enforce this subpart. You should contact your U.S. EPA Regional Office 
to find out if implementation and enforcement of this subpart is 
delegated to your 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 paragraph (c) of this section 
are retained by the Administrator of the U.S. EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are specified in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to non-opacity emissions limitations in 
Sec. 63.7690 and work practice standards in Sec. 63.7700 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.

                               Definitions



Sec. 63.7765  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act (CAA), 
in Sec. 63.2, and in this section.
    Automated conveyor and pallet cooling line means any dedicated 
conveyor line or area used for cooling molds received from pouring 
stations.
    Automated shakeout line means any mechanical process unit designed 
for and dedicated to separating a casting from a mold. These mechanical 
processes include, but are not limited to, shaker decks, rotary 
separators, and high-frequency vibration units. Automated shakeout lines 
do not include manual processes for separating a casting from a mold, 
such as personnel using a hammer, chisel, pick ax, sledge hammer, or 
jackhammer.
    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter

[[Page 183]]

(dust) loadings in the exhaust of a baghouse to detect bag leaks and 
other upset conditions. A bag leak detection system includes, but is not 
limited to, an instrument that operates on triboelectric, 
electrodynamic, light scattering, light transmittance, or other effect 
to continuously monitor relative particulate matter loadings.
    Binder chemical means a component of a system of chemicals used to 
bind sand together into molds, mold sections, and cores through chemical 
reaction as opposed to pressure.
    Capture system means the collection of components used to capture 
gases and fumes released from one or more emissions points and then 
convey the captured gas stream to a control device or to the atmosphere. 
A capture system may include, but is not limited to, the following 
components as applicable to a given capture system design: duct intake 
devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and 
fans.
    Cold box mold or core making line means a mold or core making line 
in which the formed aggregate is hardened by catalysis with a gas.
    Combustion device means an afterburner, thermal incinerator, or 
scrap preheater.
    Conveyance means the system of equipment that is designed to capture 
pollutants at the source, convey them through ductwork, and exhaust them 
using forced ventilation. A conveyance may, but does not necessarily 
include, control equipment designed to reduce emissions of the 
pollutants. Emissions that are released through windows, vents, or other 
general building ventilation or exhaust systems are not considered to be 
discharged through a conveyance.
    Cooling means the process of molten metal solidification within the 
mold and subsequent temperature reduction prior to shakeout.
    Cupola means a vertical cylindrical shaft furnace that uses coke and 
forms of iron and steel such as scrap and foundry returns as the primary 
charge components and melts the iron and steel through combustion of the 
coke by a forced upward flow of heated air.
    Deviation means any instance in which an affected source or an owner 
or operator of such an affected source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emissions limitation 
(including operating limits), work practice standard, or operation and 
maintenance requirement;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any iron and steel foundry required to obtain such 
a permit; or
    (3) Fails to meet any emissions limitation (including operating 
limits) or work practice standard in this subpart during startup, 
shutdown, or malfunction, regardless of whether or not such failure is 
permitted by this subpart.
    A deviation is not always a violation. The determination of whether 
a deviation constitutes a violation of the standard is up to the 
discretion of the entity responsible for enforcement of the standards.
    Electric arc furnace means a vessel in which forms of iron and steel 
such as scrap and foundry returns are melted through resistance heating 
by an electric current flowing through the arcs formed between the 
electrodes and the surface of the metal and also flowing through the 
metal between the arc paths.
    Electric induction furnace means a vessel in which forms of iron and 
steel such as scrap and foundry returns are melted though resistance 
heating by an electric current that is induced in the metal by passing 
an alternating current through a coil surrounding the metal charge or 
surrounding a pool of molten metal at the bottom of the vessel.
    Emissions limitation means any emissions limit or operating limit.
    Exhaust stream means gases emitted from a process through a 
conveyance as defined in this subpart.
    Free organic liquids means material that fails the paint filter test 
by EPA Method 9095A (incorporated by reference--see Sec. 63.14). That 
is, if any portion of the material passes through and drops from the 
filter within the 5-minute test period, the material contains free 
liquids.

[[Page 184]]

    Fresh acid solution means a sulfuric acid solution used for the 
control of triethylamine emissions that has a pH of 2.0 or less.
    Fugitive emissions means any pollutant released to the atmosphere 
that is not discharged through a conveyance as defined in this subpart.
    Furan warm box mold or core making line means a mold or core making 
line in which the binder chemical system used is that system commonly 
designated as a furan warm box system by the foundry industry.
    Hazardous air pollutant means any substance on the list originally 
established in 112(b)(1) of the CAA and subsequently amended as 
published in the Code of Federal Regulations.
    Iron and steel foundry means a facility or portion of a facility 
that melts scrap, ingot, and/or other forms of iron and/or steel and 
pours the resulting molten metal into molds to produce final or near 
final shape products for introduction into commerce. Research and 
development facilities and operations that only produce non-commercial 
castings are not included in this definition.
    Metal melting furnace means a cupola, electric arc furnace, or 
electric induction furnace that converts scrap, foundry returns, and/or 
other solid forms of iron and/or steel to a liquid state. This 
definition does not include a holding furnace, an argon oxygen 
decarburization vessel, or ladle that receives molten metal from a metal 
melting furnace, to which metal ingots or other material may be added to 
adjust the metal chemistry.
    Mold or core making line means the collection of equipment that is 
used to mix an aggregate of sand and binder chemicals, form the 
aggregate into final shape, and harden the formed aggregate. This 
definition does not include a line for making green sand molds or cores.
    Mold vent means an intentional opening in a mold through which gases 
containing pyrolysis products of organic mold and core constituents 
produced by contact with or proximity to molten metal normally escape 
the mold during and after metal pouring.
    Off blast means those periods of cupola operation when the cupola is 
not actively being used to produce molten metal. Off blast conditions 
include cupola startup when air is introduced to the cupola to preheat 
the sand bed and other cupola startup procedures as defined in the 
startup, shutdown, and malfunction plan. Off blast conditions also 
include idling conditions when the blast air is turned off or down to 
the point that the cupola does not produce additional molten metal.
    On blast means those periods of cupola operation when combustion 
(blast) air is introduced to the cupola furnace and the furnace is 
capable of producing molten metal. On blast conditions are characterized 
by both blast air introduction and molten metal production.
    Pouring area means an area, generally associated with floor and pit 
molding operations, in which molten metal is brought to each individual 
mold. Pouring areas include all pouring operations that do not meet the 
definition of a pouring station.
    Pouring station means the fixed location to which molds are brought 
in a continuous or semicontinuous manner to receive molten metal, after 
which the molds are moved to a cooling area.
    Responsible official means responsible official as defined in Sec. 
63.2.
    Scrap preheater means a vessel or other piece of equipment in which 
metal scrap that is to be used as melting furnace feed is heated to a 
temperature high enough to eliminate volatile impurities or other tramp 
materials by direct flame heating or similar means of heating. Scrap 
dryers, which solely remove moisture from metal scrap, are not 
considered to be scrap preheaters for purposes of this subpart.
    Scrubber blowdown means liquor or slurry discharged from a wet 
scrubber that is either removed as a waste stream or processed to remove 
impurities or adjust its composition or pH before being returned to the 
scrubber.
    Total metal HAP means, for the purposes of this subpart, the sum of 
the concentrations 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). Only the measured 
concentration of the listed analytes that are present at concentrations 
exceeding one-half the

[[Page 185]]

quantitation limit of the analytical method are to be used in the sum. 
If any of the analytes are not detected or are detected at 
concentrations less than one-half the quantitation limit of the 
analytical method, the concentration of those analytes will be assumed 
to be zero for the purposes of calculating the total metal HAP for this 
subpart.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.

[69 FR 21923, Apr. 22, 2004, as amended at 70 FR 29404, May 20, 2005; 73 
FR 7222, Feb. 7, 2008]



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

    [As stated in Sec.  63.7760, you must meet each requirement in the following table that applies to you.]
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                        Subject                   EEEEE?                Explanation
----------------------------------------------------------------------------------------------------------------
63.1.................................  Applicability..........  Yes....................
63.2.................................  Definitions............  Yes....................
63.3.................................  Units and abbreviations  Yes....................
63.4.................................  Prohibited activities..  Yes....................
63.5.................................  Construction/            Yes....................
                                        reconstruction.
63.6(a)-(g)..........................  Compliance with          Yes....................
                                        standards and
                                        maintenance
                                        requirements.
63.6(h)..............................  Opacity and visible      Yes....................
                                        emissions standards.
63.6(i)-(j)..........................  Compliance extension     Yes....................
                                        and Presidential
                                        compliance exemption.
63.7(a)(1)-(a)(2)....................  Applicability and        No.....................  Subpart EEEEE specifies
                                        performance test dates.                           applicability and
                                                                                          performance test
                                                                                          dates.
63.7(a)(3), (b)-(h)..................  Performance testing      Yes....................
                                        requirements.
63.8(a)(1)-(a)(3), (b), (c)(1)-        Monitoring requirements  Yes....................  Subpart EEEEE specifies
 (c)(3), (c)(6)-(c)(8), (d), (e),                                                         requirements for
 (f)(1)-(f)(6), (g)(1)-(g)(4).                                                            alternative monitoring
                                                                                          systems.
63.8(a)(4)...........................  Additional monitoring    No.....................  Subpart EEEEE does not
                                        requirements for                                  require flares.
                                        control devices in
                                        Sec.  63.11.
63.8(c)(4)...........................  Continuous monitoring    No.....................  Subpart EEEEE specifies
                                        system (CMS)                                      requirements for
                                        requirements.                                     operation of CMS and
                                                                                          CEMS.
63.8(c)(5)...........................  Continuous opacity       No.....................  Subpart EEEEE does not
                                        monitoring system                                 require COMS.
                                        (COMS) Minimum
                                        Procedures.
63.8(g)(5)...........................  Data reduction.........  No.....................  Subpart EEEEE specifies
                                                                                          data reduction
                                                                                          requirements.
63.9.................................  Notification             Yes....................  Except: for opacity
                                        requirements.                                     performance tests,
                                                                                          Subpart EEEEE allows
                                                                                          the notification of
                                                                                          compliance status to
                                                                                          be submitted with the
                                                                                          semiannual compliance
                                                                                          report or the
                                                                                          semiannual part 70
                                                                                          monitoring report.
63.10(a)-(b), (c)(1)-(6), (c)(9)-      Recordkeeping and        Yes....................  Additional records for
 (15), (d)(1)-(2), (e)(1)-(2), (f).     reporting requirements.                           CMS in Sec.
                                                                                          63.10(c)(1)-(6), (9)-
                                                                                          (15) apply only to
                                                                                          CEMS.
63.10(c)(7)-(8)......................  Records of excess        No.....................  Subpart EEEEE specifies
                                        emissions and                                     records requirements.
                                        parameter monitoring
                                        exceedances for CMS.
63.10(d)(3)..........................  Reporting opacity or     Yes....................
                                        visible emissions
                                        observations.
63.10(e)(3)..........................  Excess emissions         No.....................  Subpart EEEEE specifies
                                        reports.                                          reporting
                                                                                          requirements.
63.10(e)(4)..........................  Reporting COMS data....  No.....................  Subpart EEEEE data does
                                                                                          not require COMS.
63.11................................  Control device           No.....................  Subpart EEEEE does not
                                        requirements.                                     require flares.

[[Page 186]]

 
63.12................................  State authority and      Yes....................
                                        delegations.
63.13-63.15..........................  Addresses of State air   Yes....................
                                        pollution control
                                        agencies and EPA
                                        regional offices.
                                        Incorporation by
                                        reference.
                                        Availability of
                                        information and
                                        confidentiality.
----------------------------------------------------------------------------------------------------------------


[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7223, Feb. 7, 2008]



 Subpart FFFFF_National Emission Standards for Hazardous Air Pollutants 
         for Integrated Iron and Steel Manufacturing Facilities

    Source: 68 FR 27663, May 20, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.7780  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for integrated iron and steel manufacturing 
facilities. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with all applicable emission 
limitations and operation and maintenance requirements in this subpart.



Sec. 63.7781  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an integrated 
iron and steel manufacturing facility that is (or is part of) a major 
source of hazardous air pollutants (HAP) emissions. Your integrated iron 
and steel manufacturing facility is a major source of HAP if it emits or 
has the potential to emit any single HAP at a rate of 10 tons or more 
per year or any combination of HAP at a rate of 25 tons or more per 
year.



Sec. 63.7782  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new and existing affected source at 
your integrated iron and steel manufacturing facility.
    (b) The affected sources are each new or existing sinter plant, 
blast furnace, and basic oxygen process furnace (BOPF) shop at your 
integrated iron and steel manufacturing facility.
    (c) This subpart covers emissions from the sinter plant windbox 
exhaust, discharge end, and sinter cooler; the blast furnace casthouse; 
and the BOPF shop including each individual BOPF and shop ancillary 
operations (hot metal transfer, hot metal desulfurization, slag 
skimming, and ladle metallurgy).
    (d) A sinter plant, blast furnace, or BOPF shop at your integrated 
iron and steel manufacturing facility is existing if you commenced 
construction or reconstruction of the affected source before July 13, 
2001.
    (e) A sinter plant, blast furnace, or BOPF shop at your integrated 
iron and steel manufacturing facility is new if you commence 
construction or reconstruction of the affected source on or after July 
13, 2001. An affected source is reconstructed if it meets the definition 
of reconstruction in Sec. 63.2.



Sec. 63.7783  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with 
each emission limitation and operation and maintenance requirement in 
this subpart that applies to you by the dates specified in paragraphs 
(a)(1) and (2) of this section.
    (1) No later than May 22, 2006 for all emissions sources at an 
existing affected source except for a sinter cooler at an existing 
sinter plant.
    (2) No later than January 13, 2007 for a sinter cooler at an 
existing sinter plant.

[[Page 187]]

    (b) If you have a new affected source and its initial startup date 
is on or before May 20, 2003, then you must comply with each emission 
limitation and operation and maintenance requirement in this subpart 
that applies to you by May 20, 2003.
    (c) If you have a new affected source and its initial startup date 
is after May 20, 2003, you must comply with each emission limitation and 
operation and maintenance requirement in this subpart that applies to 
you upon initial startup.
    (d) If your integrated iron and steel manufacturing facility is not 
a major source and becomes a major source of HAP, the following 
compliance dates apply to you.
    (1) Any portion of the existing integrated iron and steel 
manufacturing facility that becomes a new affected source or a new 
reconstructed source must be in compliance with this subpart upon 
startup.
    (2) All other parts of the integrated iron and steel manufacturing 
facility must be in compliance with this subpart no later than 2 years 
after it becomes a major source.
    (e) You must meet the notification and schedule requirements in 
Sec. 63.7840. Several of these notifications must be submitted before 
the compliance date for your affected source.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39585, July 13, 2006]

                          Emission Limitations



Sec. 63.7790  What emission limitations must I meet?

    (a) You must meet each emission limit and opacity limit in Table 1 
to this subpart that applies to you.
    (b) You must meet each operating limit for capture systems and 
control devices in paragraphs (b)(1) through (3) of this section that 
applies to you.
    (1) You must operate each capture system applied to emissions from a 
sinter plant discharge end or blast furnace casthouse or to secondary 
emissions from a BOPF at or above the lowest value or settings 
established for the operating limits in your operation and maintenance 
plan;
    (2) For each venturi scrubber applied to meet any particulate 
emission limit in Table 1 to this subpart, you must maintain the hourly 
average pressure drop and scrubber water flow rate at or above the 
minimum levels established during the initial performance test.
    (3) For each electrostatic precipitator applied to emissions from a 
BOPF, you must maintain the hourly average opacity of emissions exiting 
the control device at or below 10 percent.
    (c) An owner or operator who uses an air pollution control device 
other than a baghouse, venturi scrubber, or electrostatic precipitator 
must submit a description of the device; test results collected in 
accordance with Sec. 63.7822 verifying the performance of the device 
for reducing emissions of particulate matter to the atmosphere to the 
levels required by this subpart; a copy of the operation and maintenance 
plan required in Sec. 63.7800(b); and appropriate operating parameters 
that will be monitored to maintain continuous compliance with the 
applicable emission limitation(s). The monitoring plan identifying the 
operating parameters to be monitored is subject to approval by the 
Administrator.
    (d) For each sinter plant, you must either:
    (1) Maintain the 30-day rolling average oil content of the feedstock 
at or below 0.02 percent; or
    (2) Maintain the 30-day rolling average of volatile organic compound 
emissions from the windbox exhaust stream at or below 0.2 lb/ton of 
sinter.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39585, July 13, 2006]

                 Operation and Maintenance Requirements



Sec. 63.7800  What are my operation and maintenance requirements?

    (a) As required by Sec. 63.6(e)(1)(i), you must always operate and 
maintain your affected source, including air pollution control and 
monitoring equipment, in a manner consistent with good air pollution 
control practices for minimizing emissions at least to the levels 
required by this subpart.
    (b) You must prepare and operate at all times according to a written 
operation and maintenance plan for each

[[Page 188]]

capture system or control device subject to an operating limit in Sec. 
63.7790(b). Each plan must address the elements in paragraphs (b)(1) 
through (7) of this section.
    (1) Monthly inspections of the equipment that is important to the 
performance of the total capture system (e.g., pressure sensors, 
dampers, and damper switches). This inspection must include observations 
of the physical appearance of the equipment (e.g., presence of holes in 
ductwork or hoods, flow constrictions caused by dents or accumulated 
dust in the ductwork, and fan erosion). The operation and maintenance 
plan also must include requirements to repair any defect or deficiency 
in the capture system before the next scheduled inspection.
    (2) Preventative maintenance for each control device, including a 
preventative maintenance schedule that is consistent with the 
manufacturer's instructions for routine and long-term maintenance.
    (3) Operating limits for each capture system applied to emissions 
from a sinter plant discharge end or blast furnace casthouse, or to 
secondary emissions from a BOPF. You must establish the operating limits 
according to the requirements in paragraphs (b)(3)(i) through (iii) of 
this section.
    (i) Select operating limit parameters appropriate for the capture 
system design that are representative and reliable indicators of the 
performance of the capture system. At a minimum, you must use 
appropriate operating limit parameters that indicate the level of the 
ventilation draft and the damper position settings for the capture 
system when operating to collect emissions, including revised settings 
for seasonal variations. Appropriate operating limit parameters for 
ventilation draft include, but are not limited to, volumetric flow rate 
through each separately ducted hood, total volumetric flow rate at the 
inlet to the control device to which the capture system is vented, fan 
motor amperage, or static pressure.
    (ii) For each operating limit parameter selected in paragraph 
(b)(3)(i) of this section, designate the value or setting for the 
parameter at which the capture system operates during the process 
operation. If your operation allows for more than one process to be 
operating simultaneously, designate the value or setting for the 
parameter at which the capture system operates during each possible 
configuration that you may operate.
    (iii) Include documentation in your plan to support your selection 
of the operating limits established for the capture system. This 
documentation must include a description of the capture system design, a 
description of the capture system operating during production, a 
description of each selected operating limit parameter, a rationale for 
why you chose the parameter, a description of the method used to monitor 
the parameter according to the requirements of Sec. 63.7830(a), and the 
data used to set the value or setting for the parameter for each of your 
process configurations.
    (4) Corrective action procedures for baghouses equipped with bag 
leak detection systems or continuous opacity monitoring systems (COMS). 
In the event a bag leak detection system alarm is triggered or emissions 
from a baghouse equipped with a COMS exceed an hourly average opacity of 
5 percent, you must initiate corrective action to determine the cause of 
the alarm within 1 hour of the alarm, initiate corrective action to 
correct the cause of the problem within 24 hours of the alarm, and 
complete the corrective action as soon as practicable. Corrective 
actions may include, but are not limited to:
    (i) Inspecting the baghouse 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 baghouse compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise 
repair the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.
    (5) Corrective action procedures for venturi scrubbers equipped with 
continuous parameter monitoring systems

[[Page 189]]

(CPMS). In the event a venturi scrubber exceeds the operating limit in 
Sec. 63.7790(b)(2), you must take corrective actions consistent with 
your site-specific monitoring plan in accordance with Sec. 63.7831(a).
    (6) Corrective action procedures for electrostatic precipitators 
equipped with COMS. In the event an electrostatic precipitator exceeds 
the operating limit in Sec. 63.7790(b)(3), you must take corrective 
actions consistent with your site-specific monitoring plan in accordance 
with Sec. 63.7831(a).
    (7) Procedures for determining and recording the daily sinter plant 
production rate in tons per hour.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39585, July 13, 2006]

                     General Compliance Requirements



Sec. 63.7810  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emission limitations and 
operation and maintenance requirements in this subpart at all times, 
except during periods of startup, shutdown, and malfunction as defined 
in Sec. 63.2.
    (b) During the period between the compliance date specified for your 
affected source in Sec. 63.7783 and the date upon which continuous 
monitoring systems have been installed and certified and any applicable 
operating limits have been set, you must maintain a log detailing the 
operation and maintenance of the process and emissions control 
equipment.
    (c) You must develop a written startup, shutdown, and malfunction 
plan according to the provisions in Sec. 63.6(e)(3).

[68 FR 27663, May 20, 2003, as amended at 71 FR 20468, Apr. 20, 2006]

                     Initial Compliance Requirements



Sec. 63.7820  By what date must I conduct performance tests or other initial 

compliance demonstrations?

    (a) You must conduct a performance test to demonstrate initial 
compliance with each emission and opacity limit in Table 1 to this 
subpart that applies to you. You must also conduct a performance test to 
demonstrate initial compliance with the 30-day rolling average operating 
limit for the oil content of the sinter plant feedstock in Sec. 
63.7790(d)(1) or alternative limit for volatile organic compound 
emissions from the sinter plant windbox exhaust stream in Sec. 
63.7790(d)(2). You must conduct the performance tests within 180 
calendar days after the compliance date that is specified in Sec. 
63.7783 for your affected source and report the results in your 
notification of compliance status.
    (b) For each operation and maintenance requirement that applies to 
you where initial compliance is not demonstrated using a performance 
test or opacity observation, you must demonstrate initial compliance 
within 30 calendar days after the compliance date that is specified for 
your affected source in Sec. 63.7783.
    (c) If you commenced construction or reconstruction between July 13, 
2001 and May 20, 2003, you must demonstrate initial compliance with 
either the proposed emission limit or the promulgated emission limit no 
later than November 17, 2003 or no later than 180 days after startup of 
the source, whichever is later, according to Sec. 63.7(a)(2)(ix).
    (d) If you commenced construction or reconstruction between July 13, 
2001 and May 20, 2003, and you chose to comply with the proposed 
emission limit when demonstrating initial compliance, you must conduct a 
second performance test to demonstrate compliance with the promulgated 
emission limit by November 17, 2006, or no later than 180 days after 
startup of the source, whichever is later, according to Sec. 
63.7(a)(2)(ix).



Sec. 63.7821  When must I conduct subsequent performance tests?

    (a) You must conduct subsequent performance tests to demonstrate 
compliance with all applicable PM and opacity limits in Table 1 to this 
subpart at the frequencies specified in paragraphs (b) through (d) of 
this section.
    (b) For each sinter cooler at an existing sinter plant and each 
emissions unit equipped with a control device other than a baghouse, you 
must conduct subsequent performance tests no less frequently than twice 
(at mid-term

[[Page 190]]

and renewal) during each term of your title V operating permit.
    (c) For each emissions unit equipped with a baghouse, you must 
conduct subsequent performance tests no less frequently than once during 
each term of your title V operating permit.
    (d) For sources without a title V operating permit, you must conduct 
subsequent performance tests every 2.5 years.

[ 71 FR 39586, July 13, 2006]



Sec. 63.7822  What test methods and other procedures must I use to demonstrate 

initial compliance with the emission limits for particulate matter?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements in Sec. 63.7(e)(1) and 
the conditions detailed in paragraphs (b) through (i) of this section.
    (b) To determine compliance with the applicable emission limit for 
particulate matter in Table 1 to this subpart, follow the test methods 
and procedures in paragraphs (b)(1) and (2) of this section.
    (1) Determine the concentration of particulate matter according to 
the following test methods in appendix A to part 60 of this chapter:
    (i) Method 1 to select sampling port locations and the number of 
traverse points. Sampling ports must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of 
the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5, 5D, or 17, as applicable, to determine the 
concentration of particulate matter (front half filterable catch only).
    (2) Collect a minimum sample volume of 60 dry standard cubic feet 
(dscf) of gas during each particulate matter test run. Three valid test 
runs are needed to comprise a performance test.
    (c) For each sinter plant windbox exhaust stream, you must complete 
the requirements of paragraphs (c)(1) and (2) of this section:
    (1) Follow the procedures in your operation and maintenance plan for 
measuring and recording the sinter production rate for each test run in 
tons per hour; and
    (2) Compute the process-weighted mass emissions (Ep) for 
each test run using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR20MY03.000

Where:

Ep = Process-weighted mass emissions of particulate matter, 
lb/ton;
C = Concentration of particulate matter, grains per dry standard cubic 
foot (gr/dscf);
Q = Volumetric flow rate of stack gas, dry standard cubic foot per hour 
(dscf/hr);
P = Production rate of sinter during the test run, tons/hr; and
K = Conversion factor, 7,000 grains per pound (gr/lb).

    (d) If you apply two or more control devices in parallel to 
emissions from a sinter plant discharge end or a BOPF, compute the 
average flow-weighted concentration for each test run using Equation 2 
of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR20MY03.001

Where:

Cw = Flow-weighted concentration, gr/dscf;
Ci = Concentration of particulate matter from exhaust stream 
``i'', gr/dscf; and
Qi = Volumetric flow rate of effluent gas from exhaust stream 
``i'', dry standard cubic foot per minute (dscfm).

    (e) For a control device applied to emissions from a blast furnace 
casthouse, sample for an integral number of furnace tapping operations 
sufficient to obtain at least 1 hour of sampling for each test run.
    (f) For a primary emission control device applied to emissions from 
a BOPF with a closed hood system, sample only during the primary oxygen 
blow and do not sample during any subsequent reblows. Continue sampling 
for each run for an integral number of primary oxygen blows.

[[Page 191]]

    (g) For a primary emission control system applied to emissions from 
a BOPF with an open hood system and for a control device applied solely 
to secondary emissions from a BOPF, you must complete the requirements 
of paragraphs (g)(1) and (2) of this section:
    (1) Sample only during the steel production cycle. Conduct sampling 
under conditions that are representative of normal operation. Record the 
start and end time of each steel production cycle and each period of 
abnormal operation; and
    (2) Sample for an integral number of steel production cycles. The 
steel production cycle begins when the scrap is charged to the furnace 
and ends 3 minutes after the slag is emptied from the vessel into the 
slag pot.
    (h) For a control device applied to emissions from BOPF shop 
ancillary operations (hot metal transfer, skimming, desulfurization, or 
ladle metallurgy), sample only when the operation(s) is being conducted.
    (i) Subject to approval by the permitting authority, you may conduct 
representative sampling of stacks when there are more than three stacks 
associated with a process.



Sec. 63.7823  What test methods and other procedures must I use to demonstrate 

initial compliance with the opacity limits?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements in Sec. 63.7(h)(5) and 
the conditions detailed in paragraphs (b) through (d) of this section.
    (b) You must conduct each visible emissions performance test such 
that the opacity observations overlap with the performance test for 
particulate matter.
    (c) To determine compliance with the applicable opacity limit in 
Table 1 to this subpart for a sinter plant discharge end or a blast 
furnace casthouse:
    (1) Using a certified observer, determine the opacity of emissions 
according to Method 9 in appendix A to part 60 of this chapter.
    (2) Obtain a minimum of 30 6-minute block averages. For a blast 
furnace casthouse, make observations during tapping of the furnace. 
Tapping begins when the furnace is opened, usually by creating a hole 
near the bottom of the furnace, and ends when the hole is plugged.
    (d) To determine compliance with the applicable opacity limit in 
Table 1 to this subpart for BOPF shops:
    (1) For an existing BOPF shop:
    (i) Using a certified observer, determine the opacity of emissions 
according to Method 9 in appendix A to part 60 of this chapter except as 
specified in paragraphs (d)(1)(ii) and (iii) of this section.
    (ii) Instead of procedures in section 2.4 of Method 9 in appendix A 
to part 60 of this chapter, record observations to the nearest 5 percent 
at 15-second intervals for at least three steel production cycles.
    (iii) Instead of procedures in section 2.5 of Method 9 in appendix A 
to part 60 of this chapter, determine the 3-minute block average opacity 
from the average of 12 consecutive observations recorded at 15-second 
intervals.
    (2) For a new BOPF shop housing a bottom-blown BOPF:
    (i) Using a certified observer, determine the opacity of emissions 
according to Method 9 in appendix A to part 60 of this chapter.
    (ii) Determine the highest and second highest sets of 6-minute block 
average opacities for each steel production cycle.
    (3) For a new BOPF shop housing a top-blown BOPF:
    (i) Determine the opacity of emissions according to the requirements 
for an existing BOPF shop in paragraphs (d)(1)(i) through (iii) of this 
section.
    (ii) Determine the highest and second highest sets of 3-minute block 
average opacities for each steel production cycle.
    (4) Opacity observations must cover the entire steel production 
cycle and must be made for at least three cycles. The steel production 
cycle begins when the scrap is charged to the furnace and ends 3 minutes 
after the slag is emptied from the vessel into the slag pot.
    (5) Determine and record the starting and stopping times of the 
steel production cycle.

[[Page 192]]

    (e) To determine compliance with the applicable opacity limit in 
Table 1 to this subpart for a sinter cooler at an existing sinter plant:
    (1) Using a certified observer, determine the opacity of emissions 
according to Method 9 in appendix A to part 60 of this chapter.
    (2) Obtain a minimum of 30 6-minute block averages.
    (3) Make visible emission observations of uncovered portions of 
sinter plant coolers with the observer's line of sight generally in the 
direction of the center of the cooler.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006]



Sec. 63.7824  What test methods and other procedures must I use to establish 

and demonstrate initial compliance with operating limits?

    (a) For each capture system subject to an operating limit in Sec. 
63.7790(b)(1), you must certify that the system operated during the 
performance test at the site-specific operating limits established in 
your operation and maintenance plan using the procedures in paragraphs 
(a)(1) through (4) of this section.
    (1) Concurrent with all opacity observations, measure and record 
values for each of the operating limit parameters in your capture system 
operation and maintenance plan according to the monitoring requirements 
specified in Sec. 63.7830(a).
    (2) For any dampers that are manually set and remain at the same 
position at all times the capture system is operating, the damper 
position must be visually checked and recorded at the beginning and end 
of each opacity observation period segment.
    (3) Review and record the monitoring data. Identify and explain any 
times the capture system operated outside the applicable operating 
limits.
    (4) Certify in your performance test report that during all 
observation period segments, the capture system was operating at the 
values or settings established in your capture system operation and 
maintenance plan.
    (b) For a venturi scrubber subject to operating limits for pressure 
drop and scrubber water flow rate in Sec. 63.7790(b)(2), you must 
establish site-specific operating limits according to the procedures in 
paragraphs (b)(1) and (2) of this section. You may establish the 
parametric monitoring limit during the initial performance test or 
during any other performance test run that meets the emission limit.
    (1) Using the CPMS required in Sec. 63.7830(c), measure and record 
the pressure drop and scrubber water flow rate during each run of the 
particulate matter performance test.
    (2) Compute and record the hourly average pressure drop and scrubber 
water flow rate for each individual test run. Your operating limits are 
the lowest average pressure drop and scrubber water flow rate value in 
any of the three runs that meet the applicable emission limit.
    (c) You may change the operating limits for a capture system or 
venturi scrubber if you meet the requirements in paragraphs (c)(1) 
through (3) of this section.
    (1) Submit a written notification to the Administrator of your 
request to conduct a new performance test to revise the operating limit.
    (2) Conduct a performance test to demonstrate compliance with the 
applicable emission limitation in Table 1 to this subpart.
    (3) Establish revised operating limits according to the applicable 
procedures in paragraphs (a) and (b) of this section for a control 
device or capture system.
    (d) For each sinter plant subject to the operating limit for the oil 
content of the sinter plant feedstock in Sec. 63.7790(d)(1), you must 
demonstrate initial compliance according to the procedures in paragraphs 
(d)(1) through (3) of this section.
    (1) Sample the feedstock at least three times a day (once every 8 
hours), composite the three samples each day, and analyze the composited 
samples using Method 9071B, ``n-Hexane Extractable Material(HEM) for 
Sludge, Sediment, and Solid Samples,'' (Revision 2, April 1998). Method 
9071B is incorporated by reference (see Sec. 63.14) and is published in 
EPA Publication SW-846 ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods.'' Record the sampling date and time, oil 
content values, and sinter produced (tons/day).

[[Page 193]]

    (2) Continue the sampling and analysis procedure for 30 consecutive 
days.
    (3) Each day, compute and record the 30-day rolling average using 
that day's value and the 29 previous daily values.
    (e) To demonstrate initial compliance with the alternative operating 
limit for volatile organic compound emissions from the sinter plant 
windbox exhaust stream in Sec. 63.7790(d)(2), follow the test methods 
and procedures in paragraphs (e)(1) through (5) of this section.
    (1) Determine the volatile organic compound emissions according to 
the following test methods in appendix A to part 60 of this chapter:
    (i) Method 1 to select sampling port locations and the number of 
traverse points. Sampling ports must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of 
the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 25 to determine the mass concentration of volatile 
organic compound emissions (total gaseous nonmethane organics as carbon) 
from the sinter plant windbox exhaust stream stack.
    (2) Determine volatile organic compound (VOC) emissions every 24 
hours (from at least three samples taken at 8-hour intervals) using 
Method 25 in 40 CFR part 60, appendix A. Record the sampling date and 
time, sampling results, and sinter produced (tons/day).
    (3) Compute the process-weighted mass emissions (Ev) each 
day using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR20MY03.002

Where:

Ev = Process-weighted mass emissions of volatile organic 
compounds, lb/ton;
Mc = Average concentration of total gaseous nonmethane 
organics as carbon by Method 25 (40 CFR part 60, appendix A), milligrams 
per dry standard cubic meters (mg/dscm) for each day;
Q = Volumetric flow rate of stack gas, dscf/hr;
35.31 = Conversion factor (dscf/dscm);
454,000 = Conversion factor (mg/lb); and
K = Daily production rate of sinter, tons/hr.

    (4) Continue the sampling and analysis procedures in paragraphs 
(e)(1) through (3) of this section for 30 consecutive days.
    (5) Compute and record the 30-day rolling average of VOC emissions 
for each operating day.
    (f) You may use an alternative test method to determine the oil 
content of the sinter plant feedstock or the volatile organic compound 
emissions from the sinter plant windbox exhaust stack if you have 
already demonstrated the equivalency of the alternative method for a 
specific plant and have received previous approval from the applicable 
permitting authority.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006]



Sec. 63.7825  How do I demonstrate initial compliance with the emission 

limitations that apply to me?

    (a) For each affected source subject to an emission or opacity limit 
in Table 1 to this subpart, you have demonstrated initial compliance if:
    (1) You meet the conditions in Table 2 to this subpart; and
    (2) For each capture system subject to the operating limit in Sec. 
63.7790(b)(1), you have established appropriate site-specific operating 
limit(s) and have a record of the operating parameter data measured 
during the performance test in accordance with Sec. 63.7824(a)(1); and
    (3) For each venturi scrubber subject to the operating limits for 
pressure drop and scrubber water flow rate in Sec. 63.7790(b)(2), you 
have established appropriate site-specific operating limits and have a 
record of the pressure drop and scrubber water flow rate measured during 
the performance test in accordance with Sec. 63.7824(b).
    (b) For each existing or new sinter plant subject to the operating 
limit in Sec. 63.7790(d)(1), you have demonstrated initial compliance 
if the 30-day rolling average of the oil content of the feedstock, 
measured during the initial performance test in accordance with Sec. 
63.7824(d) is no more than 0.02 percent. For each existing or new sinter 
plant

[[Page 194]]

subject to the alternative operating limit in Sec. 63.7790(d)(2), you 
have demonstrated initial compliance if the 30-day rolling average of 
the volatile organic compound emissions from the sinter plant windbox 
exhaust stream, measured during the initial performance test in 
accordance with Sec. 63.7824(e) is no more than 0.2 lb/ton of sinter 
produced.
    (c) For each emission limitation that applies to you, you must 
submit a notification of compliance status according to Sec. 
63.7840(e).

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006]



Sec. 63.7826  How do I demonstrate initial compliance with the operation and 

maintenance requirements that apply to me?

    (a) For a capture system applied to emissions from a sinter plant 
discharge end or blast furnace casthouse or to secondary emissions from 
a BOPF, you have demonstrated initial compliance if you meet all of the 
conditions in paragraphs (a)(1) through (4) of this section.
    (1) Prepared the capture system operation and maintenance plan 
according to the requirements of Sec. 63.7800(b), including monthly 
inspection procedures and detailed descriptions of the operating 
parameter(s) selected to monitor the capture system;
    (2) Certified in your performance test report that the system 
operated during the test at the operating limits established in your 
operation and maintenance plan;
    (3) Submitted a notification of compliance status according to the 
requirements in Sec. 63.7840(e), including a copy of the capture system 
operation and maintenance plan and your certification that you will 
operate the capture system at the values or settings established for the 
operating limits in that plan; and
    (4) Prepared a site-specific monitoring plan according to the 
requirements in Sec. 63.7831(a).
    (b) For each control device subject to operating limits in Sec. 
63.7790(b)(2) or (3), you have demonstrated initial compliance if you 
meet all the conditions in paragraphs (b)(1) through (3) of this 
section.
    (1) Prepared the control device operation and maintenance plan 
according to the requirements of Sec. 63.7800(b), including a 
preventative maintenance schedule and, as applicable, detailed 
descriptions of the corrective action procedures for baghouses and other 
control devices;
    (2) Submitted a notification of compliance status according to the 
requirements in Sec. 63.7840(e), including a copy of the operation and 
maintenance plan; and
    (3) Prepared a site-specific monitoring plan according to the 
requirements in Sec. 63.7831(a).

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006]

                   Continuous Compliance Requirements



Sec. 63.7830  What are my monitoring requirements?

    (a) For each capture system subject to an operating limit in Sec. 
63.7790(b)(1) established in your capture system operation and 
maintenance plan, you must install, operate, and maintain a CPMS 
according to the requirements in Sec. 63.7831(e) and the requirements 
in paragraphs (a)(1) through (3) of this section.
    (1) Dampers that are manually set and remain in the same position 
are exempt from the requirement to install and operate a CPMS. If 
dampers are not manually set and remain in the same position, you must 
make a visual check at least once every 24 hours to verify that each 
damper for the capture system is in the same position as during the 
initial performance test.
    (2) If you use a flow measurement device to monitor the operating 
limit parameter for a sinter plant discharge end or blast furnace 
casthouse, you must monitor the hourly average rate (e.g., the hourly 
average actual volumetric flow rate through each separately ducted hood, 
the average hourly total volumetric flow rate at the inlet to the 
control device) according to the requirements in Sec. 63.7832.
    (3) If you use a flow measurement device to monitor the operating 
limit parameter for a capture system applied to secondary emissions from 
a BOPF, you must monitor the average rate for each steel production 
cycle (e.g., the

[[Page 195]]

average actual volumetric flow rate through each separately ducted hood 
for each steel production cycle, the average total volumetric flow rate 
at the inlet to the control device for each steel production cycle) 
according to the requirements in Sec. 63.7832.
    (b) Except as provided in paragraph (b)(3) of this section, you must 
meet the requirements in paragraph (b)(1) or (2) of this section for 
each baghouse applied to meet any particulate emission limit in Table 1 
to this subpart. You must conduct inspections of each baghouse according 
to the requirements in paragraph (b)(4) of this section.
    (1) Install, operate, and maintain a bag leak detection system 
according to Sec. 63.7831(f) and monitor the relative change in 
particulate matter loadings according to the requirements in Sec. 
63.7832; or
    (2) If you do not install and operate a bag leak detection system, 
you must install, operate, and maintain a COMS according to the 
requirements in Sec. 63.7831(h) and monitor the hourly average opacity 
of emissions exiting each control device stack according to the 
requirements in Sec. 63.7832.
    (3) A bag leak detection system and COMS are not required for a 
baghouse that meets the requirements in paragraphs (b)(3)(i) and (ii) of 
this section.
    (i) The baghouse is a positive pressure baghouse and is not equipped 
with exhaust gas stacks; and
    (ii) The baghouse was installed before August 30, 2005.
    (4) You must conduct inspections of each baghouse at the specified 
frequencies according to the requirements in paragraphs (b)(4)(i) 
through (viii) of this section.
    (i) Monitor the pressure drop across each baghouse cell each day to 
ensure pressure drop is within the normal operating range identified in 
the manual.
    (ii) Confirm that dust is being removed from hoppers through weekly 
visual inspections or other means of ensuring the proper functioning of 
removal mechanisms.
    (iii) Check the compressed air supply for pulse-jet baghouses each 
day.
    (iv) Monitor cleaning cycles to ensure proper operation using an 
appropriate methodology.
    (v) Check bag cleaning mechanisms for proper functioning through 
monthly visual inspection or equivalent means.
    (vi) Make monthly visual checks of bag tension on reverse air and 
shaker-type baghouses to ensure that bags are not kinked (kneed or bent) 
or laying on their sides. You do not have to make this check for shaker-
type baghouses using self-tensioning (spring-loaded) devices.
    (vii) Confirm the physical integrity of the baghouse through 
quarterly visual inspections of the baghouse interior for air leaks.
    (viii) Inspect fans for wear, material buildup, and corrosion 
through quarterly visual inspections, vibration detectors, or equivalent 
means.
    (c) For each venturi scrubber subject to the operating limits for 
pressure drop and scrubber water flow rate in Sec. 63.7790(b)(2), you 
must install, operate, and maintain CPMS according to the requirements 
in Sec. 63.7831(g) and monitor the hourly average pressure drop and 
water flow rate according to the requirements in Sec. 63.7832.
    (d) For each electrostatic precipitator subject to the opacity 
operating limit in Sec. 63.7790(b)(3), you must install, operate, and 
maintain a COMS according to the requirements in Sec. 63.7831(h) and 
monitor the hourly average opacity of emissions exiting each control 
device stack according to the requirements in Sec. 63.7832.
    (e) For each sinter plant subject to the operating limit in Sec. 
63.7790(d), you must either:
    (1) Compute and record the 30-day rolling average of the oil content 
of the feedstock for each operating day using the procedures in Sec. 
63.7824(d); or
    (2) Compute and record the 30-day rolling average of the volatile 
organic compound emissions (lbs/ton of sinter) for each operating day 
using the procedures in Sec. 63.7824(e).

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006]



Sec. 63.7831  What are the installation, operation, and maintenance 

requirements for my monitors?

    (a) For each CPMS required in Sec. 63.7830, you must develop and 
make available for inspection upon request

[[Page 196]]

by the permitting authority a site-specific monitoring plan that 
addresses the requirements in paragraphs (a)(1) through (8) of this 
section.
    (1) Installation of the CPMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the measurement is representative of control of the exhaust emissions 
(e.g., on or downstream of the last control device);
    (2) Performance and equipment specifications for the sample 
interface, the parametric signal analyzer, and the data collection and 
reduction system;
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations);
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. Sec. 63.8(c)(1), (c)(3), (c)(4)(ii), 
(c)(7), and (c)(8);
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 63.8(d);
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. Sec. 63.10(c), (e)(1), and 
(e)(2)(i);
    (7) Corrective action procedures you will follow in the event a 
venturi scrubber exceeds the operating limit in Sec. 63.7790(b)(2); and
    (8) Corrective action procedures you will follow in the event an 
electrostatic precipitator exceeds the operating limit in Sec. 
63.7790(b)(3).
    (b) Unless otherwise specified, each CPMS must:
    (1) Complete a minimum of one cycle of operation for each successive 
15-minute period and collect a minimum of three of the required four 
data points to constitute a valid hour of data;
    (2) Provide valid hourly data for at least 95 percent of every 
averaging period; and
    (3) Determine and record the hourly average of all recorded 
readings.
    (c) You must conduct a performance evaluation of each CPMS in 
accordance with your site-specific monitoring plan.
    (d) You must operate and maintain the CPMS in continuous operation 
according to the site-specific monitoring plan.
    (e) For each capture system subject to an operating limit in Sec. 
63.7790(b)(1), you must install, operate, and maintain each CPMS 
according to the requirements in paragraphs (a) through (d) of this 
section.
    (f) For each baghouse equipped with a bag leak detection system 
according to Sec. 63.7830(b)(1), you must install, operate, and 
maintain the bag leak detection system according to the requirements in 
paragraphs (f)(1) through (7) of this section.
    (1) The system must be certified by the manufacturer to be capable 
of detecting emissions of particulate matter at concentrations of 10 
milligrams per actual cubic meter (0.0044 grains per actual cubic foot) 
or less.
    (2) The system must provide output of relative changes in 
particulate matter loadings.
    (3) The system must be equipped with an alarm that will sound when 
an increase in relative particulate loadings is detected over a preset 
level. The alarm must be located such that it can be heard by the 
appropriate plant personnel.
    (4) Each system that works based on the triboelectric effect must be 
installed, operated, and maintained in a manner consistent with the 
guidance document, ``Fabric Filter Bag Leak Detection Guidance,'' EPA-
454/R-98-015, September 1997. You may install, operate, and maintain 
other types of bag leak detection systems in a manner consistent with 
the manufacturer's written specifications and recommendations.
    (5) To make the initial adjustment of the system, establish the 
baseline output by adjusting the sensitivity (range) and the averaging 
period of the device. Then, establish the alarm set points and the alarm 
delay time.
    (6) Following the initial adjustment, do not adjust the sensitivity 
or range, averaging period, alarm set points, or alarm delay time, 
except as detailed in your operation and maintenance plan. Do not 
increase the sensitivity by more than 100 percent or decrease the 
sensitivity by more than 50 percent over a 365-day period unless a 
responsible official certifies, in writing, that the baghouse has been 
inspected and found to be in good operating condition.

[[Page 197]]

    (7) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (g) For each venturi scrubber subject to operating limits in Sec. 
63.7790(b)(2) for pressure drop and scrubber water flow rate, you must 
install, operate, and maintain each CPMS according to the requirements 
in paragraphs (a) through (d) of this section.
    (h) For each electrostatic precipitator subject to the opacity 
operating limit in Sec. 63.7790(b)(3) and each baghouse equipped with a 
COMS according to Sec. 63.7830(b)(2), you must install, operate, and 
maintain each COMS according to the requirements in paragraphs (h)(1) 
through (4) of this section.
    (1) You must install, operate, and maintain each COMS according to 
Performance Specification 1 in 40 CFR part 60, appendix B.
    (2) You must conduct a performance evaluation of each COMS according 
to Sec. 63.8 and Performance Specification 1 in appendix B to 40 CFR 
part 60.
    (3) 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) COMS data must be reduced to 6-minute averages as specified in 
Sec. 63.8(g)(2) and to hourly averages where required by this subpart.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39587, July 13, 2006]



Sec. 63.7832  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) Except for monitoring malfunctions, out-of-control periods as 
specified in Sec. 63.8(c)(7), associated repairs, and required quality 
assurance or control activities (including as applicable, calibration 
checks and required zero and span adjustments), you must monitor 
continuously (or collect data at all required intervals) at all times an 
affected source is operating.
    (b) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels or to fulfill a minimum data availability requirement, if 
applicable. You must use all the data collected during all other periods 
in assessing compliance.
    (c) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions.



Sec. 63.7833  How do I demonstrate continuous compliance with the emission 

limitations that apply to me?

    (a) You must demonstrate continuous compliance for each affected 
source subject to an emission or opacity limit in Sec. 63.7790(a) by 
meeting the requirements in Table 3 to this subpart.
    (b) You must demonstrate continuous compliance for each capture 
system subject to an operating limit in Sec. 63.7790(b)(1) by meeting 
the requirements in paragraphs (b)(1) and (2) of this section.
    (1) Operate the capture system at or above the lowest values or 
settings established for the operating limits in your operation and 
maintenance plan; and
    (2) Monitor the capture system according to the requirements in 
Sec. 63.7830(a) and collect, reduce, and record the monitoring data for 
each of the operating limit parameters according to the applicable 
requirements of this subpart;
    (c) For each baghouse applied to meet any particulate emission limit 
in Table 1 to this subpart, you must demonstrate continuous compliance 
by meeting the requirements in paragraph (c)(1) or (2) of this section 
as applicable, and paragraphs (c)(3) and (4) of this section:
    (1) For a baghouse equipped with a bag leak detection system, 
operating and maintaining each bag leak detection system according to 
Sec. 63.7831(f) and recording all information needed to document 
conformance with these requirements. If you increase or decrease the 
sensitivity of the bag leak detection system beyond the limits specified 
in Sec. 63.7831(f)(6), you must include a

[[Page 198]]

copy of the required written certification by a responsible official in 
the next semiannual compliance report.
    (2) For a baghouse equipped with a COMS, operating and maintaining 
each COMS and reducing the COMS data according to Sec. 63.7831(h).
    (3) Inspecting each baghouse according to the requirements in Sec. 
63.7830(b)(4) and maintaining all records needed to document conformance 
with these requirements.
    (4) Maintaining records of the time you initiated corrective action 
in the event of a bag leak detection system alarm or when the hourly 
average opacity exceeded 5 percent, the corrective action(s) taken, and 
the date on which corrective action was completed.
    (d) For each venturi scrubber subject to the operating limits for 
pressure drop and scrubber water flow rate in Sec. 63.7790(b)(2), you 
must demonstrate continuous compliance by meeting the requirements of 
paragraphs (d)(1) through (4) of this section:
    (1) Maintaining the hourly average pressure drop and scrubber water 
flow rate at levels no lower than those established during the initial 
or subsequent performance test;
    (2) Operating and maintaining each venturi scrubber CPMS according 
to Sec. 63.7831(g) and recording all information needed to document 
conformance with these requirements; and
    (3) Collecting and reducing monitoring data for pressure drop and 
scrubber water flow rate according to Sec. 63.7831(b) and recording all 
information needed to document conformance with these requirements.
    (4) If the hourly average pressure drop or scrubber water flow rate 
is below the operating limits, you must follow the corrective action 
procedures in paragraph (g) of this section.
    (e) For each electrostatic precipitator subject to the opacity 
operating limit in Sec. 63.7790(b)(3), you must demonstrate continuous 
compliance by meeting the requirements of paragraphs (e)(1) through (3) 
of this section:
    (1) Maintaining the hourly average opacity of emissions no higher 
than 10 percent; and
    (2) Operating and maintaining each COMS and reducing the COMS data 
according to Sec. 63.7831(h).
    (3) If the hourly average opacity of emissions exceeds 10 percent, 
you must follow the corrective action procedures in paragraph (g) of 
this section.
    (f) For each new or existing sinter plant subject to the operating 
limit in Sec. 63.7790(d), you must demonstrate continuous compliance by 
either:
    (1) For the sinter plant feedstock oil content operating limit in 
Sec. 63.7790(d)(1),
    (i) Computing and recording the 30-day rolling average of the 
percent oil content for each operating day according to the performance 
test procedures in Sec. 63.7824(d);
    (ii) Recording the sampling date and time, oil content values, and 
sinter produced (tons/day); and
    (iii) Maintaining the 30-day rolling average oil content of the 
feedstock no higher than 0.02 percent.
    (2) For the volatile organic compound operating limit in Sec. 
63.7790(d)(2),
    (i) Computing and recording the 30-day rolling average of the 
volatile organic compound emissions for each operating day according to 
the performance test procedures in Sec. 63.7824(e);
    (ii) Recording the sampling date and time, sampling values, and 
sinter produced (tons/day); and
    (iii) Maintaining the 30-day rolling average of volatile organic 
compound emissions no higher than 0.2 lb/ton of sinter produced.
    (g) If the hourly average pressure drop or water flow rate for a 
venturi scrubber or hourly average opacity for an electrostatic 
precipitator exceeds the operating limit, you must follow the procedures 
in paragraphs (g)(1) through (4) of this section.
    (1) You must initiate corrective action to determine the cause of 
the exceedance within 1 hour. During any period of corrective action, 
you must continue to monitor and record all required operating 
parameters for equipment that remains in operation. Within 24 hours of 
the exceedance, you must measure and record the hourly average operating 
parameter value for the emission unit on which corrective action was 
taken. If the hourly average parameter value meets the applicable 
operating limit, then the corrective action was successful and the 
emission

[[Page 199]]

unit is in compliance with the applicable operating limit.
    (2) If the initial corrective action required in paragraph (g)(1) of 
this section was not successful, you must complete additional corrective 
action within the next 24 hours (48 hours from the time of the 
exceedance). During any period of corrective action, you must continue 
to monitor and record all required operating parameters for equipment 
that remains in operation. After this second 24-hour period, you must 
again measure and record the hourly average operating parameter value 
for the emission unit on which corrective action was taken. If the 
hourly average parameter value meets the applicable operating limit, 
then the corrective action was successful and the emission unit is in 
compliance with the applicable operating limit.
    (3) For purposes of paragraphs (g)(1) and (2) of this section, in 
the case of an exceedance of the hourly average opacity operating limit 
for an electrostatic precipitator, measurements of the hourly average 
opacity based on visible emission observations in accordance with Method 
9 (40 CFR part 60, appendix A) may be taken to evaluate the 
effectiveness of corrective action.
    (4) If the second attempt at corrective action required in paragraph 
(g)(2) of this section was not successful, you must report the 
exceedance as a deviation in your next semiannual compliance report 
according to Sec. 63.7841(b).

[68 FR 27663, May 20, 2003, as amended at 71 FR 39587, July 13, 2006]



Sec. 63.7834  How do I demonstrate continuous compliance with the operation 

and maintenance requirements that apply to me?

    (a) For each capture system and control device subject to an 
operating limit in Sec. 63.7790(b), you must demonstrate continuous 
compliance with the operation and maintenance requirements in Sec. 
63.7800(b) by meeting the requirements of paragraphs (a)(1) through (4) 
of this section:
    (1) Making monthly inspections of capture systems and initiating 
corrective action according to Sec. 63.7800(b)(1) and recording all 
information needed to document conformance with these requirements;
    (2) Performing preventative maintenance according to Sec. 
63.7800(b)(2) and recording all information needed to document 
conformance with these requirements;
    (3) Initiating and completing corrective action for a baghouse 
equipped with a bag leak detection system or COMS according to Sec. 
63.7800(b)(4) and recording all information needed to document 
conformance with these requirements, including the time you initiated 
corrective action, the corrective action(s) taken, and date on which 
corrective action was completed.
    (4) Initiating and completing corrective action for a venturi 
scrubber equipped with a CPMS or an electrostatic precipitator equipped 
with a COMS according to Sec. 63.7833(g) and recording all information 
needed to document conformance with these requirements, including the 
time you initiated corrective action, the corrective action(s) taken 
within the first 24 hours according to Sec. 63.7833(g)(1) and whether 
they were successful, the corrective action(s) taken within the second 
24 hours according to Sec. 63.7833(g)(2) and whether they were 
successful, and the date on which corrective action was completed.
    (b) You must maintain a current copy of the operation and 
maintenance plan required in Sec. 63.7800(b) onsite and available for 
inspection upon request. You must keep the plans for the life of the 
affected source or until the affected source is no longer subject to the 
requirements of this subpart.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39588, July 13, 2006]



Sec. 63.7835  What other requirements must I meet to demonstrate continuous 

compliance?

    (a) Deviations. Except as provided in Sec. 63.7833(g), you must 
report each instance in which you did not meet each emission limitation 
in Sec. 63.7790 that applies to you. This includes periods of startup, 
shutdown, and malfunction. You also must report each instance in which 
you did not meet each operation and maintenance requirement in Sec. 
63.7800 that applies to you. These instances are deviations from the 
emission limitations and operation and

[[Page 200]]

maintenance requirements in this subpart. These deviations must be 
reported according to the requirements in Sec. 63.7841.
    (b) Startups, shutdowns, and malfunctions. (1) Consistent with 
Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period 
of startup, shutdown, or malfunction are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance with Sec. 63.6(e)(1).
    (2) The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions in Sec. 63.6(e).

[68 FR 27663, May 20, 2003, as amended at 71 FR 20468, Apr. 20, 2006; 71 
FR 39588, July 13, 2006]

                   Notifications, Reports, and Records



Sec. 63.7840  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(e) and (f)(4), and 63.9(b) 
through (h) that apply to you by the specified dates.
    (b) As specified in Sec. 63.9(b)(2), if you startup your affected 
source before May 20, 2003, you must submit your initial notification no 
later than September 17, 2003.
    (c) As specified in Sec. 63.9(b)(3), if you start your new affected 
source on or after May 20, 2003, you must submit your initial 
notification no later than 120 calendar days after you become subject to 
this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test, opacity 
observation, or other initial compliance demonstration, you must submit 
a notification of compliance status according to Sec. 63.9(h)(2)(ii).
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the notification of compliance 
status before the close of business on the 30th calendar day following 
completion of the initial compliance demonstration.
    (2) For each initial compliance demonstration that does include a 
performance test, you must submit the notification of compliance status, 
including the performance test results, before the close of business on 
the 60th calendar day following the completion of the performance test 
according to Sec. 63.10(d)(2).



Sec. 63.7841  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit a semiannual compliance 
report to your permitting authority according to the requirements in 
paragraphs (a)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.7783 and ending on June 30 or December 31, whichever date comes first 
after the compliance date that is specified for your source in Sec. 
63.7783.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
first compliance report is due.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date comes 
first after the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 71, and if the permitting 
authority has established dates for submitting semiannual reports 
pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you 
may submit the first and subsequent compliance reports according to the 
dates the permitting authority has established instead of according to 
the dates in paragraphs (a)(1) through (4) of this section.

[[Page 201]]

    (b) Compliance report contents. Each compliance report must include 
the information in paragraphs (b)(1) through (3) of this section and, as 
applicable, paragraphs (b)(4) through (8) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information in Sec. 63.10(d)(5)(i).
    (5) If there were no deviations from the continuous compliance 
requirements in Sec. Sec. 63.7833 and 63.7834 that apply to you, a 
statement that there were no deviations from the emission limitations or 
operation and maintenance requirements during the reporting period.
    (6) If there were no periods during which a continuous monitoring 
system (including a CPMS, COMS, or continuous emission monitoring system 
(CEMS) was out-of-control as specified in Sec. 63.8(c)(7), a statement 
that there were no periods during which the CPMS was out-of-control 
during the reporting period.
    (7) For each deviation from an emission limitation in Sec. 63.7790 
that occurs at an affected source where you are not using a continuous 
monitoring system (including a CPMS, COMS, or CEMS) to comply with an 
emission limitation in this subpart, the compliance report must contain 
the information in paragraphs (b)(1) through (4) of this section and the 
information in paragraphs (b)(7)(i) and (ii) of this section. This 
includes periods of startup, shutdown, and malfunction.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable) as applicable and the 
corrective action taken.
    (8) For each deviation from an emission limitation occurring at an 
affected source where you are using a continuous monitoring system 
(including a CPMS or COMS) to comply with the emission limitation in 
this subpart, you must include the information in paragraphs (b)(1) 
through (4) of this section and the information in paragraphs (b)(8)(i) 
through (xi) of this section. This includes periods of startup, 
shutdown, and malfunction.
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time that each continuous monitoring was 
inoperative, except for zero (low-level) and high-level checks.
    (iii) The date, time, and duration that each continuous monitoring 
system was out-of-control as specified in Sec. 63.8(c)(7), including 
the information in Sec. 63.8(c)(8).
    (iv) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (v) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period including those that are due to startup, shutdown, 
control equipment problems, process problems, other known causes, and 
other unknown causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) A brief description of the process units.
    (ix) A brief description of the continuous monitoring system.
    (x) The date of the latest continuous monitoring system 
certification or audit.
    (xi) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.

[[Page 202]]

    (c) Immediate startup, shutdown, and malfunction report. If you had 
a startup, shutdown, or malfunction during the semiannual reporting 
period that was not consistent with your startup, shutdown, and 
malfunction plan, you must submit an immediate startup, shutdown, and 
malfunction report according to the requirements in Sec. 
63.10(d)(5)(ii).
    (d) Part 70 monitoring report. If you have obtained a title V 
operating permit for an affected source pursuant to 40 CFR part 70 or 
71, you must report all deviations as defined in this subpart in the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A). If you submit a compliance report for an 
affected source along with, or as part of, the semiannual monitoring 
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), and the compliance report includes all the required 
information concerning deviations from any emission limitation or 
operation and maintenance requirement in this subpart, submission of the 
compliance report satisfies any obligation to report the same deviations 
in the semiannual monitoring report. However, submission of a compliance 
report does not otherwise affect any obligation you may have to report 
deviations from permit requirements for an affected source to your 
permitting authority.



Sec. 63.7842  What records must I keep?

    (a) You must keep the following records:
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or notification of compliance status that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests, performance evaluations, and 
opacity observations as required in Sec. 63.10(b)(2)(viii).
    (b) For each COMS, you must keep the records specified in paragraphs 
(b)(1) through (4) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi).
    (2) Monitoring data for a performance evaluation as required in 
Sec. 63.6(h)(7)(i) and (ii).
    (3) Previous (that is, superceded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records required in Sec. 63.6(h)(6) for 
visual observations.
    (d) You must keep the records required in Sec. Sec. 63.7833 and 
63.7834 to show continuous compliance with each emission limitation and 
operation and maintenance requirement that applies to you.



Sec. 63.7843  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record according to Sec. 63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.7850  What parts of the General Provisions apply to me?

    Table 4 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.7851  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the United 
States Environmental Protection Agency (U.S. EPA), or a delegated 
authority such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency has the authority to implement and

[[Page 203]]

enforce this subpart. You should contact your U.S. EPA Regional Office 
to find out if this subpart is delegated to your 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 the U.S. EPA and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are specified in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternative opacity emission limits in Table 1 to 
this subpart under Sec. 63.6(h)(9).
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90, except for 
approval of an alternative method for the oil content of the sinter 
plant feedstock or volatile organic compound measurements for the sinter 
plant windbox exhaust stream stack as provided in Sec. 63.7824(f).
    (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.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39588, July 13, 2006]



Sec. 63.7852  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 63.2, and in this section as follows.
    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust) loadings in 
the exhaust of a baghouse to detect bag leaks and other upset 
conditions. A bag leak detection system includes, but is not limited to, 
an instrument that operates on tribroelectric, light scattering, light 
transmittance, or other effect to continuously monitor relative 
particulate matter loadings.
    Basic oxygen process furnace means any refractory-lined vessel in 
which high-purity oxygen is blown under pressure through a bath of 
molten iron, scrap metal, and fluxes to produce steel. This definition 
includes both top and bottom blown furnaces, but does not include argon 
oxygen decarburization furnaces.
    Basic oxygen process furnace shop means the place where steelmaking 
operations that begin with the transfer of molten iron (hot metal) from 
the torpedo car and end prior to casting the molten steel, including hot 
metal transfer, desulfurization, slag skimming, refining in a basic 
oxygen process furnace, and ladle metallurgy occur.
    Basic oxygen process furnace shop ancillary operations means the 
processes where hot metal transfer, hot metal desulfurization, slag 
skimming, and ladle metallurgy occur.
    Blast furnace means a furnace used for the production of molten iron 
from iron ore and other iron bearing materials.
    Bottom-blown furnace means any basic oxygen process furnace in which 
oxygen and other combustion gases are introduced into the bath of molten 
iron through tuyeres in the bottom of the vessel or through tuyeres in 
the bottom and sides of the vessel.
    Casthouse means the building or structure that encloses the bottom 
portion of a blast furnace where the hot metal and slag are tapped from 
the furnace.
    Certified observer means a visible emission observer certified to 
perform EPA Method 9 opacity observations.
    Desulfurization means the process in which reagents such as 
magnesium, soda ash, and lime are injected into the hot metal, usually 
with dry air or nitrogen, to remove sulfur.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation (including 
operating limits) or operation and maintenance requirement;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating

[[Page 204]]

permit for any affected source required to obtain such a permit; or
    (3) Fails to meet any emission limitation in this subpart during 
startup, shutdown, or malfunction, regardless of whether or not such 
failure is permitted by this subpart.
    Discharge end means the place where those operations conducted 
within the sinter plant starting at the discharge of the sintering 
machine's traveling grate including (but not limited to) hot sinter 
crushing, screening, and transfer operations occur.
    Emission limitation means any emission limit, opacity limit, or 
operating limit.
    Hot metal transfer station means the location in a basic oxygen 
process furnace shop where molten iron (hot metal) is transferred from a 
torpedo car or hot metal car used to transport hot metal from the blast 
furnace casthouse to a holding vessel or ladle in the basic oxygen 
process furnace shop. This location also is known as the reladling 
station or ladle transfer station.
    Integrated iron and steel manufacturing facility means an 
establishment engaged in the production of steel from iron ore.
    Ladle metallurgy means a secondary steelmaking process that is 
performed typically in a ladle after initial refining in a basic oxygen 
process furnace to adjust or amend the chemical and/or mechanical 
properties of steel. This definition does not include vacuum degassing.
    Primary emissions means particulate matter emissions from the basic 
oxygen process furnace generated during the steel production cycle which 
are captured and treated in the furnace's primary emission control 
system.
    Primary emission control system means the combination of equipment 
used for the capture and collection of primary emissions (e.g., an open 
hood capture system used in conjunction with an electrostatic 
precipitator or a closed hood system used in conjunction with a 
scrubber).
    Primary oxygen blow means the period in the steel production cycle 
of a basic oxygen process furnace during which oxygen is blown through 
the molten iron bath by means of a lance inserted from the top of the 
vessel (top-blown) or through tuyeres in the bottom and/or sides of the 
vessel (bottom-blown).
    Responsible official means responsible official as defined in Sec. 
63.2.
    Secondary emissions means particulate matter emissions that are not 
controlled by a primary emission control system, including emissions 
that escape from open and closed hoods, lance hole openings, and gaps or 
tears in ductwork to the primary emission control system.
    Secondary emission control system means the combination of equipment 
used for the capture and collection of secondary emissions from a basic 
oxygen process furnace.
    Sinter cooler means the apparatus used to cool the hot sinter 
product that is transferred from the discharge end through contact with 
large volumes of induced or forced draft air.
    Sinter plant means the machine used to produce a fused clinker-like 
aggregate or sinter of fine iron-bearing materials suited for use in a 
blast furnace. The machine is composed of a continuous traveling grate 
that conveys a bed of ore fines and other finely divided iron-bearing 
material and fuel (typically coke breeze), a burner at the feed end of 
the grate for ignition, and a series of downdraft windboxes along the 
length of the strand to support downdraft combustion and heat sufficient 
to produce a fused sinter product.
    Skimming station means the locations inside a basic oxygen process 
furnace shop where slag is removed from the top of the molten metal 
bath.
    Steel production cycle means the operations conducted within the 
basic oxygen process furnace shop that are required to produce each 
batch of steel. The following operations are included: scrap charging, 
preheating (when done), hot metal charging, primary oxygen blowing, 
sampling, (vessel turndown and turnup), additional oxygen blowing (when 
done), tapping, and deslagging. The steel production cycle begins when 
the scrap is charged to the furnace and ends after the slag is emptied 
from the vessel into the slag pot.

[[Page 205]]

    Top-blown furnace means any basic oxygen process furnace in which 
oxygen is introduced into the bath of molten iron by means of an oxygen 
lance inserted from the top of the vessel.
    Windboxes means the compartments that provide for a controlled 
distribution of downdraft combustion air as it is drawn through the 
sinter bed of a sinter plant to make the fused sinter product.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39588, July 13, 2006]



  Sec. Table 1 to Subpart FFFFF of Part 63--Emission and Opacity Limits

    As required in Sec. 63.7790(a), you must comply with each 
applicable emission and opacity limit in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                               You must comply with each of the
                                 For . . .                                             following . . .
----------------------------------------------------------------------------------------------------------------
1. Each windbox exhaust stream at an existing sinter plant.................  You must not cause to be discharged
                                                                              to the atmosphere any gases that
                                                                              contain particulate matter in
                                                                              excess of 0.4 lb/ton of product
                                                                              sinter.
2. Each windbox exhaust stream at a new sinter plant.......................  You must not cause to be discharged
                                                                              to the atmosphere any gases that
                                                                              contain particulate matter in
                                                                              excess of 0.3 lb/ton of product
                                                                              sinter.
3. Each discharge end at an existing sinter plant..........................  a. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              gases that exit from one or more
                                                                              control devices that contain, on a
                                                                              flow-weighted basis, particulate
                                                                              matter in excess of 0.02 gr/dscf
                                                                              \1\ \2\; and
                                                                             b. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              secondary emissions that exit any
                                                                              opening in the building or
                                                                              structure housing the discharge
                                                                              end that exhibit opacity greater
                                                                              than 20 percent (6-minute
                                                                              average).
4. Each discharge end at a new sinter plant................................  a. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              gases that exit from one or more
                                                                              control devices that contain, on a
                                                                              flow weighted basis, particulate
                                                                              matter in excess of 0.01 gr/dscf;
                                                                              and
                                                                             b. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              secondary emissions that exit any
                                                                              opening in the building or
                                                                              structure housing the discharge
                                                                              end that exhibit opacity greater
                                                                              than 10 percent (6-minute
                                                                              average).
5. Each sinter cooler at an existing sinter plant..........................  You must not cause to be discharged
                                                                              to the atmosphere any emissions
                                                                              that exhibit opacity greater than
                                                                              10 percent (6-minute average).
6. Each sinter cooler at a new sinter plant................................  You must not cause to be discharged
                                                                              to the atmosphere any gases that
                                                                              contain particulate matter in
                                                                              excess of 0.01 gr/dscf.
7. Each casthouse at an existing blast furnace.............................  a. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              gases that exit from a control
                                                                              device that contain particulate
                                                                              matter in excess of 0.01 gr/dscf
                                                                              \2\; and
                                                                             b. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              secondary emissions that exit any
                                                                              opening in the casthouse or
                                                                              structure housing the blast
                                                                              furnace that exhibit opacity
                                                                              greater than 20 percent (6-minute
                                                                              average).
8. Each casthouse at a new blast furnace...................................  a. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              gases that exit from a control
                                                                              device that contain particulate
                                                                              matter in excess of 0.003 gr/dscf;
                                                                              and
                                                                             b. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              secondary emissions that exit any
                                                                              opening in the casthouse or
                                                                              structure housing the blast
                                                                              furnace that exhibit opacity
                                                                              greater than 15 percent (6-minute
                                                                              average).
9. Each BOPF at a new or existing shop.....................................  a. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              gases that exit from a primary
                                                                              emission control system for a BOPF
                                                                              with a closed hood system at a new
                                                                              or existing BOPF shop that
                                                                              contain, on a flow-weighted basis,
                                                                              particulate matter in excess of
                                                                              0.03 gr/dscf during the primary
                                                                              oxygen blow \2\ \3\; and
                                                                             b. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              gases that exit from a primary
                                                                              emission control system for a BOPF
                                                                              with an open hood system that
                                                                              contain, on a flow-weighted basis,
                                                                              particulate matter in excess of
                                                                              0.02 gr/dscf during the steel
                                                                              production cycle for an existing
                                                                              BOPF shop \2\ \3\ or 0.01 gr/dscf
                                                                              during the steel production cycle
                                                                              for a new BOPF shop \3\; and

[[Page 206]]

 
                                                                             c. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              gases that exit from a control
                                                                              device used solely for the
                                                                              collection of secondary emissions
                                                                              from the BOPF that contain
                                                                              particulate matter in excess of
                                                                              0.01 gr/dscf for an existing BOPF
                                                                              shop \2\ or 0.0052 gr/dscf for a
                                                                              new BOPF shop.
10. Each hot metal transfer, skimming, and desulfurization operation at a    You must not cause to be discharged
 new or existing BOPF shop.                                                   to the atmosphere any gases that
                                                                              exit from a control device that
                                                                              contain particulate matter in
                                                                              excess of 0.01 gr/dscf for an
                                                                              existing BOPF shop \2\ or 0.003 gr/
                                                                              dscf for a new BOPF shop.
11. Each ladle metallurgy operation at a new or existing BOPF shop.........  You must not cause to be discharged
                                                                              to the atmosphere any gases that
                                                                              exit from a control device that
                                                                              contain particulate matter in
                                                                              excess of 0.01 gr/dscf for an
                                                                              existing BOPF shop \2\ or 0.004 gr/
                                                                              dscf for a new BOPF shop.
12. Each roof monitoring at an existing BOPF shop..........................  You must not cause to be discharged
                                                                              to the atmosphere any secondary
                                                                              emissions that exit any opening in
                                                                              the BOPF shop or any other
                                                                              building housing the BOPF or BOPF
                                                                              shop operation that exhibit
                                                                              opacity greater than 20 percent (3-
                                                                              minute average).
13. Each roof monitor at a new BOPF shop...................................  a. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              secondary emissions that exit any
                                                                              opening in the BOPF shop or other
                                                                              building housing a bottom-blown
                                                                              BOPF or BOPF shop operations that
                                                                              exhibit opacity (for any set of 6-
                                                                              minute averages) greater than 10
                                                                              percent, except that one 6-minute
                                                                              period not to exceed 20 percent
                                                                              may occur once per steel
                                                                              production cycle; or
                                                                             b. You must not cause to be
                                                                              discharged to the atmosphere any
                                                                              secondary emissions that exit any
                                                                              opening in the BOPF shop or other
                                                                              building housing a top-blown BOPF
                                                                              or BOPF shop operations that
                                                                              exhibit opacity (for any set of 3-
                                                                              minute averages) greater than 10
                                                                              percent, except that one 3-minute
                                                                              period greater than 10 percent but
                                                                              less than 20 percent may occur
                                                                              once per steel production cycle.
----------------------------------------------------------------------------------------------------------------
\1\ This limit applies if the cooler is vented to the same control device as the discharge end.
\2\ This concentration limit (gr/dscf) for a control device does not apply to discharges inside a building or
  structure housing the discharge end at an existing sinter plant, inside a casthouse at an existing blast
  furnace, or inside an existing BOPF shop if the control device was installed before August 30, 2005.
\3\ This limit applies to control devices operated in parallel for a single BOPF during the oxygen blow.


[68 FR 27663, May 20, 2003, as amended at 71 FR 39588, July 13, 2006]



   Sec. Table 2 to Subpart FFFFF of Part 63--Initial Compliance With 
                       Emission and Opacity Limits

    As required in Sec. 63.7825(a)(1), you must demonstrate initial 
compliance with the emission and opacity limits according to the 
following table:

----------------------------------------------------------------------------------------------------------------
                                                                                You have demonstrated initial
                                 For . . .                                           compliance if . . .
----------------------------------------------------------------------------------------------------------------
1. Each windbox exhaust stream at an existing sinter plant.................  The process-weighted mass rate of
                                                                              particulate matter from a windbox
                                                                              exhaust stream, measured according
                                                                              to the performance test procedures
                                                                              in Sec.  63.7822(c), did not
                                                                              exceed 0.4 lb/ton of product
                                                                              sinter.
2. Each windbox exhaust stream at a new sinter plant.......................  The process-weighted mass rate of
                                                                              particulate matter from a windbox
                                                                              exhaust stream, measured according
                                                                              to the performance test procedures
                                                                              in Sec.  63.7822(c), did not
                                                                              exceed 0.3 lb/ton of product
                                                                              sinter.
3. Each discharge end at an existing sinter plant..........................  a. The flow-weighted average
                                                                              concentration of particulate
                                                                              matter from one or more control
                                                                              devices applied to emissions from
                                                                              a discharge end, measured
                                                                              according to the performance test
                                                                              procedures in Sec.  63.7822(d),
                                                                              did not exceed 0.02 gr/dscf; and
                                                                             b. The opacity of secondary
                                                                              emissions from each discharge end,
                                                                              determined according to the
                                                                              performance test procedures in
                                                                              Sec.  63.7823(c), did not exceed
                                                                              20 percent (6-minute average).
4. Each discharge end at a new sinter plant................................  a. The flow-weighted average
                                                                              concentration of particulate
                                                                              matter from one or more control
                                                                              devices applied to emissions from
                                                                              a discharge end, measured
                                                                              according to the performance test
                                                                              procedures in Sec.  63.7822(d),
                                                                              did not exceed 0.01 gr/dscf; and

[[Page 207]]

 
                                                                             b. The opacity of secondary
                                                                              emissions from each discharge end,
                                                                              determined according to the
                                                                              performance test procedures in
                                                                              Sec.  63.7823(c), did not exceed
                                                                              10 percent (6-minute average).
5. Each sinter cooler at an existing sinter plant..........................  The opacity of emissions,
                                                                              determined according to the
                                                                              performance test procedures in
                                                                              Sec.  63.7823(e), did not exceed
                                                                              10 percent (6-minute average).
6. Each sinter cooler at a new sinter plant................................  The average concentration of
                                                                              particulate matter, measured
                                                                              according to the performance test
                                                                              procedures in Sec.  63.7822(b),
                                                                              did not exceed 0.01 gr/dscf.
7. Each casthouse at an existing blast furnace.............................  a. The average concentration of
                                                                              particulate matter from a control
                                                                              device applied to emissions from a
                                                                              casthouse, measured according to
                                                                              the performance test procedures in
                                                                              Sec.  63.7822(e), did not exceed
                                                                              0.01 gr/dscf; and
                                                                             b. The opacity of secondary
                                                                              emissions from each casthouse,
                                                                              determined according to the
                                                                              performance test procedures in
                                                                              Sec.  63.7823(c), did not exceed
                                                                              20 percent (6-minute average).
8. Each casthouse at a new blast furnace...................................  a. The average concentration of
                                                                              particulate matter from a control
                                                                              device applied to emissions from a
                                                                              casthouse, measured according to
                                                                              the performance test procedures in
                                                                              Sec.  63.7822(e), did not exceed
                                                                              0.003 gr/dscf; and
                                                                             b. The opacity of secondary
                                                                              emissions from each casthouse,
                                                                              determined according to the
                                                                              performance test procedures in
                                                                              Sec.  63.7823(c), did not exceed
                                                                              15 percent (6-minute average).
9. Each BOPF at a new or existing BOPF shop................................  a. The average concentration of
                                                                              particulate matter from a primary
                                                                              emission control system applied to
                                                                              emissions from a BOPF with a
                                                                              closed hood system, measured
                                                                              according to the performance test
                                                                              procedures in Sec.  63.7822(f),
                                                                              did not exceed 0.03 gr/dscf for a
                                                                              new or existing BOPF shop;
                                                                             b. The average concentration of
                                                                              particulate matter from a primary
                                                                              emission control system applied to
                                                                              emissions from a BOPF with an open
                                                                              hood system, measured according to
                                                                              the performance test procedures in
                                                                              Sec.  63.7822(g), did not exceed
                                                                              0.02 gr/dscf for an existing BOPF
                                                                              shop or 0.01 gr/dscf for a new
                                                                              BOPF shop; and
                                                                             c. The average concentration of
                                                                              particulate matter from a control
                                                                              device applied solely to secondary
                                                                              emissions from a BOPF, measured
                                                                              according to the performance test
                                                                              procedures in Sec.  63.7822(g),
                                                                              did not exceed 0.01 gr/dscf for an
                                                                              existing BOPF shop or 0.0052 gr/
                                                                              dscf for a new BOPF shop.
10. Each hot metal transfer skimming, and desulfurization at a new or        The average concentration of
 existing BOPF shop.                                                          particulate matter from a control
                                                                              device applied to emissions from
                                                                              hot metal transfer, skimming, or
                                                                              desulfurization, measured
                                                                              according to the performance test
                                                                              procedures in Sec.  63.7822(h),
                                                                              did not exceed 0.01 gr/dscf for an
                                                                              existing BOPF shop or 0.003 gr/
                                                                              dscf for a new BOPF shop.
11. Each ladle metallurgy operation at a new or existing BOPF shop.........  The average concentration of
                                                                              particulate matter from a control
                                                                              device applied to emissions from a
                                                                              ladle metallurgy operation,
                                                                              measured according to the
                                                                              performance test procedures in
                                                                              Sec.  63.7822(h), did not exceed
                                                                              0.01 gr/dscf for an existing BOPF
                                                                              shop or 0.004 gr/dscf for a new
                                                                              BOPF shop.
12. Each roof monitor at an existing BOPF shop.............................  The opacity of secondary emissions
                                                                              from each BOPF shop, determined
                                                                              according to the performance test
                                                                              procedures in Sec.  63.7823(d),
                                                                              did not exceed 20 percent (3-
                                                                              minute average).
13. Each roof monitor at a new BOPF shop...................................  a. The opacity of the highest set
                                                                              of 6-minute averages from each
                                                                              BOPF shop housing a bottom-blown
                                                                              BOPF, determined according to the
                                                                              performance test procedures in
                                                                              Sec.  63.7823(d), did not exceed
                                                                              20 percent and the second highest
                                                                              set of 6-minute averages did not
                                                                              exceed 10 percent; or
                                                                             b. The opacity of the highest set
                                                                              of 3-minute averages from each
                                                                              BOPF shop housing a top-blown
                                                                              BOPF, determined according to the
                                                                              performance test procedures in
                                                                              Sec.  63.7823(d), did not exceed
                                                                              20 percent and the second highest
                                                                              set of 3-minute averages did not
                                                                              exceed 10 percent.
----------------------------------------------------------------------------------------------------------------


[[Page 208]]


[68 FR 27663, May 20, 2003, as amended at 71 FR 39589, July 13, 2006]



  Sec. Table 3 to Subpart FFFFF of Part 63--Continuous Compliance With 
                       Emission and Opacity Limits

    As required in Sec. 63.7833(a), you must demonstrate continuous 
compliance with the emission and opacity limits according to the 
following table:

------------------------------------------------------------------------
                                         You must demonstrate continuous
               For . . .                       compliance by . . .
------------------------------------------------------------------------
1. Each windbox exhaust stream at an     a. Maintaining emissions of
 existing sinter plant.                   particulate matter at or below
                                          0.4 lb/ton of product sinter;
                                          and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
2. Each windbox exhaust stream at a new  a. Maintaining emissions of
 sinter plant.                            particulate matter at or below
                                          0.3 lb/ton of product sinter;
                                          and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
3. Each discharge end at an existing     a. Maintaining emissions of
 sinter plant.                            particulate matter from one or
                                          more control devices at or
                                          below 0.02 gr/dscf; and
                                         b. Maintaining the opacity of
                                          secondary emissions that exit
                                          any opening in the building or
                                          structure housing the
                                          discharge end at or below 20
                                          percent (6-minute average);
                                          and
                                         c. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
4. Each discharge end at a new sinter    a. Maintaining emissions of
 plant.                                   particulate matter from one or
                                          more control devices at or
                                          below 0.01 gr/dscf; and
                                         b. Maintaining the opacity of
                                          secondary emissions that exit
                                          any opening in the building or
                                          structure housing the
                                          discharge end at or below 10
                                          percent (6-minute average);
                                          and
                                         c. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
5. Each sinter cooler at an existing     a. Maintaining the opacity of
 sinter plant.                            emissions that exit any sinter
                                          cooler at or below 10 percent
                                          (6-minute average); and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
6. Each sinter cooler at a new sinter    a. Maintaining emissions of
 plant.                                   particulate matter at or below
                                          0.1 gr/dscf; and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
7. Each casthouse at an existing blast   a. Maintaining emissions of
 furnace.                                 particulate matter from a
                                          control device at or below
                                          0.01 gr/dscf; and
                                         b. Maintaining the opacity of
                                          secondary emissions that exit
                                          any opening in the casthouse
                                          or structure housing the
                                          casthouse at or below 20
                                          percent (6-minute average);
                                          and
                                         c. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
8. Each casthouse at a new blast         a. Maintaining emissions of
 furnace.                                 particulate matter from a
                                          control device at or below
                                          0.003 gr/dscf; and
                                         b. Maintaining the opacity of
                                          secondary emissions that exit
                                          any opening in the casthouse
                                          or structure housing the
                                          casthouse at or below 15
                                          percent (6-minute average);
                                          and
                                         c. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
9. Each BOPF at a new or existing BOPF   a. Maintaining emissions of
 shop.                                    particulate matter from the
                                          primary control system for a
                                          BOPF with a closed hood system
                                          at or below 0.03 gr/dscf; and
                                         b. Maintaining emissions of
                                          particulate matter from the
                                          primary control system for a
                                          BOPF with an open hood system
                                          at or below 0.02 gr/dscf for
                                          an existing BOPF shop or 0.01
                                          gr/dscf for a new BOPF shop;
                                          and
                                         c. Maintaining emissions of
                                          particulate matter from a
                                          control device applied solely
                                          to secondary emissions from a
                                          BOPF at or below 0.01 gr/dscf
                                          for an existing BOPF shop or
                                          0.0052 gr/dscf for a new BOPF
                                          shop; and
                                         d. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
10. Each hot metal transfer, skimming,   a. Maintaining emissions of
 and desulfurization operation at a new   particulate matter from a
 or existing BOPF shop.                   control device at or below
                                          0.01 gr/dscf at an existing
                                          BOPF or 0.003 gr/dscf for a
                                          new BOPF; and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
11. Each ladle metallurgy operation at   a. Maintaining emissions of
 a new or existing BOPF shop.             particulate matter from a
                                          control device at or below
                                          0.01 gr/dscf at an existing
                                          BOPF shop or 0.004 gr/dscf for
                                          a new BOPF shop; and

[[Page 209]]

 
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
12. Each roof monitor at an existing     a. Maintaining the opacity of
 BOPF shop.                               secondary emissions that exit
                                          any opening in the BOPF shop
                                          or other building housing the
                                          BOPF shop or shop operation at
                                          or below 20 percent (3-minute
                                          average); and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
13. Each roof monitor at a new BOPF      a. Maintaining the opacity (for
 shop.                                    any set of 6-minute averages)
                                          of secondary emissions that
                                          exit any opening in the BOPF
                                          shop or other building housing
                                          a bottom-blown BOPF or shop
                                          operation at or below 10
                                          percent, except that one 6-
                                          minute period greater than 10
                                          percent but no more than 20
                                          percent may occur once per
                                          steel production cycle; and
                                         b. Maintaining the opacity (for
                                          any set of 3-minute averages)
                                          of secondary emissions that
                                          exit any opening in the BOPF
                                          shop or other building housing
                                          a top-blown BOPF or shop
                                          operation at or below 10
                                          percent, except that one 3-
                                          minute period greater than 10
                                          percent but less than 20
                                          percent may occur once per
                                          steel production cycle; and
                                         c. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
------------------------------------------------------------------------


[71 FR 39590, July 13, 2006]



   Sec. Table 4 to Subpart FFFFF of Part 63--Applicability of General 
                       Provisions to Subpart FFFFF

    As required in Sec. 63.7850, you must comply with the requirements 
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in 
the following table:

----------------------------------------------------------------------------------------------------------------
              Citation                        Subject          Applies to Subpart FFFFF        Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.........................  Applicability..........  Yes.
Sec.  63.2.........................  Definitions............  Yes.
Sec.  63.3.........................  Units and Abbreviations  Yes.
Sec.  63.4.........................  Prohibited Activities..  Yes.
Sec.  63.5.........................  Construction/            Yes.
                                       Reconstruction.
Sec.  63.6(a), (b), (c), (d), (e),   Compliance with          Yes.
 (f), (g), (h)(2)(ii)-(h)(9).          Standards and
                                       Maintenance
                                       Requirements.
Sec.  63.6(h)(2)(i)................  Determining Compliance   No......................  Subpart FFFFF specifies
                                       with Opacity and VE                                methods and procedures
                                       Standards.                                         for determining
                                                                                          compliance with
                                                                                          opacity emission and
                                                                                          operating limits.
Sec.  63.6(i)......................  Extension of Compliance  Yes.....................
                                       with Emission
                                       Standards.
Sec.  63.6(j)......................  Exemption from           Yes.....................
                                       Compliance with
                                       Emission Standards.
Sec.  63.7(a)(1)-(2)...............  Applicability and        No......................  Subpart FFFFF and
                                       Performance Test Dates.                            specifies performance
                                                                                          test applicability and
                                                                                          dates.
Sec.  63.7(a)(3), (b), (c)-(h).....  Performance Testing      Yes.....................
                                       Requirements.
Sec.  63.8(a)(1)-(3), (b), (c)(1)-   Monitoring Requirements  Yes.....................  CMS requirements in
 (3), (c)(4)(i)-(ii), (c)(5)-(6),                                                         Sec. Sec.
 (c)(7)-(8), (f)(1)-(5), (g)(1)-(4).                                                      63.8(c)(4)(i)-(ii),
                                                                                          (c)(5)-(6), (d), and
                                                                                          (e) apply only to
                                                                                          COMS.
Sec.  63.8(a)(4)...................  Additional Monitoring    No......................  Subpart FFFFF does not
                                       Requirements for                                   require flares.
                                       Control Devices in
                                       Sec.  63.11.
Sec.  63.8(c)(4)...................  Continuous Monitoring    No......................  Subpart FFFFF specifies
                                       System Requirements.                               requirements for
                                                                                          operation of CMS.
Sec.  63.8(f)(6)...................  RATA Alternative.......  No......................
Sec.  63.8(g)(5)...................  Data Reduction.........  No......................  Subpart FFFFF specifies
                                                                                          data reduction
                                                                                          requirements.
Sec.  63.9.........................  Notification             Yes.....................  Additional
                                       Requirements.                                      notifications for CMS
                                                                                          in Sec.  63.9(g)
                                                                                          apply only to COMS.
Sec.  63.10(a), (b)(1), (b)(2)(i)-   Recordkeeping and        Yes.....................  Additional records for
 (xii), (b)(2)(xiv), (b)(3), (c)(1)-   Reporting Requirements.                            CMS in Sec.
 (6), (c)(9)-(15), (d), (e)(1)-(2),                                                       63.10(c)(1)-(6), (9)-
 (e)(4), (f).                                                                             (15), and reports in
                                                                                          Sec.  63.10(d)(1)-(2)
                                                                                          apply only to COMS.

[[Page 210]]

 
Sec.  63.10(b)(2) (xiii)...........  CMS Records for RATA     No......................
                                       Alternative.
Sec.  63.10(c)(7)-(8)..............  Records of Excess        No......................  Subpart FFFFF specifies
                                       Emissions and                                      record requirements.
                                       Parameter Monitoring
                                       Exceedances for CMS.
Sec.  63.10(e)(3)..................  Excess Emission Reports  No......................  Subpart FFFFF specifies
                                                                                          reporting requirements
Sec.  63.11........................  Control Device           No......................  Subpart FFFFF does not
                                       Requirements.                                      require flares.
Sec.  63.12........................  State Authority and      Yes.
                                       Delegations.
Sec.  63.13-Sec.  63.15...........  Addresses,               Yes.
                                       Incorporation by
                                       Reference,
                                       Availability of
                                       Information.
----------------------------------------------------------------------------------------------------------------


[68 FR 27663, May 20, 2003, as amended at 71 FR 39591, July 13, 2006]



Subpart GGGGG_National Emission Standards for Hazardous Air Pollutants: 
                            Site Remediation

    Source: 68 FR 58190, Oct. 8, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.7880  What is the purpose of this subpart?

    This subpart establishes national emissions limitations and work 
practice standards for hazardous air pollutants (HAP) emitted from site 
remediation activities. This subpart also establishes requirements to 
demonstrate initial and continuous compliance with the emissions 
limitations and work practice standards.



Sec. 63.7881  Am I subject to this subpart?

    (a) This subpart applies to you if you own or operate a facility at 
which you conduct a site remediation, as defined in Sec. 63.7957; and 
this site remediation, unless exempted under paragraph (b) or (c) of 
this section, meets all three of the following conditions specified in 
paragraphs (a)(1) through (3) of this section.
    (1) Your site remediation cleans up a remediation material, as 
defined in Sec. 63.7957.
    (2) Your site remediation is co-located at your facility with one or 
more other stationary sources that emit HAP and meet an affected source 
definition specified for a source category that is regulated by another 
subpart under 40 CFR part 63. This condition applies regardless whether 
or not the affected stationary source(s) at your facility is subject to 
the standards under the applicable subpart(s).
    (3) Your facility is a major source of HAP as defined in Sec. 63.2, 
except as specified in paragraph (a)(3)(i) or (ii) of this section. A 
major source emits or has the potential to emit any single HAP at the 
rate of 10 tons (9.07 megagrams) or more per year or any combination of 
HAP at a rate of 25 tons (22.68 megagrams) or more per year.
    (i) For production field facilities, as defined in Sec. 63.761, 
only the HAP emissions from the glycol dehydration units and storage 
vessels with the potential for flash emissions (both as defined in Sec. 
63.761) shall be aggregated with the HAP emissions from the site 
remediation activities at the facility for a major source determination.
    (ii) For natural gas transmission and storage facilities, HAP 
emissions shall be aggregated in accordance with the definition of major 
source in Sec. 63.1271 for a major source determination.
    (b) You are not subject to this subpart if your site remediation 
qualifies for any of one of the exemptions listed in paragraphs (b)(1) 
through (6) of this section.
    (1) Your site remediation is not subject to this subpart if the site 
remediation only cleans up material that does not contain any of the HAP 
listed in Table 1 of this subpart.

[[Page 211]]

    (2) Your site remediation is not subject to this subpart if the site 
remediation will be performed under the authority of the Comprehensive 
Environmental Response and Compensation Liability Act (CERCLA) as a 
remedial action or a non time-critical removal action.
    (3) Your site remediation is not subject to this subpart if the site 
remediation will be performed under a Resource Conservation and Recovery 
Act (RCRA) corrective action conducted at a treatment, storage and 
disposal facility (TSDF) that is either required by your permit issued 
by either the U.S. Environmental Protection Agency (EPA) or a State 
program authorized by the EPA under RCRA section 3006; required by 
orders authorized under RCRA; or required by orders authorized under 
RCRA section 7003.
    (4) Your site remediation is not subject to this subpart if the site 
remediation is conducted at a gasoline service station to clean up 
remediation material from a leaking underground storage tank.
    (5) Your site remediation is not subject to this subpart if the site 
remediation is conducted at a farm or residential site.
    (6) Your site remediation is not subject to this subpart if the site 
remediation is conducted at a research and development facility that 
meets the requirements under Clean Air Act (CAA) section 112(c)(7).
    (c) Your site remediation activities are not subject to the 
requirements of this subpart, except for the recordkeeping requirements 
in this paragraph, provided that you meet the requirements specified in 
paragraphs (c)(1) through (c)(3) of this section.
    (1) You determine that the total quantity of the HAP listed in Table 
1 to this subpart that is contained in the remediation material 
excavated, extracted, pumped, or otherwise removed during all of the 
site remediations conducted at your facility is less than 1 megagram 
(Mg) annually. This exemption applies the 1 Mg limit on a facility-wide, 
annual basis, and there is no restriction to the number of site 
remediations that can be conducted during this period.
    (2) You must prepare and maintain at your facility written 
documentation to support your determination that the total HAP quantity 
in your remediation materials for the year is less than 1 Mg. The 
documentation must include a description of your methodology and data 
used for determining the total HAP content of the remediation material.
    (3) Your Title V permit does not have to be reopened or revised 
solely to include the recordkeeping requirement specified in paragraph 
(c)(2) of this section. However, the requirement must be included in 
your permit the next time the permit is renewed, reopened, or revised 
for another reason.
    (d) Your site remediation is not subject to the requirements of this 
subpart if all remediation activities at your facility subject to this 
subpart are completed and you have notified the Administrator in writing 
that all remediation activities subject to this subpart are completed. 
You must maintain records of compliance, in accordance with Sec. 
63.7953, for each remediation activity that was subject to this subpart. 
All future remediation activity meeting the applicability criteria in 
this section must comply with the requirements of this subpart.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69016, Nov. 29, 2006]



Sec. 63.7882  What site remediation sources at my facility does this subpart 

affect?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source for your site remediation as designated by paragraphs 
(a)(1) through (3) of this section.
    (1) Process vents. The affected source is the entire group of 
process vents associated with the in-situ and ex-situ remediation 
processes used at your site to remove, destroy, degrade, transform, or 
immobilize hazardous substances in the remediation material subject to 
remediation. Examples of such in-situ remediation processes include, but 
are not limited to, soil vapor extraction and bioremediation processes. 
Examples of such ex-situ remediation processes include but are not 
limited to, thermal desorption, bioremediation, and air stripping 
processes.

[[Page 212]]

    (2) Remediation material management units. Remediation material 
management unit means a tank, surface impoundment, container, oil-water 
separator, organic-water separator, or transfer system, as defined in 
Sec. 63.7957, and is used at your site to manage remediation material. 
The affected source is the entire group of remediation material 
management units used for the site remediations at your site. For the 
purpose of this subpart, a tank or container that is also equipped with 
a vent that serves as a process vent, as defined in Sec. 63.7957, is 
not a remediation material management unit, but instead this unit is 
considered to be a process vent affected source under paragraph (a)(1) 
of this section.
    (3) Equipment leaks. The affected source is the entire group of 
equipment components (pumps, valves, etc.) used to manage remediation 
materials and meeting both of the conditions specified in paragraphs 
(a)(3)(i) and (ii) of this section. If either 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 contains or contacts remediation 
material having a concentration of total HAP listed in Table 1 of this 
subpart equal to or greater than 10 percent by weight.
    (ii) The equipment component is intended to operate for 300 hours or 
more during a calendar year in remediation material service, as defined 
in Sec. 63.7957.
    (b) Each affected source for your site is existing if you commenced 
construction or reconstruction of the affected source before July 30, 
2002.
    (c) Each affected source for your site is new if you commenced 
construction or reconstruction of the affected source on or after July 
30, 2002. An affected source is reconstructed if it meets the definition 
of reconstruction in Sec. 63.2.



Sec. 63.7883  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with 
each emission limitation, work practice standard, and operation and 
maintenance requirement in this subpart that applies to you no later 
than October 9, 2006.
    (b) If you have a new affected source that manages remediation 
material other than a radioactive mixed waste as defined in Sec. 
63.7957, then you must meet the compliance date specified in paragraph 
(b)(1) or (2) of this section, as applicable to your affected source.
    (1) If the affected source's initial startup date is on or before 
October 8, 2003, you must comply with each emission limitation, work 
practice standard, and operation and maintenance requirement in this 
subpart that applies to you by October 8, 2003.
    (2) If the affected source's initial startup date is after October 
8, 2003, you must comply with each emission limitation, work practice 
standard, and operation and maintenance requirement in this subpart that 
applies to you upon initial startup.
    (c) If you have a new affected source that manages remediation 
material that is a radioactive mixed waste as defined in Sec. 63.7957, 
then you must meet the compliance date specified in paragraph (c)(1) or 
(2) of this section, as applicable to your affected source.
    (1) If the affected source's initial startup date is on or before 
October 8, 2003, you must comply with each emission limitation, work 
practice standard, and operation and maintenance requirement in this 
subpart that applies to you no later than October 9, 2006.
    (2) If the affected source's initial startup date is after October 
8, 2003, you must comply with each emission limitation, work practice 
standard, and operation and maintenance requirement in this subpart that 
applies to you upon initial startup.
    (d) If your facility is an area source that increases its emissions 
or its potential to emit such that it becomes a major source of HAP as 
defined in Sec. 63.2, then you must meet the compliance dates specified 
in paragraphs (d)(1) and (2) of this section.
    (1) For each source at your facility that is a new affected source 
subject to this subpart, you must comply with each emission limitation, 
work practice standard, and operation and maintenance requirement in 
this subpart that applies to you upon initial startup.
    (2) For all other affected sources subject to this subpart, you must 
comply

[[Page 213]]

with each emission limitation, work practice standard, and operation and 
maintenance requirement in this subpart that applies to you no later 
than 3 years after your facility becomes a major source.
    (e) You must meet the notification requirements, according to the 
schedule applicable to your facility, as specified in Sec. 63.7950 and 
in 40 CFR part 63, subpart A. Some of the notifications must be 
submitted before you are required to comply with the emissions 
limitations and work practice standards in this subpart.

                            General Standards



Sec. 63.7884  What are the general standards I must meet for each site 

remediation with affected sources?

    (a) For each site remediation with an affected source designated 
under Sec. 63.7882, you must meet the standards specified in Sec. Sec. 
63.7885 through 63.7955, as applicable to your affected source, unless 
your site remediation meets the requirements for an exemption under 
paragraph (b) of this section.
    (b) A site remediation that is completed within 30 consecutive 
calendar days according to the conditions in paragraphs (b)(1) through 
(3) of this section is not subject to the standards under paragraph (a) 
of this section. This exemption cannot be used for a site remediation 
involving the staged or intermittent cleanup of remediation material 
whereby the remediation activities at the site are started, stopped, and 
then re-started in a series of intervals, with durations less than 30-
days per interval, when the time period from the beginning of the first 
interval to the end of the last interval exceeds 30 days.
    (1) The 30 consecutive calendar day period for a site remediation 
that qualifies for this exemption is determined according to actions 
taken by you as defined in paragraphs (b)(1)(i) through (iii) of this 
section.
    (i) The first day of the 30-day period is defined as the day on 
which you initiate any action that removes, destroys, degrades, 
transforms, immobilizes, or otherwise manages the remediation materials. 
The following activities, when completed before beginning this initial 
action, are not counted as part of the 30-day period: Activities to 
characterize the type and extent of the contamination by collecting and 
analyzing samples; activities to obtain permits from Federal, State, or 
local authorities to conduct the site remediation; activities to 
schedule workers and necessary equipment; and activities to arrange for 
contractor or third party assistance in performing the site remediation.
    (ii) The last day of the 30-day period is defined as the day on 
which treatment or disposal of all of the remediation materials 
generated by the cleanup is completed such that the organic constituents 
in these materials no longer have a reasonable potential for 
volatilizing and being released to the atmosphere.
    (iii) If treatment or disposal of the remediation materials is 
conducted at an off-site facility where the final treatment or disposal 
of the material cannot, or may not, be completed within the 30-day 
exemption period, then the shipment of all of the remediation material 
generated from your cleanup that is transferred to another party, or 
shipped to another facility, within the 30-day period, must be performed 
according to the applicable requirements specified in Sec. 63.7936.
    (2) For the purpose of complying with paragraph (b)(1) of this 
section, if you ship or otherwise transfer the remediation material off-
site you must include in the applicable shipping documentation, in 
addition to any notifications and certifications required under Sec. 
63.7936, a statement that the shipped material was generated by a site 
remediation activity subject to the conditions of this exemption. The 
statement must include the date on which you initiated the site 
remediation activity generating the shipped remediation materials, as 
specified in paragraph (b)(1)(i) of this section, and the date 30 
calendar days following your initiation date.
    (3) You must prepare and maintain at your facility written 
documentation describing the exempted site remediation, and listing the 
initiation and completion dates for the site remediation.

[71 FR 69016, Nov. 29, 2006]

[[Page 214]]



Sec. 63.7885  What are the general standards I must meet for my affected 

process vents?

    (a) For the process vents that comprise the affected source 
designated under Sec. 63.7882, you must select and meet the 
requirements under one of the options specified in paragraph (b) of this 
section.
    (b) For each affected process vent, except as exempted under 
paragraph (c) of this section, you must meet one of the options in 
paragraphs (b)(1) through (3) of this section.
    (1) You control HAP emissions from the affected process vents 
according to the standards specified in Sec. Sec. 63.7890 through 
63.7893.
    (2) You determine for the remediation material treated or managed by 
the process vented through the affected process vents that the average 
total volatile organic hazardous air pollutant (VOHAP) concentration, as 
defined in Sec. 63.7957, of this material is less than 10 parts per 
million by weight (ppmw). Determination of the VOHAP concentration is 
made using the procedures specified in Sec. 63.7943.
    (3) If the process vent is also subject to another subpart under 40 
CFR part 61 or 40 CFR part 63, you control emissions of the HAP listed 
in Table 1 of this subpart from the affected process vent in compliance 
with the standards specified in the applicable subpart. This means you 
are complying with all applicable emissions limitations and work 
practice standards under the other subpart (e.g., you install and 
operate the required air pollution controls or have implemented the 
required work practice to reduce HAP emissions to levels specified by 
the applicable subpart). This provision does not apply to any exemption 
of the affected source from the emissions limitations and work practice 
standards allowed by the other applicable subpart.
    (c) A process vent that meets the exemption requirements in 
paragraphs (c)(1) and (2) of this section is exempted from the 
requirements in paragraph (b) of this section.
    (1) The process vent stream exiting the process vent meets the 
conditions in either paragraph (c)(1)(i) or (ii) of this section.
    (i) 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); or
    (ii) 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 
concentration of HAP listed in Table 1 of this subpart is less than 20 
parts per million by volume (ppmv).
    (2) You must demonstrate that the process vent stream meets the 
applicable exemption conditions in paragraph (c)(1) of this section 
using the procedures specified in Sec. 63.694(m). You must prepare and 
maintain documentation at your facility to support your 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 and 
total HAP concentration, as applicable to the exemption conditions for 
your process vent. You must perform a new determination of the process 
vent stream flow rate and total HAP concentration, as applicable to the 
exemption conditions for your process vent, whenever changes to 
operation of the unit on which the process vent is used could cause the 
process vent stream conditions to exceed the maximum limits of the 
exemption.



Sec. 63.7886  What are the general standards I must meet for my affected 

remediation material management units?

    (a) For each remediation material management unit that is part of an 
affected source designated by Sec. 63.7882, you must select and meet 
the requirements under one of the options specified in paragraph (b) of 
this section except for those remediation material management units 
exempted under paragraph (c) or (d) of this section.
    (b) For each affected remediation material management unit, you must 
meet one of the options in paragraphs (b)(1) through (4) of this 
section.
    (1) You control HAP emissions from the affected remediation material 
management unit according to the standards specified in paragraphs 
(b)(1)(i) through (v) of this section, as applicable to the unit.

[[Page 215]]

    (i) If the remediation material management unit is a tank, then you 
control HAP emissions according to the standards specified in Sec. Sec. 
63.7895 through 63.7898.
    (ii) If the remediation material management unit is a container, 
then you control HAP emissions according to the standards specified in 
Sec. Sec. 63.7900 through 63.7903.
    (iii) If the remediation material management unit is a surface 
impoundment, then you control HAP emissions according to the standards 
specified in Sec. Sec. 63.7905 through 63.7908.
    (iv) If the remediation material management unit is an oil-water or 
organic-water separator, then you control HAP emissions according to the 
standards specified in Sec. Sec. 63.7910 through 63.7913.
    (v) If the remediation material management unit is a transfer 
system, then you control HAP emissions according to the standards 
specified in Sec. Sec. 63.7915 through 63.7918.
    (2) You determine that the average total VOHAP concentration, as 
defined in Sec. 63.7957, of the remediation material managed in the 
remediation material management unit material is less than 500 ppmw. You 
must follow the requirements in Sec. 63.7943 to demonstrate that the 
VOHAP concentration of the remediation material is less than 500 ppmw. 
Once the VOHAP concentration for a remediation material has been 
determined to be less than 500 ppmw, all remediation material management 
units downstream from the point of determination managing this material 
meet the requirements of this paragraph unless a remediation process is 
used that concentrates all, or part of, the remediation material being 
managed in the unit such that the VOHAP concentration of the material 
could increase. Any free product returned to the manufacturing process 
(e.g., recovered oil returned to a storage tank at a refinery) is no 
longer subject to this subpart.
    (3) If the remediation material management unit is also subject to 
another subpart under 40 CFR part 61 or 40 CFR part 63, you control 
emissions of the HAP listed in Table 1 of this subpart from the affected 
remediation material management unit in compliance with the standards 
specified in the applicable subpart. This means you are complying with 
all applicable emissions limitations and work practice standards under 
the other subpart (e.g., you install and operate the required air 
pollution controls or have implemented the required work practice to 
reduce HAP emissions to levels specified by the applicable subpart). 
This provision does not apply to any exemption of the affected source 
from the emissions limitations and work practice standards allowed by 
the other applicable subpart.
    (4) If the remediation material management unit is an open tank or 
surface impoundment used for a biological treatment process, you meet 
the requirements as specified in paragraphs (b)(4)(i) and (ii) of this 
section.
    (i) You demonstrate that the biological treatment process conducted 
in the open tank or surface impoundment meets the performance levels 
specified in either Sec. 63.684(b)(4)(i) or (ii).
    (ii) You monitor the biological treatment process conducted in the 
open tank or surface impoundment according to the requirements in Sec. 
63.684(e)(4).
    (c) A remediation material management unit is exempted from the 
requirements in paragraph (b) of this section if this unit is used for 
cleanup of radioactive mixed waste, as defined in Sec. 63.7957, that is 
subject to applicable regulations, directives, and other requirements 
under the Atomic Energy Act, the Nuclear Waste Policy Act, or the Waste 
Isolation Pilot Plant Land Withdrawal Act.
    (d) One or a combination of remediation material management units 
may be exempted at your discretion from the requirements in paragraph 
(b) of this section provided that the total annual quantity of HAP 
listed in Table 1 of this subpart contained in the remediation material 
placed in all of the remediation material management units exempted 
under this paragraph is less than 1 Mg/yr. For each remediation material 
management unit you select to be exempted under this provision, you must 
meet the requirements in paragraphs (d)(1) and (2) of this section.
    (1) You must designate each of the remediation material management 
units you are selecting to be exempted

[[Page 216]]

under this paragraph by either submitting to the Administrator a written 
notification identifying the exempt units or permanently marking the 
exempt units at the faculty site. If you choose 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 you choose 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 remediation material 
management units located at the site.
    (2) You must prepare an initial determination of the total annual 
HAP quantity in the remediation material placed in the units exempted 
under this paragraph. 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 remediation material is placed in each exempted unit. You must 
perform a new determination whenever the extent of changes to the 
quantity or composition of the remediation material placed in the 
exempted units could cause the total annual HAP content in the 
remediation material to exceed 1 Mg/yr. You 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 organic HAP content of the remediation material.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]



Sec. 63.7887  What are the general standards I must meet for my affected 

equipment leak sources?

    (a) You must control HAP emissions from equipment leaks from each 
equipment component that is part of the affected source by implementing 
leak detection and control measures according to the standards specified 
in Sec. Sec. 63.7920 through 63.7922 unless you elect to meet the 
requirements in paragraph (b) of this section.
    (b) If the affected equipment leak source is also subject to another 
subpart in 40 CFR part 61 or 40 CFR part 63, you may control emissions 
of the HAP listed in Table 1 to this subpart from the affected equipment 
leak source in compliance with the standards specified in the other 
applicable subpart. This means you are complying with all applicable 
emissions limitations and work practice standards under the other 
subpart (e.g., you implement leak detection and control measures to 
reduce HAP emissions as specified by the applicable subpart). This 
provision does not apply to any exemption of the affected source from 
the emissions limitations and work practice standards allowed by the 
other applicable subpart.

[71 FR 69017, Nov. 29, 2006]



Sec. 63.7888  How do I implement this rule at my facility using the cross-

referenced requirements in other subparts?

    (a) For the purposes of this subpart, when you read the term ``HAP 
listed in Table 1 of this subpart'' in a cross-referenced section under 
40 CFR part 63, subpart DD--National Emission Standards for Hazardous 
Air Pollutants from Off-Site Waste and Recovery Operations, you should 
refer to Table 1 of this subpart.
    (b) For the purposes of this subpart, when you read the term off-
site material in a cross-referenced section under 40 CFR part 63, 
subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations you should substitute the 
term remediation material, as defined in Sec. 63.7957.
    (c) For the purposes of this subpart, when you read the term 
regulated material in a cross-referenced section under 40 CFR part 63, 
subparts OO, PP, QQ, RR, TT, UU, WW, and VV you should substitute the 
term remediation material, as defined in Sec. 63.7957.

                              Process Vents



Sec. 63.7890  What emissions limitations and work practice standards must I 

meet for process vents?

    (a) You must control HAP emissions from each new and existing 
process vent subject to Sec. 63.7885(b)(1) according to emissions 
limitations and work practice standards in this section that apply to 
your affected process vents.

[[Page 217]]

    (b) For your affected process vents, you must meet one of the 
facility-wide emission limit options specified in paragraphs (b)(1) 
through (4) of this section. If you have multiple affected process vent 
streams, you may comply with this paragraph using a combination of 
controlled and uncontrolled process vent streams that achieve the 
facility-wide emission limit that applies to you.
    (1) Reduce from all affected process vents the total emissions of 
the HAP listed in Table 1 of this subpart to a level less than 1.4 
kilograms per hour (kg/hr) and 2.8 Mg/yr (3.0 pounds per hour (lb/hr) 
and 3.1 tpy); or
    (2) Reduce from all affected process vents the emissions of total 
organic compounds (TOC) (minus methane and ethane) to a level below 1.4 
kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 tpy); or
    (3) Reduce from all affected process vents the total emissions of 
the HAP listed in Table 1 of this subpart by 95 percent by weight or 
more; or
    (4) Reduce from all affected process vents the emissions of TOC 
(minus methane and ethane) by 95 percent by weight or more.
    (c) For each closed vent system and control device you use to comply 
with paragraph (b) of this section, you must meet the operating limit 
requirements and work practice standards in Sec. 63.7925(c) through (j) 
that apply to your closed vent system and control device.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]



Sec. 63.7891  How do I demonstrate initial compliance with the emissions 

limitations and work practice standards for process vents?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec. 63.7890(b) applicable 
to your affected process vents by meeting the requirements in paragraphs 
(b) through (d) of this section.
    (b) You have measured or determined using the procedures for 
performance tests and design evaluations in Sec. 63.7941 that emission 
levels from all of your affected process vents meet the facility-wide 
emission limits in Sec. 63.7890(b) that apply to you, as follows in 
paragraphs (b)(1) through (4) of this section.
    (1) If you elect to meet Sec. 63.7890(b)(1), you demonstrate that 
the total emissions of the HAP listed in Table 1 of this subpart from 
all affected process vents at your facility are less than 1.4 kg/hr and 
2.8 Mg/yr (3.0 lb/hr and 3.1 tpy).
    (2) If you elect to meet Sec. 63.7890(b)(2), you demonstrate that 
emissions of TOC (minus methane and ethane) from all affected process 
vents at your facility are less than 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr 
and 3.1 tpy).
    (3) If you elect to meet Sec. 63.7890(b)(3), you demonstrate that 
the total emissions of the HAP listed in Table 1 of this subpart from 
all affected process vents are reduced by 95 percent by weight or more.
    (4) If you elect to meet Sec. 63.7890(b)(4), you demonstrate that 
the emissions of TOC (minus methane and ethane) from all affected 
process vents are reduced by 95 percent by weight or more.
    (c) For each closed vent system and control device you use to comply 
with Sec. 63.7890(b), you have met each requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec. 63.7926.
    (d) You have submitted a notification of compliance status according 
to the requirements in Sec. 63.7950.



Sec. 63.7892  What are my inspection and monitoring requirements for process 

vents?

    For each closed vent system and control device you use to comply 
with Sec. 63.7890(b), you must monitor and inspect the closed vent 
system and control device according to the requirements in Sec. 63.7927 
that apply to you.



Sec. 63.7893  How do I demonstrate continuous compliance with the emissions 

limitations and work practice standards for process vents?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec. 63.7890 applicable to 
your affected process vents by meeting the requirements in paragraphs 
(b) through (d) of this section.

[[Page 218]]

    (b) You must maintain emission levels from all of your affected 
process vents to meet the facilitywide emission limits in Sec. 
63.7890(b) that apply to you, as specified in paragraphs (b)(1) through 
(4) of this section.
    (1) If you elect to meet Sec. 63.7890(b)(1), you maintain the total 
emissions of the HAP listed in Table 1 of this subpart from all affected 
process vents at your facility are less than 1.4 kg/hr and 2.8 Mg/yr 
(3.0 lb/hr and 3.1 tpy).
    (2) If you elect to meet Sec. 63.7890(b)(2), you maintain emissions 
of TOC (minus methane and ethane) from all affected process vents at 
your facility are less than 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 
tpy).
    (3) If you elect to meet Sec. 63.7890(b)(3), you maintain the total 
emissions of the HAP listed in Table 1 of this subpart from all affected 
process vents are reduced by 95 percent by weight or more.
    (4) If you elect to meet Sec. 63.7890(b)(4), you maintain that the 
emissions of TOC (minus methane and ethane) from all affected process 
vents are reduced by 95 percent by weight or more.
    (c) For each closed vent system and control device you use to comply 
with Sec. 63.7890(b), you have met each requirement for demonstrating 
continuous compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec. 63.7928.
    (d) Keeping records to document continuous compliance with the 
requirements of this subpart according to the requirements in Sec. 
63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]

                                  Tanks



Sec. 63.7895  What emissions limitations and work practice standards must I 

meet for tanks?

    (a) You must control HAP emissions from each new and existing tank 
subject to Sec. 63.7886(b)(1)(i) according to emissions limitations and 
work practice standards in this section that apply to your affected 
tanks.
    (b) For each affected tank, you must install and operate air 
pollution controls that meet the requirements in paragraphs (b)(1) 
through (4) of this section that apply to your tank.
    (1) Unless your tank is used for a waste stabilization process, as 
defined in Sec. 63.7957, you must determine the maximum HAP vapor 
pressure (expressed in kilopascals (kPa)) of the remediation material 
placed in your tank using the procedures specified in Sec. 63.7944.
    (2) If the maximum HAP vapor pressure of the remediation material 
you place in your tank is less than 76.6 kPa, then you must determine 
which tank level controls (i.e., Tank Level 1 or Tank Level 2) apply to 
your tank as shown in Table 2 of this subpart, and based on your tank's 
design capacity (expressed in cubic meters (m\3\)) and the maximum HAP 
vapor pressure of the remediation material you place in this tank. If 
your tank is required by Table 2 of this subpart to use Tank Level 1 
controls, then you must meet the requirements in paragraph (c) of this 
section. If your tank is required by Table 2 of this subpart to use Tank 
Level 2 controls, then you must meet the requirements in paragraph (d) 
of this section
    (3) If maximum HAP vapor pressure of the remediation material you 
place in your tank is 76.6 kPa or greater, then the tank must use one of 
the Tank Level 2 controls specified in paragraphs (d)(3) through (5) of 
this section. Use of floating roofs under paragraph (d)(1) or (2) of 
this section is not allowed for tanks managing these remediation 
materials.
    (4) A tank used for a waste stabilization process, as defined in 
Sec. 63.7957, must use one of Tank Level 2 controls, as specified in 
paragraph (d) of this section, that is appropriate for your waste 
stabilization process.
    (c) If you use Tank Level 1 controls, you must install and operate a 
fixed roof according to the requirements in Sec. 63.902. As an 
alternative to using this fixed roof, you may choose to use one of Tank 
Level 2 controls in paragraph (d) of this section.
    (d) If you use Tank Level 2 controls, you must meet the requirements 
of one of the options in paragraphs (d)(1) through (5) of this section.

[[Page 219]]

    (1) Install and operate a fixed roof with an internal floating roof 
according to the requirements in Sec. 63.1063(a)(1)(i), (a)(2), and 
(b); or
    (2) Install and operate an external floating roof according to the 
requirements in Sec. 63.1063(a)(1)(ii), (a)(2), and (b); or
    (3) Install and operate a fixed roof vented through a closed vent 
system to a control device according to the requirements in Sec. 
63.685(g). You must meet the emissions limitations and work practice 
standards in Sec. 63.7925 that apply to your closed vent system and 
control device; or
    (4) Install and operate a pressure tank according to the 
requirements in Sec. 63.685(h); or
    (5) Locate the tank inside a permanent total enclosure and vent 
emissions from the enclosure through a closed vent system to a control 
device that is an enclosed combustion device according to the 
requirements in Sec. 63.685(i). You must meet the emissions limitations 
and work practice standards in Sec. 63.7925 that apply to your closed 
vent system and control device.
    (e) As provided in Sec. 63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your tanks. If you request for permission to use an 
alternative to the work practice standards, you must submit the 
information described in Sec. 63.6(g)(2).



Sec. 63.7896  How do I demonstrate initial compliance with the emissions 

limitations and work practice standards for tanks?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec. 63.7895 that apply to 
your affected tanks by meeting the requirements in paragraphs (b) 
through (h) of this section, as applicable to your containers.
    (b) You have submitted as part of your notification of compliance 
status, specified in Sec. 63.7950, a signed statement that you have met 
the requirements in paragraphs (b)(1) and (2) of this section.
    (1) You have determined the applicable tank control levels specified 
in Sec. 63.7895(b) for the tanks to be used for your site remediation.
    (2) You have determined, according to the procedures in Sec. 
63.7944, and recorded the maximum HAP vapor pressure of the remediation 
material placed in each affected tank subject to Sec. 63.7886(b)(1)(i) 
that does not use Tank Level 2 controls.
    (c) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 1 controls if 
you have submitted as part of your notification of compliance status, 
specified in Sec. 63.7950, a signed statement that you have met the 
requirements in paragraphs (c)(1) through (3) of this section.
    (1) Each tank using Tank Level 1 controls is equipped with a fixed 
roof and closure devices according to the requirements in Sec. 
63.902(b) and (c) and you have records documenting the design.
    (2) You have performed an initial visual inspection of the fixed 
roof and closure devices for defects according to the requirements in 
Sec. 63.906(a) and you have records documenting the inspection results.
    (3) You will operate the fixed roof and closure devices according to 
the requirements in Sec. 63.902.
    (d) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls and 
using a fixed roof with an internal floating roof according to Sec. 
63.7895(d)(1) if you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you have met the requirements in paragraphs (d)(1) through (3) of this 
section.
    (1) Each tank is equipped with an internal floating roof that meets 
the requirements in Sec. 63.1063(a) and you have records documenting 
the design.
    (2) You will operate the internal floating roof according to the 
requirements in Sec. 63.1063(b).
    (3) You have performed an initial visual inspection according to the 
requirements in Sec. 63.1063(d)(1) and you have a record of the 
inspection results.
    (e) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls and

[[Page 220]]

using an external floating roof according to Sec. 63.7895(d)(2) if you 
have submitted as part of your notification of compliance status, 
specified in Sec. 63.7950, a signed statement that you have met the 
requirements in paragraphs (e)(1) through (3) of this section.
    (1) Each tank is equipped with an external floating roof that meets 
the requirements in Sec. 63.1063(a) and you have records documenting 
the design.
    (2) You will operate the external floating roof according to the 
requirements in Sec. 63.1063(b).
    (3) You have performed an initial seal gap measurement inspection 
according to the requirements in Sec. 63.1063(d)(3) and you have 
records of the measurement results.
    (f) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls and 
using a fixed roof vented to a control device according to Sec. 
63.7895(d)(3) if you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you have met the requirements in paragraphs (f)(1) through (4) of this 
section.
    (1) Each tank is equipped with a fixed roof and closure devices 
according to the requirements in Sec. 63.902(b) and (c) and you have 
records documenting the design.
    (2) You have performed an initial visual inspection of fixed roof 
and closure devices for defects according to the requirements in Sec. 
63.695(b)(3) and you have records documenting the inspection results.
    (3) You will operate the fixed roof and closure devices according to 
the requirements in Sec. 63.685(g).
    (4) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec. 63.7926.
    (g) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls and 
operates as a pressure tank according to Sec. 63.7895(d)(4) if you have 
submitted as part of your notification of compliance status, specified 
in Sec. 63.7950, a signed statement that you have met the requirements 
in paragraphs (g)(1) and (2) of this section.
    (1) Each tank is designed to operate as a pressure tank according to 
the requirements in Sec. 63.685(h), and you have records documenting 
the design.
    (2) You will operate the pressure tank and according to the 
requirements in Sec. 63.685(h).
    (h) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls and 
using a permanent total enclosure vented to an enclosed combustion 
device according to Sec. 63.7895(d)(5) if you have submitted as part of 
your notification of compliance status, specified in Sec. 63.7950, a 
signed statement that you have met the requirements in paragraphs (h)(1) 
and (2) of this section.
    (1) You have submitted as part of your notification of compliance 
status a signed statement that you have performed the verification 
procedure according to the requirements in Sec. 63.685(i), and you have 
records of the supporting calculations and measurements.
    (2) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec. 63.7926.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]



Sec. 63.7897  What are my inspection and monitoring requirements for tanks?

    (a) You must visually inspect each of your tanks using Tank Level 1 
controls for defects at least annually according to the requirements in 
Sec. 63.906(a).
    (b) You must inspect and monitor each of your tanks using Tank Level 
2 controls according to the requirements in paragraphs (b)(1) through 
(5), as applicable to your tanks.
    (1) If you use a fixed roof with an internal floating roof according 
to Sec. 63.7895(d)(1), you must visually inspect the fixed roof and 
internal floating roof according to the requirements in Sec. 
63.1063(d)(1) and (2).
    (2) If you use an external floating roof according to Sec. 
63.7895(d)(2), you must visually inspect the external

[[Page 221]]

floating roof according to the requirements in Sec. 63.1063(d)(1) and 
inspect the seals according to the requirements in Sec. 63.1063(d)(2) 
and (3).
    (3) If you use a fixed roof vented to a control device according to 
Sec. 63.7895(d)(3), you must meet requirements in paragraphs (b)(3)(i) 
and (ii) of this section.
    (i) You must visually inspect the fixed roof and closure devices for 
defects according to the requirements in Sec. 63.695(b)(3).
    (ii) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec. 63.7927 that apply to you.
    (4) If you use a pressure tank according to Sec. 63.7895(d)(4), you 
must visually inspect the tank and its closure devices for defects at 
least annually to ensure they are operating according to the design 
requirements in Sec. 63.685(h).
    (5) If you use a permanent total enclosure vented to an enclosed 
combustion device according to Sec. 63.7895(d)(5), you must meet 
requirements in paragraphs (b)(5)(i) and (ii) of this section.
    (i) You must perform the verification procedure for the permanent 
total enclosure at least annually according to the requirements in Sec. 
63.685(i).
    (ii) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec. 63.7927 that apply to you.



Sec. 63.7898  How do I demonstrate continuous compliance with the emissions 

limitations and work practice standards for tanks?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec. 63.7895 applicable to 
your affected tanks by meeting the requirements in paragraphs (b) 
through (d) of this section.
    (b) You must demonstrate continuous compliance with the requirement 
to determine the applicable tank control level specified in Sec. 
63.7895(b) for each affected tank by meeting the requirements in 
paragraphs (b)(1) through (3) of this section.
    (1) Keeping records of the tank design capacity according to the 
requirements in Sec. 63.1065(a).
    (2) For tanks subject to Sec. 63.7886(b)(1)(ii) and not using Tank 
Level 2 controls, meeting the requirements in paragraphs (b)(2)(i) and 
(ii) of this section.
    (i) Keeping records of the maximum HAP vapor pressure determined 
according to the procedures in Sec. 63.7944 for the remediation 
material placed in each affected tank.
    (ii) Performing a new determination of the maximum HAP vapor 
pressure whenever changes to the remediation 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 for the tank design capacity specified in Table 2. You must 
keep records of each determination.
    (3) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (c) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 1 controls by meeting the requirements 
in paragraphs (c)(1) through (5) of this section.
    (1) Operating and maintaining the fixed roof and closure devices 
according to the requirements in Sec. 63.902(c).
    (2) Visually inspecting the fixed roof and closure devices for 
defects at least annually according to the requirements in Sec. 
63.906(a).
    (3) Repairing defects according to the requirements in Sec. 
63.63.906(b).
    (4) Recording the information specified in Sec. 63.907(a)(3) and 
(b).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (d) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using a fixed roof with 
an internal floating roof according to Sec. 63.7895(d)(1) by meeting 
the requirements in paragraphs (d)(1) through (5) of this section.
    (1) Operating and maintaining the internal floating roof according 
to the requirements in Sec. 63.1063(b).
    (2) Visually inspecting the internal floating roof according to the 
requirements in Sec. 63.1063(d)(1) and (2).
    (3) Repairing defects according to the requirements in Sec. 
63.1063(e).

[[Page 222]]

    (4) Recording the information specified in Sec. 63.1065(b) through 
(d).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (e) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using an external 
floating roof according to Sec. 63.7895(d)(2) by meeting the 
requirements in paragraphs (e)(1) through (5) of this section.
    (1) Operating and maintaining the external floating roof according 
to the requirements in Sec. 63.1063(b).
    (2) Visually inspecting the external floating roof according to the 
requirements in Sec. 63.1063(d)(1) and inspecting the seals according 
to the requirements in Sec. 63.1063(d)(2) and (3).
    (3) Repairing defects according to the requirements in Sec. 
63.1063(e).
    (4) Recording the information specified in Sec. 63.1065(b) through 
(d).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (f) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using a fixed roof 
vented to a control device according to Sec. 63.7895(d)(3) by meeting 
the requirements in paragraphs (f)(1) through (6) of this section.
    (1) Operating and maintaining the fixed roof and closure devices 
according to the requirements in Sec. 63.685(g).
    (2) Visually inspecting the fixed roof and closure devices for 
defects at least annually according to the requirements in Sec. 
63.695(b)(3)(i).
    (3) Repairing defects according to the requirements in Sec. 
63.695(b)(4).
    (4) Recording the information specified in Sec. 63.696(e).
    (5) Meeting each applicable requirement for demonstrating continuous 
compliance with the emission limitations and work practice standards for 
a closed vent system and control device in Sec. 63.7928.
    (6) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (g) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and operated as a pressure 
tank according to Sec. 63.7895(d)(4) by meeting the requirements in 
paragraphs (g)(1) through (3) of this section.
    (1) Operating and maintaining the pressure tank and closure devices 
according to the requirements in Sec. 63.685(h).
    (2) Visually inspecting each pressurized tank and closure devices 
for defects at least annually to ensure they are operating according to 
the design requirements in Sec. 63.685(h), and recording the results of 
each inspection.
    (3) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (h) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using a permanent total 
enclosure vented to an enclosed combustion device according to Sec. 
63.7895(d)(5) by meeting the requirements in paragraphs (h)(1) through 
(4) of this section.
    (1) Performing the verification procedure for the enclosure annually 
according to the requirements in Sec. 63.685(i).
    (2) Recording the information specified in Sec. 63.696(f).
    (3) Meeting each applicable requirement for demonstrating continuous 
compliance with the emissions limitations and work practice standards 
for a closed vent system and control device in Sec. 63.7928.
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]

                               Containers



Sec. 63.7900  What emissions limitations and work practice standards must I 

meet for containers?

    (a) You must control HAP emissions from each new and existing 
container subject to Sec. 63.7886(b)(1)(ii) according to emissions 
limitations and work practice standards in this section that apply to 
your affected containers.
    (b) For each container having a design capacity greater than 0.1 
m\3\ you

[[Page 223]]

must meet the requirements in paragraph (b)(1) or (2) of this section 
that apply to your container except at the times the container is used 
for treatment of remediation material by a waste stabilization process, 
as defined in Sec. 63.7957. As an alternative for any container subject 
to this paragraph, you may choose to meet the requirements in paragraph 
(d) of this section.
    (1) If the design capacity of your container is less than or equal 
to 0.46 m\3\, then you must use controls according to the standards for 
Container Level 1 controls as specified in Sec. 63.922. As an 
alternative, you may choose to use controls according to either of the 
standards for Container Level 2 controls as specified in Sec. 63.923.
    (2) If the design capacity of your container is greater than 0.46 
m\3\, then you must use controls according to the standards for 
Container Level 2 controls as specified in Sec. 63.923 except as 
provided for in paragraph (b)(3) of this section.
    (3) As an alternative to meeting the standards in paragraph (b)(2) 
of this section for containers with a capacity greater than 0.46 m\3\, 
if you determine that either of the conditions in paragraphs (b)(3)(i) 
or (ii) apply to the remediation material placed in your container, then 
you may use controls according to the standards for Container Level 1 
controls as specified in Sec. 63.922.
    (i) Vapor pressure of every organic constituent in the remediation 
material placed in your container is less than 0.3 kPa at 20 [deg]C; or
    (ii) Total concentration of the pure organic constituents having a 
vapor pressure greater than 0.3 kPa at 20 [deg]C in the remediation 
material placed in your container is less than 20 percent by weight.
    (c) At times when a container having a design capacity greater than 
0.1 m\3\ is used for treatment of a remediation material by a waste 
stabilization process as defined in Sec. 63.7957, you must control air 
emissions from the container during the process whenever the remediation 
material in the container is exposed to the atmosphere according to the 
standards for Container Level 3 controls as specified in Sec. 63.924. 
You must meet the emissions limitations and work practice standards in 
Sec. 63.7925 that apply to your closed vent system and control device.
    (d) As an alternative to meeting the requirements in paragraph (b) 
of this section, you may choose to use controls on your container 
according to the standards for Container Level 3 controls as specified 
in Sec. 63.924. You must meet the emissions limitations and work 
practice standards in Sec. 63.7925 that apply to your closed vent 
system and control device.
    (e) As provided in Sec. 63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your containers. If you request for permission to use an 
alternative to the work practice standards, you must submit the 
information described in Sec. 63.6(g)(2).



Sec. 63.7901  How do I demonstrate initial compliance with the emissions 

limitations and work practice standards for containers?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec. 63.7990 that apply to 
your affected containers by meeting the requirements in paragraphs (b) 
through (e) of this section, as applicable to your containers.
    (b) You have submitted as part of your notification of compliance 
status, specified in Sec. 63.7950, a signed statement that you have met 
the requirements in paragraphs (b)(1) and (2) of this section.
    (1) You have determined the applicable container control levels 
specified in Sec. 63.7990 for the containers to be used for your site 
remediation.
    (2) You have determined and recorded the maximum vapor pressure or 
total organic concentration for the remediation material placed in 
containers with a design capacity greater than 0.46 m\3\, and do not use 
Container Level 2 or Level 3 controls.
    (c) You must demonstrate initial compliance of each container 
determined under paragraph (b) of this section to require Container 
Level 1 controls if you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(1) and (2) of this 
section.

[[Page 224]]

    (1) Each container using Container Level 1 controls will be one of 
the containers specified in Sec. 63.922(b).
    (2) You will operate each container cover and closure device 
according to the requirements in Sec. 63.922(d).
    (d) You must demonstrate initial compliance of each container 
determined under paragraph (b) of this section to require Container 
Level 2 controls if you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you have met the requirements in paragraphs (d)(1) through (4) of this 
section.
    (1) Each container using Container Level 2 controls will be one of 
the containers specified in Sec. 63.923(b).
    (2) You will transfer remediation materials into and out of each 
container according to the procedures in Sec. 63.923(d).
    (3) You will operate and maintain the container covers and closure 
devices according to the requirements in Sec. 63.923(d).
    (4) You have records that the container meets the applicable U.S. 
Department of Transportation regulations, or you have conducted an 
initial test of each container for no detectable organic emissions using 
the procedures in Sec. 63.925(a), and have records documenting the test 
results, or you have demonstrated within the last 12 months that each 
container is vapor-tight according to the procedures in Sec. 63.925(a) 
and have records documenting the test results.
    (e) You must demonstrate initial compliance of each container 
determined under paragraph (b) of this section to require Container 
Level 3 controls if you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you have met the requirements in paragraphs (e)(1) and (2) of this 
section.
    (1) For each permanent total enclosure you use to comply with Sec. 
63.7900, you have performed the verification procedure according to the 
requirements in Sec. 63.924(c)(1), and prepare records of the 
supporting calculations and measurements.
    (2) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec. 63.7926.



Sec. 63.7902  What are my inspection and monitoring requirements for 

containers?

    (a) You must inspect each container using Container Level 1 or 
Container Level 2 controls according to the requirements in Sec. 
63.926(a).
    (b) If you use Container Level 3 controls, you must meet 
requirements in paragraphs (b)(1) and (2) of this section, as applicable 
to your site remediation.
    (1) You must perform the verification procedure for each permanent 
total enclosure annually according to the requirements in Sec. 
63.924(c)(1).
    (2) You must monitor and inspect each closed vent system and control 
device according to the requirements in Sec. 63.7927 that apply to you.



Sec. 63.7903  How do I demonstrate continuous compliance with the emissions 

limitations and work practice standards for containers?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec. 63.7990 applicable to 
your affected containers by meeting the requirements in paragraphs (b) 
through (e) of this section.
    (b) You must demonstrate continuous compliance with the requirement 
to determine the applicable container control level specified in Sec. 
63.7990(b) for each affected tank by meeting the requirements in 
paragraphs (b)(1) through (3) of this section.
    (1) Keeping records of the quantity and design capacity for each 
type of container used for your site remediation and subject to Sec. 
63.7886(b)(1)(ii).
    (2) For containers subject to Sec. 63.7886(b)(1)(ii) with a design 
capacity greater than 0.46 m\3\ and not using Container Level 2 or 
Container Level 3 controls, meeting the requirements in paragraphs 
(b)(2)(i) and (ii) of this section.
    (i) Keeping records of the maximum vapor pressure or total organic 
concentration for the remediation material placed in the containers, as 
applicable to the conditions in Sec. 63.7900(b)(3)(i) or (ii) for which 
your

[[Page 225]]

containers qualify to use Container Level 1 controls.
    (ii) Performing a new determination whenever changes to the 
remediation material placed in the containers could potentially cause 
the maximum vapor pressure or total organic concentration to increase to 
a level that is equal to or greater than the conditions specified in 
Sec. 63.7900(b)(3)(i) or (ii), as applicable to your containers. You 
must keep records of each determination.
    (3) Keeping records to document compliance with the requirements 
according to the requirements in Sec. 63.7952.
    (c) You must demonstrate continuous compliance for each container 
determined to require Container Level 1 controls by meeting the 
requirements in paragraphs (c)(1) through (5) of this section.
    (1) Operating and maintaining covers for each container according to 
the requirements in Sec. 63.922(d) .
    (2) Inspecting each container annually according to the requirements 
in Sec. 63.926(a)(2).
    (3) Emptying or repairing each container according to the 
requirements in Sec. 63.926(a)(3).
    (4) Keeping records of an inspection that includes the information 
in paragraphs (a)(4)(i) and (ii) of this section.
    (i) Date of each inspection; and
    (ii) If a defect is detected during an inspection, the location of 
the defect, a description of the defect, the date of detection, the 
corrective action taken to repair the defect, and if repair is delayed, 
the reason for any delay and the date completion of the repair is 
expected.
    (5) Keeping records to document compliance with the requirements 
according to the requirements in Sec. 63.7952.
    (d) You must demonstrate continuous compliance for each container 
determined to require Container Level 2 controls by meeting the 
requirements in paragraphs (d)(1) through (6) of this section.
    (1) Transferring remediation material in and out of the container 
according to the requirements in Sec. 63.923(c).
    (2) Operating and maintaining container covers according to the 
requirements in Sec. 63.923(d).
    (3) Inspecting each container annually according to the requirements 
in Sec. 63.926(a)(2).
    (4) Emptying or repairing containers according to the requirements 
in Sec. 63.926(a)(3).
    (5) Keeping records of each inspection that include the information 
in paragraphs (d)(5)(i) and (ii) of this section.
    (i) Date of each inspection; and
    (ii) If a defect is detected during an inspection, the location of 
the defect, a description of the defect, the date of detection, the 
corrective action taken to repair the defect, and if repair is delayed, 
the reason for any delay and the date completion of the repair is 
expected.
    (6) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (e) You must demonstrate continuous compliance for each container 
determined to require Container Level 3 controls by meeting the 
requirements in paragraphs (e)(1) through (4) of this section.
    (1) Performing the verification procedure for the enclosure annually 
according to the requirements in Sec. 63.685(i).
    (2) Recording the information specified in Sec. 63.696(f).
    (3) Meeting each applicable requirement for demonstrating continuous 
compliance with the emissions limitations and work practice standards 
for a closed vent system and control device in Sec. 63.7928.
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.

                          Surface Impoundments



Sec. 63.7905  What emissions limitations or work practice standards must I 

meet for surface impoundments?

    (a) You must control HAP emissions from each new and existing 
surface impoundment subject to Sec. 63.7886(b)(1)(iii) according to 
emissions limitations and work practice standards in this section that 
apply to your affected surface impoundments.

[[Page 226]]

    (b) For each affected surface impoundment, you must install and 
operate air pollution controls that meet either of the options in 
paragraphs (b)(1) or (2) of this section.
    (1) Install and operate a floating membrane cover according to the 
requirements in Sec. 63.942; or
    (2) Install and operate a cover vented through a closed vent system 
to a control device according to the requirements in Sec. 63.943. You 
must meet the emissions limitations and work practice standards in Sec. 
63.7925 that apply to your closed vent system and control device.
    (c) As provided in Sec. 63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your surface impoundments. If you request for permission 
to use an alternative to the work practice standards, you must submit 
the information described in Sec. 63.6(g)(2).



Sec. 63.7906  How do I demonstrate initial compliance with the emissions 

limitations or work practice standards for surface impoundments?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec. 63.7905 that apply to 
your affected surface impoundments by meeting the requirements in 
paragraphs (b) and (c) of this section, as applicable to your surface 
impoundments.
    (b) You must demonstrate initial compliance of each surface 
impoundment using a floating membrane cover according to Sec. 
63.7905(b)(1) if you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you have met the requirements in paragraphs (b)(1) through (3) of this 
section.
    (1) You have installed a floating membrane cover and closure devices 
that meet the requirements in Sec. 63.942(b), and you have records 
documenting the design and installation.
    (2) You will operate the cover and closure devices according to the 
requirements in Sec. 63.942(c).
    (3) You have performed an initial visual inspection of each surface 
impoundment and closure devices according to the requirements in Sec. 
63.946(a), and you have records documenting the inspection results.
    (c) You must demonstrate initial compliance of each surface 
impoundment using a cover vented to a control device according to Sec. 
63.7905(b)(2) if you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(1) through (4) of this 
section.
    (1) You have installed a cover and closure devices that meet the 
requirements in Sec. 63.943(b), and have records documenting the design 
and installation.
    (2) You will operate the cover and closure devices according to the 
requirements in Sec. 63.943(c).
    (3) You have performed an initial visual inspection of each cover 
and closure devices according to the requirements in Sec. 63.946(b), 
and have records documenting the inspection results.
    (4) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec. 63.7926.



Sec. 63.7907  What are my inspection and monitoring requirements for surface 

impoundments?

    (a) If you use a floating membrane cover according to Sec. 
63.7905(b)(1), you must visually inspect the floating membrane cover and 
its closure devices at least annually according to the requirements in 
Sec. 63.946(a).
    (b) If you use a cover vented to a control device according to Sec. 
63.7905(b)(2), you must meet requirements in paragraphs (b)(1) and (2) 
of this section.
    (1) You must visually inspect the cover and its closure devices for 
defects according to the requirements in Sec. 63.946(b).
    (2) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec. 63.7927 that apply to you.



Sec. 63.7908  How do I demonstrate continuous compliance with the emissions 

limitations and work practice standards for surface impoundments?

    (a) You must demonstrate continuous compliance with the emissions

[[Page 227]]

limitations and work practice standards in Sec. 63.7905 applicable to 
your affected surface impoundments by meeting the requirements in 
paragraphs (b) and (c) of this section as applicable to your surface 
impoundments.
    (b) You must demonstrate continuous compliance for each surface 
impoundment using a floating membrane cover according to Sec. 
63.7905(b)(1) by meeting the requirements in paragraphs (b)(1) through 
(5) of this section.
    (1) Operating and maintaining the floating membrane cover and 
closure devices according to the requirements in Sec. 63.942(c).
    (2) Visually inspecting the floating membrane cover and closure 
devices for defects at least annually according to the requirements in 
Sec. 63.946(a).
    (3) Repairing defects according to the requirements in Sec. 
63.946(c).
    (4) Recording the information specified in Sec. 63.947(a)(2) and 
(a)(3).
    (5) Keeping records to document compliance with the requirements 
according to the requirements in Sec. 63.7952.
    (c) You must demonstrate continuous compliance for each surface 
impoundment using a cover vented to a control device according to Sec. 
63.7905(b)(2) by meeting the requirements in paragraphs (c)(1) through 
(6) of this section.
    (1) Operating and maintaining the cover and its closure devices 
according to the requirements in Sec. 63.943(c).
    (2) Visually inspecting the cover and its closure devices for 
defects at least annually according to the requirements in Sec. 
63.946(b).
    (3) Repairing defects according to the requirements in Sec. 
63.946(c).
    (4) Recording the information specified in Sec. 63.947(a)(2) and 
(a)(3).
    (5) Meeting each applicable requirement for demonstrating continuous 
compliance with the emission limitations and work practice standards for 
a closed vent system and control device in Sec. 63.7928.
    (6) Keeping records to document compliance with the requirements 
according to the requirements in Sec. 63.7952.

                               Separators



Sec. 63.7910  What emissions limitations and work practice standards must I 

meet for separators?

    (a) You must control HAP emissions from each new and existing oil-
water separator and organic-water separator subject to Sec. 
63.7886(b)(1)(iv) according to emissions limitations and work practice 
standards in this section that apply to your affected separators.
    (b) For each affected separator, you must install and operate air 
pollution controls that meet one of the options in paragraphs (b)(1) 
through (3) of this section.
    (1) Install and operate a floating roof according to the 
requirements in Sec. 63.1043. For portions of the separator where it is 
infeasible to install and operate a floating roof, such as over a weir 
mechanism, you must comply with the requirements specified in paragraph 
(b)(2) of this section.
    (2) Install and operate a fixed roof vented through a closed vent 
system to a control device according to the requirements in Sec. 
63.1044. You must meet the emissions limitations and work practice 
standards in Sec. 63.7925 that apply to your closed vent system and 
control device.
    (3) Install and operate a pressurized separator according to the 
requirements in Sec. 63.1045.
    (c) As provided in Sec. 63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your separators. If you request for permission to use an 
alternative to the work practice standards, you must submit the 
information described in Sec. 63.6(g)(2).



Sec. 63.7911  How do I demonstrate initial compliance with the emissions 

limitations and work practice standards for separators?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec. 63.7910 that apply to 
your affected separators by meeting the requirements in paragraphs (b) 
through (d) of this section, as applicable to your separators.
    (b) You must demonstrate initial compliance of each separator using 
a floating roof according to Sec. 63.7910(b)(1)

[[Page 228]]

if you have submitted as part of your notification of compliance status, 
specified in Sec. 63.7950, a signed statement that you have met the 
requirements in paragraphs (b)(1) through (4) of this section.
    (1) You have installed a floating roof and closure devices that meet 
the requirements in Sec. 63.1043(b), and you have records documenting 
the design and installation.
    (2) You will operate the floating roof and closure devices according 
to the requirements in Sec. 63.1043(c).
    (3) You have performed an initial seal gap measurement inspection 
using the procedures in Sec. 63.1046(b), and you have records 
documenting the measurement results.
    (4) You have performed an initial visual inspection of the floating 
roof and closure devices for defects according to the requirements in 
Sec. 63.1047(b)(2), and you have records documenting the inspection 
results.
    (5) For any portions of the separator using a fixed roof vented to a 
control device according to Sec. 63.7910(b)(1), you have met the 
requirements in paragraphs (c)(1) through (4) of this section.
    (c) You must demonstrate initial compliance of each separator using 
a fixed roof vented to a control device according to Sec. 63.7910(b)(2) 
if you have submitted as part of your notification of compliance status, 
specified in Sec. 63.7950, a signed statement that you have met the 
requirements in paragraphs (c)(1) through (4) of this section.
    (1) You have installed a fixed roof and closure devices that meet 
the requirements in Sec. 63.1042(b), and you have records documenting 
the design and installation.
    (2) You will operate the fixed roof and its closure devices 
according to the requirements in Sec. 63.1042(c).
    (3) You have performed an initial visual inspection of the fixed 
roof and closure devices for defects according to the requirements in 
Sec. 63.1047(a).
    (4) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec. 63.7926.
    (d) You must demonstrate initial compliance of each pressurized 
separator that operates as a closed system according to Sec. 
63.7910(b)(3) if you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you have met the requirements in paragraphs (d)(1) and (2) of this 
section.
    (1) You have installed a pressurized separator that operates as a 
closed system according to the requirements in Sec. 63.1045(b)(1) and 
(b)(2), and you have records of the design and installation.
    (2) You will operate the pressurized separator as a closed system 
according to the requirements in Sec. 63.1045(b)(3).



Sec. 63.7912  What are my inspection and monitoring requirements for 

separators?

    (a) If you use a floating roof according to Sec. 63.7910(b)(1), you 
must meet requirements in paragraphs (a)(1) and (2) of this section.
    (1) Measure the seal gaps at least annually according to the 
requirements in Sec. 63.1047(b)(1).
    (2) Visually inspect the floating roof at least annually according 
to the requirements in Sec. 63.1047(b)(2).
    (b) If you use a cover vented to a control device according to Sec. 
63.7910(b)(1) or (2), you must meet requirements in paragraphs (b)(1) 
and (2) of this section.
    (1) You must visually inspect the cover and its closure devices for 
defects according to the requirements in Sec. 63.1047(c).
    (2) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec. 63.7927 that apply to you.
    (c) If you use a pressurized separator that operates as a closed 
system according to Sec. 63.7910(b)(3), you must visually inspect each 
pressurized separator and closure devices for defects at least annually 
to ensure they are operating according to the design requirements in 
Sec. 63.1045(b).



Sec. 63.7913  How do I demonstrate continuous compliance with the emissions 

limitations and work practice standards for separators?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec. 63.7910 applicable to 
your affected separators by meeting the requirements in paragraphs (b) 
through

[[Page 229]]

(d) of this section as applicable to your surface impoundments.
    (b) You must demonstrate continuous compliance for each separator 
using a floating roof according to Sec. 63.7910(b)(1) by meeting the 
requirements in paragraphs (b)(1) through (6) of this section.
    (1) Operating and maintaining the floating roof according to the 
requirements in Sec. 63.1043(b).
    (2) Performing seal gap measurement inspections at least annually 
according to the requirements in Sec. 63.1047(b)(1).
    (3) Visually inspecting the floating roof at least annually 
according to the requirements in Sec. 63.1047(b)(2).
    (4) Repairing defects according to the requirements in Sec. 
63.1047(d).
    (5) Recording the information specified in Sec. 63.1048(a) and (b).
    (6) Keeping records to document compliance with the requirements 
according to the requirements in Sec. 63.7952.
    (c) You must demonstrate continuous compliance for each separator 
using a fixed roof vented through a closed vent system to a control 
device according to Sec. 63.7910(b)(2) by meeting the requirements in 
paragraphs (c)(1) through (6) of this section.
    (1) Operating and maintaining the fixed roof and its closure devices 
according to the requirements in Sec. 63.1042.
    (2) Performing visual inspections of the fixed roof and its closure 
devices for defects at least annually according to the requirements in 
Sec. 63.1047(a).
    (3) Repairing defects according to the requirements in Sec. 
63.1047(d).
    (4) Recording the information specified in Sec. 63.1048(a).
    (5) Meeting each applicable requirement for demonstrating continuous 
compliance with the emission limitations and work practice standards for 
a closed vent system and control device in Sec. 63.7928.
    (6) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (d) You must demonstrate continuous compliance for each pressurized 
separator operated as a closed system according to Sec. 63.7910(b)(3) 
by meeting the requirements in paragraphs (d)(1) and (2) of this 
section.
    (1) Operating the pressurized separator at all times according to 
the requirements in Sec. 63.1045.
    (2) Visually inspecting each pressurized tank and closure devices 
for defects at least annually to ensure they are operating according to 
the design requirements in Sec. 63.1045(b), and recording the results 
of each inspection.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]

                            Transfer Systems



Sec. 63.7915  What emissions limitations and work practice standards must I 

meet for transfer systems?

    (a) You must control HAP emissions from each new and existing 
transfer system subject to Sec. 63.7886(b)(1)(v) according to emissions 
limitations and work practice standards in this section that apply to 
your affected transfer systems.
    (b) For each affected transfer system that is an individual drain 
system as defined in Sec. 63.7957, you must install and operate 
controls according to the requirements in Sec. 63.962.
    (c) For each affected transfer system that is not an individual 
drain system as defined in Sec. 63.7957, you must use one of the 
transfer systems specified in paragraphs (c)(1) through (3) of this 
section.
    (1) A transfer system that uses covers according to the requirements 
in Sec. 63.689(d).
    (2) A transfer system that consists of continuous hard piping. All 
joints or seams between the pipe sections must 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 according to the requirements specified 
in paragraphs (c)(3)(i) and (ii) of this section.
    (i) The transfer system is designed and operated such that an 
internal pressure in the vapor headspace in the enclosure is maintained 
at a level less than atmospheric pressure when the control device is 
operating, and
    (ii) The closed vent system and control device are designed and 
operated to meet the emissions limitations and

[[Page 230]]

work practice standards in Sec. 63.7925 that apply to your closed vent 
system and control device.
    (d) As provided in Sec. 63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your transfer systems. If you request for permission to 
use an alternative to the work practice standards, you must submit the 
information described in Sec. 63.6(g)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]



Sec. 63.7916  How do I demonstrate initial compliance with the emissions 

limitations and work practice standards for transfer systems?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec. 63.7915 that apply to 
your affected transfer systems by meeting the requirements in paragraphs 
(b) through (e) of this section, as applicable to your transfer systems.
    (b) You must demonstrate initial compliance of each individual drain 
system using controls according to Sec. 63.7915(b) if you have 
submitted as part of your notification of compliance status, specified 
in Sec. 63.7950, a signed statement that you have met the requirements 
in paragraphs (b)(1) through (3) of this section.
    (1) You have installed air emission controls for each individual 
drain system and junction box according to the requirements in Sec. 
63.962(a) and (b), and you have records documenting the installation and 
design.
    (2) You will operate the air emission controls according to the 
requirements in Sec. 63.962(b)(5).
    (3) You have performed an initial visual inspection of each 
individual drain system according to the requirements in Sec. 
63.964(a), and you have records documenting the inspection results.
    (c) You must demonstrate initial compliance of each transfer system 
using covers according to Sec. 63.7915(c)(1) if you have submitted as 
part of your notification of compliance status, specified in Sec. 
63.7950, a signed statement that you have met the requirements in 
paragraphs (c)(1) through (3) of this section.
    (1) Each transfer system is equipped with covers and closure devices 
according to the requirements in Sec. 63.689(d)(1) through (4), and you 
have records documenting the design and installation.
    (2) You have performed an initial inspection of each cover and its 
closure devices for defects according to the requirements in Sec. 
63.695(d)(1) through (5), and you have records documenting the 
inspection results.
    (3) You will operate each cover and its closure devices according to 
the requirements in Sec. 63.689(5).
    (d) You must demonstrate initial compliance of each transfer system 
that consists of hard piping according to Sec. 63.7915(c)(2) if you 
have submitted as part of your notification of compliance status, 
specified in Sec. 63.7950, a signed statement that you have met the 
requirements in paragraphs (d)(1) and (2) of this section.
    (1) You have installed a transfer system that consists entirely of 
hard piping and meets the requirements in Sec. 63.7915(c)(2), and you 
have records documenting the design and installation.
    (2) You have performed an initial inspection of the entire transfer 
system to verify that all joints or seams between the pipe sections are 
permanently or semi-permanently sealed (e.g., a welded joint between two 
sections of metal pipe or a bolted and gasketed flange), and you have 
records documenting the inspection results.
    (e) You must demonstrate initial compliance of each transfer system 
that is enclosed and vented to a control device according to Sec. 
63.7915(e)(3) if you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you have met the requirements in paragraphs (e)(1) and (2) of this 
section.
    (1) You have installed a transfer system that 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 you have records documenting the 
design and installation.
    (2) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a

[[Page 231]]

closed vent system and control device in Sec. 63.7926.



Sec. 63.7917  What are my inspection and monitoring requirements for transfer 

systems?

    (a) If you operate an individual drain system as a transfer system 
according to Sec. 63.7915(b), you must visually inspect each individual 
drain system at least annually according to the requirements in Sec. 
63.964(a).
    (b) If you operate a transfer system using covers according to Sec. 
63.7915(c)(1), you must inspect each cover and its closure devices for 
defects according to the requirements in Sec. 63.695(d)(1) through (5).
    (c) If you operate a transfer system consisting of hard piping 
according to Sec. 63.7915(c)(2), you must annually inspect the unburied 
portion of pipeline and all joints for leaks and other defects. In the 
event that a defect is detected, you must repair the leak or defect 
according to the requirements of paragraph (e) of this section.
    (d) If you operate a transfer system that is enclosed and vented to 
a control device according to Sec. 63.7915(c)(3), you must meet 
requirements in paragraphs (d)(1) and (2) of this section.
    (1) You must annually inspect all enclosure components (e.g., 
enclosure sections, closure devices, fans) for defects that would 
prevent an internal pressure in the vapor headspace in the enclosure 
from continuously being maintained at a level less than atmospheric 
pressure when the control device is operating. In the event that a 
defect is detected, you must repair the defect according to the 
requirements of paragraph (e) of this section.
    (2) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec. 63.7927 that apply to you.
    (e) If you are subject to paragraph (c) or (d) of this section, you 
must repair all detected defects as specified in paragraphs (e)(1) 
through (3) of this section.
    (1) You must 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 (e)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if you 
determine 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, you must 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.
    (3) You must maintain a record of the defect repair according to the 
requirements specified in Sec. 63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]



Sec. 63.7918  How do I demonstrate continuous compliance with the emissions 

limitations and work practice standards for transfer systems?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec. 63.7915 applicable to 
your affected transfer system by meeting the requirements in paragraphs 
(b) through (e) of this section as applicable to your transfer systems.
    (b) You must demonstrate continuous compliance for each individual 
drain system using controls according to Sec. 63.7915(b) by meeting the 
requirements in paragraphs (b)(1) through (5) of this section.
    (1) Operating and maintaining the air emission controls for 
individual drain systems according to the requirements in Sec. 63.962.
    (2) Visually inspecting each individual drain system at least 
annually according to the requirements in Sec. 63.964(a).
    (3) Repairing defects according to the requirements in Sec. 
63.964(b).
    (4) Recording the information specified in Sec. 63.965(a).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (c) You must demonstrate continuous compliance for each transfer 
system using covers according to Sec. 63.7915(c)(1)

[[Page 232]]

by meeting the requirements in paragraphs (c)(1) through (4) of this 
section.
    (1) Operating and maintaining each cover and its closure devices 
according to the requirements in Sec. 63.689(d)(1) through (5).
    (2) Performing inspections of each cover and its closure devices for 
defects at least annually according to the requirements in Sec. 
63.695(d)(1) through (5).
    (3) Repairing defects according to the requirements in Sec. 
63.695(5)
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (d) You must demonstrate continuous compliance for each transfer 
system that consists of hard piping according to Sec. 63.7915(c)(2) by 
meeting the requirements in paragraphs (d)(1) through (4) of this 
section.
    (1) Operating and maintaining the pipeline to ensure that all joints 
or seams between the pipe sections remain permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (2) Inspecting the pipeline for defects at least annually according 
to the requirements in Sec. 63.7917(c).
    (3) Repairing defects according to the requirements in Sec. 
63.7917(e).
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (e) You must demonstrate continuous compliance for each transfer 
system that is enclosed and vented to a control device according to 
Sec. 63.7915(c)(3) by meeting the requirements in paragraphs (e)(1) 
through (5) of this section.
    (1) Operating and maintaining the enclosure to ensure that the 
internal pressure in the vapor headspace in the enclosure is maintained 
continuously at a level less than atmospheric pressure when the control 
device is operating.
    (2) Inspecting the enclosure and its closure devices for defects at 
least annually according to the requirements in Sec. 63.7918(d).
    (3) Repairing defects according to the requirements in Sec. 
63.7918(e).
    (4) Meeting each applicable requirement for demonstrating continuous 
compliance with the emission limitations and work practice standards for 
a closed vent system and control device in Sec. 63.7928.
    (5) Keeping records to document compliance with the requirements 
according to the requirements in Sec. 63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

                             Equipment Leaks



Sec. 63.7920  What emissions limitations and work practice standards must I 

meet for equipment leaks?

    (a) You must control HAP emissions from each new and existing 
equipment subject to Sec. 63.7887 according to emissions limitations 
and work practice standards in this section that apply to your affected 
equipment.
    (b) For your affected equipment, you must meet the requirements in 
either paragraph (b)(1) or (2) of this section.
    (1) Control equipment leaks according to all applicable requirements 
under 40 CFR part 63, subpart TT--National Emission Standards for 
Equipment Leaks--Control Level 1; or
    (2) Control equipment leaks according to all applicable requirements 
under 40 CFR part 63, subpart UU--National Emission Standards for 
Equipment Leaks--Control Level 2.
    (c) If you use a closed vent system and control device to comply 
with this section, as an alternative to meeting the standards in Sec. 
63.1015 or Sec. 63.1034 for closed vent systems and control devices, 
you may elect to meet the requirements in Sec. Sec. 63.7925 through 
63.7928 that apply to your closed vent system and control device.
    (d) As provided in Sec. 63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your equipment. If you request for permission to use an 
alternative to the work practice standards, you must submit the 
information described in Sec. 63.6(g)(2).

[[Page 233]]



Sec. 63.7921  How do I demonstrate initial compliance with the emissions 

limitations and work practice standards for equipment leaks?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec. 63.7920 that apply to 
your affected equipment by meeting the requirements in paragraphs (b) 
and (c) of this section, as applicable to your affected sources.
    (b) If you control equipment leaks according to the requirements 
under Sec. 63.7920(b)(1), you must demonstrate initial compliance if 
you have met the requirements in paragraphs (b)(1) and (2) of this 
section.
    (1) You include the information required in Sec. 63.1018(a)(1) in 
your notification of compliance status report.
    (2) You have submitted as part of your notification of compliance 
status a signed statement that:
    (i) You will meet the requirements in Sec. Sec. 63.1002 through 
63.1016 that apply to your affected equipment.
    (ii) You have identified the equipment subject to control according 
to the requirements in Sec. 63.1003, including equipment designated as 
unsafe to monitor, and have records supporting the determinations with a 
written plan for monitoring the equipment according to the requirements 
in Sec. 63.1003(c)(4).
    (c) If you control equipment leaks according to the requirements 
under Sec. 63.7920(b)(2), you must demonstrate initial compliance if 
you have met the requirements in paragraphs (c)(1) and (2) of this 
section.
    (1) You have included the information required in Sec. 63.1039(a) 
in your notification of compliance status report.
    (2) You have submitted as part of your notification of compliance 
status a signed statement that:
    (i) You will meet the requirements in Sec. Sec. 63.1021 through 
63.1037 that apply to your affected equipment.
    (ii) You have identified the equipment subject to control according 
to the requirements in Sec. 63.1022, including equipment designated as 
unsafe to monitor, and have records supporting the determinations with a 
written plan for monitoring the equipment according to the requirements 
in Sec. 63.1022(c)(4).



Sec. 63.7922  How do I demonstrate continuous compliance with the work 

practice standards for equipment leaks?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec. 63.7920 applicable to 
your affected equipment by meeting the requirements in paragraphs (b) 
through (d) of this section that apply to you.
    (b) If you control equipment leaks according to the requirements 
under Sec. 63.7920(b)(1), you must demonstrate continuous compliance by 
inspecting, monitoring, repairing, and maintaining records according to 
the requirements in Sec. Sec. 63.1002 through 63.1018 that apply to 
your affected equipment.
    (c) If you control equipment leaks according to the requirements 
under Sec. 63.7920(b)(2), you must demonstrate continuous compliance by 
inspecting, monitoring, repairing, and maintaining records according to 
the requirements in Sec. Sec. 63.1021 through 63.1039 that apply to 
your affected equipment.
    (d) You must keep records to demonstrate compliance with the 
requirements according to the requirements in Sec. 63.7952.

                 Closed Vent Systems and Control Devices



Sec. 63.7925  What emissions limitations and work practice standards must I 

meet for closed vent systems and control devices?

    (a) For each closed-vent system and control device you use to comply 
with requirements in Sec. Sec. 63.7890 through 63.7922, as applicable 
to your affected sources, you must meet the emissions limitations and 
work practice standards in this section.
    (b) Whenever gases or vapors containing HAP are vented through the 
closed-vent system to the control device, the control device must be 
operating except at those times listed in either paragraph (b)(1) or (2) 
of this section.
    (1) The control device may be bypassed for the purpose of performing 
planned routine maintenance of the closed-vent system or control device 
in

[[Page 234]]

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 must not 
exceed 240 hours per each calendar year.
    (2) The control device may be bypassed for the purpose of correcting 
a malfunction of the closed-vent system or control device. You must 
perform the adjustments or repairs necessary to correct the malfunction 
as soon as practicable after the malfunction is detected.
    (c) For each closed vent system, you must meet the work practice 
standards in Sec. 63.693(c).
    (d) For each control device other than a flare or a control device 
used to comply with the facility-wide process vent emission limits in 
Sec. 63.7890(b), you must control HAP emissions to meet either of the 
emissions limits in paragraphs (d)(1) or (2) of this section except as 
provided for in paragraph (f) of this section.
    (1) Reduce emissions of total HAP listed in Table 1 of this subpart 
or TOC (minus methane and ethane) from each control device by 95 percent 
by weight; or
    (2) Limit the concentration of total HAP listed in Table 1 of this 
subpart or TOC (minus methane and ethane) from each combustion control 
device (a thermal incinerator, catalytic incinerator, boiler, or process 
heater) to 20 ppmv or less on a dry basis corrected to 3 percent oxygen.
    (e) If you use a flare for your control device, then you must meet 
the requirements for flares in Sec. 63.11(b).
    (f) If you use a process heater or boiler for your control device, 
then as alternative to meeting the emissions limits in paragraph (d) of 
this section you may choose to comply with one of the work practice 
standards in paragraphs (f)(1) through (3) of this section.
    (1) 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; or
    (2) 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
    (3) Introduce the vent stream to a boiler or process heater for 
which you either have been issued a final permit under 40 CFR part 270 
and complies with the requirements of 40 CFR part 266, subpart H--
Hazardous Waste Burned in Boilers and Industrial Furnaces; or has 
certified compliance with the interim status requirements of 40 CFR part 
266, subpart H.
    (g) For each control device other than a flare, you must meet each 
operating limit in paragraphs (g)(1) through (6) of this section that 
applies to your control device.
    (1) If you use a regenerable carbon adsorption system, you must:
    (i) Maintain the hourly average total regeneration stream mass flow 
during the adsorption bed regeneration cycle greater than or equal to 
the stream mass flow established in the design evaluation or performance 
test.
    (ii) Maintain the hourly average temperature of the adsorption bed 
during regeneration (except during the cooling cycle) greater than or 
equal to the temperature established during the design evaluation or 
performance test.
    (iii) Maintain the hourly average temperature of the adsorption bed 
after regeneration (and within 15 minutes after completing any cooling 
cycle) less than or equal to the temperature established during the 
design evaluation.
    (iv) Maintain the frequency of regeneration greater than or equal to 
the frequency established during the design evaluation.
    (2) If you use a nonregenerable carbon adsorption system, you must 
maintain the hourly average temperature of the adsorption bed less than 
or equal to the temperature established during the design evaluation or 
performance test.
    (3) If you use a condenser, you must maintain the daily average 
condenser exit temperature less than or equal to the temperature 
established during the design evaluation or performance test.
    (4) If you use a thermal incinerator, you must maintain the daily 
average firebox temperature greater than or equal to the temperature 
established in

[[Page 235]]

the design evaluation or during the performance test.
    (5) If you use a catalytic incinerator, you must maintain the daily 
average temperature difference across the catalyst bed greater than or 
equal to the minimum temperature difference established during the 
performance test or design evaluation.
    (6) If you use a boiler or process heater to comply with an emission 
limit in paragraph (d) of this section, you must maintain the daily 
average firebox temperature within the operating level established 
during the design evaluation or performance test.
    (h) If you use a carbon adsorption system as your control, you must 
meet each work practice standard in paragraphs (h)(1) through (3) of 
this section that applies to your control device.
    (1) If you use a regenerable carbon adsorption system, you must:
    (i) Replace the existing adsorbent in each segment of the bed with 
an adsorbent that meets the replacement specifications established 
during the design evaluation before the age of the adsorbent exceeds the 
maximum allowable age established during the design evaluation.
    (ii) Follow the disposal requirements for spent carbon in Sec. 
63.693(d)(4).
    (2) If you use a nonregenerable carbon adsorption system, you must:
    (i) Replace the existing adsorbent in each segment of the bed with 
an adsorbent that meets the replacement specifications established 
during the design evaluation before the age of the adsorbent exceeds the 
maximum allowable age established during the design evaluation.
    (ii) Meet the disposal requirements for spent carbon in Sec. 
63.693(d)(4)(ii).
    (3) If you use a nonregenerative carbon adsorption system, you may 
choose to comply with the requirements in paragraphs (h)(3)(i) and (ii) 
of this section as an alternative to the requirements in paragraph 
(h)(2) of this section. You must:
    (i) Immediately replace the carbon canister or carbon in the control 
device when the monitoring device indicates breakthrough has occurred 
according to the requirements in Sec. 63.693(d)(4)(iii)(A), or replace 
the carbon canister or carbon in the control device at regular intervals 
according to the requirements in Sec. 63.693(d)(4)(iii)(B).
    (ii) Follow the disposal requirements for spent carbon in Sec. 
63.693(d)(4)(ii).
    (i) If you use a catalytic incinerator, you must replace the 
existing catalyst bed with a bed that meets the replacement 
specifications before the age of the bed exceeds the maximum allowable 
age established in the design evaluation or during the performance test.
    (j) As provided in Sec. 63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your closed vent systems and control devices. If you 
request for permission to use an alternative to the work practice 
standards, you must submit the information described in Sec. 
63.6(g)(2).



Sec. 63.7926  How do I demonstrate initial compliance with the emission 

limitations and work practice standards for closed vent systems and control 

devices?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in this subpart applicable to 
your closed vent system and control device by meeting the requirements 
in paragraphs (b) through (h) of this section that apply to your closed 
vent system and control device.
    (b) You must demonstrate initial compliance with the closed vent 
system work practice standards in Sec. 63.7925(c) if you have submitted 
as part of your notification of compliance status, specified in Sec. 
63.7950, a signed statement that you have met the requirements in 
paragraphs (b)(1) and (2) of this section.
    (1) You have installed a closed vent system that meets the 
requirements in Sec. 63.695(c)(1) and (2), and you have records 
documenting the equipment design and installation.
    (2) You have performed the initial inspection of the closed vent 
system according to the requirements in Sec. 63.695(c)(1)(i) or (ii), 
and you have records documenting the inspection results.
    (c) You must demonstrate initial compliance of each control device 
subject to the emissions limits in Sec. 63.7925(d) with the applicable 
emissions limit in Sec. 63.7925(d) if you have

[[Page 236]]

submitted as part of your notification of compliance status, specified 
in Sec. 63.7950, a signed statement that you have met the requirements 
in paragraphs (c)(1) and (2) of this section that apply to you.
    (1) For the emissions limit in Sec. 63.7925(d)(1), the emissions of 
total HAP listed in Table 1 of this subpart or TOC (minus methane and 
ethane) from the control device, measured or determined according to the 
procedures for performance tests and design evaluations in Sec. 
63.7941, are reduced by at least 95 percent by weight.
    (2) For the emissions limit in Sec. 63.7925(d)(2), the 
concentration of total HAP listed in Table 1 of this subpart or TOC 
(minus methane and ethane) from the combustion control device, measured 
by a performance test or determined by a design evaluation according to 
the procedures in Sec. 63.7941, do not exceed 20 ppmv on a dry basis 
corrected to 3 percent oxygen.
    (d) You must demonstrate initial compliance of each control device 
subject to operating limits in Sec. 63.7925(g) with the applicable 
limits if you have submitted as part of your notification of compliance 
status, specified in Sec. 63.7950, a signed statement that you have met 
the requirements in paragraphs (d)(1) and (2) of this section.
    (1) You have established an appropriate operating limit(s) for each 
of the operating parameter applicable to your control device as 
specified in Sec. 63.7925(g)(1) through (6).
    (2) You have a record of the applicable operating parameter data 
during the performance test or design evaluation during which the 
emissions met the applicable limit.
    (e) You must demonstrate initial compliance with the spent carbon 
replacement and disposal work practice standards for carbon adsorption 
systems in Sec. 63.7925(h) if you have submitted as part of your 
notification of compliance status, specified in Sec. 63.7950, a signed 
statement that you will comply with each work practice standard that 
applies to your carbon adsorption system.
    (f) You must demonstrate initial compliance with the catalyst 
replacement work practice standards for catalytic incinerators in Sec. 
63.7925(i) if you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you will comply with the specified work practice standard.
    (g) You must demonstrate initial compliance of each flare with the 
work practice standards in Sec. 63.7925(e) if you have submitted as 
part of your notification of compliance status, specified in Sec. 
63.7950, a signed statement that you have met the requirements in 
paragraphs (g)(1) through (3) of this section.
    (1) Each flare meets the requirements in Sec. 63.11(b).
    (2) You have performed a visible emissions test, determined the net 
heating value of gas being combusted, and determined the flare exit 
velocity as required in Sec. 63.693(h)(2).
    (3) You will operate each flare according to the requirements in 
Sec. 63.11(b).
    (h) You must demonstrate initial compliance of each boiler or 
process heater with the work practice standards in Sec. 63.7925(f) if 
you have submitted as part of your notification of compliance status, 
specified in Sec. 63.7950, a signed statement that you have met the 
requirements in paragraphs (h)(1) through (3) of this section.
    (1) For the work practice standards in Sec. 63.7925(f)(1), you have 
records documenting that the boiler or process heater is designed to 
operate at a residence time of 0.5 seconds or greater and maintain the 
combustion zone temperature at 760 [deg]C or greater.
    (2) For the work practice standard in Sec. 63.7925(f)(2), you have 
records documenting that the vent stream is introduced with the fuel 
according to the requirements in Sec. 63.693(g)(1)(iv), or that the 
vent stream is introduced to a boiler or process heater that meets the 
requirements in Sec. 63.693(g)(1)(v).
    (3) For the work practice standard in Sec. 63.7925(f)(3), you have 
records documenting you either have been issued a final permit under 40 
CFR part 270 and your boiler or process heater complies with the 
requirements of 40 CFR part 266, subpart H--Hazardous Waste Burned in 
Boilers and Industrial Furnaces; or has been certified in compliance 
with the interim status requirements of 40 CFR part 266, subpart H.

[[Page 237]]



Sec. 63.7927  What are my inspection and monitoring requirements for closed 

vent systems and control devices?

    (a) You must comply with the requirements in paragraphs (a)(1) and 
(2) of this section for each closed vent system.
    (1) You must monitor and inspect each closed vent system according 
to the requirements in either paragraph (a)(1)(i) or (ii) of this 
section.
    (i) You must monitor, inspect, and repair defects according to the 
requirements in Sec. 63.695(c)(1)(ii) through (c)(3); or
    (ii) You must monitor and inspect the closed vent system according 
to the requirements in Sec. 63.172(f) through (j) and record the 
information in Sec. 63.181.
    (2) If your closed vent system includes a bypass device, you must 
meet the requirements in either paragraph (a)(2)(i) or (ii) of this 
section.
    (i) Use a flow indicator to determine if the presence of flow 
according to the requirements in Sec. 63.693(c)(2)(i); or
    (ii) Use a seal or locking device and make monthly inspections as 
required by Sec. 63.693(c)(2)(ii).
    (b) If you use a regenerable carbon adsorption system, you must meet 
the requirements in paragraphs (b)(1) through (3) of this section.
    (1) Use a continuous parameter monitoring system (CPMS) to measure 
and record the hourly average total regeneration stream mass flow during 
each carbon adsorption cycle.
    (2) Use a CPMS to measure and record the hourly average temperature 
of the adsorption bed during regeneration (except during the cooling 
cycle).
    (3) Use a CPMS to measure and record the hourly average temperature 
of the adsorption bed after regeneration (and within 15 minutes after 
completing any cooling cycle).
    (c) If you use a nonregenerable carbon adsorption system, you must 
use a CPMS to measure and record the hourly average temperature of the 
adsorption bed or you must monitor the concentration of organic 
compounds in the exhaust vent stream according to the requirements in 
Sec. 63.693(d)(4)(iii)(A).
    (d) If you use a condenser, you must use a CPMS to measure and 
record the hourly average condenser exit temperature and determine and 
record the daily average condenser exit temperature.
    (e) If you use a thermal incinerator, you must use a CPMS to measure 
and record the hourly average firebox temperature and determine and 
record the daily average firebox temperature.
    (f) If you use a catalytic incinerator, you must use a CPMS with two 
temperature sensors to measure and record the hourly average temperature 
at the inlet of the catalyst bed, the hourly average temperature at the 
outlet of the catalyst bed, the hourly average temperature difference 
across the catalyst bed, and to determine and record the daily average 
temperature difference across the catalyst bed.
    (g) If you use a boiler or process heater to meet an emission 
limitation, you must use a CPMS to measure and record the hourly average 
firebox temperature and determine and record the daily average firebox 
temperature.
    (h) If you use a flare, you must monitor the operation of the flare 
using a heat sensing monitoring device according to the requirements in 
Sec. 63.693(h)(3).
    (i) If you introduce the vent stream into the flame zone of a boiler 
or process heater according to the requirements in Sec. 63.7925(f)(1), 
you must use a CPMS to measure and record the combustion zone 
temperature.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]



Sec. 63.7928  How do I demonstrate continuous compliance with the emissions 

limitations and work practice standards for closed vent systems and control 

devices?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in this subpart applicable to 
your closed vent system and control device by meeting the requirements 
in paragraphs (b) through (j) of this section as applicable to your 
closed vent system and control device.
    (b) You must demonstrate continuous compliance with the closed vent 
system work practice standards in Sec. 63.7925(c) by meeting the 
requirements in paragraphs (b)(1) through (7) of this section.

[[Page 238]]

    (1) For a closed vent system designed to operate with no detectable 
organic emissions, visually inspecting the closed vent system at least 
annually, monitoring after a repair or replacement using the procedures 
in Sec. 63.694(k), and monitoring at least annually according to the 
requirements in Sec. 63.695(c)(1)(ii).
    (2) For a closed vent system designed to operate below atmospheric 
pressure, visually inspecting the closed vent system at least annually 
according to the requirements in Sec. 63.695(c)(2)(ii).
    (3) Repairing defects according to the requirements in Sec. 
63.695(c)(3).
    (4) Keeping records of each inspection that include the information 
in paragraphs (b)(4)(i) through (iii) of this section:
    (i) A closed vent system identification number (or other unique 
identification description you select).
    (ii) Date of each inspection.
    (iii) If a defect is detected during an inspection, the location of 
the defect, a description of the defect, the date of detection, the 
corrective action taken to repair the defect, and if repair is delayed, 
the reason for any delay and the date completion of the repair is 
expected.
    (5) If you elect to monitor the closed vent system according to the 
requirements in Sec. 63.172(f) through (j), recording the information 
in Sec. 63.181.
    (6) If the closed vent system is equipped with a flow indicator, 
recording the information in Sec. 63.693(c)(2)(i).
    (7) If the closed vent system is equipped with a seal or locking 
device, visually inspecting the seal or closure mechanism at least 
monthly according to the requirements in Sec. 63.693(c)(2)(ii), and 
recording the results of each inspection.
    (c) You must demonstrate continuous compliance of each control 
device subject to the emissions limits in Sec. 63.7925(d) with the 
applicable emissions limit in Sec. 63.7925(d) by meeting the 
requirements in paragraph (c)(1) or (2) of this section.
    (1) For the emission limit in Sec. 63.7925(d)(1), maintaining the 
reduction in emissions of total HAP listed in Table 1 of this subpart or 
TOC (minus methane and ethane) from the control device at 95 percent by 
weight or greater.
    (2) For the emission limit in Sec. 63.7925(d)(2), maintaining the 
concentration of total HAP listed in Table 1 of this subpart or TOC 
(minus methane and ethane) from the control device at 20 ppmv or less.
    (d) You must demonstrate continuous compliance of each control 
device subject to operating limits in Sec. 63.7925(g) with the 
applicable limits by meeting the requirements in paragraphs (d)(1) 
through (4) of this section.
    (1) Maintaining each operating limit according to the requirements 
in Sec. 63.7925(g) as applicable to the control device.
    (2) Monitoring and inspecting each control device according to the 
requirements in Sec. 63.7927(b) through (i) as applicable to the 
control device.
    (3) Operating and maintaining each continuous monitoring system 
according to the requirements in Sec. 63.7945, and collecting and 
reducing data according to the requirements in Sec. 63.7946.
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec. 63.7952.
    (e) You must demonstrate continuous compliance with the spent carbon 
replacement and disposal work practice standards for regenerable carbon 
adsorption systems in Sec. 63.7925(h)(1) by meeting the requirements in 
paragraphs (e)(1) through (3) of this section.
    (1) Replacing the adsorbent as required by Sec. 63.7925(h)(1)(i).
    (2) Following the disposal requirements for spent carbon in Sec. 
63.693(d)(4)(ii).
    (3) Keeping records to document compliance with the requirements of 
the work practice standards.
    (f) You must demonstrate continuous compliance with the spent carbon 
replacement and disposal work practice standards for nonregenerable 
carbon adsorption systems in Sec. 63.7925(h)(2) by meeting the 
requirements in paragraphs (f)(1) through (3) of this section.
    (1) Replacing the adsorbent as required by the work practice 
standard in Sec. 63.7925(h)(2)(i).
    (2) Following the disposal requirements for spent carbon in Sec. 
63.693(d)(4)(ii).

[[Page 239]]

    (3) Keeping records to document compliance with the requirements of 
the work practice standards.
    (g) You must demonstrate continuous compliance with the spent carbon 
replacement and disposal work practice standards for nonregenerable 
carbon adsorption systems in Sec. 63.7925(h)(3) by meeting the 
requirements in paragraphs (g)(1) through (3) of this section.
    (1) Monitoring the concentration level of the organic compounds in 
the exhaust vent for the carbon adsorption system as required in Sec. 
63.7927(c), immediately replacing the carbon canister or carbon in the 
control device when breakthrough is indicated by the monitoring device, 
and recording the date of breakthrough and carbon replacement. Or, you 
must replace the carbon canister or carbon in the control device at 
regular intervals and record the date of carbon replacement.
    (2) Following the disposal requirements for spent carbon in Sec. 
63.693(d)(4)(ii).
    (3) Keeping records to document compliance with the requirements of 
the work practice standards.
    (h) You must demonstrate continuous compliance with the catalyst 
replacement work practice standards for catalytic incinerators in Sec. 
63.7925(i) by meeting the requirements in paragraphs (h)(1) and (2) of 
this section.
    (1) Replacing the existing catalyst bed as required in Sec. 
63.7925(i).
    (2) Keeping records to document compliance with the requirements of 
the work practice standards.
    (i) You must demonstrate continuous compliance of each flare with 
the work practice standards in Sec. 63.7925(e) by meeting the 
requirements in paragraphs (i)(1) through (5) of this section.
    (1) Operating the flare with no visible emissions except for up to 5 
minutes in any 2 consecutive hours according to the requirements in 
Sec. 63.11(b)(4).
    (2) Monitoring the presence of a pilot flare according to the 
requirements in Sec. 63.7927(h) and maintaining a pilot flame and flare 
flame at all times that emissions are not vented to the flare according 
to the requirements in Sec. 63.11(b)(5).
    (3) Operating the flare with an exit velocity according to the 
requirements in Sec. 63.11(b)(6) through (8).
    (4) Operating the flare with a net heating value of the gas being 
combusted according to the requirements in Sec. 63.11(b)(6)(ii).
    (5) Keeping records to document compliance with the requirements of 
the work practice standards.
    (j) You must demonstrate continuous compliance of each boiler or 
process heater with the work practice standards in Sec. 63.7925(f) by 
meeting the requirements in paragraphs (j)(1) through (3) of this 
section.
    (1) For the work practice standards in Sec. 63.7925(f)(1), you must 
demonstrate continuous compliance by meeting the requirements in 
paragraphs (j)(1)(i) through (iv).
    (i) Maintaining conditions in the combustion chamber at a residence 
time of 0.5 seconds or longer and at a combustion zone temperature at 
760 [deg]C or greater whenever the vent stream is introduced to the 
flame zone of the boiler or process heater.
    (ii) Monitoring each boiler or process heater according to the 
requirements in Sec. 63.7927(i).
    (iii) Operating and maintaining each continuous monitoring system 
according to the requirements in Sec. 63.7945, and collecting and 
reducing data according to the requirements in Sec. 63.7946.
    (iv) Keeping records to document compliance with residence time 
design requirement.
    (2) For the work practice standards in Sec. 63.7925(f)(2), you 
maintain the boiler or process heater operations such that the vent 
stream is introduced with the fuel according to the requirements in 
Sec. 63.693(g)(1)(iv), or that the vent stream is introduced to a 
boiler or process heater that meets the requirements in Sec. 
63.693(g)(1)(v).
    (3) For the work practice standard in Sec. 63.7925(f)(3), you 
remain in compliance with all terms and conditions of the final permit 
under 40 CFR part 270 and your boiler or process heater complies with 
the requirements of 40 CFR part 266, subpart H--Hazardous Waste Burned 
in Boilers and Industrial Furnaces; or in compliance with the interim 
status requirements of 40 CFR part 266, subpart H, as applicable to your 
boiler or process heater.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

[[Page 240]]

                     General Compliance Requirements



Sec. 63.7935  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emissions limitations 
(including operating limits) and the work practice standards in this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (c) You must develop a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
    (d) [Reserved]
    (e) You must report each instance in which you did not meet each 
emissions limitation and each operating limit that applies to you. This 
includes periods of startup, shutdown, and malfunction. You must also 
report each instance in which you did not meet the requirements for work 
practice standards that apply to you. These instances are deviations 
from the emissions limitations and work practice standards in this 
subpart. These deviations must be reported according to the requirements 
in Sec. 63.7951.
    (f) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with Sec. 63.6(e)(1). We will 
determine whether deviations that occur during a period of startup, 
shutdown, or malfunction are violations, according to the provisions in 
Sec. 63.6(e).
    (g) For each monitoring system required in this section, you must 
develop and make available for inspection by the permitting authority, 
upon request, a site-specific monitoring plan that addresses the 
following:
    (1) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device).
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system.
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (h) In your site-specific monitoring plan, you must also address the 
following:
    (1) Ongoing operation and maintenance procedures according to the 
general requirements of Sec. 63.8(c)(1), (3), (4)(ii), (7), and (8).
    (2) Ongoing data quality assurance procedures according to the 
general requirements of Sec. 63.8(d).
    (3) Ongoing recordkeeping and reporting procedures according to the 
general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (i) You must operate and maintain the continuous monitoring system 
according to the site-specific monitoring plan.
    (j) You must conduct a performance evaluation of each continuous 
monitoring according to your site-specific monitoring plan.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 20468, Apr. 20, 2006; 71 
FR 69018, Nov. 29, 2006]



Sec. 63.7936  What requirements must I meet if I transfer remediation material 

off-site to another facility?

    (a) If you transfer to another facility a remediation material 
generated by your remediation activities and having an average total 
VOHAP concentration equal to or greater than 10 ppmw (as determined 
using the procedures specified in Sec. 63.7943), then you must transfer 
the remediation material to a facility that meets the requirements in 
paragraph (b) of this section. You must record the name, street address, 
and telephone number of the facility where you send this remediation 
material.
    (b) You may elect to transfer the remediation material to one of the 
following facilities:
    (1) A facility where your remediation material will be directly 
disposed in a landfill or other land disposal unit according to all 
applicable Federal and State requirements.

[[Page 241]]

    (2) A facility subject to 40 CFR part 63, subpart DD where the 
exemption under Sec. 63.680(b)(2)(iii) is waived and air emissions from 
the management of your remediation material at the facility are 
controlled according to all applicable requirements in the subpart for 
an off-site material. Prior to sending your remediation material, you 
must obtain a written statement from the owner or operator of the 
facility to which you send your remediation material acknowledging that 
the exemption under Sec. 63.680(b)(2)(iii) will be waived for all 
remediation material received at the facility from you and your material 
will be managed as an off-site material at the facility according to all 
applicable requirements. This statement must be signed by the 
responsible official of the receiving facility, provide the name and 
address of the receiving facility, and a copy sent to the appropriate 
EPA Regional Office at the addresses listed in 40 CFR 63.13.
    (3) A facility where your remediation material will be managed 
according to all applicable requirements under this Subpart.
    (i) You must prepare and include a notice with each shipment or 
transport of remediation material from your site. This notice must state 
that the remediation material contains organic HAP that are to be 
treated according to the provisions of this subpart. When the transport 
is continuous or ongoing (for example, discharge to a publicly owned 
treatment works), the notice must be submitted to the receiving facility 
owner or operator initially and whenever there is a change in the 
required treatment.
    (ii) You may not transfer the remediation material unless the owner 
or operator of the facility receiving your remediation material has 
submitted to the EPA a written certification that he or she will manage 
remediation material received from you according to the requirements of 
Sec. Sec. 63.7885 through 63.7957. The receiving facility owner or 
operator may revoke the written certification by sending a written 
statement to the EPA and to you providing at least 90 days notice that 
they rescind acceptance of responsibility for compliance with the 
regulatory provisions listed in this section. Upon expiration of the 
notice period, you may not transfer your remediation material to the 
facility.
    (iii) By providing the written certification to the EPA, the 
receiving facility owner or operator accepts responsibility for 
compliance with the regulatory provisions listed in paragraph (b)(3) of 
this section with respect to any shipment of remediation material 
covered by the written certification. Failure to abide by any of those 
provisions with respect to such shipments may result in enforcement 
action by the EPA against the certifying entity according to the 
enforcement provisions applicable to violations of these provisions by 
owners or operators of sources.
    (iv) Written certifications and revocation statements to the EPA 
from the receiving facility owner or operator must be signed by the 
responsible official of the receiving facility, provide the name and 
address of the receiving facility, and a copy sent to the appropriate 
EPA Regional Office at the addresses listed in 40 CFR 63.13. Such 
written certifications are not transferable.
    (c) Acceptance by a facility owner or operator of remediation 
material from a site remediation subject to this Subpart does not, by 
itself, require the facility owner or operator to obtain a title V 
permit under 40 CFR 70.3 or 40 CFR 71.3.



Sec. 63.7937  How do I demonstrate initial compliance with the general 

standards?

    (a) You must demonstrate initial compliance with the general 
standards in Sec. Sec. 63.7884 through 63.7887 that apply to your 
affected sources by meeting the requirements in paragraphs (b) through 
(d) of this section, as applicable to you.
    (b) You must demonstrate initial compliance with the general 
standards in Sec. 63.7885 that apply to your affected process vents by 
meeting the requirements in paragraphs (b)(1) through (4) of this 
section, as applicable to your process vents.
    (1) If HAP emissions are controlled from the affected process vents 
according to the emission limitations and work practice standards 
specified in

[[Page 242]]

Sec. 63.7885(b)(1), you have met the initial compliance requirements in 
Sec. 63.7891.
    (2) If the remediation material treated or managed by the process 
vented through the affected process vents has an average total VOHAP 
less than 10 ppmw according to Sec. 63.7885(b)(2), you have submitted 
as part of your notification of compliance status, specified in Sec. 
63.7950, a signed statement that you have determined, according to the 
procedures Sec. 63.7943, and recorded the average VOHAP concentration 
of the remediation material placed in the affected remediation material 
management unit.
    (3) If HAP emissions are controlled from the affected process vents 
to meet standards in another subpart under 40 CFR part 61 or 40 CFR part 
63 according to Sec. 63.7885(b)(3), you have submitted as part of your 
notification of compliance status, specified in Sec. 63.7950, a signed 
statement that you have met the requirements in paragraphs (b)(3)(i) and 
(ii) of this section.
    (i) You include in your statement the citations for the specific 
emission limitations and work practice standards that apply to the 
process vents under the subpart in 40 CFR part 61 or 40 CFR part 63 that 
the vents are also subject.
    (ii) You are complying with all applicable emissions limitations and 
work practice standards specified by the applicable subpart.
    (4) For each process vent exempted according to Sec. 63.7885(c), 
you have submitted as part of your notification of compliance status, 
specified in Sec. 63.7950, a signed statement that you have met the 
requirements in paragraphs (b)(4)(i) and (ii) of this section.
    (i) You identify in your statement each process vent that qualifies 
for an exemption and the exemption conditions in Sec. 63.7885(c)(1)(i) 
or (ii) that apply to each exempted process vent.
    (ii) You have performed the measurements and prepared the 
documentation required in Sec. 63.7885(c)(2) that demonstrates that 
each exempted process vent stream meets the applicable exemption 
conditions in Sec. 63.7885(c)(1).
    (c) You must demonstrate initial compliance with the general 
standards in Sec. 63.7886 that apply to your affected remediation 
material management units by meeting the requirements in paragraphs 
(c)(1) through (6) of this section, as applicable to your remediation 
material management units.
    (1) If the remediation material management unit uses air pollution 
controls according to the standards specified in Sec. 63.7886(b)(1), 
you have met the initial compliance requirements applicable to the 
remediation material management unit in Sec. Sec. 63.7896, 63.7901, 
63.7906, 63.7911, or 63.7816.
    (2) If the remediation material managed in the affected remediation 
material management unit has an average total VOHAP concentration less 
than 500 ppmw according to Sec. 63.7886(b)(2), you have submitted as 
part of your notification of compliance status, specified in Sec. 
63.7950, a signed statement that you have determined, according to the 
procedures in Sec. 63.7943, and recorded the average VOHAP 
concentration of the remediation material placed in the affected 
remediation material management unit.
    (3) If HAP emissions are controlled from the affected remediation 
material management units to meet standards in another subpart under 40 
CFR part 61 or 40 CFR part 63 according to Sec. 63.7886(b)(3), you have 
submitted as part of your notification of compliance status, specified 
in Sec. 63.7950, a signed statement that you have met the requirements 
in paragraphs (c)(3)(i) and (ii) of this section.
    (i) You include in your statement the citations for the specific 
emission limitations and work practice standards that apply to the 
remediation material management units under the subpart in 40 CFR part 
61 or 40 CFR part 63 that the units are also subject.
    (ii) You are complying with all applicable emissions limitations and 
work practice standards specified by the applicable subpart.
    (4) If HAP emissions are controlled from the affected remediation 
material management unit that is an open tank or surface impoundment 
used for a biological treatment process according to Sec. 
63.7886(b)(4), you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(4)(i) and (ii) of this 
section.

[[Page 243]]

    (i) You have performed the measurements and prepared the 
documentation required in Sec. 63.7886(b)(4)(i) that demonstrates that 
each unit meets the applicable performance levels.
    (ii) You will monitor the biological treatment process conducted in 
each unit according to the requirements in Sec. 63.684(e)(4).
    (5) For each remediation material management unit used for cleanup 
of radioactive mixed waste and exempted according to Sec. 63.7886(c), 
you have submitted as part of your notification of compliance status, 
specified in Sec. 63.7950, a signed statement that you have met the 
requirements in paragraphs (c)(5)(i) and (ii) of this section.
    (i) You include in your statement the citations for the specific 
requirements that apply to the remediation material management units 
under regulations, directives, and other requirements under the Atomic 
Energy Act, the Nuclear Waste Policy Act, or the Waste Isolation Pilot 
Plant Land Withdrawal Act.
    (ii) You are complying with all requirements that apply to the 
remediation material management units under the applicable regulations 
or directives.
    (6) For each remediation material management unit exempted according 
to Sec. 63.7886(d), you have submitted as part of your notification of 
compliance status, specified in Sec. 63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(6)(i) and (ii) of this 
section.
    (i) You have designated according to the requirements in Sec. 
63.7886(d)(1) each of the remediation material management units you are 
selecting to be exempted.
    (ii) You have performed an initial determination and prepared the 
documentation required in Sec. 63.7886(d)(2) that demonstrates that the 
total annual HAP quantity (based on the HAP listed in Table 1 of this 
subpart) in the remediation material placed in all of the designated 
exempted remediation material management units will be less than 1 Mg/
yr.
    (d) You must demonstrate initial compliance with the general 
standards in Sec. 63.7887 that apply to your affected equipment leak 
sources by meeting the requirements in Sec. 63.7921.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]



Sec. 63.7938  How do I demonstrate continuous compliance with the general 

standards?

    (a) You must demonstrate continuous compliance with the general 
standards in Sec. Sec. 63.7884 through 63.7887 that apply to your 
affected sources by meeting the requirements in paragraphs (b) through 
(d) of this section, as applicable to you.
    (b) You have demonstrated continuous compliance with the general 
standards in Sec. 63.7885 that apply to your affected process vents by 
meeting the requirements in paragraphs (b)(1) through (4) of this 
section, as applicable to your process vents.
    (1) If HAP emissions are controlled from the affected process vents 
according to the emission limitations and work practice standards 
specified in Sec. 63.7885(b)(1), you must demonstrate continuous 
compliance by meeting the requirements in Sec. 63.7893.
    (2) If the remediation material treated or managed by the process 
vented through the affected process vents has an average total VOHAP 
less than 10 ppmw according to Sec. 63.7885(c)(1), you must demonstrate 
continuous compliance by performing a new determination and preparing 
new documentation as required in Sec. 63.7885(c)(2) to show that the 
total VOHAP concentration of the remediation material remains less than 
10 ppmw.
    (3) If HAP emissions are controlled from the affected process vents 
to meet standards in another subpart under 40 CFR part 61 or 40 CFR part 
63 according to Sec. 63.7885(b)(3), you must demonstrate continuous 
compliance by complying with all applicable emissions limitations and 
work practice standards specified by the applicable subpart.
    (4) For each process vent exempted according to Sec. 63.7885(c), 
you must demonstrate continuous compliance by performing new 
measurements and preparing new documentation as required in Sec. 
63.7885(c)(2) that demonstrates that each exempted process vent stream

[[Page 244]]

meets the applicable exemption conditions in Sec. 63.7885(c)(1).
    (c) You must demonstrate continuous compliance with the general 
standards in Sec. 63.7886 that apply to your affected remediation 
material management units by meeting the requirements in paragraphs 
(c)(1) through (6) of this section, as applicable to your remediation 
material management units.
    (1) If the remediation material management unit uses air pollution 
controls according to the standards specified in Sec. 63.7886(b)(1), 
you must demonstrate continuous compliance by meeting the requirements 
applicable to the remediation material management unit in Sec. Sec. 
63.7898, 63.7903, 63.7908, 63.7913, or 63.7818.
    (2) If the remediation material managed in the affected remediation 
material managements has an average total VOHAP concentration less than 
500 ppmw according to Sec. 63.7886(b)(2), you must demonstrate 
continuous compliance by performing a new determination and preparing 
new documentation as required in Sec. 63.7886(c)(2) to show that the 
total VOHAP concentration of the remediation material remains less than 
500 ppmw.
    (3) If HAP emissions are controlled from the affected remediation 
material management units to meet standards in another subpart under 40 
CFR part 61 or 40 CFR part 63 according to Sec. 63.7886(b)(3), you must 
demonstrate continuous compliance by meeting all applicable emissions 
limitations and work practice standards specified by the applicable 
subpart.
    (4) If HAP emissions are controlled from the affected remediation 
material management unit that is an open tank or surface impoundment 
used for a biological treatment process according to Sec. 
63.7886(b)(4), you must demonstrate continuous compliance by meeting the 
requirements in paragraphs (c)(4)(i) and (ii) of this section.
    (i) Performing new measurements and preparing new documentation as 
required in Sec. 63.7886(4)(i) that demonstrates that each unit meets 
the applicable performance levels.
    (ii) Monitoring the biological treatment process conducted in each 
unit according to the requirements in Sec. 63.7886(4)(i).
    (5) For each remediation material management unit used for cleanup 
of radioactive mixed waste and exempted according to Sec. 63.7886(c), 
you must demonstrate continuous compliance by meeting all requirements 
that apply to the remediation material management units under the 
applicable regulations or directives.
    (6) For each remediation material management unit exempted according 
to Sec. 63.7886(d), you must demonstrate continuous compliance by 
performing new measurements and preparing new documentation as required 
in Sec. 63.7886(d)(2) to show that the total annual HAP quantity (based 
on the HAP listed in Table 1 of this subpart) in the remediation 
material placed in all of the designated exempted remediation material 
management units remains less than 1 Mg/yr.
    (d) You have demonstrated continuous compliance with the general 
standards in Sec. 63.7887 that apply to your affected equipment leak 
sources by meeting the requirements in Sec. 63.7923.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

                            Performance Tests



Sec. 63.7940  By what date must I conduct performance tests or other initial 

compliance demonstrations?

    (a) You must conduct a performance test or design evaluation for 
each existing affected source within 180 calendar days after the 
compliance date that is specified in Sec. 63.7883.
    (b) For each work practice standard that applies to you where 
initial compliance is not demonstrated using a performance test or 
design evaluation, you must demonstrate initial compliance within 30 
calendar days after the compliance date that is specified in Sec. 
63.7883 for your affected source.
    (c) For new sources, you must conduct initial performance tests and 
other initial compliance demonstrations according to the provisions in 
Sec. 63.7(a)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]

[[Page 245]]



Sec. 63.7941  How do I conduct a performance test, design evaluation, or other 

type of initial compliance demonstration?

    (a) You must conduct a performance test or design evaluation to 
demonstrate initial compliance for each new or existing affected source 
that is subject to an emission limit in this subpart. You must report 
the results of the performance test or design evaluation according to 
the requirements in Sec. 63.7950(e)(1).
    (b) If you choose to conduct a performance test to demonstrate 
initial compliance, you must conduct the test according to the 
requirements in Sec. 63.7(e)(1) and paragraphs (b) (1) through (5) of 
this section.
    (1) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec. 63.7(e)(3). Each 
test run must last at least 1 hour.
    (2) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (3) You must conduct each performance test using the test methods 
and procedures in Sec. 63.694(l).
    (4) Follow the procedures in paragraphs (b)(4)(i) through (iii) of 
this section to determine compliance with the facility-wide total 
organic mass emissions rate in Sec. 63.7890(a)(1)(i).
    (i) Determine compliance with the total organic mass flow rate using 
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC03.000

Where:

Eh = Total organic mass flow rate, kg/h;
Qsd = Volumetric flow rate of gases entering or exiting 
control device (or exiting the process vent if no control device is 
used), as determined by Method 2 of 40 CFR part 60, appendix A, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i 
in the vent gas, as determined by Method 18 of 40 CFR part 60, appendix 
A;
MWi = Molecular weight of organic compound i in the vent 
gas,kg/kg-mol;

    (ii) Determine compliance with the annual total organic emissions 
rate using Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC03.001

Where:

EA = Total organic mass emissions rate, kilograms per year;
Eh = Total organic mass flow rate for the process vent, kg/h;
H = Total annual hours of operation for the affected unit, h.

    (iii) Determine compliance with the total organic emissions limit 
from all affected process vents at the facility by summing the total 
hourly organic mass emissions rates (Eh as determined in 
Equation 1 of this section) and summing the total annual organic mass 
emissions rates (EA, as determined in Equation 2 of this 
section) for all affected process vents at the facility.
    (5) Determine compliance with the 95 percent reduction limit in 
Sec. 63.7890(a)(2)(i) for the combination of all affected process vents 
at the facility using Equations 3 and 4 of this section to calculate 
control device inlet and outlet concentrations and Equation 5 of this 
section to calculate control device emission reductions for process 
vents as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC03.002

[GRAPHIC] [TIFF OMITTED] TR08OC03.003

Where:

Cij, Coj = Concentration of sample component j of 
the gas stream at the inlet and outlet of the control device, dry basis, 
parts per million by volume. For uncontrolled vents,

[[Page 246]]

Cij = Coj and equal the concentration exiting the 
vent;
Ei, Eo = Mass rate of total organic compounds 
(TOC) (minus methane and ethane) or total HAP, from Table 1 of this 
subpart, at the inlet and outlet of the control device, respectively, 
dry basis, kilogram per hour. For uncontrolled vents, Ei = 
Eo and equal the concentration exiting the vent;
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. For uncontrolled vents, Mij = 
Moj and equal the gas stream molecular weight exiting the 
vent;
Qi, Qo = Flowrate of gas stream at the inlet and 
outlet of the control device, respectively, dry standard cubic meters 
per minute (dscm/min). For uncontrolled vents, Qi = 
Qo and equals the flowrate exiting the vent;
K2 = Constant, 2.494 x 10-6 (parts per million) 
-1 (gram-mole per standard cubic meter) (kilogram/
gram)(minute/hour, where standard temperature (gram-mole per standard 
cubic meter) is 20 [deg]C);
n = the number of components in the sample.

[GRAPHIC] [TIFF OMITTED] TR08OC03.004

Where:

Rv = Overall emissions reduction for all affected process 
vents, percent
Ei = Mass rate of TOC (minus methane and ethane) or total 
HAP, from Table 1 of this subpart, at the inlet to the control device, 
or exiting the vent for uncontrolled vents, as calculated in this 
section, kilograms TOC per hour or kilograms HAP per hour;
Eo = Mass rate of TOC (minus methane and ethane) or total 
HAP, from Table 1 of this subpart, at the outlet to the control device, 
or exiting the vent for uncontrolled vents, as calculated in this 
section, kilograms TOC per hour or kilograms HAP per hour. For vents 
without a control device, Eo = Ei;
n = number of affected source process vents.

    (c) If you use a carbon adsorption system, condenser, vapor 
incinerator, boiler, or process heater to meet an emission limit in this 
subpart, you may choose to perform a design evaluation to demonstrate 
initial compliance instead of a performance test. You must perform a 
design evaluation according to the general requirements in Sec. 
63.693(b)(8) and the specific requirements in Sec. 63.693(d)(2)(ii) for 
a carbon adsorption system (including establishing carbon replacement 
schedules and associated requirements), Sec. 63.693(e)(2)(ii) for a 
condenser, Sec. 63.693(f)(2)(ii) for a vapor incinerator, or Sec. 
63.693(g)(2)(i)(B) for a boiler or process heater.
    (d) During the performance test or design evaluation, you must 
collect the appropriate operating parameter monitoring system data, 
average the operating parameter data over each test run, and set 
operating limits, whether a minimum or maximum value, based on the 
average of values for each of the three test runs. If you use 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.
    (e) If you control air emissions from an affected source by 
introducing the vent stream into the flame zone of a boiler or process 
heater according to the requirements in Sec. 63.693(g)(1)(iii), you 
must conduct a performance test or design evaluation to demonstrate that 
the boiler or process heater meets the applicable emission limit while 
operating at a residence time of 0.5 seconds or greater and at a 
combustion zone temperature of 760 [deg]C or higher.
    (f) You must conduct a performance evaluation for each continuous 
monitoring system according to the requirements in Sec. 63.8(e).
    (g) If you are required to conduct a visual inspection of an 
affected source, you must conduct the inspection according to the 
procedures in Sec. 63.906(a)(1) for Tank Level 1 controls, Sec. 
63.1063(d) for Tank Level 2 controls, Sec. 63.926(a) for Container 
Level 1 controls, Sec. 63.946(a) for a surface impoundment equipped 
with a floating membrane cover, Sec. 63.946(b) for a surface 
impoundment equipped with a cover and vented to a control device, Sec. 
63.1047(a) for a separator with a fixed roof, Sec. 63.1047(c) for a 
separator equipped with a fixed roof and vented to a control device, 
Sec. 63.695(c)(1)(i) or (c)(2)(i)

[[Page 247]]

for a closed vent system, and Sec. 63.964(a) for individual drain 
systems.
    (h) [Reserved]
    (i) If you use Container Level 2 controls, you must conduct a test 
to demonstrate that the container operates with no detectable organic 
emissions or that the container is vapor-tight. You must conduct the 
test using Method 21 (40 CFR part 60, appendix A) and the procedures in 
Sec. 63.925(a) to demonstrate that the container operates with no 
detectable organic emissions or Method 27 (40 CFR part 60, appendix A) 
and the procedures in Sec. 63.925(b) to demonstrate that the container 
is vapor-tight.
    (j) If you locate an affected source inside a permanent total 
enclosure that is vented to a control device, you must demonstrate that 
the enclosure meets the verification criteria in section 5 of Procedure 
T in 40 CFR 52.741, appendix B.
    (k) If you use a fixed roof or a floating roof to control air 
emissions from a separator, you must conduct a test to demonstrate that 
the roof operates with no detectable organic emissions using Method 21 
(40 CFR part 60, appendix A) and the procedures in Sec. 63.1046(a). If 
you use a floating roof, you also must measure the seal gaps according 
to the procedures in Sec. 63.1046(b).
    (l) If you use a flare to control air emissions, you must conduct a 
visible emissions test using Method 22 in 40 CFR part 60, appendix A, 
and the procedures in Sec. 63.11(b)(4).
    (m) For each initial compliance demonstration that requires a 
performance test or design evaluation, you must report the results in 
your notification of compliance status according to the requirements in 
Sec. 63.7950(e)(1). For each initial compliance demonstration that does 
not require a performance test or design evaluation, you must submit a 
notification of compliance status according to the requirements in Sec. 
63.7950(e)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]



Sec. 63.7942  When must I conduct subsequent performance tests?

    For non-flare control devices, you must conduct performance tests at 
any time the EPA requires you to according to Sec. 63.7(3).



Sec. 63.7943  How do I determine the average VOHAP concentration of my 

remediation material?

    (a) General requirements. You must determine the average total VOHAP 
concentration of a remediation material using either direct measurement 
as specified in paragraph (b) of this section or by knowledge as 
specified in paragraph (c) of this section. These methods may be used to 
determine the average VOHAP concentration of any material listed in 
(a)(1) through (3) of this section.
    (1) A single remediation material stream; or
    (2) Two or more remediation material streams that are combined prior 
to, or within, a remediation material management unit or treatment 
process; or
    (3) Remediation material that is combined with one or more non-
remediation material streams prior to, or within, a remediation material 
management unit or treatment process.
    (b) Direct measurement. To determine the average total VOHAP 
concentration of a remediation material using direct measurement, you 
must use the procedures in paragraphs (b)(1) through (3) of this 
section.
    (1) Sampling. Samples of each material stream must be collected from 
the container, pipeline, or other device used to deliver each material 
stream prior to entering the remediation material management unit or 
treatment process 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 
total VOHAP concentration for the material stream on a mass-weighted 
average basis must be designated and recorded. The averaging period can 
represent any time interval that you determine is appropriate for the 
material stream but must not exceed 1 year. For streams that are 
combined, an averaging period representative for all streams must be 
selected.

[[Page 248]]

    (ii) No less than four samples must be collected to represent the 
complete range of HAP compositions and HAP quantities that occur in each 
material stream during the entire averaging period due to normal 
variations in the material stream(s). Examples of such normal variations 
are variation of the HAP concentration within a contamination area.
    (iii) All samples must be collected and handled according to written 
procedures you prepare and document in a site sampling plan. This plan 
must describe the procedure by which representative samples of the 
material stream(s) 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 must be maintained on site in the facility operating records. An 
example of an acceptable sampling plan includes a plan incorporating 
sample collection and handling procedures according to the guidance 
found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, 
appendix A.
    (2) Analysis. Each collected sample must be prepared and analyzed 
according to either one of the methods listed in Sec. 63.694(b)(2)(ii), 
or any current EPA Contracts Lab Program method (or future revisions) 
capable of identifying all the HAP in Table 1 of this subpart.
    (3) Calculations. The average total VOHAP concentration (C) on a 
mass-weighted basis must be calculated by using the results for all 
samples analyzed according to paragraph (b)(2) of this section and 
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29NO06.007

Where:

C = Average VOHAP concentration of the material on a mass-weighted 
basis, ppmw.
i = Individual sample ``i'' of the material.
n = Total number of samples of the material collected (at least 4 per 
stream) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of material stream represented by 
Ci, kilograms per hour (kg/hr).
QT = Total mass quantity of all material during the averaging 
period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as 
determined according to the requirements of paragraph (b)(2) of this 
section, ppmw.

    (c) Knowledge of the material. To determine the average total VOHAP 
concentration of a remediation material using knowledge, you must use 
the procedures in paragraphs (c)(1) through (3) of this section.
    (1) Documentation must be prepared that presents the information 
used as the basis for your knowledge of the material stream's average 
VOHAP concentration. Examples of information that may be used as the 
basis for knowledge include: material balances for the source(s) 
generating each material stream; species-specific chemical test data for 
the material stream from previous testing that are still applicable to 
the current material stream; test data for material from the 
contamination area(s) being remediated.
    (2) If test data are used as the basis for knowledge, then you must 
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, you may 
use HAP concentration test data for the material stream that are 
validated according to Method 301 in 40 CFR part 63, appendix A as the 
basis for knowledge of the material. This information must be provided 
for each material stream where streams are combined.
    (3) If you use species-specific chemical concentration test data as 
the basis for knowledge of the material, you may adjust the test data to 
the corresponding average VOHAP concentration value which would be 
obtained had the material samples been analyzed using Method 305. To 
adjust these data, the measured concentration for each individual HAP 
chemical species contained in the material is multiplied by the 
appropriate species-specific adjustment factor (fm305) listed 
in Table 1 of this subpart.
    (d) In the event that you and us disagree on a determination using 
knowledge of the average total VOHAP concentration for a remediation 
material,

[[Page 249]]

then the results from a determination of VOHAP concentration using 
direct measurement by Method 305 in 40 CFR part 60 appendix A, as 
specified in paragraph (b) of this section, will be used to determine 
compliance with the applicable requirements of this subpart. We may 
perform or request that you perform this determination using direct 
measurement.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]



Sec. 63.7944  How do I determine the maximum HAP vapor pressure of my 

remediation material?

    (a) You must determine the maximum HAP vapor pressure of your 
remediation material using either direct measurement as specified in 
paragraph (b) of this section or by knowledge as specified in paragraph 
(c) of this section.
    (b) Direct measurement to determine the maximum HAP vapor pressure.
    (1) Sampling. A sufficient number of samples must be collected to be 
representative of the remediation material contained in the tank. All 
samples must be collected and handled according to written procedures 
prepared by you and documented in a site sampling plan. This plan must 
describe the procedure by which representative samples of the 
remediation material 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 must be maintained on site in the facility site operating records. 
An example of an acceptable sampling plan includes a plan incorporating 
sample collection and handling procedures according to the guidance 
found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, 
appendix A.
    (2) Analysis. Any one of the following methods may be used to 
analyze the samples and compute the maximum HAP vapor pressure of the 
remediation material:
    (i) Method 25E in 40 CFR part 60 appendix A;
    (ii) Methods described in American Petroleum Institute Bulletin 
2517, ``Evaporation Loss from External Floating Roof Tanks,'';
    (iii) Methods obtained from standard reference texts;
    (iv) ASTM Method 2879-83; or
    (v) Any other method approved by the Administrator.
    (c) Use of knowledge to determine the maximum HAP vapor pressure. 
Documentation must be prepared and recorded that presents the 
information used as the basis for your knowledge that the maximum HAP 
vapor pressure of the remediation material is less than the maximum 
vapor pressure limit listed in Table 2 of this subpart for the 
applicable tank design capacity category.
    (d) In the event that you and us disagree on a determination using 
knowledge of the maximum HAP vapor pressure of the remediation material, 
then the results from a determination of maximum HAP vapor pressure 
using direct measurement by Method 25E in 40 CFR part 60 appendix A, as 
specified in paragraph (b) of this section, will be used to determine 
compliance with the applicable requirements of this subpart. We may 
perform or request that you perform this determination using direct 
measurement.

                      Continuous Monitoring Systems



Sec. 63.7945  What are my monitoring installation, operation, and maintenance 

requirements?

    (a) Each CPMS must meet the requirements in paragraphs (a)(1) 
through (4) of this section.
    (1) Complete a minimum of one cycle of operation for each successive 
15-minute period.
    (2) To calculate a valid hourly value, you must have at least three 
of four equally spaced data values (or at least two, if that condition 
is included to allow for periodic calibration checks) for that hour from 
a CPMS that is not out of control according to the monitoring plan 
referenced in Sec. 63.7935.
    (3) To calculate the average emissions for each averaging period, 
you must have at least 75 percent of the hourly averages for that period 
using only block hourly average values that are based on valid data 
(i.e., not from out-of-control periods).

[[Page 250]]

    (4) Unless otherwise specified, each CPMS must determine the hourly 
average of all recorded readings and daily average, if required.
    (b) You must record the results of each inspection, calibration, and 
validation check.
    (c) You must conduct a performance evaluation for each CPMS 
according to the requirements in Sec. 63.8(e) and your site-specific 
monitoring plan.



Sec. 63.7946  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) You must monitor and collect data according to this section and 
your site-specific monitoring plan required in Sec. 63.7935.
    (b) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, out of control periods and required quality 
assurance or control activities in data averages and calculations used 
to report emissions or operating levels, nor may such data be used in 
fulfilling a minimum data availability requirement, if applicable. You 
must use all the data collected during all other periods in assessing 
the operation of the control device and associated control system.



Sec. 63.7947  What are my monitoring alternatives?

    (a) As an alternative to the parametric monitoring required in this 
subpart, you may install, calibrate, and operate a continuous emission 
monitoring system (CEMS) to measure the control device outlet total 
organic emissions or organic HAP emissions concentration.
    (1) The CEMS used on combustion control devices must include a 
diluent gas monitoring system (for O2 or CO2) with 
the pollutant monitoring system in order to correct for dilution (e.g., 
to 0 percent excess air).
    (2) Each CEMS must complete a minimum of one cycle of operation 
(sampling, analyzing, and data recording) for each successive 15-minute 
period. Data must be reduced as specified in Sec. 63.8(g)(2).
    (3) You must conduct a performance evaluation of the CEMS according 
to the requirements in Sec. 63.8 and Performance Specification 8 (for a 
total organic emissions CEMS) or Performance Specification 9 (for a HAP 
emissions CEMS) and Performance Specification 3 (for an O2 or 
CO2 CEMS) of 40 CFR part 60, appendix B. The relative 
accuracy provision of Performance Specification 8, sections 2.4 and 3 
need not be conducted.
    (4) You must prepare a site-specific monitoring plan for operating, 
calibrating, and verifying the operation of your CEMS according to the 
requirements in Sec. Sec. 63.8(c), (d), and (e).
    (5) You must establish the emissions concentration operating limit 
according to paragraphs (a)(5)(i) and (ii) of this section.
    (i) During the performance test, you must monitor and record the 
total organic or HAP emissions concentration at least once every 15 
minutes during each of the three test runs.
    (ii) Use the data collected during the performance test to calculate 
and record the average total organic or HAP emissions concentration 
maintained during the performance test. The average total organic or HAP 
emissions concentration, corrected for dilution as appropriate, is the 
maximum operating limit for your control device.
    (b) You must maintain the daily (24-hour) average total organic or 
HAP emissions concentration in the exhaust vent stream of the control 
device outlet less than or equal to the site-specific operating limit 
established during the performance test.

                   Notification, Reports, and Records



Sec. 63.7950  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(e), 63.8(f)(4) and (6), and 63.9(b) through (h) that apply 
to you.

[[Page 251]]

    (b) As specified in Sec. 63.9(b)(2), if you start up your affected 
source before October 8, 2003, you must submit an Initial Notification 
not later than 120 calendar days after October 8, 2003.
    (c) As specified in Sec. 63.9(b)(3), if you start up your new or 
reconstructed affected source on or after the effective date, you must 
submit an Initial Notification no later than 120 calendar days after 
initial startup.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test, design 
evaluation, or other initial compliance demonstration, you must submit a 
Notification of Compliance Status according to Sec. 63.9(h)(2)(ii).
    (1) For each initial compliance demonstration that includes a 
performance test or design evaluation, you must submit the Notification 
of Compliance Status, including the performance test results, before the 
close of business on the 60th calendar day following the completion of 
the performance test according to Sec. 63.10(d)(2). You must submit the 
complete design evaluation and supporting documentation.
    (2) For each initial compliance demonstration that does not include 
a performance test, you must submit the Notification of Compliance 
Status before the close of business on the 30th calendar day following 
the completion of the initial compliance demonstration.
    (f) You must provide written notification to the Administrator of 
the alternative standard selected under Sec. 63.1006(b)(5) or (6) 
before implementing either of the provisions.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]



Sec. 63.7951  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit a semiannual compliance 
report to your permitting authority according to the requirements 
specified in paragraphs (a)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.7883 and ending on June 30 or December 31, whichever date comes first 
after the compliance date that is specified for your affected source.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
first compliance report is due.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date comes 
first after the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of the dates specified in paragraphs (a)(1) through (4) of this 
section.
    (b) Compliance report contents. Each compliance report must include 
the information specified in paragraphs (b)(1) through (3) of this 
section and, as applicable, paragraphs (b)(4) through (9) of this 
section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took action consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information in Sec. 63.10(d)(5)(i).

[[Page 252]]

    (5) If there were no deviations from any emissions limitations 
(including operating limit), work practice standards, or operation and 
maintenance requirements, a statement that there were no deviations from 
the emissions limitations, work practice standards, or operation and 
maintenance requirements during the reporting period.
    (6) If there were no periods during which a continuous monitoring 
system (including a CPMS or CEMS) was out-of-control as specified by 
Sec. 63.8(c)(7), a statement that there were no periods during which 
the CPMS was out-of-control during the reporting period.
    (7) For each deviation from an emissions limitation (including an 
operating limit) that occurs at an affected source for which you are not 
using a continuous monitoring system (including a CPMS or CEMS) to 
comply with an emissions limitation or work practice standard required 
in this subpart, the compliance report must contain the information 
specified in paragraphs (b)(1) through (4) and (b)(7)(i) and (ii) of 
this section. This requirement includes periods of startup, shutdown, 
and malfunction.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause) as applicable and the corrective action taken.
    (8) For each deviation from an emissions limitation (including an 
operating limit) or work practice standard occurring at an affected 
source where you are using a continuous monitoring system (including a 
CPMS or CEMS) to comply with the emissions limitations or work practice 
standard in this subpart, you must include the information specified in 
paragraphs (b)(1) through (4) and (b)(8)(i) through (xi) of this 
section. This requirement includes periods of startup, shutdown, and 
malfunction.
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time that each continuous monitoring system was 
inoperative, except for zero (low-level) and high-level checks.
    (iii) The date, time, and duration that each continuous monitoring 
system was out-of-control, including the information in Sec. 
63.8(c)(8).
    (iv) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (v) A summary of the total duration of the deviations during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and unknown 
causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) A brief description of the process units.
    (ix) A brief description of the continuous monitoring system.
    (x) The date of the latest continuous monitoring system 
certification or audit.
    (xi) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (9) You must include the information on equipment leaks required in 
periodic reports by Sec. 63.1018(a) or Sec. 63.1039(b).
    (c) Immediate startup, shutdown, and malfunction report. If you had 
a startup, shutdown, or malfunction during the semiannual reporting 
period that was not consistent with your startup, shutdown, and 
malfunction plan, you must submit an immediate startup, shutdown, and 
malfunction report according to the requirements of Sec. 
63.10(d)(5)(ii) .
    (d) Part 70 monitoring report. If you have obtained a title V 
operating permit for an affected source pursuant to 40 CFR part 70 or 40 
CFR part 71, you must report all deviations as defined in this subpart 
in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR

[[Page 253]]

71.6(a)(3)(iii)(A). If you submit a compliance report for an affected 
source along with, or as part of, the semiannual monitoring report 
required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and 
the compliance report includes all the required information concerning 
deviations from any emissions limitation or operation and maintenance 
requirement in this subpart, submission of the compliance report 
satisfies any obligation to report the same deviations in the semiannual 
monitoring report. However, submission of a compliance report does not 
otherwise affect any obligation you may have to report deviations from 
permit requirements for an affected source to your permitting authority.



Sec. 63.7952  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) through 
(4) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec. 63.10(b)(1) and 
(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startups, shutdowns, and malfunctions.
    (3) Results of performance tests and performance evaluations as 
required by Sec. 63.10(b)(2)(viii).
    (4) The records of initial and ongoing determinations for affected 
sources that are exempt from control requirements under this subpart.
    (b) For each continuous monitoring system, you must keep the records 
as described in paragraphs (b)(1) and (2) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi) that 
apply to your continuous monitoring system.
    (2) Performance evaluation plans, including previous (i.e., 
superseded) versions of the plan as required in Sec. 63.8(d)(3).
    (c) You must keep the records required by this subpart to show 
continuous compliance with each emissions limitation, work practice 
standard, and operation and maintenance requirement that applies to you.
    (d) You must record, on a semiannual basis, the information in Sec. 
63.696(g) for planned routine maintenance of a control device for 
emissions from process vents.



Sec. 63.7953  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep your files of 
all information (including all reports and notifications) for 5 years 
following the date of each occurrence, measurement, maintenance, action 
taken to correct the cause of a deviation, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You can keep the 
records off-site for the remaining 3 years.
    (d) If, after the remediation activity is completed, there is no 
other remediation activity at the facility, and you are no longer the 
owner of the facility, you may keep all records for the completed 
remediation activity at an off-site location provided you notify the 
Administrator in writing of the name, address and contact person for the 
off-site location.

                   Other Requirements and Information



Sec. 63.7955  What parts of the General Provisions apply to me?

    Table 3 of this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.7956  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the EPA, or 
a delegated authority such as your State, local, or tribal agency. If 
the EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency, in addition to the EPA, has the 
authority to implement and enforce this subpart. You should contact your 
EPA Regional Office (see list in Sec. 63.13) to find out if this 
subpart

[[Page 254]]

is delegated to your 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 paragraph (c) of this 
section are retained by the Administrator of EPA and are not transferred 
to the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are listed in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the non-opacity emissions 
limitations and work practice standards in this subpart under Sec. 
63.6(g).
    (2) Approval of major changes to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]



Sec. 63.7957  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec. 63.2, 
and in this section. If a term is defined both in this section and in 
another subpart cross-referenced by this subpart, then the term will 
have the meaning given in this section for purposes of this subpart.
    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 device that conveys gas 
or vapor from an emissions 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, dump trucks, and rail cars. For the purpose of this 
subpart, a front-end loader, excavator, backhoe, or other type of self-
propelled excavation equipment is not a container.
    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.
    Control device means equipment used 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 that prevents or reduces air pollutant 
emissions to the atmosphere by forming a continuous barrier over the 
remediation material managed in a unit. A cover may have openings (such 
as access hatches, sampling ports, gauge wells) that are necessary for 
operation, inspection, maintenance, and repair of the unit on which the 
cover is used. A cover may be a separate piece of equipment which can be 
detached and removed from the unit (such as a tarp) or a cover may be 
formed by structural features permanently integrated into the design of 
the unit.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emissions limitation 
(including any operating limit), or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an

[[Page 255]]

applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emissions limitation, (including any operating 
limit), or work practice standard in this subpart during startup, 
shutdown, or malfunction, regardless of whether or not such failure is 
permitted by this subpart.
    Emissions limitation means any emissions limit, opacity limit, 
operating limit, or visible emissions limit.
    Emissions point means an individual tank, surface impoundment, 
container, oil-water, organic-water separator, transfer system, 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.
    Equipment means each pump, pressure relief device, sampling 
connection system, valve, and connector used in remediation material 
service at a facility.
    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.
    Facility 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 located at the facility but is owned by a 
different company) is a different facility.
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the unit.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which rests upon and is 
supported by the liquid being contained, and is equipped with a 
continuous seal.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow in a bypass line.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed according to relevant standards and good engineering 
practices.
    Individual drain system means a stationary system used to convey 
wastewater streams or residuals to a remediation material 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).
    Maximum HAP vapor pressure means the sum of the individual HAP 
equilibrium partial pressure exerted by remediation material at the 
temperature equal to either: the monthly average temperature as reported 
by the National Weather Service when the remediation material is stored 
or treated at ambient temperature; or the highest calendar-month average 
temperature of the remediation material when the remediation material is 
stored at temperatures above the ambient temperature or when the 
remediation 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. 63.7944.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec. 
63.694(k).

[[Page 256]]

    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 emissions limitation or standard.
    Organic-water separator means a separator as defined for this 
subpart that is used to separate organics from water.
    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 any open-ended pipe, stack, duct, or other 
opening intended to allow the passage of gases, vapors, or fumes to the 
atmosphere and this passage is caused by mechanical means (such as 
compressors, vacuum-producing systems or fans) or by process-related 
means (such as volatilization produced by heating). For the purposes of 
this subpart, a process vent is neither a safety device (as defined in 
this section) nor a stack, duct or other opening used to exhaust 
combustion products from a boiler, furnace, heater, incinerator, or 
other combustion device.
    Radioactive mixed waste means a material that contains both 
hazardous waste subject to RCRA and source, special nuclear, or by-
product material subject to the Atomic Energy Act of 1954.
    Remediation material means a material that contains one or more of 
the HAP listed in Table 1 of this subpart, and this material is one of 
the following:
    (1) A material found in naturally occurring media such as soil, 
groundwater, surface water, sediments, or a mixture of such materials 
with liquids, sludges, or solids which is inseparable by simple 
mechanical removal processes and is made up primarily of media. This 
material does not include debris as defined in 40 CFR 268.2.
    (2) A material found in intact or substantially intact containers, 
tanks, storage piles, or other storage units that requires clean up 
because this material poses a reasonable potential threat to 
contaminating media. Examples of these materials include, but are not 
limited to, solvents, oils, paints, and other volatile or semi-volatile 
organic liquids found in buried drums, cans, or other containers; 
gasoline, fuel oil, or other fuels in leaking underground storage tanks; 
and solid materials containing volatile or semi-volatile organics in 
unused or abandoned piles. Remediation material is not a waste or 
residue generated by routine equipment maintenance activities performed 
at a facility such as, but not limited to, tank bottoms and sludges 
removed during tank cleanouts; sludges and sediments removed from active 
wastewater treatment tanks, surface impoundments, or lagoons; spent 
catalyst removed from process equipment; residues removed from air 
pollution control equipment; and debris removed during heat exchanger 
and pipeline cleanouts.
    Remediation material management unit means a tank, container, 
surface impoundment, oil-water separator, organic-water separator, or 
transfer system used to remove, destroy, degrade, transform, immobilize, 
or otherwise manage remediation material.
    Remediation 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 remediation material.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors during unsafe conditions resulting 
from an unplanned, accidental, or emergency event. For the purpose of 
this Subpart, a safety device is not used for routine venting of gases 
or vapors from the vapor headspace underneath a cover such as during 
filling of the unit or to adjust the pressure in this vapor headspace in 
response to

[[Page 257]]

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 remediation material 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.
    Site remediation means one or more activities or processes used to 
remove, destroy, degrade, transform, immobilize, or otherwise manage 
remediation material. The monitoring or measuring of contamination 
levels in environmental media using wells or by sampling is not 
considered to be a site remediation.
    Sludge means sludge as defined in Sec. 260.10 of this chapter.
    Soil means unconsolidated earth material composing the superficial 
geologic strata (material overlying bedrock), consisting of clay, silt, 
sand, or gravel size particles (sizes as classified by the U.S. Soil 
Conservation Service), or a mixture of such materials with liquids, 
sludges, or solids which is inseparable by simple mechanical removal 
processes and is made up primarily of soil.
    Stabilization process means any physical or chemical process used to 
either reduce the mobility of contaminants in media 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, you may use any more 
recent, updated version of Method 9095 approved by the EPA). A 
stabilization process includes mixing remediation material with binders 
or other materials, and curing the resulting remediation material and 
binder mixture. Other synonymous terms used to refer to this process are 
fixation or solidification. A stabilization process does not include the 
adding of absorbent materials to the surface of remediation material, 
without mixing, agitation, or subsequent curing, to absorb free liquid.
    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.
    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.
    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

[[Page 258]]

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).
    Treatment process means a process in which remediation material is 
physically, chemically, thermally, or biologically treated to destroy, 
degrade, or remove hazardous air pollutants contained in the 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 remediation material 
streams at the same time.
    Volatile organic hazardous air pollutant (VOHAP) concentration means 
the fraction by weight of the HAP listed in Table 1 of this subpart that 
are contained in the remediation material as measured using Method 305, 
40 CFR part 63, appendix A and expressed in terms of parts per million 
(ppm). As an alternative to using Method 305, 40 CFR part 63, appendix 
A, you may determine the HAP concentration of the remediation material 
using any one of the other test methods specified in Sec. 
63.694(b)(2)(ii). When a test method specified in Sec. 63.694(b)(2)(ii) 
other than Method 305 in 40 CFR part 63, appendix A is used to determine 
the speciated HAP concentration of the contaminated material, the 
individual compound concentration may be adjusted by the corresponding 
fm305 listed in Table 1 of this subpart to determine a VOHAP 
concentration.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]



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

------------------------------------------------------------------------
            CAS No.a                    Compound name          Fm 305
------------------------------------------------------------------------
75070...........................  Acetaldehyde............        1.000
75058...........................  Acetonitrile............        0.989
98862...........................  Acetophenone............        0.314
98862...........................  Acetophenone............        0.314
107028..........................  Acrolein................        1.000
107131..........................  Acrylonitrile...........        0.999
107051..........................  Allyl chloride..........        1.000
71432...........................  Benzene (includes               1.000
                                   benzene in gasoline).
98077...........................  Benzotrichloride                0.958
                                   (isomers and mixture).
100447..........................  Benzyl chloride.........        1.000
92524...........................  Biphenyl................        0.864
542881..........................  Bis(chloromethyl)ether b        0.999
75252...........................  Bromoform...............        0.998
106990..........................  1,3-Butadiene...........        1.000
75150...........................  Carbon disulfide........        1.000
56235...........................  Carbon Tetrachloride....        1.000
43581...........................  Carbonyl sulfide........        1.000
133904..........................  Chloramben..............        0.633
108907..........................  Chlorobenzene...........        1.000
67663...........................  Chloroform..............        1.000
107302..........................  Chloromethyl methyl             1.000
                                   ether b.
126998..........................  Chloroprene.............        1.000
98828...........................  Cumene..................        1.000
94757...........................  2,4-D, salts and esters.        0.167
334883..........................  Diazomethane c..........        0.999
132649..........................  Dibenzofurans...........        0.967
96128...........................  B1,2-Dibromo-3-                 1.000
                                   chloropropane.
106467..........................  1,4-Dichlorobenzene(p)..        1.000
107062..........................  Dichloroethane (Ethylene        1.000
                                   dichloride).
111444..........................  Dichloroethyl ether             0.757
                                   (Bis(2-
                                   chloroethylether).
542756..........................  1,3-Dichloropropene.....        1.000
64675...........................  Diethyl sulfate.........        0.0025
79447...........................  Dimethyl carbamoyl              0.150
                                   chloride c.
77781...........................  Dimethyl sulfate........        0.086
121697..........................  N,N-Dimethylaniline.....        0.0008
51285...........................  2,4-Dinitrophenol.......        0.0077
121142..........................  2,4-Dinitrotoluene......        0.0848
123911..........................  1,4-Dioxane (1,4-               0.869
                                   Diethyleneoxide).
106898..........................  Epichlorohydrin (1-             0.939
                                   Chloro-2,3-
                                   epoxypropane).

[[Page 259]]

 
106887..........................  1,2-Epoxybutane.........        1.000
140885..........................  Ethyl acrylate..........        1.000
100414..........................  Ethyl benzene...........        1.000
75003...........................  Ethyl chloride                  1.000
                                   (Chloroethane).
106934..........................  Ethylene dibromide              0.999
                                   (Dibromoethane).
107062..........................  Ethylene dichloride (1,2-       1.000
                                   Dichloroethane).
151564..........................  Ethylene imine                  0.867
                                   (Aziridine).
75218...........................  Ethylene oxide..........        1.000
75343...........................  Ethylidene dichloride           1.000
                                   (1,1-Dichloroethane).        [e]
                                   Glycol ethers d that
                                   have a Henry's Law
                                   Constant value equal to
                                   or greater than 0.01 Y/
                                   X(1.8 x 10-6 atm/gm-
                                   mole/m\3\) at 25 [deg]C.
118741..........................  Hexachlorobenzene.......        0.97
87683...........................  Hexachlorobutadiene.....        0.88
67721...........................  Hexachloroethane........        0.499
110543..........................  Hexane..................        1.000
78591...........................  Isophorone..............        0.506
58899...........................  Lindane (all isomers)...        1.000
67561...........................  Methanol................        0.855
74839...........................  Methyl bromide                  1.000
                                   (Bromomethane).
74873...........................  Methyl chloride                 1.000
                                   (Choromethane).
71556...........................  Methyl chloroform (1,1,1-       1.000
                                   Trichloroethane).
74884...........................  Methyl iodide                   1.000
                                   (Iodomethane).
108101..........................  Methyl isobutyl ketone          0.979
                                   (Hexone).
624839..........................  Methyl isocyanate.......        1.000
80626...........................  Methyl methacrylate.....        0.999
1634044.........................  Methyl tert butyl ether.        1.000
75092...........................  Methylene chloride              1.000
                                   (Dichloromethane).
91203...........................  Naphthalene.............        0.994
98953...........................  Nitrobenzene............        0.394
79469...........................  2-Nitropropane..........        0.989
82688...........................  Pentachloronitrobenzene         0.839
                                   (Quintobenzene).
87865...........................  Pentachlorophenol.......        0.0898
75445...........................  Phosgene \c\............        1.000
123386..........................  Propionaldehyde.........        0.999
78875...........................  Propylene dichloride            1.000
                                   (1,2-Dichloropropane).
75569...........................  Propylene oxide.........        1.000
75558...........................  1,2-Propylenimine (2-           0.945
                                   Methyl aziridine).
100425..........................  Styrene.................        1.000
96093...........................  Styrene oxide...........        0.830
79345...........................  1,1,2,2-                        0.999
                                   Tetrachloroethane.
127184..........................  Tetrachloroethylene             1.000
                                   (Perchloroethylene).
108883..........................  Toluene.................        1.000
95534...........................  o-Toluidine.............        0.152
120821..........................  1,2,4-Trichlorobenzene..        1.000
71556...........................  1,1,1-Trichloroethane           1.000
                                   (Methyl chlorform).
79005...........................  1,1,2-Trichloroethane           1.000
                                   (Vinyltrichloride).
79016...........................  Trichloroethylene.......        1.000
95954...........................  2,4,5-Trichlorophenol...        0.0108
88062...........................  2,4,6-Trichlorophenol...        0.0132
121448..........................  Triethylamine...........        1.000
540841..........................  2,2,4-Trimethylpentane..        1.000
108054..........................  Vinyl acetate...........        1.000
593602..........................  Vinyl bromide...........        1.000
75014...........................  Vinyl chloride..........        1.000
75354...........................  Vinylidene chloride (1,1-       1.000
                                   Dichloroethylene).
1330207.........................  Xylenes (isomers and            1.000
                                   mixture).
95476...........................  o-Xylenes...............        1.000
108383..........................  m-Xylenes...............        1.000
106423..........................  p-Xylenes...............        1.000
------------------------------------------------------------------------
Notes:
Fm 305 Fraction measure factor in Method 305, 40 CFR 305 part 63,
  appendix A.
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.
d Denotes a HAP that hydrolyzes slowly in water.
e The Fm 305 factors for some of the more common glycol 305 ethers can
  be obtained by contacting the Waste and Chemical Processes Group,
  Office of Air Quality Planning and Standards, Research Triangle Park,
  NC 27711.


[71 FR 69020, Nov. 29, 2006]

[[Page 260]]



Sec. Table 2 to Subpart GGGGG of Part 63--Control Levels as Required by 

Sec. 63.7895(a) for Tanks Managing Remediation Material With a Maximum 
 
                 HAP Vapor Pressure Less Than 76.6 kPa

------------------------------------------------------------------------
                               And the maximum HAP
                                vapor pressure of
If your tank design capacity     the remediation     Then your tank must
          is . . .             material placed in         use . . .
                               your tank  is . . .
------------------------------------------------------------------------
1. Less than 38 m\3\........  Less than 76.6 kPa..  Tank Level 1
                                                     controls under Sec.
                                                       63.7895(b).
2. At least 38 m\3\ but less  Less than 13.1 kPa..  Tank Level 1
 than 151 m\3\.                                      controls under Sec.
                                                       63.7895(b).
3. 151 m\3\ or greater......  Less than 0.7 kPa...  Tank Level 1
                                                     controls under Sec.
                                                       63.7895(b).
4. at least 38 m\3\ but less  13.1 kPa or greater.  Tank Level 2
 than 151 m\3\.                                      controls under Sec.
                                                       63.7895(c).
5. 151 m\3\ or greater......  0.7 kPa or greater..  Tank Level 2
                                                     controls under Sec.
                                                       63.7895(c)
------------------------------------------------------------------------


[[Page 261]]

Table 3 to Subpart GGGGG of Part 63--Applicability of General Provisions 
                            to Subpart GGGGG

    As stated in Sec. 63.7940, you must comply with the applicable 
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
           Citation                      Subject             Brief description        Applies to subpart GGGGG
----------------------------------------------------------------------------------------------------------------
Sec.  63.1...................  Applicability...........  Initial Applicability    Yes.
                                                           Determination;
                                                           Applicability After
                                                           Standard Established;
                                                           Permit Requirements;
                                                           Extensions,
                                                           Notifications.
Sec.  63.2...................  Definitions.............  Definitions for part 63  Yes.
                                                           standards.
Sec.  63.3...................  Units and Abbreviations.  Units and abbreviations  Yes.
                                                           for part 63 standards.
Sec.  63.4...................  Prohibited Activities...  Prohibited Activities;   Yes.
                                                           Compliance date;
                                                           Circumvention,
                                                           Severability.
Sec.  63.5...................  Construction/             Applicability;           Yes.
                                 Reconstruction.           applications;
                                                           approvals.
Sec.  63.6(a)................  Applicability...........  General Provisions (GP)  Yes.
                                                           apply unless
                                                           compliance extension
                                                           GP apply to area
                                                           sources that become
                                                           major.
Sec.  63.6(b)(1)-(4).........  Compliance Dates for New  Standards apply at       Yes.
                                 and Reconstructed         effective date; 3
                                 sources.                  years after effective
                                                           date; upon startup; 10
                                                           years after
                                                           construction or
                                                           reconstruction
                                                           commences for 112(f).
Sec.  63.6(b)(5).............  Notification............  Must notify if           Yes.
                                                           commenced construction
                                                           or reconstruction
                                                           after proposal.
Sec.  63.6(b)(6).............  [Reserved]..............  .......................  .............................
Sec.  63.6(b)(7).............  Compliance Dates for New  Area sources that        Yes.
                                 and Reconstructed Area    become major must
                                 Sources That Become       comply with major
                                 Major.                    source standards
                                                           immediately upon
                                                           becoming major,
                                                           regardless of whether
                                                           required to comply
                                                           when they were an area
                                                           source.
Sec.  63.6(c)(1)-(2).........  Compliance Dates for      Comply according to      Yes.
                                 Existing Sources.         date in subpart, which
                                                           must be no later than
                                                           3 years after
                                                           effective date. For
                                                           112(f) standards,
                                                           comply within 90 days
                                                           of effective date
                                                           unless compliance
                                                           extension.
Sec.  63.6(c)(3)-(4).........  [Reserved]..............  .......................  .............................
Sec.  63.6(c)(5).............  Compliance Dates for      Area sources that        Yes.
                                 Existing Area Sources     become major must
                                 That Become Major.        comply with major
                                                           source standards by
                                                           date indicated in
                                                           subpart or by
                                                           equivalent time period
                                                           (for example, 3 years).
Sec.  63.6(d)................  [Reserved]..............  .......................  .............................
Sec.  63.6(e)(1)-(2).........  Operation & Maintenance.  Operate to minimize      Yes.
                                                           emissions at all
                                                           times. Correct
                                                           malfunctions as soon
                                                           as practicable.
                                                           Operation and
                                                           maintenance
                                                           requirements
                                                           independently
                                                           enforceable;
                                                           information
                                                           Administrator will use
                                                           to determine if
                                                           operation and
                                                           maintenance
                                                           requirements were met.
Sec.  63.6(e)(3).............  Startup, Shutdown, and    Requirement for          Yes with the exception of
                                 Malfunction Plan (SSMP).  startup, shutdown and    containers using either
                                                           malfunction (SSM) and    Level 1 or Level 2 controls.
                                                           SSMP. Content of SSMP.
Sec.  63.6(f)(1).............  Compliance Except During  You must comply with     Yes.
                                 SSM.                      emissions standards at
                                                           all times except
                                                           during SSM.
Sec.  63.6(f)(2)-(3).........  Methods for Determining   Compliance based on      Yes.
                                 Compliance.               performance test,
                                                           operation and
                                                           maintenance plans,
                                                           records, inspection.
Sec.  63.6(g)(1)-(3).........  Alternative Standard....  Procedures for getting   Yes.
                                                           an alternative
                                                           standard.
Sec.  63.6(h)................  Opacity/Visible           Requirements for         No. No opacity standards.
                                 Emissions (VE)            opacity and visible
                                 Standards.                emissions limits.

[[Page 262]]

 
Sec.  63.6(i)(1)-(14)........  Compliance Extension....  Procedures and criteria  Yes.
                                                           for Administrator to
                                                           grant compliance
                                                           extension.
Sec.  63.6(j)................  Presidential Compliance   President may exempt     Yes.
                                 Exemption.                source category from
                                                           requirement to comply
                                                           with final rule.
Sec.  63.7(a)(1)-(2).........  Performance Test Dates..  Dates for Conducting     Yes.
                                                           Initial Performance
                                                           Testing and Other
                                                           Compliance
                                                           Demonstrations. Must
                                                           conduct 180 days after
                                                           first subject to final
                                                           rule.
Sec.  63.7(a)(3).............  CAA Section 114           Administrator may        Yes.
                                 Authority.                require a performance
                                                           test under CAA section
                                                           114 at any time.
Sec.  63.7(b)(1).............  Notification of           Must notify              Yes.
                                 Performance Test.         Administrator 60 days
                                                           before the test.
Sec.  63.7(b)(2).............  Notification of           If rescheduling a        Yes.
                                 Rescheduling.             performance test is
                                                           necessary, must notify
                                                           Administrator 5 days
                                                           before scheduled date
                                                           of rescheduled date.
Sec.  63.7(c)................  Quality Assurance/Test    Requirement to submit    Yes.
                                 Plan.                     site-specific test
                                                           plan 60 days before
                                                           the test or on date
                                                           Administrator agrees
                                                           with: Test plan
                                                           approval procedures;
                                                           performance audit
                                                           requirements; internal
                                                           and external QA
                                                           procedures for testing.
Sec.  63.7(d)................  Testing Facilities......  Requirements for         Yes.
                                                           testing facilities.
Sec.  63.7(e)(1).............  Conditions for            Performance tests must   Yes.
                                 Conducting Performance    be conducted under
                                 Tests.                    representative
                                                           conditions. Cannot
                                                           conduct performance
                                                           tests during SSM. Not
                                                           a violation to exceed
                                                           standard during SSM.
Sec.  63.7(e)(2).............  Conditions for            Must conduct according   Yes.
                                 Conducting Performance    to rule and EPA test
                                 Tests.                    methods unless
                                                           Administrator approves
                                                           alternative.
Sec.  63.7(e)(3).............  Test Run Duration.......  Must have three test     Yes.
                                                           runs of at least one
                                                           hour each. Compliance
                                                           is based on arithmetic
                                                           mean of three runs.
                                                           Conditions when data
                                                           from an additional
                                                           test run can be used.
Sec.  63.7(f)................  Alternative Test Method.  Procedures by which      Yes.
                                                           Administrator can
                                                           grant approval to use
                                                           an alternative test
                                                           method.
Sec.  63.7(g)................  Performance Test Data     Must include raw data    Yes.
                                 Analysis.                 in performance test
                                                           report. Must submit
                                                           performance test data
                                                           60 days after end of
                                                           test with the
                                                           Notification of
                                                           Compliance Status.
                                                           Keep data for 5 years.
Sec.  63.7(h)................  Waiver of Tests.........  Procedures for           Yes.
                                                           Administrator to waive
                                                           performance test.
Sec.  63.8(a)(1).............  Applicability of          Subject to all           Yes.
                                 Monitoring Requirements.  monitoring
                                                           requirements in
                                                           standard.
Sec.  63.8(a)(2).............  Performance               Performance              Yes.
                                 Specifications.           Specifications in
                                                           appendix B of part 60
                                                           apply.
Sec.  63.8(a)(3).............  [Reserved]..............
Sec.  63.8(a)(4).............  Monitoring with Flares..  Unless your rule says    Yes.
                                                           otherwise, the
                                                           requirements for
                                                           flares in 63.11 apply.
Sec.  63.8(b)(1).............  Monitoring..............  Must conduct monitoring  Yes.
                                                           according to standard
                                                           unless Administrator
                                                           approves alternative.
Sec.  63.8(b)(2)-(3).........  Multiple Effluents and    Specific requirements    Yes.
                                 Multiple Monitoring       for installing
                                 Systems.                  monitoring systems.
                                                           Must install on each
                                                           effluent before it is
                                                           combined and before it
                                                           is released to the
                                                           atmosphere unless
                                                           Administrator approves
                                                           otherwise. If more
                                                           than one monitoring
                                                           system on an emissions
                                                           point, must report all
                                                           monitoring system
                                                           results, unless one
                                                           monitoring system is a
                                                           backup.
Sec.  63.8(c)(1).............  Monitoring System         Maintain monitoring      Yes.
                                 Operation and             system in a manner
                                 Maintenance.              consistent with good
                                                           air pollution control
                                                           practices.

[[Page 263]]

 
Sec.  63.8(c)(1)(i)..........  Routine and Predictable   Keep parts for routine   Yes.
                                 SSM.                      repairs available;
                                                           reporting requirements
                                                           for SSM when action is
                                                           described in SSM plan.
Sec.  63.8(c)(1)(ii).........  SSM not in SSMP.........  Reporting requirements   Yes.
                                                           for SSM when action is
                                                           not described in SSM
                                                           plan.
Sec.  63.8(c)(1)(iii)........  Compliance with           How Administrator        Yes.
                                 Operation and             determines if source
                                 Maintenance (O&M)         complying with
                                 Requirements.             operation and
                                                           maintenance
                                                           requirements. Review
                                                           of source O&M
                                                           procedures, records,
                                                           Manufacturer's
                                                           instructions,
                                                           recommendations, and
                                                           inspection of
                                                           monitoring system.
Sec.  63.8(c)(2)-(3).........  Monitoring System         Must install to get      Yes.
                                 Installation.             representative
                                                           emissions and
                                                           parameter
                                                           measurements. Must
                                                           verify operational
                                                           status before or at
                                                           performance test.
Sec.  63.8(c)(4).............  Continuous Monitoring     CMS must be operating    No.
                                 System (CMS)              except during
                                 Requirements.             breakdown, out-of-
                                                           control, repair,
                                                           maintenance, and high-
                                                           level calibration
                                                           drifts.
Sec.  63.8(c)(4)(i)-(ii).....  Continuous Monitoring     COMS must have a         Yes. However, COMS are not
                                 System (CMS)              minimum of one cycle     applicable. Requirements for
                                 Requirements.             of sampling and          CPMS are listed in Sec.
                                                           analysis for each        Sec.  63.7900 and 63.7913.
                                                           successive 10-second
                                                           period and one cycle
                                                           of data recording for
                                                           each successive 6-
                                                           minute period. CEMS
                                                           must have a minimum of
                                                           one cycle of operation
                                                           for each successive 15-
                                                           minute period.
Sec.  63.8(c)(5).............  COMS Minimum Procedures.  COMS minimum procedures  No.
Sec.  63.8(c)(6).............  CMS Requirements........  Zero and High level      Yes.
                                                           calibration check       However requirements for CPMS
                                                           requirements.            are addressed in Sec.
                                                                                    63.7927.
Sec.  63.8(c)(7)-(8).........  CMS Requirements........  Out-of-control periods,  Yes.
                                                           including reporting.
Sec.  63.8(d)................  CMS Quality Control.....  Requirements for CMS     Yes.
                                                           quality control,
                                                           including calibration,
                                                           etc. Must keep quality
                                                           control plan on record
                                                           for 5 years. Keep old
                                                           versions for 5 years
                                                           after revisions.
Sec.  63.8(e)................  CMS Performance           Notification,            Yes.
                                 Evaluation.               performance evaluation
                                                           test plan, reports.
Sec.  63.8(f)(1)-(5).........  Alternative Monitoring    Procedures for           Yes.
                                 Method.                   Administrator to
                                                           approve alternative
                                                           monitoring.
Sec.  63.8(f)(6).............  Alternative to Relative   Procedures for           No.
                                 Accuracy Test.            Administrator to
                                                           approve alternative
                                                           relative accuracy
                                                           tests for CEMS.
Sec.  63.8(g)(1)-(4).........  Data Reduction..........  COMS 6-minute averages   Yes. However, COMS are not
                                                           calculated over at       applicable. Requirements for
                                                           least 36 evenly spaced   CPMS are addressed in Sec.
                                                           data points. CEMS 1-     Sec.  63.7900 and 63.7913.
                                                           hour averages computed
                                                           over at least four
                                                           equally spaced data
                                                           points.
Sec.  63.8(g)(5).............  Data Reduction..........  Data that cannot be      No.
                                                           used in computing
                                                           averages for CEMS and
                                                           COMS.
Sec.  63.9(a)................  Notification              Applicability and State  Yes.
                                 Requirements.             Delegation.
Sec.  63.9(b)(1)-(5).........  Initial Notifications...  Submit notification 120  Yes.
                                                           days after effective
                                                           date. Notification of
                                                           intent to construct/
                                                           reconstruct;
                                                           Notification of
                                                           commencement of
                                                           construct/reconstruct;
                                                           Notification of
                                                           startup. Contents of
                                                           each.
Sec.  63.9(c)................  Request for Compliance    Can request if cannot    Yes.
                                 Extension.                comply by date or if
                                                           installed BACT/LAER.
Sec.  63.9(d)................  Notification of Special   For sources that         Yes.
                                 Compliance Requirements   commence construction
                                 for New Source.           between proposal and
                                                           promulgation and want
                                                           to comply 3 years
                                                           after effective date.
Sec.  63.9(e)................  Notification of           Notify Administrator 60  Yes.
                                 Performance Test.         days prior.

[[Page 264]]

 
Sec.  63.9(f)................  Notification of VE/       Notify Administrator 30  No.
                                 Opacity Test.             days prior.
Sec.  63.9(g)................  Additional Notifications  Notification of          Yes. However, there are no
                                 When Using CMS.           performance              opacity standards.
                                                           evaluation.
                                                           Notification using
                                                           COMS data.
                                                           Notification that
                                                           exceeded criterion for
                                                           relative accuracy.
Sec.  63.9(h)(1)-(6).........  Notification of           Contents. Due 60 days    Yes.
                                 Compliance Status.        after end of
                                                           performance test or
                                                           other compliance
                                                           demonstration, except
                                                           for opacity/VE, which
                                                           are due 30 days after.
                                                           When to submit to
                                                           Federal vs. State
                                                           authority.
Sec.  63.9(i)................  Adjustment of Submittal   Procedures for           Yes.
                                 Deadlines.                Administrator to
                                                           approve change in when
                                                           notifications must be
                                                           submitted.
Sec.  63.9(j)................  Change in Previous        Must submit within 15    Yes.
                                 Information.              days after the change.
Sec.  63.10(a)...............  Recordkeeping/Reporting.  Applies to all, unless   Yes.
                                                           compliance extension.
                                                           When to submit to
                                                           Federal vs. State
                                                           authority. Procedures
                                                           for owners of more
                                                           than 1 source.
Sec.  63.10(b)(1)............  Recordkeeping/Reporting.  General Requirements.    Yes.
                                                           Keep all records
                                                           readily available.
                                                           Keep for 5 years.
Sec.  63.10(b)(2)(i)-(iv)....  Records related to SSM..  Occurrence of each of    Yes.
                                                           operation (process
                                                           equipment). Occurrence
                                                           of each malfunction of
                                                           air pollution
                                                           equipment. Maintenance
                                                           on air pollution
                                                           control equipment.
                                                           Actions during
                                                           startup, shutdown, and
                                                           malfunction.
Sec.  63.10(b)(2)(vi) and (x-  CMS Records.............  Malfunctions,            Yes.
 xi).                                                      inoperative, out-of-
                                                           control. Calibration
                                                           checks. Adjustments,
                                                           maintenance.
Sec.  63.10(b)(2)(vii)-(ix)..  Records.................  Measurements to          Yes.
                                                           demonstrate compliance
                                                           with emissions
                                                           limitations.
                                                           Performance test,
                                                           performance
                                                           evaluation, and
                                                           visible emissions
                                                           observation results.
                                                           Measurements to
                                                           determine conditions
                                                           of performance tests
                                                           and performance
                                                           evaluations.
Sec.  63.10(b)(2)(xii).......  Records.................  Records when under       Yes.
                                                           waiver.
Sec.  63.10(b)(2)(xiii)......  Records.................  Records when using       No.
                                                           alternative to
                                                           relative accuracy test.
Sec.  63.10(b)(2)(xiv).......  Records.................  All documentation        Yes.
                                                           supporting Initial
                                                           Notification and
                                                           Notification of
                                                           Compliance Status.
Sec.  63.10(b)(3)............  Records.................  Applicability            Yes.
                                                           Determinations.
Sec.  63.10(c)...............  Records.................  Additional Records for   No.
                                                           CMS.
Sec.  63.10(d)(1)............  General Reporting         Requirement to report..  Yes.
                                 Requirements.
Sec.  63.10(d)(2)............  Report of Performance     When to submit to        Yes.
                                 Test Results.             Federal or State
                                                           authority.
Sec.  63.10(d)(3)............  Reporting Opacity or VE   What to report and when  No.
                                 Observations.
Sec.  63.10(d)(4)............  Progress Reports........  Must submit progress     Yes.
                                                           reports on schedule if
                                                           under compliance
                                                           extension.
Sec.  63.10(d)(5)............  Startup, Shutdown, and    Contents and submission  Yes.
                                 Malfunction Reports.
Sec.  63.10(e)(1)-(2)........  Additional CMS Reports..  Must report results for  Yes. However, COMS are not
                                                           each CEM on a unit       applicable.
                                                           Written copy of
                                                           performance evaluation
                                                           Three copies of COMS
                                                           performance evaluation.
Sec.  63.10(e)(3)............  Reports.................  Excess Emissions         No.
                                                           Reports.
Sec.  63.10(e)(3)(i-iii).....  Reports.................  Schedule for reporting   No.
                                                           excess emissions and
                                                           parameter monitor
                                                           exceedance (now
                                                           defined as deviations).

[[Page 265]]

 
Sec.  63.10(e)(3)(iv-v)......  Excess Emissions Reports  Requirement to revert    No.
                                                           to quarterly
                                                           submission if there is
                                                           an excess emissions
                                                           and parameter monitor
                                                           exceedance (now
                                                           defined as
                                                           deviations). Provision
                                                           to request semiannual
                                                           reporting after
                                                           compliance for one
                                                           year. Submit report by
                                                           30th day following end
                                                           of quarter or calendar
                                                           half. If there has not
                                                           been an exceedance or
                                                           excess emissions (now
                                                           defined as
                                                           deviations), report
                                                           contents is a
                                                           statement that there
                                                           have been no
                                                           deviations.
Sec.  63.10(e)(3)(iv-v)......  Excess Emissions Reports  Must submit report       No.
                                                           containing all of the
                                                           information in Sec.
                                                           Sec.  63.10(c)(5-13)
                                                           and 63.8(c)(7-8).
Sec.  63.10(e)(3)(vi-viii)...  Excess Emissions Report   Requirements for         No.
                                 and Summary Report.       reporting excess
                                                           emissions for CMSs
                                                           (now called
                                                           deviations). Requires
                                                           all of the information
                                                           in Sec. Sec.
                                                           63.10(c)(5-13) and
                                                           63.8(c)(7-8).
Sec.  63.10(e)(4)............  Reporting COMS data.....  Must submit COMS data    No.
                                                           with performance test
                                                           data.
Sec.  63.10(f)...............  Waiver for Recordkeeping/ Procedures for           Yes.
                                 Reporting.                Administrator to waive.
Sec.  63.11..................  Control and work          Requirements for flares  Yes.
                                 practice requirements.    and alternative work
                                                           practice for equipment
                                                           leaks.
Sec.  63.12..................  Delegation..............  State authority to       Yes.
                                                           enforce standards.
Sec.  63.13..................  Addresses...............  Addresses where          Yes.
                                                           reports,
                                                           notifications, and
                                                           requests are sent.
Sec.  63.14..................  Incorporation by          Test methods             Yes.
                                 Reference.                incorporated by
                                                           reference.
Sec.  63.15..................  Availability of           Public and confidential  Yes
                                 Information.              information.
----------------------------------------------------------------------------------------------------------------


[[Page 266]]


[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 20468, Apr. 20, 2006; 71 
FR 69021, Nov. 29, 2006; 73 FR 78216, Dec. 22, 2008]



Subpart HHHHH_National Emission Standards for Hazardous Air Pollutants: 
                   Miscellaneous Coating Manufacturing

    Source: 68 FR 69185, Dec. 11, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.7980  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for miscellaneous coating manufacturing. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limits, operating limits, and 
work practice standards.



Sec. 63.7985  Am I subject to the requirements in this subpart?

    (a) You are subject to the requirements in this subpart if you own 
or operate miscellaneous coating manufacturing operations, as defined in 
paragraph (b) of this section, that meet the conditions specified in 
paragraphs (a)(1) through (4) of this section.
    (1) Are located at or are part of a major source of hazardous air 
pollutants (HAP) emissions, as defined in section 112(a) of the Clean 
Air Act (CAA).
    (2) Manufacture coatings as defined in Sec. 63.8105.
    (3) Process, use, or produce HAP.
    (4) Are not part of an affected source under another subpart of this 
part 63.
    (b) Miscellaneous coating manufacturing operations include the 
facilitywide collection of equipment described in paragraphs (b)(1) 
through (4) of this section that is used to manufacture coatings as 
defined in Sec. 63.8105. Miscellaneous coating manufacturing operations 
also include cleaning operations.
    (1) Process vessels.
    (2) Storage tanks for feedstocks and products.
    (3) Components such as pumps, compressors, agitators, pressure 
relief devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, and instrumentation systems.
    (4) Wastewater tanks and transfer racks.
    (c) If the predominant use of a transfer rack loading arm or storage 
tank (including storage tanks in series) is associated with 
miscellaneous coating manufacturing, and the loading arm or storage tank 
is not part of an affected source under a subpart of this part 63, then 
you must assign the loading arm or storage tank to the miscellaneous 
coating manufacturing operations. If the predominant use cannot be 
determined, and the loading arm or storage tank is not part of an 
affected source under a subpart of this part 63, then you must assign 
the loading arm or storage tank to the miscellaneous coating 
manufacturing operations. If the use varies from year to year, then you 
must base the determination on the utilization that occurred during the 
year preceding December 11, 2003 or, if the loading arm or storage tank 
was not in operation during that year, you must base the use on the 
expected use for the first 5-year period after startup. You must include 
the determination in the notification of compliance status report 
specified in Sec. 63.8075(d). You must redetermine the predominant use 
at least once every 5 years after the compliance date.
    (d) The requirements for miscellaneous coating manufacturing sources 
in this subpart do not apply to operations described in paragraphs 
(d)(1) through (5) of this section.
    (1) Research and development facilities, as defined in section 
112(c)(7) of the CAA.
    (2) The affiliated operations located at an affected source under 
subparts GG (National Emission Standards for Aerospace Manufacturing and 
Rework Facilities), KK (National Emission Standards for the Printing and 
Publishing Industry), JJJJ (NESHAP: Paper and Other Web Coating), future 
MMMM (National Emission Standards for Miscellaneous Metal Parts and 
Products Surface Coating Operations) and SSSS (NESHAP: Surface Coating 
of Metal Coil) of 40 CFR part 63. Affiliated operations include, but are 
not limited to, mixing or dissolving of coating ingredients; coating 
mixing for

[[Page 267]]

viscosity adjustment, color tint or additive blending, or pH adjustment; 
cleaning of coating lines and coating line parts; handling and storage 
of coatings and solvent; and conveyance and treatment of wastewater.
    (3) Ancillary equipment such as boilers and incinerators (only those 
not used to comply with the emission limits in Tables 1 through 5 to 
this subpart), chillers and refrigeration systems, and other equipment 
that is not directly involved in the manufacturing of a coating (i.e., 
it operates as a closed system, and materials are not combined with 
materials used to manufacture the coating).
    (4) Quality assurance/quality control laboratories.
    (5) Modifying a purchased coating in preparation for application at 
the purchasing facility.

[68 FR 69185, Dec. 11, 2003, as amended at 71 FR 58503, Oct. 4, 2006]



Sec. 63.7990  What parts of my plant does this subpart cover?

    (a) This subpart applies to each miscellaneous coating manufacturing 
affected source as defined in Sec. 63.7985(a).
    (b) The miscellaneous coating manufacturing affected source is the 
miscellaneous coating manufacturing operations as defined in Sec. 
63.7985(b).
    (c) An affected source is a new affected source if you commenced 
construction or reconstruction after April 4, 2002, and you met the 
applicability criteria at the time you commenced construction or 
reconstruction.

                            Compliance Dates



Sec. 63.7995  When do I have to comply with this subpart?

    Except as specified in Sec. 63.8090, you must comply with this 
subpart according to the requirements of this section.
    (a) If you have a new affected source, you must comply with this 
subpart according to the requirements in paragraphs (a)(1) and (2) of 
this section.
    (1) If you start up your new affected source before December 11, 
2003, then you must comply with the requirements for new sources in this 
subpart no later than December 11, 2003.
    (2) If you start up your new affected source after December 11, 
2003, then you must comply with the requirements for new sources in this 
subpart upon startup of your affected source.
    (b) If you have an existing affected source on December 11, 2003, 
then you must comply with the requirements for existing sources in this 
subpart no later than December 11, 2006.
    (c) [Reserved]
    (d) You must meet the notification requirements in Sec. 63.8070 
according to the schedule in Sec. 63.8070 and in 40 CFR part 63, 
subpart A. Some of the notifications must be submitted before you are 
required to comply with the emission limits, operating limits, and work 
practice standards in this subpart.

[68 FR 69185, Dec. 11, 2003; 68 FR 75033, Dec. 29, 2003, as amended at 
70 FR 25681, May 13, 2005; 71 FR 58503, Oct. 4, 2006]

  Emission Limits, Work Practice Standards, and Compliance Requirements



Sec. 63.8000  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emission limits and work 
practice standards in Tables 1 through 5 to this subpart at all times, 
except during periods of startup, shutdown, and malfunction. You must 
meet the requirements specified in paragraphs (b) and (c) of this 
section. You must meet the requirements specified in Sec. Sec. 63.8005 
through 63.8025 (or the alternative means of compliance in Sec. 
63.8050), except as specified in paragraph (d) of this section. You must 
meet the notification, reporting, and recordkeeping requirements 
specified in Sec. Sec. 63.8070, 63.8075, and 63.8080.
    (b) General requirements. (1) If an emission stream contains halogen 
atoms, and you use a combustion-based control device (excluding a flare) 
to meet an organic HAP emission limit, you must determine whether the 
emission stream meets the definition of a halogenated stream by 
calculating the concentration of each organic compound that contains 
halogen atoms using the procedures specified in Sec. 63.115(d)(2)(v), 
multiplying each concentration by the number of halogen atoms in the 
organic compound, and summing the resulting halogen atom

[[Page 268]]

concentrations for all of the organic compounds in the emission stream. 
Alternatively, you may elect to designate the emission stream as 
halogenated.
    (2) Opening of a safety device, as defined in Sec. 63.8105, is 
allowed at any time conditions require it to avoid unsafe conditions.
    (c) Compliance requirements for closed vent systems and control 
devices.If you use a control device to comply with an emission limit in 
Table 1, 2, or 5 to this subpart, you must comply with the requirements 
in subpart SS of 40 CFR part 63 as specified in paragraphs (c)(1) 
through (3) of this section, except as specified in paragraph (d) of 
this section.
    (1) If you reduce organic HAP emissions by venting emissions through 
a closed-vent system to any combination of control devices (except a 
flare), you must meet the requirements of Sec. 63.982(c) and the 
requirements referenced therein.
    (2) If you reduce organic HAP emissions by venting emissions through 
a closed-vent system to a flare, you must meet the requirements of Sec. 
63.982(b) and the requirements referenced therein. You may not use a 
flare to control halogenated vent streams or hydrogen halide and halogen 
HAP emissions.
    (3) If you use a halogen reduction device to reduce hydrogen halide 
and halogen HAP emissions that are generated by combusting halogenated 
vent streams, you must meet the requirements of Sec. 63.994 and the 
requirements referenced therein. If you use a halogen reduction device 
before a combustion device, you must determine the halogen atom emission 
rate prior to the combustion device according to the procedures in Sec. 
63.115(d)(2)(v).
    (d) Exceptions to the requirements specified in other subparts of 
this part 63--(1) Requirements for performance tests. The requirements 
specified in paragraphs (d)(1)(i) through (v) of this section apply 
instead of or in addition to the requirements for performance testing of 
control devices as specified in subpart SS of 40 CFR part 63.
    (i) Conduct gas molecular weight analysis using Method 3, 3A, or 3B 
in appendix A to 40 CFR part 60.
    (ii) Measure moisture content of the stack gas using Method 4 in 
appendix A to 40 CFR part 60.
    (iii) As an alternative to using Method 18, Method 25/25A, or Method 
26/26A of 40 CFR part 60, appendix A, to comply with any of the emission 
limits specified in Tables 1 through 6 to this subpart, you may use 
Method 320 of 40 CFR part 60, appendix A. When using Method 320, you 
must follow the analyte spiking procedures of section 13 of Method 320, 
unless you demonstrate that the complete spiking procedure has been 
conducted at a similar source.
    (iv) Section 63.997(c)(1) does not apply. For the purposes of this 
subpart, results of all initial compliance demonstrations must be 
included in the notification of compliance status report, which is due 
150 days after the compliance date, as specified in Sec. 63.8075(d)(1).
    (v) If you do not have a closed-vent system as defined in Sec. 
63.981, you must determine capture efficiency using Method 204 of 
appendix M to 40 CFR part 51 for all stationary process vessels subject 
to requirements of Table 1 to this subpart.
    (2) Design evaluation. To determine the percent reduction of a small 
control device, you may elect to conduct a design evaluation as 
specified in Sec. 63.1257(a)(1) instead of a performance test as 
specified in subpart SS of 40 CFR part 63. You must establish the 
value(s) and basis for the operating limits as part of the design 
evaluation.
    (3) Periodic verification. For a control device with total inlet HAP 
emissions less than 1 ton per year (tpy), you must establish an 
operating limit(s) for a parameter(s) that you will measure and record 
at least once per averaging period (i.e., daily or block) to verify that 
the control device is operating properly. You may elect to measure the 
same parameter(s) that is required for control devices that control 
inlet HAP emissions equal to or greater than 1 tpy. If the parameter 
will not be measured continuously, you must request approval of your 
proposed procedure in the precompliance report. You must identify the 
operating limit(s) and the measurement frequency, and you must provide 
rationale to support how these

[[Page 269]]

measurements demonstrate the control device is operating properly.
    (4) Continuous emissions monitoring systems. Each continuous 
emissions monitoring system (CEMS) must be installed, operated, and 
maintained according to the requirements in Sec. 63.8 and paragraphs 
(d)(4)(i) through (iv) of this section.
    (i) Each CEMS must be installed, operated, and maintained according 
to the applicable Performance Specification of 40 CFR part 60, appendix 
B, and according to paragraph (d)(4)(ii) of this section, except as 
specified in paragraph (d)(4)(i)(A) of this section. For any CEMS 
meeting Performance Specification 8, you must also comply with appendix 
F, procedure 1 of 40 CFR part 60.
    (A) If you wish to use a CEMS other than a Fourier Transform 
Infrared Spectroscopy (FTIR) meeting the requirements of Performance 
Specification 15 to measure hydrogen halide and halogen HAP before we 
promulgate a Performance Specification for such CEMS, you must prepare a 
monitoring plan and submit it for approval in accordance with the 
procedures specified in Sec. 63.8.
    (B) [Reserved]
    (ii) You must determine the calibration gases and reporting units 
for TOC CEMS in accordance with paragraph (d)(4)(ii)(A), (B), or (C) of 
this section.
    (A) For CEMS meeting Performance Specification 9 or 15 requirements, 
determine the target analyte(s) for calibration using either process 
knowledge of the control device inlet stream or the screening procedures 
of Method 18 on the control device inlet stream.
    (B) For CEMS meeting Performance Specification 8 used to monitor 
performance of a combustion device, calibrate the instrument on the 
predominant organic HAP and report the results as carbon 
(C1), and use Method 25A or any approved alternative as the 
reference method for the relative accuracy tests.
    (C) For CEMS meeting Performance Specification 8 used to monitor 
performance of a noncombustion device, determine the predominant organic 
HAP using either process knowledge or the screening procedures of Method 
18 on the control device inlet stream, calibrate the monitor on the 
predominant organic HAP, and report the results as C1. Use 
Method 18, ASTM D6420-99, or any approved alternative as the reference 
method for the relative accuracy tests, and report the results as 
C1.
    (iii) You must conduct a performance evaluation of each CEMS 
according to the requirements in 40 CFR 63.8 and according to the 
applicable Performance Specification of 40 CFR part 60, appendix B, 
except that the schedule in Sec. 63.8(e)(4) does not apply, and the 
results of the performance evaluation must be included in the 
notification of compliance status report.
    (iv) The CEMS data must be reduced to operating day or operating 
block averages computed using valid data consistent with the data 
availability requirements specified in Sec. 63.999(c)(6)(i)(B) through 
(D), except monitoring data also are sufficient to constitute a valid 
hour of data if measured values are available for at least two of the 
15-minute periods during an hour when calibration, quality assurance, or 
maintenance activities are being performed. An operating block is a 
period of time from the beginning to end of batch operations in the 
manufacturing of a coating. Operating block averages may be used only 
for process vessel data.
    (5) Continuous parameter monitoring. The provisions in paragraphs 
(d)(5)(i) through (iii) of this section apply in addition to the 
requirements for continuous parameter monitoring system (CPMS) in 
subpart SS of 40 CFR part 63.
    (i) You must record the results of each calibration check and all 
maintenance performed on the CPMS as specified in Sec. 
63.998(c)(1)(ii)(A).
    (ii) When subpart SS of 40 CFR part 63 uses the term a range or 
operating range of a monitored parameter, it means an operating limit 
for a monitored parameter for the purposes of this subpart.
    (iii) As an alternative to measuring pH as specified in Sec. 
63.994(c)(1)(i), you may elect to continuously monitor the caustic 
strength of the scrubber effluent.
    (6) Startup, shutdown, and malfunction. Sections 63.998(b)(2)(iii) 
and

[[Page 270]]

(b)(6)(i)(A), which apply to the exclusion of monitoring data collected 
during periods of startup, shutdown, and malfunction (SSM) from daily 
averages, do not apply for the purposes of this subpart.
    (7) Reporting. (i) When Sec. Sec. 63.8005 through 63.8025 reference 
other subparts in this part 63 that use the term periodic report, it 
means compliance report for the purposes of this subpart.
    (ii) When there are conflicts between this subpart and referenced 
subparts for the due dates of reports required by this subpart, reports 
must be submitted according to the due dates presented in this subpart.
    (iii) Excused excursions, as defined in subpart SS of 40 CFR part 
63, are not allowed.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005]



Sec. 63.8005  What requirements apply to my process vessels?

    (a) General. (1) You must meet each emission limit and work practice 
standard in Table 1 to this subpart that applies to you, and you must 
meet each applicable requirement specified in Sec. 63.8000(b), except 
as specified in paragraphs (a)(1)(i) and (ii) of this section.
    (i) You are not required to meet the emission limits and work 
practice standards in Table 1 to this subpart if you comply with Sec. 
63.8050 or Sec. 63.8055.
    (ii) You must meet the emission limits and work practice standards 
in Table 1 to this subpart for emissions from automatic cleaning 
operations. You are not required to meet the emission limits and work 
practice standards in Table 1 to this subpart for emissions from 
cleaning operations that are conducted manually.
    (2) For each control device used to comply with Table 1 to this 
subpart, you must comply with subpart SS of this part 63 as specified in 
Sec. 63.8000(c), except as specified in Sec. 63.8000(d) and paragraphs 
(b) through (g) of this section.
    (b) When subpart SS of this part 63 refers to process vents, it 
means process vessel vents for the purposes of this section.
    (c) Process condensers, as defined in Sec. 63.1251, are not 
considered to be control devices for process vessels.
    (d) Initial compliance. (1) To demonstrate initial compliance with a 
percent reduction emission limit in Table 1 to this subpart, you must 
conduct the performance test or design evaluation under conditions as 
specified in Sec. 63.7(e)(1), except that the performance test or 
design evaluation must be conducted under worst-case conditions. Also, 
the performance test for a control device used to control emissions from 
process vessels must be conducted according to Sec. 63.1257(b)(8), 
including the submittal of a site-specific test plan for approval prior 
to testing. The requirements in Sec. 63.997(e)(1)(i) and (iii) also do 
not apply for performance tests conducted to determine compliance with 
the emission limits for process vessels.
    (2) For the initial compliance demonstration for condensers, you 
must determine uncontrolled emissions using the procedures specified in 
Sec. 63.1257(d)(2), and you must determine controlled emissions using 
the procedures specified in Sec. 63.1257(d)(3)(i)(B) and (iii).
    (3) You must demonstrate that each process condenser is properly 
operated according to the procedures specified in Sec. 
63.1257(d)(2)(i)(C)(4)(ii) and (d)(3)(iii)(B). The reference in Sec. 
63.1257(d)(3)(iii)(B) to the alternative standard in Sec. 63.1254(c) 
does not apply for the purposes of this subpart. As an alternative to 
measuring the exhaust gas temperature, as required by Sec. 
63.1257(d)(3)(iii)(B), you may elect to measure the liquid temperature 
in the receiver.
    (4) You must conduct a performance test or compliance demonstration 
equivalent to an initial compliance demonstration within 360 hours of a 
change in operating conditions that are not considered to be within the 
previously established worst-case conditions.
    (e) Establishing operating limits. You must establish operating 
limits under the conditions required for your initial compliance 
demonstration, except you may elect to establish operating limit(s) for 
conditions other than those under which a performance test was conducted 
as specified in paragraph (e)(1) of this section and, if applicable, 
paragraph (e)(2) of this section.

[[Page 271]]

    (1) The operating limits may be based on the results of the 
performance test and supplementary information such as engineering 
assessments and manufacturer's recommendations. These limits may be 
established for conditions as unique as individual emission episodes. 
You must provide rationale in the precompliance report for the specific 
level for each operating limit, including any data and calculations used 
to develop the limit and a description of why the limit indicates proper 
operation of the control device. The procedures provided in this 
paragraph (e)(1) have not been approved by the Administrator and 
determination of the operating limit using these procedures is subject 
to review and approval by the Administrator.
    (2) If you elect to establish separate operating limits for 
different emission episodes, you must maintain records as specified in 
Sec. 63.8085(g) of each point at which you change from one operating 
limit to another, even if the duration of the monitoring for an 
operating limit is less than 15 minutes.
    (f) Averaging periods. If you elect to establish separate operating 
limits for different emission episodes, you may elect to determine 
operating block averages instead of the daily averages specified in 
Sec. 63.998(b)(3). An operating block is a period of time that is equal 
to the time from the beginning to end of an emission episode or sequence 
of emission episodes.
    (g) Flow indicators. If flow to a control device could be 
intermittent, you must install, calibrate, and operate a flow indicator 
at the inlet or outlet of the control device to identify periods of no 
flow. Periods of no flow may not be used in daily or block averages, and 
it may not be used in fulfilling a minimum data availability 
requirement.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005]



Sec. 63.8010  What requirements apply to my storage tanks?

    (a) You must meet each emission limit in Table 2 to this subpart 
that applies to your storage tanks, and you must meet each applicable 
requirement specified in Sec. 63.8000(b). For each control device used 
to comply with Table 2 to this subpart, you must comply with subpart SS 
of this part 63 as specified in Sec. 63.8000(c), except as specified in 
Sec. 63.8000(d) and paragraphs (b) through (d) of this section.
    (b) Exceptions to subparts SS and WW of this part 63. (1) If you 
conduct a performance test or design evaluation for a control device 
used to control emissions only from storage tanks, you must establish 
operating limits, conduct monitoring, and keep records using the same 
procedures as required in subpart SS of this part 63 for control devices 
used to reduce emissions from process vents instead of the procedures 
specified in Sec. Sec. 63.985(c), 63.998(d)(2)(i), and 63.999(b)(2).
    (2) When the term storage vessel is used in subparts SS and WW of 
this part 63, the term storage tank, as defined in Sec. 63.8105 applies 
for the purposes of this subpart.
    (c) Planned routine maintenance. The emission limits in Table 2 to 
this subpart for control devices used to control emissions from storage 
tanks do not apply during periods of planned routine maintenance. 
Periods of planned routine maintenance of each control device, during 
which the control device does not meet the emission limit specified in 
Table 2 to this subpart, must not exceed 240 hours per year (hr/yr). You 
may submit an application to the Administrator requesting an extension 
of this time limit to a total of 360 hr/yr. The application must explain 
why the extension is needed, it must indicate that no material will be 
added to the storage tank between the time the 240 hr/yr limit is 
exceeded and the control device is again operational, and it must be 
submitted at least 60 days before the 240 hr/yr limit will be exceeded.
    (d) Vapor balancing alternative. As an alternative to the emission 
limits specified in Table 2 to this subpart, you may elect to implement 
vapor balancing in accordance with Sec. 63.1253(f), except as specified 
in paragraphs (d)(1) and (2) of this section.
    (1) To comply with Sec. 63.1253(f)(6)(i), the owner or operator of 
an offsite cleaning and reloading facility must comply with Sec. Sec. 
63.7995 through 63.8105 instead of complying with Sec. 
63.1253(f)(7)(ii).

[[Page 272]]

    (2) You may elect to set a pressure relief device to a value less 
than the 2.5 psig required in Sec. 63.1253(f)(5) if you provide 
rationale in your notification of compliance status report explaining 
why the alternative value is sufficient to prevent breathing losses at 
all times.



Sec. 63.8015  What requirements apply to my equipment leaks?

    (a) You must meet each requirement in Table 3 to this subpart that 
applies to your equipment leaks, except as specified in paragraphs (b) 
through (d) of this section.
    (b) Exceptions to requirements in Sec. 63.424(a). (1) When Sec. 
63.424(a) refers to ``a bulk gasoline terminal or pipeline breakout 
station subject to the provisions of this subpart,'' the phrase ``a 
miscellaneous coating manufacturing affected source subject to 40 CFR 
part 63, subpart HHHHH'' shall apply for the purposes of this subpart.
    (2) When Sec. 63.424(a) refers to ``equipment in gasoline 
service,'' the phrase ``equipment in organic HAP service'' shall apply 
for the purposes of this subpart.
    (3) When Sec. 63.424(a) specifies that ``each piece of equipment 
shall be inspected during loading of a gasoline cargo tank,'' the phrase 
``each piece of equipment must be inspected when it is operating in 
organic HAP service'' shall apply for the purposes of this subpart.
    (4) Equipment in service less than 300 hours per year, equipment in 
vacuum service, or equipment contacting non-process fluids is excluded 
from this section.
    (c) When Sec. 63.1036 refers to batch processes, any part of the 
miscellaneous coating manufacturing operations applies for the purposes 
of this subpart.
    (d) For the purposes of this subpart, pressure testing for leaks in 
accordance with Sec. 63.1036(b) is not required after reconfiguration 
of an equipment train if flexible hose connections are the only 
disturbed equipment.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005]



Sec. 63.8020  What requirements apply to my wastewater streams?

    (a) You must meet each requirement in Table 4 to this subpart that 
applies to your wastewater streams, and you must meet each applicable 
requirement specified in Sec. 63.8000 and paragraphs (b) through (d) of 
this section.
    (b) For each wastewater stream that you generate, you must either 
designate the wastewater stream as a Group 1 wastewater stream according 
to the procedures in paragraph (b)(1) of this section, or you must 
determine whether the wastewater stream is a Group 1 wastewater stream 
according to the procedures in paragraph (b)(2) of this section.
    (1) You may designate any wastewater stream as a Group 1 wastewater 
stream. You do not have to determine the concentration for any 
designated Group 1 wastewater stream.
    (2) For wastewater streams that you do not designate as Group 1 
wastewater streams, you must use the procedures specified in Sec. 
63.144(b) to establish the concentrations, except as specified in 
paragraphs (b)(2)(i) and (ii) of this section.
    (i) References to Table 8 compounds in Sec. 63.144 do not apply for 
the purposes of this subpart.
    (ii) Alternative test methods. (A) As an alternative to the test 
methods specified in Sec. 63.144(b)(5)(i), you may use Method 8260 or 
8270 as specified in Sec. 63.1257(b)(10)(iii).
    (B) As an alternative to using the methods specified in Sec. 
63.144(b)(5)(i), you may conduct wastewater analyses using Method 1666 
or 1671 of 40 CFR part 136, appendix A, and comply with the sampling 
protocol requirements specified in Sec. 63.144(b)(5)(ii). The 
validation requirements specified in Sec. 63.144(b)(5)(iii) do not 
apply if you use Method 1666 or 1671 of 40 CFR part 136, appendix A.
    (c) For each enhanced biological treatment unit used to comply with 
the requirements in Table 4 to this subpart, you must monitor total 
suspended solids (TSS), biological oxygen demand (BOD), and the biomass 
concentration. In the precompliance report you must identify and provide 
rationale for proposed operating limits

[[Page 273]]

for these parameters, methods for monitoring, the frequency of 
monitoring, and recordkeeping and reporting procedures that will 
demonstrate proper operation of the enhanced biological treatment unit. 
Alternatively, you may use the precompliance report to request to 
monitor other parameters, and you must include a description of planned 
reporting and recordkeeping procedures and the basis for the selected 
monitoring frequencies and the methods that will be used.
    (d) If you transfer the wastewater offsite for enhanced biological 
treatment, you must obtain written certification from the offsite 
facility stating that the offsite facility will comply with the 
requirements of this subpart. The certifying entity may revoke the 
certification by providing 90 days notice. Upon expiration of the notice 
period, you may not transfer wastewater to that treatment facility.



Sec. 63.8025  What requirements apply to my transfer operations?

    (a) You must comply with each emission limit and work practice 
standard in Table 5 to this subpart that applies to your transfer 
operations, and you must meet all applicable requirements specified in 
Sec. 63.8000(b). For each control device used to comply with Table 5 to 
this subpart, you must comply with subpart SS of this part 63 as 
specified in Sec. 63.8000(c), except as specified in Sec. 63.8000(d) 
and paragraph (b) of this section.
    (b) If you have Group 1 transfer operations, as defined in Sec. 
63.8105, then all transfer racks used for bulk loading coatings must 
meet the requirements for high throughput transfer racks in subpart SS 
of this part.



Sec. 63.8030  What requirements apply to my heat exchange systems?

    (a) You must comply with the requirements specified in Table 6 to 
this subpart that apply to your heat exchange systems, except as 
specified in paragraphs (b) through (e) of this section.
    (b) The phrase a chemical manufacturing process unit meeting the 
conditions of Sec. 63.100(b)(1) through (b)(3) of this section in Sec. 
63.104(a) means the miscellaneous coating manufacturing operations 
defined in Sec. 63.7985(b) for the purposes of this subpart.
    (c) The reference to Sec. 63.100(c) in Sec. 63.104(a) does not 
apply for the purposes of this subpart.
    (d) The reference to Sec. 63.103(c)(1) in Sec. 63.104(f)(1) does 
not apply. For the purposes of this subpart, records must be retained as 
specified in Sec. 63.10(b)(1).
    (e) The reference to the periodic report required by Sec. 63.152(c) 
of subpart G of this part means the compliance report required by Sec. 
63.8075(e) for the purposes of this subpart.

                     Alternative Means of Compliance



Sec. 63.8050  How do I comply with emissions averaging for stationary process 

vessels at existing sources?

    (a) As an alternative to complying with the requirements in Table 1 
to this subpart for each individual stationary process vessel, you may 
elect to comply with emissions averaging for stationary process vessels 
greater than or equal to 250 gallons (gal) at your existing affected 
source as specified in paragraphs (b) through (e) of this section.
    (b) General requirements. (1) A State may prohibit averaging of HAP 
emissions and require the owner or operator of an existing affected 
source to comply with the emission limits and work practice standards in 
Table 1 to this subpart.
    (2) All stationary process vessels in an emissions averaging group 
must be equipped with a tightly-fitting vented cover.
    (c) Initial compliance. To demonstrate initial compliance with the 
emissions averaging alternative, you must comply with the provisions in 
paragraphs (c)(1) through (4) of this section.
    (1) Estimate uncontrolled emissions from each affected stationary 
process vessel in pounds per batch using the procedures specified in 
Sec. 63.1257(d)(2), except as specified in paragraphs (c)(1)(i) and 
(ii) of this section. For the purposes of this section, uncontrolled 
emissions means the emissions from the vessel if it were equipped only 
with a tightly-fitting vented cover. You must identify the range of 
typical operating parameters and perform the calculation using the 
values that result in the highest emissions, and you must

[[Page 274]]

document the operating parameters and resulting emissions calculations 
in the precompliance report.
    (i) When you are required to calculate uncontrolled emissions from 
heating, you may not calculate emissions using Equation 13 of subpart 
GGG of this part 63.
    (ii) The statement in Sec. 63.1257(d)(2)(i)(B) that ``the partial 
pressure of HAP shall be assumed to be 25 percent of the saturated value 
if the purge flow rate is greater than 100 scfm'' does not apply. For 
the purposes of this subpart, multiply the HAP partial pressure in 
Equation 12 of 40 CFR part 63, subpart GGG by a HAP-specific saturation 
factor determined in accordance with Equations 1 through 3 of this 
section. Solve equation 1 of this section iteratively beginning with 
saturation factors (in the right-hand side of the equation) of 1.0 for 
each condensable compound. Stop iterating when the calculated saturation 
factors for all compounds are the same to two significant figures for 
subsequent iterations. Note that for multi-component emission streams, 
saturation factors must be calculated for all condensable compounds, not 
just the HAP.
[GRAPHIC] [TIFF OMITTED] TR11DE03.001

[GRAPHIC] [TIFF OMITTED] TR11DE03.002

[GRAPHIC] [TIFF OMITTED] TR11DE03.003

where:

S1=saturation factor for individual condensable compounds in 
the emission stream
Pi=partial pressure of individual condensable compounds in 
the emission stream calculated using Raoult's Law or other appropriate 
methods
PT=pressure of the vessel vapor space
A=surface area of liquid
V=purge flow rate as used in Equation 12 of 40 CFR part 63, subpart GGG
Vi\sat\=volumetric flowrate of condensable compounds in the 
emission stream
Ki=mass transfer coefficient of individual condensable 
compounds in the emission stream
Ko=mass transfer coefficient of a reference compound (e.g., 
0.83 cm/s for water)
Mo=molecular weight of reference compound (e.g., 18.02 for 
water)
Mi=molecular weight of individual condensable compounds in 
the emission stream
n=number of condensable compounds in the emission stream

    (2) Estimate controlled emissions in pounds per batch for each 
vessel as specified in paragraphs (c)(2)(i) through (iii) of this 
section.
    (i) Except as specified in paragraphs (c)(2)(ii) and (iii) of this 
section, estimate controlled emissions as if the vessel were controlled 
in compliance with entry 2.b.i. in Table 1 to this subpart.
    (ii) Estimate the controlled emissions using the control level 
achieved on November 15, 1990 if that value is greater than the 
applicable control level required by entry 2.b.i in Table 1 to this 
subpart.
    (iii) Estimate the controlled emissions using the control level 
required to comply with a State or Federal rule other than this subpart 
if that level is greater than the applicable control level required by 
entry 2.b.i in Table 1 to this subpart and the other rule was in effect 
before the date when you request approval to comply with emissions 
averaging.
    (3) Determine actual emissions in pounds per batch for each vessel 
in accordance with paragraph (c)(3)(i), (ii), or (iii) of this section, 
as applicable.
    (4) Provide rationale in the precompliance report for why the sum of 
the actual emissions will be less than the sum of emissions from the 
vessels if they had been controlled in accordance with Table 1 to this 
subpart. The approved actual emissions calculated according to paragraph 
(c)(3) of this section are emission limits that must be incorporated 
into your operating permit.
    (d) Continuous compliance. (1) Maintain a monthly log of the number 
of batches produced that can be correlated with the emissions estimates 
per batch developed in accordance with paragraph (c) of this section.
    (2) Sum the actual emissions for all of the process vessels in the 
emissions averaging group every three months,

[[Page 275]]

with the first 3-month period beginning on the compliance date, and 
compare the resulting total with the total emissions for the vessels 
calculated in accordance with paragraph (c)(2) of this section. 
Compliance is demonstrated if the sum of the actual emissions is less 
than the emissions estimated in accordance with paragraph (c)(2) of this 
section.
    (3) For control devices, establish operating limits and monitor as 
specified in Sec. 63.8000.
    (e) Recordkeeping and reporting. Comply with Sec. Sec. 63.8070, 
63.8075, and 63.8080.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005]



Sec. 63.8055  How do I comply with a weight percent HAP limit in coating 

products?

    (a) As an alternative to complying with the requirements in Table 1 
to this subpart for each individual stationary process vessel at an 
existing source, you may elect to comply with a 5 weight percent HAP 
limit for process vessels at your affected source that are used to 
manufacture coatings with a HAP content of less than 0.05 kg per kg 
product as specified in paragraph (b) of this section.
    (b) You may only comply with the alternative during the production 
of coatings that contain less than 5 weight percent HAP, as determined 
using any of the procedures specified in paragraphs (b)(1) through (4) 
of this section.
    (1) Method 311 (appendix A to 40 CFR part 63).
    (2) Method 24 (appendix A to 40 CFR part 60). You may use Method 24 
to determine the mass fraction of volatile matter and use that value as 
a substitute for the mass fraction of HAP.
    (3) You may use an alternative test method for determining mass 
fraction of HAP if you obtain prior approval by the Administrator. You 
must follow the procedure in Sec. 63.7(f) to submit an alternative test 
method for approval.
    (4) You may rely on formulation data from raw material suppliers if 
it represents each organic HAP that is present at 0.1 percent by mass or 
more for OSHA-defined carcinogens, as specified in 29 CFR 
1910.1200(d)(4), and at 1.0 percent by mass or more for other compounds. 
If the HAP weight percent estimated based on formulation data conflicts 
with the results of a test conducted according to paragraphs (b)(1) 
through (3) of this section, then there is a rebuttal presumption that 
the test results are accurate unless, after consultation, you 
demonstrate to the satisfaction of the permitting authority that the 
test results are not accurate and that the formulation data are more 
appropriate.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005; 70 
FR 75927, Dec. 21, 2005]

                   Notification, Reports, and Records



Sec. 63.8070  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(e), (f)(4) and (6), 63.9(b) 
through (h) that apply to you by the dates specified.
    (b) Initial notification. (1) As specified in Sec. 63.9(b)(2), if 
you have an existing affected source on December 11, 2003, you must 
submit an initial notification not later than 120 calendar days after 
December 11, 2003.
    (2) As specified in Sec. 63.9(b)(3), if you start up your new 
affected source on or after December 11, 2003, you must submit an 
initial notification not later than 120 calendar days after you become 
subject to this subpart.
    (c) Notification of performance test. If you are required to conduct 
a performance test, you must submit a notification of intent to conduct 
a performance test at least 60 calendar days before the performance test 
is scheduled to begin as required in Sec. 63.7(b)(1). For any 
performance test required as part of the initial compliance procedures 
for process vessels in Table 1 to this subpart, you must also submit the 
test plan required by Sec. 63.7(c) and the emission profile with the 
notification of the performance test.



Sec. 63.8075  What reports must I submit and when?

    (a) You must submit each report in Table 9 to this subpart that 
applies to you.

[[Page 276]]

    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
as specified in Table 9 to this subpart and paragraphs (b)(1) and (2) of 
this section.
    (1) The compliance reports must be submitted semiannually. The first 
report must be submitted no later than 240 days after the applicable 
compliance date and shall cover the 6-month period beginning on the 
compliance date. Each subsequent compliance report must cover the 6-
month period following the preceding period.
    (2) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in Table 9.
    (c) Precompliance report. You must submit a precompliance report to 
request approval of any of the information in paragraphs (c)(1) through 
(4) of this section. We will either approve or disapprove the report 
within 90 days after we receive it. If we disapprove the report, you 
must still be in compliance with the emission limitations and work 
practice standards in this subpart by the compliance date.
    (1) Requests for approval to set operating limits for parameters 
other than those specified in Sec. Sec. 63.8005 through 63.8025, 
including parameters for enhanced biological treatment units. 
Alternatively, you may make these requests according to Sec. 63.8(f).
    (2) Descriptions of daily or per batch demonstrations to verify that 
control devices subject to Sec. 63.8000(d)(3) are operating as 
designed.
    (3) A description of the test conditions, data, calculations, and 
other information used to establish operating limits according to Sec. 
63.8005(e)(1).
    (4) If you comply with emissions averaging in Sec. 63.8050, the 
data and results of emission calculations as specified in Sec. 
63.8050(c)(1) through (3), and rationale for why the sum of actual 
emissions will be less than the sum of emissions if the process vessels 
were controlled in accordance with Table 1 to this subpart as specified 
in Sec. 63.8050(c)(4).
    (d) Notification of compliance status report. You must submit a 
notification of compliance status report according to the schedule in 
paragraph (d)(2) of this section, and the notification of compliance 
status report must include the information specified in paragraph (d)(2) 
of this section.
    (1) You must submit the notification of compliance status report no 
later than 150 days after the applicable compliance date specified in 
Sec. 63.7995.
    (2) The notification of compliance status report must include the 
information in paragraphs (d)(3)(i) through (vi) of this section.
    (i) The results of any applicability determinations (e.g., HAP 
content of coating products; halogenated vent stream determinations; 
group determinations for storage tanks, wastewater, and transfer 
operations; and equipment that is in organic HAP service).
    (ii) The results of performance tests, engineering analyses, design 
evaluations, flare compliance assessments, inspections and repairs, and 
calculations used to demonstrate initial compliance according to 
Sec. Sec. 63.8005 through 63.8025 and 63.8055. For performance tests, 
results must include descriptions of sampling and analysis procedures 
and quality assurance procedures.
    (iii) Descriptions of monitoring devices, monitoring frequencies, 
and the operating limits established during the initial compliance 
demonstrations, including data and calculations to support the levels 
you establish.
    (iv) Identification of parts of the affected source that are subject 
to overlapping requirements described in Sec. 63.8090 and the authority 
under which you will comply.
    (v) Identify storage tanks for which you are complying with the 
vapor balancing alternative in Sec. 63.8010(e).
    (vi) If you transfer Group 1 wastewater stream to an offsite 
facility for treatment, include the name and location of the transferee 
and a description of the Group 1 wastewater stream that is sent to the 
treatment facility. If the

[[Page 277]]

offsite facility provides enhanced biological treatment, also include 
the certification required by Sec. 63.8020(d) that the offsite facility 
will comply with the requirements of this subpart.
    (e) Compliance report. The compliance report must contain the 
information specified in paragraphs (e)(1) through (8) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) Applicable records and information for periodic reports as 
specified in referenced subparts F, SS, TT, UU, and WW of this part 63.
    (5) For each SSM during which excess emissions occur, the compliance 
report must include the information specified in paragraphs (e)(5)(i) 
and (ii) of this section.
    (i) Records that the procedures specified in your startup, shutdown, 
and malfunction plan (SSMP) were followed or documentation of actions 
taken that are not consistent with the SSMP.
    (ii) A description of each malfunction.
    (6) The compliance report must contain the information on 
deviations, as defined in Sec. 63.8105, according to paragraphs 
(e)(6)(i), (ii), and (iii) of this section.
    (i) If there are no deviations from any emission limit, operating 
limit, or work practice standard specified in this subpart, include a 
statement that there were no deviations from the emission limits, 
operating limits, or work practice standards during the reporting 
period.
    (ii) For each deviation from an emission limit, operating limit, and 
work practice standard that occurs at an affected source where you are 
not using a continuous monitoring system (CMS) to comply with the 
emission limit or work practice standards in this subpart, you must 
include the information in paragraphs (e)(6)(ii)(A) through (C) of this 
section.
    (A) The total operating time of each affected source during the 
reporting period.
    (B) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (C) Operating logs for the day(s) during which the deviation 
occurred, except operating logs are not required for deviations of the 
work practice standards for equipment leaks.
    (iii) For each deviation from an emission limit or operating limit 
occurring at an affected source where you are using a CMS to comply with 
the emission limit in this subpart, you must include the information in 
paragraphs (e)(6)(iii)(A) through (K) of this section. This includes 
periods of SSM.
    (A) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (B) The date, time, and duration that each CEMS was out-of-control, 
including the information in Sec. 63.8(c)(8).
    (C) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (D) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (E) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (F) A summary of the total duration of CMS downtime during the 
reporting period, and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (G) An identification of each HAP that is known to be in the 
emission stream or wastewater stream, as applicable.
    (H) A description of the product being produced.
    (I) Identification of the CMS.
    (J) The date of the latest CMS certification or audit.
    (K) The operating day or operating block average values of monitored 
parameters for each day(s) during which the deviation occurred.

[[Page 278]]

    (7) If you use a CEMS, and there were no periods during which it was 
out-of-control as specified in Sec. 63.8(c)(7), include a statement 
that there were no periods during which the CEMS was out-of-control 
during the reporting period.
    (8) Notification of process change. (i) Except as specified in 
paragraph (e)(8)(ii) of this section, whenever you change any of the 
information submitted in either the notification of compliance status 
report or any previously reported change to the notification of 
compliance status report, you must document the change in your 
compliance report. The notification must include all of the information 
in paragraphs (e)(8)(i)(A) and (B) of this section.
    (A) Revisions to any of the information reported in the original 
notification of compliance status report under paragraph (d) of this 
section.
    (B) Information required by the notification of compliance status 
report under paragraph (d) of this section for changes involving the 
addition of processes or equipment at the affected source.
    (ii) You must submit a report 60 days before the scheduled 
implementation date of any of the changes identified in paragraphs 
(e)(8)(ii)(A), (B), or (C) of this section.
    (A) Any change to the information contained in either the 
precompliance report or any previously reported change to the 
precompliance report.
    (B) A change in the status of a control device from small to large.
    (C) A change in compliance status.



Sec. 63.8080  What records must I keep?

    You must keep the records specified in paragraphs (a) through (g) of 
this section.
    (a) Each applicable record required by subpart A of this part 63 and 
in referenced subparts SS, TT, UU, and WW of this part 63.
    (b) If complying with emissions averaging, records of the monthly 
number of batches for each process vessel, the quarterly actual 
emissions for each process vessel, the quarterly estimated emissions for 
each process vessel if it had been controlled as specified in Table 1 to 
this subpart, and comparison of the sums of the quarterly actual and 
estimated emissions as specified in Sec. 63.8050(d).
    (c) A record of each time a safety device is opened to avoid unsafe 
conditions in accordance with Sec. 63.8000(b)(2).
    (d) Records of the results of each CPMS calibration check and the 
maintenance performed, as specified in Sec. 63.8000(d)(5).
    (e) For each CEMS, you must keep the records of the date and time 
that each deviation started and stopped, and whether the deviation 
occurred during a period of startup, shutdown, or malfunction or during 
another period.
    (f) In the SSMP required by Sec. 63.6(e)(3), you are not required 
to include Group 2 or non-affected emission points. For equipment leaks 
only, the SSMP requirement is limited to control devices and is optional 
for other equipment.
    (g) If you establish separate operating limits as allowed in Sec. 
63.8005(e), you must maintain a log of operation or a daily schedule 
indicating the time when you change from one operating limit to another.

                   Other Requirements and Information



Sec. 63.8090  What compliance options do I have if part of my plant is subject 

to both this subpart and another subpart?

    (a) Compliance with 40 CFR parts 264 and 265, subparts AA, BB, and/
or CC. (1) After the compliance dates specified in Sec. 63.7995, if a 
control device that you use to comply with this subpart is also subject 
to monitoring, recordkeeping, and reporting requirements in 40 CFR part 
264, subpart AA, BB, or CC; or the monitoring and recordkeeping 
requirements in 40 CFR part 265, subpart AA, BB, or CC; and you comply 
with the periodic reporting requirements under 40 CFR part 264, subpart 
AA, BB, or CC that would apply to the device if your facility had final-
permitted status, you may elect to comply either with the monitoring, 
recordkeeping, and reporting requirements of this subpart; or with the 
monitoring and recordkeeping requirements in 40 CFR part 264 or 265 and 
the reporting requirements in 40 CFR part 264, as described in this 
paragraph (a), which constitute compliance with the monitoring, 
recordkeeping,

[[Page 279]]

and reporting requirements of this subpart. If you elect to comply with 
the monitoring, recordkeeping, and reporting requirements in 40 CFR 
parts 264 and/or 265, you must report the information required for the 
compliance report in Sec. 63.8075(e), and you must identify in the 
notification of compliance status report required by Sec. 63.8075(d) 
the monitoring, recordkeeping, and reporting authority under which you 
will comply.
    (2) After the compliance dates specified in this section, if any 
equipment at an affected source that is subject to this subpart is also 
subject to 40 CFR part 264, subpart BB or to 40 CFR part 265, subpart 
BB, then compliance with the recordkeeping and reporting requirements of 
40 CFR part 264 and/or 265 may be used to comply with the recordkeeping 
and reporting requirements of Sec. 63.1255, to the extent that the 
requirements of 40 CFR part 264 and/or 265 duplicate the requirements of 
this subpart. You must identify in the notification of compliance status 
report required by Sec. 63.8075(d) if you will comply with the 
recordkeeping and reporting authority under 40 CFR part 264 and/or 265.
    (b) Compliance with 40 CFR part 60, subpart Kb. After the compliance 
dates specified in Sec. 63.7995, you are in compliance with this 
subpart for any storage tank that is assigned to miscellaneous coating 
manufacturing operations and that is both controlled with a floating 
roof and in compliance with the provisions of 40 CFR part 60, subpart 
Kb. You are in compliance with this subpart if you have a storage tank 
with a fixed roof, closed-vent system, and control device in compliance 
with 40 CFR part 60, subpart Kb, you must comply with the monitoring, 
recordkeeping, and reporting requirements in this subpart. You must also 
identify in your notification of compliance status report required by 
Sec. 63.8075(d) which storage tanks are in compliance with 40 CFR part 
60, subpart Kb.
    (c) Compliance with 40 CFR part 63, subpart FFFF. After the 
compliance dates specified in Sec. 63.7995, an affected source under 
this subpart HHHHH that includes equipment that is also part of an 
affected source under 40 CFR part 63, subpart FFFF is deemed in 
compliance with this subpart HHHHH if all of the conditions specified in 
paragraphs (c)(1) through (5) of this section are met.
    (1) Equipment used for both miscellaneous coating manufacturing 
operations and as part of a miscellaneous organic chemical manufacturing 
process unit (MCPU), as defined in Sec. 63.2435, must be part of a 
process unit group developed in accordance with the provisions in Sec. 
63.2535(l).
    (2) For the purposes of complying with Sec. 63.2535(l), a 
miscellaneous coating manufacturing ``process unit'' consists of all 
coating manufacturing equipment that is also part of an MCPU in the 
process unit group. All miscellaneous coating manufacturing operations 
that are not part of a process unit group must comply with the 
requirements of this subpart HHHHH.
    (3) The primary product for a process unit group that includes 
miscellaneous coating manufacturing equipment must be organic chemicals 
as described in Sec. 63.2435(b)(1).
    (4) The process unit group must be in compliance with the 
requirements in 40 CFR part 63, subpart FFFF as specified in Sec. 
63.2535(l)(3)(i) no later than the applicable compliance dates specified 
in Sec. 63.2445.
    (5) You must include in the notification of compliance status report 
required in Sec. 63.8070(d) the records as specified in Sec. 
63.2535(l)(1) through (3).

[68 FR 69185, Dec. 11, 2003, as amended at 71 FR 58503, Oct. 4, 2006]



Sec. 63.8095  What parts of the General Provisions apply to me?

    Table 10 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.8100  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (U.S. EPA), or a delegated authority 
such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency also has the authority to implement and enforce 
this subpart. You should contact your U.S. EPA Regional Office to find 
out if

[[Page 280]]

this subpart is delegated to your 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 (4) of 
this section are retained by the Administrator of U.S. EPA and are not 
delegated to the State, local, or tribal agency.
    (1) Approval of alternatives to the non-opacity emission limits and 
work practice standards in Sec. 63.8000(a) 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. 63.8105  What definitions apply to this subpart?

    (a) For an affected source complying with the requirements in 
subpart SS of this part 63, the terms used in this subpart and in 
subpart SS of this part 63 have the meaning given them in Sec. 63.981, 
except as specified in Sec. Sec. 63.8000(d)(5)(ii) and (7), 
63.8010(c)(2), 63.8025(b), and paragraph (g) of this section.
    (b) For an affected source complying with the requirements in 
subpart TT of this part 63, the terms used in this subpart and in 
subpart TT of this part 63 have the meaning given them in Sec. 63.1001.
    (c) For an affected source complying with the requirements in 
subpart UU of this part 63, the terms used in this subpart and in 
subpart UU of this part 63 have the meaning given them in Sec. 63.1020.
    (d) For an affected source complying with the requirements in 
subpart WW of this part 63, the terms used in this subpart and subpart 
WW of this part 63 have the meaning given them in Sec. 63.1061, except 
as specified in Sec. Sec. 63.8000(d)(7), 63.8010(c)(2), and paragraph 
(g) of this section.
    (e) For an affected source complying with requirements in Sec. Sec. 
63.1253, 63.1257, and 63.1258, the terms used in this subpart and in 
Sec. Sec. 63.1253, 63.1257, and 63.1258 have the meaning given them in 
Sec. 63.1251, except as specified in Sec. 63.8000(d)(7) and paragraph 
(g) of this section.
    (f) For an affected source complying with the requirements of Sec. 
63.104, the terms used in this subpart and in Sec. 63.104 have the 
meaning given them in Sec. 63.101, except as specified in Sec. 
63.8000(d)(7) and paragraph (g) of this section.
    (g) All other terms used in this subpart are defined in the CAA, in 
40 CFR 63.2, and in this paragraph (g). If a term is defined in Sec. 
63.2, Sec. 63.981, Sec. 63.1001, Sec. 63.1020, Sec. 63.1061, or 
Sec. 63.1251 and in this paragraph (g), the definition in this 
paragraph (g) applies for the purposes of this subpart.
    Bulk loading means the loading, into a tank truck or rail car, of 
liquid coating products that contain one or more of the organic HAP, as 
defined in section 112 of the CAA, from a loading rack. A loading rack 
is the system used to fill tank trucks and railcars at a single 
geographic site.
    Coating means a material such as paint, ink, or adhesive that is 
intended to be applied to a substrate and consists of a mixture of 
resins, pigments, solvents, and/or other additives, where the material 
is produced by a manufacturing operation where materials are blended, 
mixed, diluted, or otherwise formulated. Coating does not include 
materials made in processes where a formulation component is synthesized 
by chemical reaction or separation activity and then transferred to 
another vessel where it is formulated to produce a material used as a 
coating, where the synthesized or separated component is not stored 
prior to formulation. Typically, coatings include products described by 
the following North American Industry Classification System (NAICS) 
codes, code 325510, Paint and Coating Manufacturing, code 325520, 
Adhesive and Sealant Manufacturing, and code 325910, Ink Manufacturing.
    Construction means the onsite fabrication, erection, or installation 
of an affected source. Addition of new equipment to an affected source 
does not constitute construction, but it may

[[Page 281]]

constitute reconstruction of the affected source if it satisfies the 
definition of reconstruction in Sec. 63.2.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limit, operating 
limit, or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limit, operating limit, or work 
practice standard in this subpart during startup, shutdown, or 
malfunction, regardless of whether or not such failure is permitted by 
this subpart.
    Enhanced biological treatment system means an aerated, thoroughly 
mixed treatment unit(s) that contains biomass suspended in water 
followed by a clarifier that removes biomass from the treated water and 
recycles recovered biomass to the aeration unit. The mixed liquor 
volatile suspended solids (biomass) is greater than 1 kilogram per cubic 
meter throughout each aeration unit. The biomass is suspended and 
aerated in the water of the aeration unit(s) either by submerged air 
flow or mechanical agitation. A thoroughly mixed treatment unit is a 
unit that is designed and operated to approach or achieve uniform 
biomass distribution and organic compound concentration throughout the 
aeration unit by quickly dispersing the recycled biomass and the 
wastewater entering the unit.
    Excess emissions means emissions greater than those allowed by the 
emission limit.
    Group 1a storage tank means a storage tank at an existing source 
with a capacity greater than or equal to 20,000 gal storing material 
that has a maximum true vapor pressure of total organic HAP greater than 
or equal to 1.9 pounds per square inch, absolute (psia). Group 1a 
storage tank also means a storage tank at a new source with either a 
capacity greater than or equal to 25,000 gal storing material that has a 
maximum true vapor pressure of total HAP greater than or equal to 0.1 
psia or a capacity greater than or equal to 20,000 gal and less than 
25,000 gal storing material that has a maximum true vapor pressure of 
total HAP greater than or equal to 1.5 psia.
    Group 1b storage tank means a storage tank at a new source that has 
a capacity greater than or equal to 10,000 gal, stores material that has 
a maximum true vapor pressure of total organic HAP greater than or equal 
to 0.02 psia, and is not a Group 1a storage tank.
    Group 2 storage tank means a storage tank that does not meet the 
definition of a Group 1a or Group 1b storage tank.
    Group 1 transfer operations means all bulk loading of coating 
products if the coatings contain greater than or equal to 3.0 million 
gallons per year (gal/yr) of HAP with a weighted average HAP partial 
pressure greater than or equal to 1.5 psia.
    Group 2 transfer operations means bulk loading of coating products 
that does not meet the definition of Group 1 transfer operations, and 
all loading of coating products from a loading rack to other types of 
containers such as cans, drums, and totes.
    Group 1 wastewater stream means a wastewater stream that contains 
total partially soluble and soluble HAP at an annual average 
concentration greater than or equal to 4,000 parts per million by weight 
(ppmw) and load greater than or equal to 750 pounds per year (lb/yr) at 
an existing source or greater than or equal to 1,600 ppmw and any 
partially soluble and soluble HAP load at a new source.
    Group 2 wastewater stream means a wastewater stream that does not 
meet the definition of a Group 1 wastewater stream.
    Halogenated vent stream means a vent stream determined to contain 
halogen atoms in organic compounds at a concentration greater than or 
equal to 20 ppmv as determined by the procedures specified in Sec. 
63.8000(b).
    Hydrogen halide and halogen HAP means hydrogen chloride, chlorine, 
and hydrogen fluoride.
    In organic HAP service means that a piece of equipment either 
contains or contacts a fluid (liquid or gas) that is

[[Page 282]]

at least 5 percent by weight of total organic HAP as determined 
according to the provisions of Sec. 63.180(d). The provisions of Sec. 
63.180(d) also specify how to determine that a piece of equipment is not 
in organic HAP service.
    Large control device means a control device that controls total HAP 
emissions of greater than or equal to 10 tpy, before control.
    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, Evaporative Loss From External Floating-Roof 
Tanks (incorporated by reference as specified in Sec. 63.14 of subpart 
A of this part 63); 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.
    Partially soluble HAP means HAP listed in Table 7 of this subpart.
    Point of determination (POD) means each point where process 
wastewater exits the miscellaneous coating operations.

    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 partially soluble and soluble HAP compounds 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 HAP.

    Process vessel means any stationary or portable tank or other vessel 
with a capacity greater than or equal to 250 gal and in which mixing, 
blending, diluting, dissolving, temporary holding, and other processing 
steps occur in the manufacturing of a coating.
    Process vessel vent means a vent from a process vessel or vents from 
multiple process vessels that are manifolded together into a common 
header, through which a HAP-containing gas stream is, or has the 
potential to be, released to the atmosphere. Emission streams that are 
undiluted and uncontrolled containing less than 50 ppmv HAP, as 
determined through process knowledge that no HAP are present in the 
emission stream or using an engineering assessment as discussed in Sec. 
63.1257(d)(2)(ii), test data using Method 18 of 40 CFR part 60, appendix 
A, or any other test method that has been validated according to the 
procedures in Method 301 of appendix A of this part, are not considered 
process vessel vents. Flexible elephant trunk systems when used with 
closed vent systems and drawing ambient air (i.e., the system is not 
ducted, piped, or otherwise connected to the unit operations) away from 
operators when vessels are opened are not process vessel vents. Process 
vessel vents do not include vents on storage tanks, wastewater emission 
sources, or pieces of equipment subject to the requirements in Table 3 
of this subpart. A gas stream going to a fuel gas system is not a 
process vessel vent. A gas stream routed to a process for a process 
purpose is not a process vessel vent.
    Recovery device, as used in the wastewater provisions, means an 
individual unit of equipment 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 organic removal devices such as 
decanters, strippers, or thin-film evaporation units. To be a recovery 
device, a decanter and any other equipment based on the operating 
principle of gravity separation must receive only multi-phase liquid 
streams. A recovery device

[[Page 283]]

is considered part of the miscellaneous coating manufacturing 
operations.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purposes 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 response 
to normal daily diurnal ambient temperature fluctuations. A safety 
device is designed to remain in a closed position during normal 
operations and open only when the internal pressure, or another relevant 
parameter, exceeds the device threshold setting applicable to the air 
emission control equipment as determined by the owner or operator based 
on manufacturer recommendations, applicable regulations, fire protection 
and prevention codes and practices, or other requirements for the safe 
handling of flammable, combustible, explosive, reactive, or hazardous 
materials.
    Shutdown means the cessation of operation of an affected source, any 
process vessels within an affected source, or equipment required or used 
to comply with this subpart if steps taken to cease operation differ 
from those under routine procedures for removing the vessel or equipment 
from service. Shutdown also applies to the emptying and degassing of 
storage tanks.
    Small control device means a control device that controls total HAP 
emissions of less than 10 tpy, before control.
    Soluble HAP means the HAP listed in Table 8 of this subpart.
    Startup means the setting in operation of a new affected source. For 
new equipment added to an affected source, including equipment required 
or used to comply with this subpart, startup means the first time the 
equipment is put into operation. Startup includes the setting in 
operation of equipment any time the steps taken differ from routine 
procedures for putting the equipment into operation.
    Storage tank means a tank or other vessel that is used to store 
organic liquids that contain one or more HAP as raw material feedstocks 
or products. The following are not considered storage tanks for the 
purposes of this subpart:
    (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 storing organic liquids that contain HAP only as 
impurities;
    (4) Wastewater storage tanks; and
    (5) Process vessels.
    Total organic compounds or (TOC) means the total gaseous organic 
compounds (minus methane and ethane) in a vent stream.
    Wastewater storage tank means a stationary structure that is 
designed to contain an accumulation of wastewater and is constructed 
primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) 
which provide structural support.
    Wastewater stream means water that is discarded from miscellaneous 
coating manufacturing operations through a POD, and that contains an 
annual average concentration of total partially soluble and soluble HAP 
compounds of at least 1,600 ppmw at any flow rate. For the purposes of 
this subpart, noncontact cooling water is not considered a wastewater 
stream.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005; 71 
FR 58503, Oct. 4, 2006]

[[Page 284]]



   Sec. Table 1 to Subpart HHHHH of Part 63--Emission Limits and Work 
                 Practice Standards for Process Vessels

    As required in Sec. 63.8005, you must meet each emission limit and 
work practice standard in the following table that applies to your 
process vessels.

------------------------------------------------------------------------
                                                      And you must . . .
         For each . . .             You must . . .
------------------------------------------------------------------------
1. Portable process vessel at an  a. Equip the        Nonapplicable.
 existing source.                  vessel with a
                                   cover or lid that
                                   must be in place
                                   at all times when
                                   the vessel
                                   contains a HAP,
                                   except for
                                   material
                                   additions and
                                   sampling.
------------------------------------------------------------------------
2. Stationary process vessel at   a. Equip the        i. Considering
 an existing source.               vessel with a       both capture and
                                   cover or lid that   any combination
                                   must be in place    of control
                                   at all times when   (except a flare),
                                   the vessel          reduce emissions
                                   contains a HAP,     of organic HAP
                                   except for          with a vapor
                                   material            existing pressure
                                   additions and       =0.6
                                   sampling; or        kPa by =75 percent by
                                                       weight, and
                                                       reduce emissions
                                                       of organic HAP
                                                       with a vapor
                                                       pressure <0.6 kPa
                                                       by =60
                                                       percent by
                                                       weight.
                                  b. Equip the        i. Reduce
                                   vessel with a       emissions of
                                   tightly fitting     organic HAP with
                                   vented cover or     a vapor pressure
                                   lid that must be    =0.6
                                   closed at all       kPa by =75 percent by
                                   vessel contains     weight, and
                                   HAP, except for     reduce emissions
                                   material            of organic HAP
                                   additions and       with a vapor
                                   sampling.           pressure <0.6 kPa
                                                       by =60
                                                       percent by
                                                       weight, by
                                                       venting emissions
                                                       through a closed-
                                                       vent system to
                                                       any combination
                                                       of control
                                                       devices (except a
                                                       flare); or
                                                      ii. Reduce
                                                       emissions of
                                                       total organic HAP
                                                       by venting
                                                       emissions from a
                                                       non-halogenated
                                                       vent stream
                                                       through a closed-
                                                       vent system to a
                                                       flare; or
                                                      iii. Reduce
                                                       emissions of
                                                       total organic HAP
                                                       by venting
                                                       emissions through
                                                       a closed-vent
                                                       system to a
                                                       condenser that
                                                       reduces the
                                                       outlet gas
                                                       temperature to:
------------------------------------------------------------------------
                                                      <10 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure <0.6
                                                       kPa, or
                                                      <2 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure =0.6 kPa and
                                                       <17.2 kPa, or
                                                      <-5 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure =17.2 kPa.
3. Portable and stationary        a. Equip the        i. Reduce
 process vessel at a new source.   vessel with a       emissions of
                                   tightly fitting     total organic HAP
                                   vented cover or     by =95
                                   lid that must be    percent by weight
                                   closed at all       by venting
                                   times when the      emissions through
                                   vessel contains     a closed-vent
                                   HAP, except for     system to any
                                   material            combination of
                                   additions and       control devices
                                   sampling.           (except a flare);
                                                       or
                                                      ii. Reduce
                                                       emissions of
                                                       total organic HAP
                                                       by venting
                                                       emissions from a
                                                       non-halogenated
                                                       vent stream
                                                       through a closed-
                                                       vent system to a
                                                       flare; or
                                                      iii. Reduce
                                                       emissions of
                                                       total organic HAP
                                                       by venting
                                                       emissions through
                                                       a closed-vent
                                                       system to a
                                                       condenser that
                                                       reduces the
                                                       outlet gas
                                                       temperature to:
                                                      <-4 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure <0.7
                                                       kPa, or
------------------------------------------------------------------------
                                                      <-20 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure =0.7 kPa and
                                                       <17.2 kPa, or
                                                      <-30 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure =17.2 kPa.

[[Page 285]]

 
4. Halogenated vent steam from a  a. Use a halogen    i. Reduce overall
 process vessel subject to the     reduction device    emissions of
 requirements of item 2 or 3 of    after the           hydrogen halide
 this table for which you use a    combustion          and halogen HAP
 combustion control device to      control device;     by =95
 control organic HAP emissions.    or                  percent; or
                                                      ii. Reduce overall
                                                       emissions of
                                                       hydrogen halide
                                                       and halogen HAP
                                                       to <=0.45
                                                       kilogram per hour
                                                       (kg/hr).
                                  b. Use a halogen    Reduce the halogen
                                   reduction device    atom mass
                                   before the          emission rate to
                                   combustion          <=0.45 kg/hr.
                                   control device.
------------------------------------------------------------------------


[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005]



 Sec. Table 2 to Subpart HHHHH of Part 63--Emission Limits for Storage 
                                  Tanks

    As required in Sec. 63.8010, you must meet each emission limit in 
the following table that applies to your storage tanks.

------------------------------------------------------------------------
        For each . . .                    Then you must . . .
------------------------------------------------------------------------
1. Group 1a storage tank.....  a. Comply with the requirements of
                                subpart WW of this part, except as
                                specified in Sec.  63.8010(b); or
                               b. Reduce total organic HAP emissions
                                from the storage tank by =90
                                percent by weight by venting emissions
                                through a closed-vent system to any
                                combination of control devices
                                (excluding a flare); or
                               c. Reduce total organic HAP emissions
                                from the storage tank by venting
                                emissions from a non-halogenated vent
                                stream through a closed-vent system to a
                                flare.
------------------------------------------------------------------------
2. Group 1b storage tank.....  a. Comply with the requirements of
                                subpart WW of this part, except as
                                specified in Sec.  63.8010(b); or
                               b. Reduce total organic HAP emissions
                                from the storage tank by =80
                                percent by weight by venting emissions
                                through a closed-vent system to any
                                combination of control devices
                                (excluding a flare); or
                               c. Reduce total organic HAP emissions
                                from the storage tank by venting
                                emissions from a non-halogenated vent
                                stream through a closed-vent system to a
                                flare.
------------------------------------------------------------------------



  Sec. Table 3 to Subpart HHHHH of Part 63--Requirements for Equipment 
                                  Leaks

    As required in Sec. 63.8015, you must meet each requirement in the 
following table that applies to your equipment leaks.

------------------------------------------------------------------------
        For all . . .                        You must . . .
------------------------------------------------------------------------
1. Equipment that is in        a. Comply with the requirements in Sec.
 organic HAP service at an      Sec.  63.424(a) through (d) and
 existing source.               63.428(e), (f), and (h)(4), except as
                                specified in Sec.  63.8015(b); or
                               b. Comply with the requirements of
                                subpart TT of this part; or
                               c. Comply with the requirements of
                                subpart UU of this part, except as
                                specified in Sec.  63.8015(c) and (d).
------------------------------------------------------------------------
2. Equipment that is in        a. Comply with the requirements of
 organic HAP service at a new   subpart TT of this part; or
 source.                       b. Comply with the requirements of
                                subpart UU of this part, except as
                                specified in Sec.  63.8015(c) and (d).
------------------------------------------------------------------------


[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69021, Nov. 29, 2006]



   Sec. Table 4 to Subpart HHHHH of Part 63--Emission Limits and Work 
                Practice Standards for Wastewater Streams

    As required in Sec. 63.8020, you must meet each emission limit and 
work practice standard in the following table that applies to your 
wastewater streams.

------------------------------------------------------------------------
        For each . . .                       You must . . .
------------------------------------------------------------------------
1. Wastewater tank used to     Maintain a fixed roof, which may have
 store a Group 1 wastewater     openings necessary for proper venting of
 stream.                        the tank, such as pressure/vacuum vent
                                or j-pipe vent.
------------------------------------------------------------------------
2. Group 1 wastewater stream.  a. Convey using hard-piping and treat the
                                wastewater as a hazardous waste in
                                accordance with 40 CFR part 264, 265, or
                                266 either onsite or offsite; or
                               b. If the wastewater contains <50 ppmw of
                                partially soluble HAP, you may elect to
                                treat the wastewater in an enhanced
                                biological treatment system that is
                                located either onsite or offsite.
------------------------------------------------------------------------


[[Page 286]]



   Sec. Table 5 to Subpart HHHHH of Part 63--Emission Limits and Work 
               Practice Standards for Transfer Operations

    As required in Sec. 63.8025, you must meet each emission limit and 
work practice standard in the following table that applies to your 
transfer operations.

------------------------------------------------------------------------
        For each . . .                      You must. . . .
------------------------------------------------------------------------
1. Group 1 transfer operation  a. Reduce emissions of total organic HAP
 vent stream.                   by =75 percent by weight by
                                venting emissions through a closed-vent
                                system to any combination of control
                                devices (except a flare); or
                               b. Reduce emissions of total organic HAP
                                by venting emissions from a non-
                                halogenated vent stream through a closed-
                                vent system to a flare; or
                               c. Use a vapor balancing system designed
                                and operated to collect organic HAP
                                vapors displaced from tank trucks and
                                railcars during loading and route the
                                collected HAP vapors to the storage tank
                                from which the liquid being loaded
                                originated or to another storage tank
                                connected by a common header.
------------------------------------------------------------------------
2. Halogenated Group 1         a. Use a halogen reduction device after
 transfer operation vent        the combustion device to reduce
 stream for which you use a     emissions of hydrogen halide and halogen
 combustion device to control   HAP by =95 percent by weight
 organic HAP emissions.         or to <=0.45 kg/hr; or
                               b. Use a halogen reduction device before
                                the combustion device to reduce the
                                halogen atom mass emission rate to
                                <=0.45 kg/hr.
------------------------------------------------------------------------



Sec. Table 6 to Subpart HHHHH of Part 63--Requirements for Heat Exchange 
                                 Systems

    As required in Sec. 63.8030, you must meet each requirement in the 
following table that applies to your heat exchange systems.

------------------------------------------------------------------------
        For each . . .                       You must . . .
------------------------------------------------------------------------
Heat exchange system, as       Comply with the requirements in Sec.
 defined in Sec.  63.101.      63.104, except as specified in Sec.
                                63.8030.
------------------------------------------------------------------------



 Sec. Table 7 to Subpart HHHHH of Part 63--Partially Soluble Hazardous 
                             Air Pollutants

    As specified in Sec. 63.8020, the partially soluble HAP in 
wastewater that are subject to management and treatment requirements in 
this subpart are listed in the following table:

------------------------------------------------------------------------
                    Chemical name . . .                        CAS No.
------------------------------------------------------------------------
1. 1,1,1-Trichloroethane (methyl chloroform)...............        71556
2. 1,1,2,2-Tetrachloroethane...............................        79345
3. 1,1,2-Trichloroethane...................................        79005
4. 1,1-Dichloroethylene (vinylidene chloride)..............        75354
5. 1,2-Dibromoethane.......................................       106934
6. 1,2-Dichloroethane (ethylene dichloride)................       107062
7. 1,2-Dichloropropane.....................................        78875
8. 1,3-Dichloropropene.....................................       542756
9. 2,4,5-Trichlorophenol...................................        95954
10. 2-Butanone (MEK).......................................        78933
11. 1,4-Dichlorobenzene....................................       106467
12. 2-Nitropropane.........................................        79469
13. 4-Methyl-2-pentanone (MIBK)............................       108101
14. Acetaldehyde...........................................        75070
15. Acrolein...............................................       107028
16. Acrylonitrile..........................................       107131
17. Allyl chloride.........................................       107051
18. Benzene................................................        71432
19. Benzyl chloride........................................       100447
20. Biphenyl...............................................        92524
21. Bromoform (tribromomethane)............................        75252
22. Bromomethane...........................................        74839
23. Butadiene..............................................       106990
24. Carbon disulfide.......................................        75150
25. Chlorobenzene..........................................       108907
26. Chloroethane (ethyl chloride)..........................        75003
27. Chloroform.............................................        67663
28. Chloromethane..........................................        74873
29. Chloroprene............................................       126998
30. Cumene.................................................        98828

[[Page 287]]

 
31. Dichloroethyl ether....................................       111444
32. Dinitrophenol..........................................        51285
33. Epichlorohydrin........................................       106898
34. Ethyl acrylate.........................................       140885
35. Ethylbenzene...........................................       100414
36. Ethylene oxide.........................................        75218
37. Ethylidene dichloride..................................        75343
38. Hexachlorobenzene......................................       118741
39. Hexachlorobutadiene....................................        87683
40. Hexachloroethane.......................................        67721
41. Methyl methacrylate....................................        80626
42. Methyl-t-butyl ether...................................      1634044
43. Methylene chloride.....................................        75092
44. N-hexane...............................................       110543
45. N,N-dimethylaniline....................................       121697
46. Naphthalene............................................        91203
47. Phosgene...............................................        75445
48. Propionaldehyde........................................       123386
49. Propylene oxide........................................        75569
50. Styrene................................................       100425
51. Tetrachloroethylene (perchloroethylene)................       127184
52. Tetrachloromethane (carbon tetrachloride)..............        56235
53. Toluene................................................       108883
54. Trichlorobenzene (1,2,4-)..............................       120821
55. Trichloroethylene......................................        79016
56. Trimethylpentane.......................................       540841
57. Vinyl acetate..........................................       108054
58. Vinyl chloride.........................................        75014
59. Xylene (m).............................................       108383
60. Xylene (o).............................................        95476
61. Xylene (p).............................................       106423
------------------------------------------------------------------------


[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25683, May 13, 2005]



     Sec. Table 8 to Subpart FFFF of Part 63--Soluble Hazardous Air 
                               Pollutants

    As specified in Sec. 63.8020, the soluble HAP in wastewater that 
are subject to management and treatment requirements of this subpart are 
listed in the following table:

------------------------------------------------------------------------
                    Chemical name . . .                        CAS No.
------------------------------------------------------------------------
1. Acetonitrile............................................        75058
2. Acetophenone............................................        98862
3. Diethyl sulfate.........................................        64675
4. Dimethyl hydrazine (1,1)................................        57147
5. Dimethyl sulfate........................................        77781
6. Dinitrotoluene (2,4)....................................       121142
7. Dioxane (1,4)...........................................       123911
8. Ethylene glycol dimethyl ether..........................       110714
9. Ethylene glycol monobutyl ether acetate.................       112072
10. Ethylene glycol monomethyl ether acetate...............       110496
11. Isophorone.............................................        78591
12. Methanol...............................................        67561
13. Nitrobenzene...........................................        98953
14. Toluidine (o-).........................................        95534
15. Triethylamine..........................................       121448
------------------------------------------------------------------------


[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25683, May 13, 2005]



   Sec. Table 9 to Subpart HHHHH of Part 63--Requirements for Reports

    As required in Sec. 63.8075(a) and (b), you must submit each report 
that applies to you on the schedule shown in the following table:

------------------------------------------------------------------------
                                    The report must     You must submit
     You must submit a . . .         contain . . .     the report . . .
------------------------------------------------------------------------
1. Precompliance report.........  The information     At least 6 months
                                   specified in Sec.  prior to the
                                     63.8075(c).       compliance date;
                                                       or for new
                                                       sources, with the
                                                       application for
                                                       approval of
                                                       construction or
                                                       reconstruction.
------------------------------------------------------------------------

[[Page 288]]

 
2. Notification of compliance     The information     No later than 150
 status report.                    specified in Sec.  days after the
                                     63.8075(d).       compliance date
                                                       specified in Sec.
                                                         63.7995.
------------------------------------------------------------------------
3. Compliance report............  The information     Semiannually
                                   specified in Sec.  according to the
                                     63.8075(e).       requirements in
                                                       Sec.
                                                       63.8075(b).
------------------------------------------------------------------------



  Sec. Table 10 to Subpart HHHHH of Part 63--Applicability of General 
                       Provisions to Subpart HHHHH

    As specified in Sec. 63.8095, the parts of the General Provisions 
that apply to you are shown in the following table:

----------------------------------------------------------------------------------------------------------------
                Citation                            Subject                           Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.............................  Applicability..............  Yes.
Sec.  63.2.............................  Definitions................  Yes.
Sec.  63.3.............................  Units and Abbreviations....  Yes.
Sec.  63.4.............................  Prohibited Activities......  Yes.
Sec.  63.5.............................  Construction/Reconstruction  Yes.
Sec.  63.6(a)..........................  Applicability..............  Yes.
Sec.  63.6(b)(1)-(4)...................  Compliance Dates for New     Yes.
                                           and Reconstructed sources.
Sec.  63.6(b)(5).......................  Notification...............  Yes.
Sec.  63.6(b)(6).......................  [Reserved].................
Sec.  63.6(b)(7).......................  Compliance Dates for New     Yes.
                                           and Reconstructed Area
                                           Sources That Become Major.
Sec.  63.6(c)(1)-(2)...................  Compliance Dates for         Yes.
                                           Existing Sources.
Sec.  63.6(c)(3)-(4)...................  [Reserved].................
Sec.  63.6(c)(5).......................  Compliance Dates for         Yes.
                                           Existing Area Sources That
                                           Become Major.
Sec.  63.6(d)..........................  [Reserved].................
Sec.  63.6(e)(1)-(2)...................  Operation & Maintenance....  Yes.
Sec.  63.6(e)(3)(i), (ii), and (v)       SSMP.......................  Yes, except information regarding Group 2
 through (viii).                                                        emission points and equipment leaks is
                                                                        not required in the SSMP, as specified
                                                                        in Sec.  63.8080(f).
Sec.  63.6(e)(3)(iii) and (iv).........  Recordkeeping and Reporting  No, Sec. Sec.  63.998(d)(3) and
                                           During Startup, Shutdown,    63.998(c)(1)(ii)(D) through (G) specify
                                           and Malfunction (SSM).       the recordkeeping requirement for SSM
                                                                        events, and Sec.  63.8075(e)(5)
                                                                        specifies reporting requirements.
Sec.  63.6(e)(3)(ix)...................  Title V permit.............  Yes.
Sec.  63.6(f)(1).......................  Compliance Except During     Yes.
                                           SSM.
Sec.  63.6(f)(2)-(3)...................  Methods for Determining      Yes.
                                           Compliance.
Sec.  63.6(g)(1)-(3)...................  Alternative Standard.......  Yes.
Sec.  63.6(h)..........................  Opacity/Visible Emission     Only for flares for which Method 22
                                           (VE) Standards.              observations are required as part of a
                                                                        flare compliance assessment.
Sec.  63.6(i)(1)-(14)..................  Compliance Extension.......  Yes.
Sec.  63.6(j)..........................  Presidential Compliance      Yes.
                                           Exemption.
Sec.  63.7(a)(1)-(2)...................  Performance Test Dates.....  Yes, except substitute 150 days for 180
                                                                        days.
Sec.  63.7(a)(3).......................  CAA Section 114 Authority..  Yes, and this paragraph also applies to
                                                                        flare compliance assessments as
                                                                        specified under Sec.  63.997(b)(2).
Sec.  63.7(b)(1).......................  Notification of Performance  Yes.
                                           Test.
Sec.  63.7(b)(2).......................  Notification of              Yes.
                                           Rescheduling.
Sec.  63.7(c)..........................  Quality Assurance/Test Plan  Yes, except the test plan must be
                                                                        submitted with the notification of the
                                                                        performance test if the control device
                                                                        controls process vessels.
Sec.  63.7(d)..........................  Testing Facilities.........  Yes.
Sec.  63.7(e)(1).......................  Conditions for Conducting    Yes, except that performance tests for
                                           Performance Tests.           process vessels must be conducted under
                                                                        worst-case conditions as specified in
                                                                        Sec.  63.8005.
Sec.  63.7(e)(2).......................  Conditions for Conducting    Yes.
                                           Performance Tests.
Sec.  63.7(e)(3).......................  Test Run Duration..........  Yes.
Sec.  63.7(f)..........................  Alternative Test Method....  Yes.
Sec.  63.7(g)..........................  Performance Test Data        Yes.
                                           Analysis.
Sec.  63.7(h)..........................  Waiver of Tests............  Yes.

[[Page 289]]

 
Sec.  63.8(a)(1).......................  Applicability of Monitoring  Yes.
                                           Requirements.
Sec.  63.8(a)(2).......................  Performance Specifications.  Yes.
Sec.  63.8(a)(3).......................  [Reserved].................
Sec.  63.8(a)(4).......................  Monitoring with Flares.....  Yes.
Sec.  63.8(b)(1).......................  Monitoring.................  Yes.
Sec.  63.8(b)(2)-(3)...................  Multiple Effluents and       Yes.
                                           Multiple Monitoring
                                           Systems.
Sec.  63.8(c)(1).......................  Monitoring System Operation  Yes.
                                           and Maintenance.
Sec.  63.8(c)(1)(i)....................  Maintain and operate CMS...  Yes.
Sec.  63.8(c)(1)(ii)...................  Routine repairs............  Yes.
Sec.  63.8(c)(1)(iii)..................  SSMP for CMS...............  Yes.
Sec.  63.8(c)(2)-(3)...................  Monitoring System            Yes.
                                           Installation.
Sec.  63.8(c)(4).......................  Requirements...............  Only for CEMS; requirements for CPMS are
                                                                        specified in referenced subpart SS of 40
                                                                        CFR part 63. This subpart does not
                                                                        contain requirements for continuous
                                                                        opacity monitoring systems (COMS).
Sec.  63.8(c)(4)(i)....................  CMS Requirements...........  No. This subpart does not require COMS.
Sec.  63.8(c)(4)(ii)...................  CMS requirements...........  Yes.
Sec.  63.8(c)(5).......................  COMS Minimum Procedures....  No. This subpart does not contain opacity
                                                                        or VE limits.
Sec.  63.8(c)(6).......................  CMS Requirements...........  Only for CEMS; requirements for CPMS are
                                                                        specified in referenced subpart SS of 40
                                                                        CFR part 63.
Sec.  63.8(c)(7)-(8)...................  CMS Requirements...........  Only for CEMS. Requirements for CPMS are
                                                                        specified in referenced subpart SS of 40
                                                                        CFR part 63.
Sec.  63.8(d)..........................  CMS Quality Control........  Only for CEMS; requirements for CPMS are
                                                                        specified in referenced subpart SS of 40
                                                                        CFR part 63.
Sec.  63.8(e)..........................  CMS Performance Evaluation.  Section 63.8(e)(6)(ii) does not apply
                                                                        because this subpart does not require
                                                                        COMS. Other sections apply only for
                                                                        CEMS; requirements for CPMS are
                                                                        specified in referenced subpart SS of 40
                                                                        CFR part 63.
Sec.  63.8(f)(1)-(5)...................  Alternative Monitoring       Yes, except you may also request approval
                                           Method.                      using the precompliance report.
Sec.  63.8(f)(6).......................  Alternative to Relative      Only for CEMS.
                                           Accuracy Test.
Sec.  63.8(g)(1)-(4)...................  Data Reduction.............  Only when using CEMS, except Sec.
                                                                        63.8(g)(2) does not apply because data
                                                                        reduction requirements for CEMS are
                                                                        specified in Sec.  63.8000(d)(4)(iv).
                                                                       The requirements for COMS do not apply
                                                                        because this subpart has no opacity or
                                                                        VE limits.
Sec.  63.8(g)(5).......................  Data Reduction.............  No. Requirements for CEMS are specified
                                                                        in Sec.  63.8000(d)(4).
                                                                       Requirements for CPMS are specified in
                                                                        referenced subpart SS of 40 CFR part 63.
Sec.  63.9(a)..........................  Notification Requirements..  Yes.
Sec.  63.9(b)(1)-(5)...................  Initial Notifications......  Yes.
Sec.  63.9(c)..........................  Request for Compliance       Yes.
                                           Extension.
Sec.  63.9(d)..........................  Notification of Special      Yes.
                                           Compliance Requirements
                                           for New Source.
Sec.  63.9(e)..........................  Notification of Performance  Yes.
                                           Test.
Sec.  63.9(f)..........................  Notification of VE/Opacity   No. This subpart does not contain opacity
                                           Test.                        or VE limits.
Sec.  63.9(g)..........................  Additional Notifications     Only for CEMS; requirements for CPMS are
                                           When Using CMS.              specified in referenced subpart SS of 40
                                                                        CFR part 63.
Sec.  63.9(h)(1)-(6)...................  Notification of Compliance   Yes, except this subpart has no opacity
                                           Status.                      or VE limits, and Sec.  63.9(h)(2) does
                                                                        not apply because Sec.  63.8075(d)
                                                                        specifies the required contents and due
                                                                        date of the notification of compliance
                                                                        status report.
Sec.  63.9(i)..........................  Adjustment of Submittal      Yes.
                                           Deadlines.
Sec.  63.9(j)..........................  Change in Previous           No, Sec.  63.8075(e)(8) specifies
                                           Information.                 reporting requirements for process
                                                                        changes.
Sec.  63.10(a).........................  Recordkeeping/Reporting....  Yes.
Sec.  63.10(b)(1)......................  Recordkeeping/Reporting....  Yes.
Sec.  63.10(b)(2)(i)-(iv)..............  Records related to SSM.....  No, Sec. Sec.  63.998(d)(3) and
                                                                        63.998(c)(1)(ii)(D) through (G) specify
                                                                        recordkeeping requirements for periods
                                                                        of SSM.
Sec.  63.10(b)(2)(iii).................  Records related to           Yes.
                                           maintenance of air
                                           pollution control
                                           equipment.
Sec.  63.10(b)(2)(vi), (x), and (xi)...  CMS Records................  Only for CEMS; requirements for CPMS are
                                                                        specified in referenced subpart SS of 40
                                                                        CFR part 63.
Sec.  63.10(b)(2)(vii)-(ix)............  Records....................  Yes.
Sec.  63.10(b)(2)(xii).................  Records....................  Yes.

[[Page 290]]

 
Sec.  63.10(b)(2)(xiii)................  Records....................  Yes.
Sec.  63.10(b)(2)(xiv).................  Records....................  Yes.
Sec.  63.10(b)(3)......................  Records....................  Yes.
Sec.  63.10(c)(1)-(6),(9)-(15).........  Records....................  Only for CEMS; requirements for CPMS are
                                                                        specified in referenced subpart SS of 40
                                                                        CFR part 63.
Sec.  63.10(c)(7)-(8)..................  Records....................  No. Recordkeeping requirements are
                                                                        specified in Sec.  63.8080.
Sec.  63.10(d)(1)......................  General Reporting            Yes.
                                           Requirements.
Sec.  63.10(d)(2)......................  Report of Performance Test   Yes.
                                           Results.
Sec.  63.10(d)(3)......................  Reporting Opacity or VE      No. This subpart does not contain opacity
                                           Observations.                or VE limits.
Sec.  63.10(d)(4)......................  Progress Reports...........  Yes.
Sec.  63.10(d)(5)(i)...................  SSM Reports................  No, Sec.  63.8075(e)(5) and (6) specify
                                                                        the SSM reporting requirements.
Sec.  63.10(d)(5)(ii)..................  Immediate SSM reports......  No.
Sec.  63.10(e)(1)-(2)..................  Additional CMS Reports.....  Only for CEMS, but Sec.  63.10(e)(2)(ii)
                                                                        does not apply because this subpart does
                                                                        not require COMS.
Sec.  63.10(e)(3)......................  Reports....................  No. Reporting requirements are specified
                                                                        in Sec.  63.8075.
Sec.  63.10(e)(3)(i)-(iii).............  Reports....................  No. Reporting requirements are specified
                                                                        in Sec.  63.8075.
Sec.  63.10(e)(3)(iv)-(v)..............  Excess Emissions Reports...  No. Reporting requirements are specified
                                                                        in Sec.  63.8075.
Sec.  63.10(e)(3)(vi-viii).............  Excess Emissions Report and  No. Reporting requirements are specified
                                           Summary Report.              in Sec.  63.8075.
Sec.  63.10(e)(4)......................  Reporting COMS data........  No. This subpart does not contain opacity
                                                                        or VE limits.
Sec.  63.10(f).........................  Waiver for Recordkeeping/    Yes.
                                           Reporting.
Sec.  63.11............................  Control and work practice    Yes
                                           requirements.
Sec.  63.12............................  Delegation.................  Yes.
Sec.  63.13............................  Addresses..................  Yes.
Sec.  63.14............................  Incorporation by Reference.  Yes.
Sec.  63.15............................  Availability of Information  Yes.
----------------------------------------------------------------------------------------------------------------


[68 FR 69185, Dec. 11, 2003, as amended at 71 FR 20468, Apr. 20, 2006; 
73 FR 78216, Dec. 22, 2008]



Subpart IIIII_National Emission Standards for Hazardous Air Pollutants: 
         Mercury Emissions From Mercury Cell Chlor-Alkali Plants

    Source: 68 FR 70928, Dec. 19, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.8180  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for affected sources of mercury emissions at 
mercury cell chlor-alkali plants. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with all 
applicable emission limitations and work practice standards in this 
subpart.



Sec. 63.8182  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a mercury 
cell chlor-alkali plant.
    (b) You are required to obtain a title V permit, whether your 
affected source is a part of a major source of hazardous air pollutant 
(HAP) emissions or a part of an area source of HAP emissions. A major 
source of HAP is a source that emits or has the potential to emit any 
single HAP at a rate of 10 tons or more per year or any combination of 
HAP at a rate of 25 tons or more per year. An area source of HAP is a 
source that has the potential to emit HAP but is not a major source. 
Nothing in this subpart revises how affected sources are aggregated for 
purposes of determining whether an affected source is a part of an area, 
nonmajor, or major source under any provisions of the Clean Air Act 
(CAA) or EPA's regulations. For information on aggregating affected 
sources to determine what is a source under title V, see the definition 
of major source in 40 CFR 70.2, 71.2 and 63.2.

[[Page 291]]

    (c) Beginning on December 19, 2006, the provisions of subpart E of 
40 CFR part 61 that apply to mercury chlor-alkali plants, which are 
listed in paragraphs (c)(1) through (3) of this section, are no longer 
applicable.
    (1) Sec. 61.52(a);
    (2) Sec. 61.53(b) and (c); and
    (3) Sec. 61.55(b), (c) and (d).



Sec. 63.8184  What parts of my plant does this subpart cover?

    (a) This subpart applies to each affected source at a plant site 
where chlorine and caustic are produced in mercury cells. This subpart 
applies to two types of affected sources: the mercury cell chlor-alkali 
production facility, as defined in paragraph (a)(1) of this section; and 
the mercury recovery facility, as defined in paragraph (a)(2) of this 
section.
    (1) The mercury cell chlor-alkali production facility designates an 
affected source consisting of all cell rooms and ancillary operations 
used in the manufacture of product chlorine, product caustic, and by-
product hydrogen at a plant site. This subpart covers mercury emissions 
from by-product hydrogen streams, end box ventilation system vents, and 
fugitive emission sources associated with cell rooms, hydrogen systems, 
caustic systems, and storage areas for mercury-containing wastes.
    (2) The mercury recovery facility designates an affected source 
consisting of all processes and associated operations needed for mercury 
recovery from wastes at a plant site. This subpart covers mercury 
emissions from mercury thermal recovery unit vents and fugitive emission 
sources associated with storage areas for mercury-containing wastes.
    (b) An affected source at your mercury cell chlor-alkali plant is 
existing if you commenced construction of the affected source before 
July 3, 2002.
    (c) A mercury recovery facility is a new affected source if you 
commence construction or reconstruction of the affected source after 
July 3, 2002. An affected source is reconstructed if it meets the 
definition of ``reconstruction'' in Sec. 63.2.



Sec. 63.8186  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with 
each emission limitation, work practice standard, and recordkeeping and 
reporting requirement in this subpart that applies to you no later than 
December 19, 2006.
    (b) If you have a new or reconstructed mercury recovery facility and 
its initial startup date is on or before December 19, 2003, you must 
comply with each emission limitation, work practice standard, and 
recordkeeping and reporting requirement in this subpart that applies to 
you by December 19, 2003.
    (c) If you have a new or reconstructed mercury recovery facility and 
its initial startup date is after December 19, 2003, you must comply 
with each emission limitation, work practice standard, and recordkeeping 
and reporting requirement in this subpart that applies to you upon 
initial startup.
    (d) You must meet the notification and schedule requirements in 
Sec. 63.8252. Several of these notifications must be submitted before 
the compliance date for your affected source(s).

            Emission Limitations and Work Practice Standards



Sec. 63.8190  What emission limitations must I meet?

    (a) Emission limits. You must meet each emission limit in paragraphs 
(a)(1) through (3) of this section that applies to you.
    (1) New or reconstructed mercury cell chlor-alkali production 
facility. Emissions of mercury are prohibited from a new or 
reconstructed mercury cell chlor-alkali production facility.
    (2) Existing mercury cell chlor-alkali production facility. During 
any consecutive 52-week period, you must not discharge to the atmosphere 
total mercury emissions in excess of the applicable limit in paragraph 
(a)(2)(i) or (ii) of this section calculated using the procedures in 
Sec. 63.8243(a).
    (i) 0.076 grams of mercury per megagram of chlorine produced (1.5 x

[[Page 292]]

10-4 pounds of mercury per ton of chlorine produced) from all 
by-product hydrogen streams and all end box ventilation system vents 
when both types of emission points are present.
    (ii) 0.033 grams of mercury per megagram of chlorine produced (6.59 
x 10-5 pounds of mercury per ton of chlorine produced) from 
all by-product hydrogen streams when end box ventilation systems are not 
present.
    (3) New, reconstructed, or existing mercury recovery facility. You 
must not discharge to the atmosphere mercury emissions in excess of the 
applicable limit in paragraph (a)(3)(i) or (ii) of this section.
    (i) 23 milligrams per dry standard cubic meter from each oven type 
mercury thermal recovery unit vent.
    (ii) 4 milligrams per dry standard cubic meter from each non-oven 
type mercury thermal recovery unit vent.
    (b) [Reserved]



Sec. 63.8192  What work practice standards must I meet?

    You must meet the work practice requirements specified in paragraphs 
(a) through (f) of this section. As an alternative to the requirements 
specified in paragraphs (a) through (d) of this section, you may choose 
to comply with paragraph (g) of this section.
    (a) You must meet the work practice standards in Tables 1 through 4 
to this subpart, except as specified in paragraph (g) of this section.
    (b) You must adhere to the response intervals specified in Tables 1 
through 4 to this subpart at all times. Nonadherence to the intervals in 
Tables 1 through 4 to this subpart constitutes a deviation and must be 
documented and reported in the compliance report, as required by Sec. 
63.8254(b), with the date and time of the deviation, cause of the 
deviation, a description of the conditions, and time actual compliance 
was achieved.
    (c) As provided in Sec. 63.6(g), you may request to use an 
alternative to the work practice standards in Tables 1 through 4 to this 
subpart.
    (d) You must institute a floor-level mercury vapor measurement 
program to limit the amount of mercury vapor in the cell room 
environment through periodic measurement of mercury vapor levels and 
actions to be taken when a floor-level mercury concentration action 
level is exceeded. The program must meet the requirements listed in 
paragraphs (d)(1) through (4) of this section. As specified in Sec. 
63.8252(e)(1)(i) to implement this program, you must prepare and submit 
to the Administrator a floor-level mercury vapor measurement plan which 
must contain the elements listed in Table 5 to this subpart.
    (1) You must utilize a mercury measurement device described in of 
Table 6 to this subpart to measure the level of mercury vapor in the 
cell room at floor-level.
    (2) You must conduct at least one floor-level mercury vapor 
measurement evaluation each half day. This evaluation must include three 
measurements of the mercury concentration at locations representative of 
the entire cell room floor area. The average of these measurements must 
be recorded as specified in Sec. 63.8156(c)(1). At a minimum, you must 
measure the level of mercury vapor above mercury-containing cell room 
equipment, as well as areas around the cells, decomposers, or other 
mercury-containing equipment.
    (3) You must establish a floor-level mercury concentration action 
level that is no higher than 0.05 milligrams per cubic meter (mg/m\3\).
    (4) If a mercury concentration greater than the action level is 
measured during any floor-level mercury vapor measurement evaluation, 
you must meet the requirements in either paragraph (d)(4)(i) or (ii) of 
this section.
    (i) If you determine that the cause of the elevated mercury 
concentration is an open electrolyzer, decomposer, or other maintenance 
activity, you must record the information specified in paragraphs 
(d)(4)(i)(A) through (C) of this section.
    (A) A description of the maintenance activity resulting in elevated 
mercury concentration;
    (B) The time the maintenance activity was initiated and completed; 
and
    (C) A detailed explanation how all the applicable requirements of 
Table 1 to this subpart were met during the maintenance activity.

[[Page 293]]

    (ii) If you determine that the cause of the elevated mercury 
concentration is not an open electrolyzer, decomposer, or other 
maintenance activity, you must follow the procedures specified in 
paragraphs (d)(4)(ii)(A) and (B) of this section until the floor-level 
mercury concentration falls below the floor-level mercury concentration 
action level. You must also keep all the associated records for these 
procedures as specified in Table 9 to this subpart.
    (A) Within 1 hour of the time the floor-level mercury concentration 
action level was exceeded, you must conduct each inspection specified in 
Table 2 to this subpart in the area where the concentration higher than 
the floor-level mercury concentration action level was measured, with 
the exception of the cell room floor and the pillars and beam 
inspections. (B) You must also inspect all decomposers, hydrogen system 
piping up to the hydrogen header, and other potential locations of 
mercury vapor leaks in the area using a technique specified in Table 6 
to this subpart. You must correct any problem identified during these 
inspections according to the requirements in Tables 2 and 3 to this 
subpart.
    (e) You must prepare, submit, and operate according to a written 
washdown plan designed to minimize fugitive mercury emissions through 
routine washing of surfaces where liquid mercury could accumulate. The 
written plan must address the elements contained in Table 7 to this 
subpart.
    (f) You must keep records of the mass of all virgin mercury added to 
cells on an annual basis.
    (g) As an alternative to the work practice standards in paragraphs 
(a) through (d) of this section, you may institute a cell room 
monitoring program to continuously monitor the mercury vapor 
concentration in the upper portion of each cell room and to take 
corrective actions as quickly as possible when elevated mercury vapor 
levels are detected. As specified in Sec. 63.8252(e)(1)(iv), if you 
choose this option, you must prepare and submit to the Administrator, a 
cell room monitoring plan containing the elements listed in Table 5 to 
this subpart and meet the requirements in paragraphs (g)(1) through (4) 
of this section.
    (1) You must utilize mercury monitoring systems that meet the 
requirements of Table 8 to this subpart.
    (2) You must establish an action level according to the requirements 
in paragraphs (g)(2)(i) through (iii) of this section.
    (i) Beginning on the compliance date specified for your affected 
source in Sec. 63.8186, measure and record the mercury concentration 
for at least 30 days using a system that meets the requirements of 
paragraph (g)(1) of this section.
    (ii) Using the monitoring data collected according to paragraph 
(g)(1)(i) of this section, establish your action level at the 75th 
percentile of the data set.
    (iii) Submit your action level as part of your Notification of 
Compliance Status report according to Sec. 63.8252(e)(1).
    (3) Beginning on the compliance date specified for your affected 
source in Sec. 63.8186, you must continuously monitor the mercury 
concentration in the cell room. Failure to monitor and record the data 
according to Sec. 63.8256(c) (4)(ii) for 75 percent of the time in any 
6-month period constitutes a deviation.
    (4) If the average mercury concentration for any 1-hour period 
exceeds the action level established according to paragraph (g)(2) of 
this section, you must meet the requirements in either paragraph 
(g)(4)(i) or (ii) of this section.
    (i) If you determine that the cause of the elevated mercury 
concentration is an open electrolyzer, decomposer, or other maintenance 
activity, you must record the information specified in paragraphs 
(g)(4)(i)(A) through (C) of this section.
    (A) A description of the maintenance activity resulting in elevated 
mercury concentration;
    (B) The time the maintenance activity was initiated and completed; 
and
    (C) A detailed explanation how all the applicable requirements of 
Table 1 to this subpart were met during the maintenance activity.
    (ii) If you determine that the cause of the elevated mercury 
concentration is not an open electrolyzer, decomposer, or other 
maintenance activity, you must follow the procedures specified in

[[Page 294]]

paragraphs (g)(4)(ii)(A) and (B) of this section until the mercury 
concentration falls below the action level. You must also keep all the 
associated records for these procedures as specified in Table 9 to this 
subpart.
    (A) Within 1 hour of the time the action level was exceeded, you 
must conduct each inspection specified in Table 2 to this subpart, with 
the exception of the cell room floor and the pillars and beam 
inspections. You must correct any problem identified during these 
inspections in accordance with the requirements in Table 2 and 3 to this 
subpart.
    (B) If the Table 2 inspections and subsequent corrective actions do 
not reduce the mercury concentration below the action level, you must 
inspect all decomposers, hydrogen system piping up to the hydrogen 
header, and other potential locations of mercury vapor leaks using a 
technique specified in Table 6 to this subpart. If a mercury vapor leak 
is identified, you must take the appropriate action specified in Table 3 
to this subpart.

                 Operation and Maintenance Requirements



Sec. 63.8222  What are my operation and maintenance requirements?

    As required by Sec. 63.6(e)(1)(i), you must always operate and 
maintain your affected source(s), including air pollution control and 
monitoring equipment, in a manner consistent with safety and good air 
pollution control practices for minimizing emissions.

                     General Compliance Requirements



Sec. 63.8226  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the applicable emission 
limitations for by-product hydrogen streams, end box ventilation system 
vents, and mercury thermal recovery unit vents in Sec. 63.8190 at all 
times, except during periods of startup, shutdown, and malfunction. You 
must be in compliance with the applicable work practice standards in 
Sec. 63.8192 at all times, except during periods of startup, shutdown, 
and malfunction.
    (b) You must develop a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).

[68 FR 70928, Dec. 19, 2003, as amended at 71 FR 20469, Apr. 20, 2006]

                     Initial Compliance Requirements



Sec. 63.8230  By what date must I conduct performance tests or other initial 

compliance demonstrations?

    (a) You must conduct a performance test no later than the compliance 
date that is specified in Sec. 63.8186 for your affected source to 
demonstrate initial compliance with the applicable emission limit in 
Sec. 63.8190(a)(2) for by-product hydrogen streams and end box 
ventilation system vents and the applicable emission limit in Sec. 
63.8190(a)(3) for mercury thermal recovery unit vents.
    (b) For the applicable work practice standards in Sec. 63.8192, you 
must demonstrate initial compliance within 30 calendar days after the 
compliance date that is specified for your affected source in Sec. 
63.8186.



Sec. 63.8232  What test methods and other procedures must I use to demonstrate 

initial compliance with the emission limits?

    You must conduct a performance test for each by-product hydrogen 
stream, end box ventilation system vent, and mercury thermal recovery 
unit vent according to the requirements in Sec. 63.7(e)(1) and the 
conditions detailed in paragraphs (a) through (d) of this section.
    (a) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (b) For each performance test, you must develop a site-specific test 
plan in accordance with Sec. 63.7(c)(2).
    (c) You must conduct at least three test runs to comprise a 
performance test, as specified in Sec. 63.7(e)(3) and in either 
paragraph (c)(1) or (2) of this section.
    (1) The sampling time and sampling volume for each run must be at 
least 2 hours and 1.70 dry standard cubic meters (dscm). Mercury results 
below the analytical laboratory's detection limit must be reported using 
the reported

[[Page 295]]

analytical detection limit to calculate the sample concentration value 
and, in turn, the emission rate in the units of the standard; or
    (2) The sampling time for each test run must be at least 2 hours and 
the mercury concentration in each field sample analyzed must be at least 
two times the reported analytical detection limit.
    (d) You must use the test methods specified in paragraphs (d)(1) 
through (4) of this section and the applicable test methods in 
paragraphs (d)(5) through (7) of this section.
    (1) Method 1 or 1A in appendix A of 40 CFR part 60 to determine the 
sampling port locations and the location and required number of sampling 
traverse points.
    (2) Method 2, 2A, 2C, or 2D in appendix A of 40 CFR part 60 to 
determine the stack gas velocity and volumetric flow rate.
    (3) Method 3, 3A, or 3B in appendix A of 40 CFR part 60 to determine 
the stack gas molecular weight.
    (4) Method 4 in appendix A of 40 CFR part 60 to determine the stack 
gas moisture content.
    (5) For each by-product hydrogen stream, Method 102 in appendix A of 
40 CFR part 61 to measure the mercury emission rate after the last 
control device.
    (6) For each end box ventilation system vent, Method 101 or 101A in 
appendix A of 40 CFR part 61 to measure the mercury emission rate after 
the last control device.
    (7) For each mercury thermal recovery unit vent, Method 101 or 101A 
in appendix A of 40 CFR part 61 to measure the mercury emission rate 
after the last control device.
    (e) During each test run for a by-product hydrogen stream and each 
test run for an end box ventilation system vent, you must continuously 
measure the electric current through the operating mercury cells and 
record a measurement at least once every 15 minutes.
    (f) If the final control device is not a nonregenerable carbon 
adsorber and if you are demonstrating compliance using periodic 
monitoring under Sec. 63.8240(b), you must continuously monitor the 
parameters listed in paragraph (f)(1) of this section and establish your 
maximum or minimum monitoring value (as appropriate for your control 
device) using the requirements in paragraph (f)(2) of this section.
    (1) During the performance test specified in paragraphs (a) through 
(d) of this section, you must continuously monitor the control device 
parameters in paragraphs (f)(1)(i) through (vii) of this section and 
record a measurement at least once every 15 minutes.
    (i) The exit gas temperature from uncontrolled streams;
    (ii) The outlet temperature of the gas stream for the final (i.e., 
the farthest downstream) cooling system when no control devices other 
than coolers or demisters are used;
    (iii) The outlet temperature of the gas stream from the final 
cooling system when the cooling system is followed by a molecular sieve 
or regenerative carbon adsorber;
    (iv) Outlet concentration of available chlorine, pH, liquid flow 
rate, and inlet gas temperature of chlorinated brine scrubbers and 
hypochlorite scrubbers;
    (v) The liquid flow rate and exit gas temperature for water 
scrubbers;
    (vi) The inlet gas temperature of regenerative carbon adsorption 
systems; and
    (vii) The temperature during the heating phase of the regeneration 
cycle for carbon adsorbers or molecular sieves.
    (2) To establish a maximum monitoring value or minimum monitoring 
value, as appropriate for your final control device, you must average 
the recorded parameters in paragraphs (f)(1)(i) through (vi) of this 
section over the test period. If your final control device is a 
regenerative carbon adsorber, you must use the highest temperature 
reading measured in paragraph (f)(1)(vii) as the reference temperature 
in Sec. 63.8244(b)(2)(v).



Sec. 63.8234  What equations and procedures must I use for the initial 

compliance demonstration?

    (a) By-product hydrogen streams and end box ventilation system 
vents. You must determine the total grams of mercury per Megagram of 
chlorine production (g Hg/Mg Cl2) of chlorine produced from 
all by-product hydrogen

[[Page 296]]

streams and all end box ventilation system vents, if applicable, at a 
mercury cell chlor-alkali production facility, and you must follow the 
procedures in paragraphs (a)(1) through (6) of this section.
    (1) Determine the mercury emission rate for each test run in grams 
per day for each by-product hydrogen stream and for each end box 
ventilation system vent, if applicable, from Method 101, 101A, or 102 
(40 CFR part 61, appendix A).
    (2) Calculate the average measured electric current through the 
operating mercury cells during each test run for each by-product 
hydrogen stream and for each end box ventilation system vent, if 
applicable, using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.000

Where:

CLavg, run = Average measured cell line current load during 
the test run, amperes;
CLi, run = Individual cell line current load measurement 
(i.e., 15 minute reading) during the test run, amperes; and
n = Number of cell line current load measurements taken over the 
duration of the test run.

    (3) Calculate the amount of chlorine produced during each test run 
for each by-product hydrogen stream and for each end box ventilation 
system vent, if applicable, using Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.001

Where:

PCl2,run = Amount of chlorine produced during the 
test run, megagrams chlorine (Mg Cl2);
1.3 x 10 -6 = Theoretical chlorine production rate factor, Mg 
Cl2 per hour per ampere per cell;
CLavg,run = Average measured cell line current load during 
test run, amperes, calculated using Equation 1 of this section;
ncell,run = Number of cells on-line during the test run; and
trun = Duration of test run, hours.

    (4) Calculate the mercury emission rate in grams of mercury per 
megagram of chlorine produced for each test run for each by-product 
hydrogen stream and for each end box ventilation system vent, if 
applicable, using Equation 3 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.002

Where:

EHg,run = Mercury emission rate for the test run, g Hg/Mg 
Cl2;
Rrun = Measured mercury emission rate for the test run from 
paragraph (a)(1) of this section, grams Hg per day;
trun = Duration of test run, hours;
24 = Conversion factor, hours per day; and
PCl2,run = Amount of chlorine produced during the 
test run, calculated using Equation 2 of this section, Mg 
Cl2.

    (5) Calculate the average mercury emission rate for each by-product 
hydrogen stream and for each end box ventilation system vent, if 
applicable, using Equation 4 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.003

Where:

EHg,avg = Average mercury emission rate for the by-product 
hydrogen stream or the end box ventilation system vent, if applicable, g 
Hg/Mg Cl2;
EHg,run = Mercury emission rate for each test run for the by-
product hydrogen stream or the end box ventilation system vent, if 
applicable, g Hg/Mg Cl2, calculated using Equation 3 of this 
section; and
n = Number of test runs conducted for the by-product hydrogen stream or 
the end box ventilation system vent, if applicable.

    (6) Calculate the total mercury emission rate from all by-product 
hydrogen streams and all end box ventilation

[[Page 297]]

system vents, if applicable, at the mercury cell chlor-alkali production 
facility using Equation 5 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.004

Where:

EHg,H2EB = Total mercury emission rate from all 
by-product hydrogen streams and all end box ventilation system vents, if 
applicable, at the affected source, g Hg/Mg Cl2;
EHg,avg = Average mercury emission rate for each by-product 
hydrogen stream and each end box ventilation system vent, if applicable, 
g Hg/Mg Cl2, determined using Equation 4 of this section; and
n = Total number of by-product hydrogen streams and end box ventilation 
system vents at the affected source.

    (b) Mercury thermal recovery vents. You must determine the 
milligrams of mercury per dscm exhaust discharged from mercury thermal 
recovery unit vents, using the procedures in paragraphs (b)(1) and (2) 
of this section.
    (1) Calculate the concentration of mercury in milligrams of mercury 
per dscm of exhaust for each test run for each mercury thermal recovery 
unit vent using Equation 6 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.005

Where:

CHg,run = Mercury concentration for the test run, milligrams 
of mercury per dry standard cubic meter of exhaust;
mHg = Mass of mercury in test run sample, from Method 101, 
101A, or 102, micrograms;
10-3 = Conversion factor, milligrams per microgram; and
Vm(std) = Dry gas sample volume at standard conditions, from 
Method 101, 101A, or 102, dry standard cubic meters.

    (2) Calculate the average concentration of mercury in each mercury 
thermal recovery unit vent exhaust using Equation 7 of this section as 
follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.006

Where:

CHg,avg = Average mercury concentration for the mercury 
thermal recovery unit vent, milligrams of mercury per dry standard cubic 
meter exhaust;
CHg,run = Mercury concentration for each test run, milligrams 
of mercury per dry standard cubic meter of exhaust, calculated using 
Equation 6 of this section; and
n = Number of test runs conducted for the mercury thermal recovery unit 
vent.



Sec. 63.8236  How do I demonstrate initial compliance with the emission 

limitations and work practice standards?

    (a) For each mercury cell chlor-alkali production facility, you have 
demonstrated initial compliance with the applicable emission limit for 
by-product hydrogen streams and end box ventilation system vents in 
Sec. 63.8190(a)(2) if you comply with paragraphs (a)(1) and (2) of this 
section:
    (1) Total mercury emission rate from all by-product hydrogen streams 
and all end box ventilation system vents, if applicable, at the affected 
source, determined according to Sec. Sec. 63.8232 and 63.8234(a), did 
not exceed the applicable emission limit in Sec. 63.8190(a)(2)(i) or 
(ii); and
    (2) If you have chosen the periodic monitoring option specified in 
Sec. 63.8240(b) and your final control device is not a nonregenerable 
carbon adsorber, you have established a parameter value according to 
Sec. 63.8232(f)(2).
    (b) For each mercury recovery facility, you have demonstrated 
initial compliance with the applicable emission limit for mercury 
thermal recovery unit vents in Sec. 63.8190(a)(3) if you comply with 
paragraphs (b)(1) and (2) of this section.
    (1) Mercury concentration in each mercury thermal recovery unit vent 
exhaust, determined according to Sec. Sec. 63.8232 and 63.8234(b), did 
not exceed the applicable emission limit in Sec. 63.8190(a)(3)(i) or 
(ii); and
    (2) If you have chosen the periodic monitoring option in Sec. 
63.8240(b) and have a final control device that is not a nonregenerable 
carbon adsorber, you have established a maximum or minimum monitoring 
value, as appropriate for your control device according to Sec. 
63.8232(f)(2).
    (c) For each affected source, you have demonstrated initial 
compliance with

[[Page 298]]

the applicable work practice standards in Sec. 63.8192 if you comply 
with paragraphs (c)(1) through (7) of this section.
    (1) You certify in your Notification of Compliance Status that you 
are operating according to the work practice standards in Sec. 
63.8192(a) through (d).
    (2) You choose the continuous cell room monitoring program option, 
you certify in your Notification of Compliance Status that you are 
operating according to the continuous cell room monitoring program under 
Sec. 63.8192(g) and you have established your action level according to 
Sec. 63.8192(g)(2).
    (3) You certify in your Notification of Compliance Status that you 
are operating according to your washdown plan.
    (4) You have submitted your washdown plan as part of your 
Notification of Compliance Status.
    (5) You have submitted your continuous cell room monitoring plan, if 
applicable, as part of your Notification of Compliance Status.
    (6) You have submitted your floor-level cell room monitoring plan, 
if applicable, as part of your Notification of Compliance Status.
    (7) You have submitted records of the mass of virgin mercury added 
to cells for the 5 years preceding the applicable compliance date for 
your affected source as a part of the Notification of Compliance Status.
    (d) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.8252(e).

                   Continuous Compliance Requirements



Sec. 63.8240  What are my monitoring requirements?

    For each by-product hydrogen stream, each end box ventilation system 
vent, and each mercury thermal recovery unit vent, you must monitor the 
mercury emissions using the procedures in paragraph (a) or (b) of this 
section.
    (a) You must continuously monitor the mercury concentration using a 
mercury continuous emissions monitor according to the requirements in 
Sec. Sec. 63.8242(a) and 63.8244(a); or
    (b) You must periodically monitor the mercury emissions according to 
the requirements in Sec. Sec. 63.8242(b) and 63.8244(b).



Sec. 63.8242  What are the installation, operation, and maintenance 

requirements for my continuous monitoring systems?

    (a) If you choose the continuous mercury monitoring option under 
Sec. 63.8240(a), you must install, operate, and maintain each mercury 
continuous emissions monitor according to paragraphs (a)(1) through (5) 
of this section.
    (1) Each mercury continuous emissions monitor must sample, analyze, 
and record the concentration of mercury at least once every 15 minutes.
    (2) Each mercury continuous emissions monitor analyzer must have a 
detector with the capability to detect a mercury concentration at or 
below 0.5 times the mercury concentration level measured during the 
performance test conducted according to Sec. 63.8232.
    (3) In lieu of a promulgated performance specification as required 
in Sec. 63.8(a)(2), you must develop a site-specific monitoring plan 
that addresses the elements in paragraphs (a)(3)(i) through (vi) of this 
section.
    (i) Installation and measurement location downstream of the final 
control device for each by-product hydrogen stream, end box ventilation 
system vent, and mercury thermal recovery unit vent.
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration analyzer, and the data collection 
and reduction system.
    (iii) Performance evaluation procedures and acceptance criteria 
(i.e., calibrations).
    (iv) Ongoing operation and maintenance procedures according to the 
requirements of Sec. 63.8(c)(1), (3), and (4)(ii).
    (v) Ongoing data quality assurance procedures according to the 
requirements of Sec. 63.8(d).
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (4) You must conduct a performance evaluation of each mercury 
continuous emissions monitor according to your site-specific monitoring 
plan.
    (5) You must operate and maintain each mercury continuous emissions

[[Page 299]]

monitor in continuous operation according to the site-specific 
monitoring plan.
    (b) If you choose the periodic monitoring option and your final 
control device is not a nonregenerable carbon adsorber, you must 
install, operate, and maintain a continuous parameter monitoring system 
(CPMS) for each parameter specified in Sec. 63.8232(f)(1), according to 
Sec. 63.8(c).



Sec. 63.8243  What equations and procedures must I use to demonstrate 

continuous compliance?

    (a) By-product hydrogen streams and end box ventilation system 
vents. For each consecutive 52-week period, you must determine the g Hg/
Mg Cl2 produced from all by-product hydrogen streams and all 
end box ventilation system vents, if applicable, at a mercury cell 
chlor-alkali production facility using the procedures in paragraphs 
(a)(1) through (3) of this section. You must begin collecting data on 
the compliance date that is specified in Sec. 63.8186 for your affected 
source and calculate your first 52-week average mercury emission rate at 
the end of the 52nd week after the compliance date.
    (1) Each week, you must determine the weekly mercury emission rate 
in grams per week for each by-product hydrogen stream and for each end 
box ventilation system vent, if applicable, using one of the monitoring 
options in paragraph (a)(1)(i) or (ii) of this section.
    (i) Continuous mercury monitoring according to Sec. Sec. 63.8242 
and 63.8244(a).
    (ii) Periodic monitoring according to Sec. 63.8244(b).
    (2) Each week, you must determine the chlorine production and keep 
records of the production rate as required under Sec. 63.8256(b)(6).
    (3) Beginning 52 weeks after the compliance date specified in Sec. 
63.8186 for your affected source, you must calculate the 52-week average 
mercury emission rate from all by-product hydrogen steam and all end box 
ventilation system vents, if applicable, using Equation 1 of this 
section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.007

Where:

EHg = 52-week average mercury emission rate for 
weeki, g Hg/Mg Cl2;
Rweek, i = Mercury emission rate for weeki from 
paragraph (a)(1) of this section, g Hg per week;
PCl2, weeki = Amount of chlorine produced during 
weeki, from paragraph (a)(2) of this section, Mg 
Cl2 per week.

    (b) Mercury thermal recovery units. If you choose the continuous 
monitoring option in Sec. 63.8240(a), you must demonstrate continuous 
compliance using paragraph (b)(1) of this section. If you choose the 
periodic monitoring option in Sec. 63.8240(b), you must demonstrate 
continuous compliance using paragraph (b)(2) of this section.
    (1) You must calculate the daily average mercury concentration using 
Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.008

Where:

CHg, dailyavg = Average mercury concentration for the 
operating day, milligrams per dry standard cubic meter;
CHg,i = Concentration of mercury measured at the interval i 
(i.e., 15 minute reading) using a mercury continuous emission monitor, 
milligrams per dry standard cubic meter; and
n = Number of concentration measurements taken during the operating day.

    (2) You must calculate the daily average mercury concentration using 
the procedures in Sec. 63.8234(b).



Sec. 63.8244  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) Continuous monitoring option. You must monitor mercury 
concentration according to Sec. 63.8242(a) at all times that the 
affected source is operating with the exception of paragraphs (a)(1) and 
(2) of this section.
    (1) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks

[[Page 300]]

and required zero and span adjustments), you must monitor mercury 
emissions continuously (or collect data at all required intervals) at 
all times that the affected source is operating. A monitoring 
malfunction is any sudden, infrequent, not reasonably preventable 
failure of the monitoring to provide valid data. Monitoring failures 
that are caused in part by poor maintenance or careless operation are 
not malfunctions.
    (2) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels or to fulfill a minimum data availability requirement, if 
applicable. You must use all the data collected during all other periods 
in assessing compliance.
    (b) Periodic monitoring option. If you choose the periodic 
monitoring option under Sec. 63.8240(b), you must monitor according to 
the procedures in paragraph (b)(1) or (2) of this section.
    (1) If your final control device is a nonregenerable carbon 
adsorber, then you must conduct at least three test runs per week 
meeting the criteria specified in Sec. 63.8232(c)(1) and (2) to measure 
mercury emissions using the test methods specified in Sec. 63.8232(d). 
Alternatively, you may use any other method that has been validated 
using the applicable procedures in Method 301, 40 CFR part 63, appendix 
A.
    (2) If your final control device is anything other than a 
nonregenerable carbon adsorber, you must monitor according to the 
requirements of paragraphs (b)(2)(i) through (v) of this section.
    (i) You must conduct at least three test runs per week meeting the 
criteria specified in Sec. 63.8232(c)(1) and (2) to measure mercury 
emissions using the test methods specified in Sec. 63.8232(d). 
Alternatively, you may use any other method that has been validated 
using the applicable procedures in Method 301, 40 CFR part 63, appendix 
A.
    (ii) Except as specified in paragraph (b)(2)(iii) of this section, 
you must continuously collect data at least once every 15 minutes using 
a CPMS installed and operated according to Sec. 63.8242(b) and record 
each 1-hour average from all measured data values during each 1-hour 
period for the applicable parameter identified in Sec. 63.8232(f)(1) 
using the methods specified in Sec. 63.8244(a).
    (iii) As appropriate, you must continuously monitor the temperature 
specified in Sec. 63.8232(f)(1)(vii) during each heating phase of the 
regeneration cycle of your carbon adsorber.
    (iv) If the hourly average monitoring value of any applicable 
parameter recorded under paragraph (b)(2)(ii) of this section is below 
the minimum monitoring value or above the maximum monitoring value of 
that same parameter established under Sec. 63.8232(f)(2) for 24 
consecutive hours, your monitoring value is out of range and you must 
take corrective action as soon as practicable. The hourly average 
monitoring value must be above the minimum monitoring value or below the 
maximum monitoring value as appropriate for that parameter, within 48 
hours of the period that the monitoring value is out of range.
    (v) If your final control device is a regenerative carbon adsorber, 
when the maximum hourly value of the temperature measured according to 
paragraph (b)(2)(iii) of this section is below the reference temperature 
determined according to Sec. 63.8232(f)(2) for three consecutive 
regeneration cycles, your monitoring value is out of range and you must 
take corrective action as soon as practicable. During the first 
regeneration cycle following the period that your monitoring value is 
out of range, the maximum hourly value must be above the reference 
temperature recorded according to Sec. 63.8232(f)(2).



Sec. 63.8246  How do I demonstrate continuous compliance with the emission 

limitations and work practice standards?

    (a) By-product hydrogen streams and end box ventilation system 
vents. (1) For all by-product hydrogen streams and all end box 
ventilation system vents, if applicable, you must demonstrate continuous 
compliance with the applicable mercury emission limit by reducing the 
mercury emissions data to 52-week averages using Equation 1 of Sec. 
63.8243 and maintaining the 52-week average

[[Page 301]]

mercury emissions no higher than the applicable mercury emissions limit 
in Sec. 63.8190(a)(2). To obtain the data to calculate these 52-week 
averages, you must monitor in accordance with paragraph (a)(1)(i) or 
(ii) of this section.
    (i) Continuous monitoring option. You must collect mercury emissions 
data according to Sec. 63.8244(a), representing at least 75 percent of 
the 15-minute periods in each operating day of the 52-week compliance 
period (with data recorded during monitoring malfunctions, associated 
repairs, and required quality assurance or control activities not 
counting toward the 75 percent requirement);
    (ii) Periodic monitoring option. You must conduct at least three 
test runs per week to collect mercury emissions samples according to 
Sec. 63.8244(b)(1) and (2)(i) and, if your final control device is not 
a nonregenerable carbon adsorber, you must collect data for monitoring 
values according to Sec. 63.8244(b)(2)(ii) through (v).
    (2) You must maintain records of mercury emissions and 52-week 
average values, as required in Sec. 63.8256(b)(3) and (4). If your 
final control device is not a nonregenerable carbon adsorber, you must 
maintain records according to Sec. 63.8256(d).
    (b) Mercury thermal recovery unit vents. (1) For each mercury 
thermal recovery unit vent, you must demonstrate continuous compliance 
with the applicable emission limit specified in Sec. 63.8190(a)(3) by 
maintaining the outlet mercury hourly-average concentration no higher 
than the applicable limit. To determine the outlet mercury 
concentration, you must monitor according to paragraph (b)(1)(i) or (ii) 
of this section.
    (i) Continuous monitoring option. You must collect mercury 
concentration data according to Sec. 63.8244(a), representing at least 
75 percent of the 15-minute periods in the operating day (with data 
recorded during monitoring malfunctions, associated repairs, and 
required quality assurance or control activities not counting toward the 
75 percent requirement).
    (ii) Periodic monitoring option. You must conduct at least three 
test runs per week to collect mercury emissions samples according to 
Sec. 63.8244(b)(1) and (2)(i) and, if your final control device is not 
a nonregenerable carbon adsorber, you must collect data for monitoring 
values according to Sec. 63.8244(b)(2)(ii) through (v).
    (2) You must maintain records of mercury emissions and daily average 
values as required in Sec. 63.8256(b)(3). If your final control device 
is not a nonregenerable carbon adsorber, you must maintain records 
according to Sec. 63.8256(d).
    (c) You must demonstrate continuous compliance with the applicable 
work practice standards in Sec. 63.8192 by maintaining records in 
accordance with Sec. 63.8256(c).



Sec. 63.8248  What other requirements must I meet?

    (a) Deviations. The instances specified in paragraphs (a)(1) through 
(4) of this section are deviations and must be reported according to the 
requirements in Sec. 63.8254.
    (1) You must report each instance in which you did not meet each 
emission limitation in Sec. 63.8190 that applies to you. This includes 
periods of startup, shutdown, and malfunction.
    (2) You must report each instance in which you did not meet each 
work practice standard in Sec. 63.8192 that applies to you. This 
includes periods of startup, shutdown, and malfunction.
    (3) You must report each instance in which the corrective actions 
taken according to Sec. 63.8244(b)(2)(iv) did not result in average 
monitoring values being within range within 48 hours of the period that 
the monitoring value is out of range.
    (4) You must report each instance in which the corrective action 
taken according to Sec. 63.8244(b)(2)(v) did not result in the maximum 
hourly temperature being above the reference temperature during the 
first regeneration cycle following the period that the monitoring value 
was out of range.
    (b) Startups, shutdowns, and malfunctions. (1) Consistent with 
Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period 
of startup, shutdown, or malfunction are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance with Sec. 63.6(e)(1).

[[Page 302]]

    (2) The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions in Sec. 63.6(e).
    (3) By-passing the control device for maintenance activities is not 
considered a startup, shutdown, or malfunction event.

[68 FR 70928, Dec. 19, 2003, as amended at 71 FR 20469, Apr. 20, 2006]

                   Notification, Reports, and Records



Sec. 63.8252  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(e) and (f) and 63.9(b) through (h) that apply to you by 
the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you start up your affected 
source before December 19, 2003, you must submit your initial 
notification not later than April 19, 2004.
    (c) As specified in Sec. 63.9(b)(3), if you start up your new or 
reconstructed mercury recovery facility on or after December 19, 2003, 
you must submit your initial notification not later than 120 days after 
you become subject to this subpart.
    (d) For each performance test that you are required to conduct for 
by-product hydrogen streams and end box ventilation system vents and for 
mercury thermal recovery unit vents, you must submit a notification of 
intent to conduct a performance test at least 60 calendar days before 
the performance test is scheduled to begin as required in Sec. 7(b)(1).
    (e) You must submit a Notification of Compliance Status according to 
paragraphs (e)(1) and (2) of this section.
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the Notification of Compliance 
Status before the close of business on the 30th calendar day following 
the completion of the initial compliance demonstration. The Notification 
of Compliance Status must contain the items in paragraphs (e)(1)(i) 
through (iv) of this section:
    (i) If you choose not to implement a cell room monitoring program 
according to Sec. 63.8192(g), a certification that you are operating 
according to the applicable work practice standards in Sec. 63.8192(a) 
through (d) and your floor-level mercury vapor measurement plan required 
by Sec. 63.8192(d).
    (ii) The washdown plan, and you must certify that you are operating 
according to the washdown plan specified in Sec. 63.8192(f).
    (iii) The mass of virgin mercury added to cells for the 5 years 
preceding the compliance date.
    (iv) If you choose to implement a cell room monitoring program 
according to Sec. 63.8192(g), your cell room monitoring plan.
    (2) For each initial compliance demonstration that does include a 
performance test, you must submit the Notification of Compliance Status, 
including the performance test results, before the close of business on 
the 60th calendar day following the completion of the performance test 
according to Sec. 63.10(d)(2). The Notification of Compliance Status 
must contain the information in Sec. 63.9(h)(2)(ii)(A) through (G). The 
site-specific monitoring plan required in Sec. 63.8242(a)(3) must also 
be submitted.



Sec. 63.8254  What reports must I submit and when?

    (a) Compliance report due dates. You must submit a semiannual 
compliance report to your permitting authority according to the 
requirements in paragraphs (a)(1) through (4) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.8186 and ending on June 30 or December 31, whichever date comes first 
after the compliance date that is specified for your affected source in 
Sec. 63.8186.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
first compliance reporting period.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered

[[Page 303]]

no later than July 31 or January 31, whichever date comes first after 
the end of the semiannual reporting period.
    (b) Compliance report contents. Each compliance report must contain 
the information in paragraphs (b)(1) through (3) of this section, and as 
applicable, paragraphs (b)(4) through (12) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown or malfunction during the 
reporting period and you took actions consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information in Sec. 63.10(d)(5)(i).
    (5) If there were no deviations from the continuous compliance 
requirements in Sec. 63.8246 that apply to you, a statement that there 
were no deviations from the emission limitations, work practice 
standards, and operation and maintenance standards during the reporting 
period.
    (6) If there were no periods during which the mercury continuous 
emission monitor or CPMS (if applicable) were out-of-control as 
specified in Sec. 63.8(c)(7), a statement that there were no periods 
during the which the mercury continuous emissions monitor or CPMS (if 
applicable) were out-of-control during the reporting period.
    (7) For each deviation from the requirements for work practice 
standards in Tables 1 through 4 to this subpart that occurs at an 
affected source (including deviations where the response intervals were 
not adhered to as described in Sec. 63.8192(b)), the compliance report 
must contain the information in paragraphs (b)(1) through (4) of this 
section and the information in paragraphs (b)(7)(i) and (ii) of this 
section. This includes periods of startup, shutdown, and malfunction.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (8) For each deviation from an emission limitation occurring at an 
affected source where you are using a mercury continuous emission 
monitor, according to the site-specific monitoring plan required in 
Sec. 63.8242(a)(3), to comply with the emission limitation in this 
subpart, you must include the information in paragraphs (b)(1) through 
(4) of this section and the information in paragraphs (b)(8)(i) through 
(xii) of this section. This includes periods of startup, shutdown, and 
malfunction.
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time of each instance in which a continuous 
monitoring system was inoperative, except for zero (low-level) and high-
level checks.
    (iii) The date, time, and duration of each instance in which a 
continuous monitoring system was out-of-control, including the 
information in Sec. 63.8(c)(8).
    (iv) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (v) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period including those that are due to startup, shutdown, 
control equipment problems, process problems, other known causes, and 
other unknown causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
monitoring system downtime as a percent of the total source operating 
time during the reporting period.
    (viii) An identification of each hazardous air pollutant that was 
monitored at the affected source.
    (ix) A brief description of the process units.
    (x) A brief description of the continuous monitoring system.

[[Page 304]]

    (xi) The date of the latest continuous monitoring system 
certification or audit.
    (xii) A description of any changes in monitoring system, processes, 
or controls since the last reporting period.
    (9) For each deviation from an operation and maintenance standard 
occurring at an affected source where you are using the periodic 
monitoring option specified in Sec. 63.8240(b) and your final control 
device is not a nonregenerable carbon adsorber, the compliance report 
must include the information in paragraphs (b)(1) through (4) of this 
section and the information in paragraphs (b)(9)(i) through (x) of this 
section. This includes periods of startups, shutdowns and malfunctions.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, whether the 
deviation occurred during a period of startup, shutdown, or malfunction, 
or other period, and the corrective action taken.
    (iii) The date and time of each instance in which a CPMS was 
inoperative, except for zero (low-level) and high-level checks.
    (iv) The date, time, and duration of each instance in which a CPMS 
was out-of-control, including the information specified in Sec. 
63.8(c)(8).
    (v) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period including those that are due to startup, shutdown, 
control equipment problems, process problems, other known causes, and 
other unknown causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
monitoring system downtime as a percent of the total source operating 
time during the reporting period.
    (viii) A brief description of the CPMS.
    (ix) The date of the latest CPMS certification or audit.
    (x) A description of any changes in monitoring system, processes, or 
controls since the last reporting period.
    (10) The compliance report must contain the mass of virgin mercury 
added to cells for the reporting period.
    (11) The compliance report must contain each instance in which 
corrective actions taken under Sec. 63.8244(b)(2)(iv) did not result in 
average monitoring values being within range within 48 hours of the 
period that the monitoring value is out of range.
    (12) The compliance report must contain each instance in which 
corrective action taken according to Sec. 63.8244(b)(2)(v) did not 
result in the maximum hourly temperature being above the reference 
temperature during the first regeneration cycle following the period 
that the monitoring value was out of range.
    (c) Immediate startup, shutdown, and malfunction report. If you took 
an action during a startup, shutdown, or malfunction during the 
semiannual reporting period that was not consistent with your startup, 
shutdown, and malfunction plan required in Sec. 63.8226(b), and the 
source exceeded any applicable emission limitation in this subpart, you 
must submit an immediate startup, shutdown, and malfunction report 
according to the requirements in Sec. 63.10(d)(5)(ii).
    (d) Title V monitoring report. After your affected source has been 
issued a title V operating permit pursuant to 40 CFR part 70 or 40 CFR 
part 71, you must report all deviations from permit requirements and 
provide reports of any required monitoring in your semiannual monitoring 
report as required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A). If you submit a semiannual compliance report for an 
affected source as required by this subpart as part of the semiannual 
monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), and the semiannual compliance report includes all 
information required by the 40 CFR part 70 or 40 CFR part 71 semiannual 
monitoring report for the deviations that are reported in the semiannual 
compliance report, submission of the semiannual

[[Page 305]]

compliance report satisfies your obligation to report the same deviation 
information in the semiannual monitoring report. However, in such 
situations, the semiannual monitoring report must cross-reference the 
semiannual compliance report, and submission of a semiannual compliance 
report does not otherwise affect any obligation you may have to report 
deviations from permit requirements for an affected source to your 
permitting authority under 40 CFR part 70 or 40 CFR part 71.



Sec. 63.8256  What records must I keep?

    (a) General records. You must keep the records in paragraphs (a)(1) 
and (2) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (b) Records associated with the by-product hydrogen stream and end 
box ventilation system vent emission limitations and the mercury thermal 
recovery unit vent emission limitations. You must keep the records in 
paragraphs (b)(1) through (5) of this section related to the emission 
limitations in Sec. 63.8190(a)(2) through (3) and (b).
    (1) Records of performance tests as required in Sec. 
63.10(b)(2)(viii).
    (2) Records of the mercury emissions monitoring conducted during the 
performance tests.
    (3) Records of the continuous or periodic mercury emissions 
monitoring data.
    (4) Records of the 52-week rolling average mercury emissions.
    (5) Records associated with your site-specific monitoring plan 
required in Sec. 63.8242(a)(3) (i.e., results of inspections, 
calibrations, and validation checks of each mercury concentration 
continuous monitoring system (CMS)).
    (6) Records of chlorine production on a weekly basis.
    (c) Records associated with the work practice standards.
    (1) If you choose not to institute a cell room monitoring program 
according to Sec. 63.8192(g) of this subpart, you must keep the records 
specified in paragraphs (c)(1)(i) through (v) of this section.
    (i) Records specified in Table 9 to this subpart related to the work 
practice standards in Tables 1 through 4 of this subpart.
    (ii) Your current floor-level mercury vapor measurement plan.
    (iii) Records of the average value calculated from at least three 
measurements taken according to your floor-level mercury vapor 
measurement plan.
    (iv) Records indicated in Sec. 63.8192(d)(4)(i) for maintenance 
activities that cause the floor-level mercury concentration to exceed 
the action level.
    (v) Records of all inspections and corrective actions taken in 
response to a non-maintenance related situation in which the mercury 
vapor concentration exceeds the floor-level mercury concentration action 
level.
    (2) You must maintain a copy of your current washdown plan and 
records of when each washdown occurs.
    (3) You must maintain records of the mass of virgin mercury added to 
cells for each reporting period.
    (4) If you choose to institute a cell room monitoring program 
according to Sec. 63.8192(g) of this subpart, you must keep your 
current cell room monitoring plan and the records specified in 
paragraphs (c)(4)(i) through (v) of this section.
    (i) Records of the monitoring conducted in accordance with Sec. 
63.8192(g)(2)(i) to establish your action level, and records 
demonstrating the development of this action level.
    (ii) Records of the cell room mercury concentration monitoring data 
collected.
    (iii) Instances when the action level is exceeded.
    (iv) Records specified in Sec. 63.8192(g)(4)(i) for maintenance 
activities that cause the mercury vapor concentration to exceed the 
action level.
    (v) Records of all inspections and corrective actions taken in 
response to a non-maintenance related situation in

[[Page 306]]

which the mercury vapor concentration exceeds the action level.
    (d) Records associated with the periodic monitoring option if your 
final control device is not a nonregenerable carbon adsorber. You must 
keep the records in paragraph (d)(1) through (3) of this section.
    (1) Records of the CPMS data collected during the performance test 
as specified in Sec. 63.8232(f)(1).
    (2) Records documenting the development of the maximum monitoring 
value or minimum monitoring value, as appropriate, according to Sec. 
63.8232(f)(2).
    (3) Records of hourly average values of applicable parameters 
monitored as specified in Sec. 63.8244(b)(2)(ii) or (iii).



Sec. 63.8258  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious inspection and review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.8262  What parts of the General Provisions apply to me?

    Table 10 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.13 apply to you.



Sec. 63.8264  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the United 
States Environmental Protection Agency (U.S. EPA), or a delegated 
authority such as your State, local, or tribal agency. If the EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency has the authority to implement and enforce this 
subpart. You should contact your EPA Regional Office to find out if this 
subpart is delegated to your 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 EPA Administrator and are not transferred to the State, 
local, or tribal agency.
    (c) The authorities in paragraphs (c)(1) through (4) of this section 
will not be delegated to State, local, or tribal agencies.
    (1) Approval of alternatives under Sec. 63.6(g) to the non-opacity 
emission limitations in Sec. 63.8190 and work practice standards in 
Sec. 63.8192.
    (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. 63.8266  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec. 63.2, 
and in this section as follows:
    Aqueous liquid means a liquid mixture in which water is the 
predominant component.
    Brine means an aqueous solution of alkali metal chloride, as sodium 
chloride salt solution or potassium chloride salt solution, that is used 
in the electrolyzer as a raw material.
    By-product hydrogen stream means the hydrogen gas from each 
decomposer that passes through the hydrogen system and is burned as 
fuel, transferred to another process as raw material, or discharged 
directly to the atmosphere.
    Caustic means an aqueous solution of alkali metal hydroxide, as 
sodium hydroxide or potassium hydroxide, that is produced in the 
decomposer.
    Caustic basket means a fixture adjacent to the decomposer that 
contains a serrated funnel over which the caustic from the decomposer 
passes, breaking into droplets such that electric current is 
interrupted.

[[Page 307]]

    Caustic system means all vessels, piping, and equipment that convey 
caustic and remove mercury from the caustic stream. The caustic system 
begins at the decomposer and ends after the primary filters.
    Cell room means a building or other structure in which one or more 
mercury cells are located.
    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, used to sample, condition (if 
applicable), analyze, and provide a record of process of control system 
parameters.
    Control device means a piece of equipment (such as condensers, 
coolers, chillers, heat exchangers, mist eliminators, absorption units, 
and adsorption units) that removes mercury from gaseous streams.
    Decomposer means the component of a mercury cell in which mercury 
amalgam and water react in bed of graphite packing (within a cylindrical 
vessel), producing caustic and hydrogen gas and returning mercury to its 
elemental form for re-use in the process.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including any operating limit) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
title V operating permit for any affected source required to obtain such 
a permit;
    (3) Fails to meet any emission limitation (including any operating 
limit) or work practice standard in this subpart during startup, 
shutdown, or malfunction, regardless of whether or not such failure is 
allowed by this subpart; or
    (4) Fails to take corrective actions within 48 hours that result in 
parameter monitoring values being within range.
    Electrolyzer means the main component of the mercury cell that 
consists of an elongated, shallow steel trough that holds a layer of 
mercury as a flowing cathode. The electrolyzer is enclosed by side 
panels and a top that suspends metal anodes. In the electrolyzer, brine 
is fed between a flowing mercury cathode and metal anodes in the 
presence of electricity to produce chlorine gas and an alkali metal-
mercury amalgam (mercury amalgam).
    Emission limitation means any emission limit or operating limit.
    End box means a component of a mercury cell for transferring 
materials between the electrolyzer and the decomposer. The inlet end box 
collects and combines raw materials at the inlet end of the cell, and 
the outlet end box separates and directs various materials either into 
the decomposer or out of the cell.
    End box ventilation system means all vessels, piping, and equipment 
that evacuate the head space of each mercury cell end box (and possibly 
other vessels and equipment) to the atmosphere. The end box ventilation 
system begins at the end box (and other vessel or equipment which is 
being evacuated) and terminates at the end box ventilation system vent. 
The end box ventilation system includes all control devices.
    End box ventilation system vent means the discharge point of the end 
box ventilation system to the atmosphere after all control devices.
    Hydrogen leak means hydrogen gas (containing mercury vapor) that is 
escaping from the decomposer or hydrogen system.
    Hydrogen system means all vessels, piping, and equipment that convey 
a by-product hydrogen stream. The hydrogen system begins at the 
decomposer and ends at the point just downstream of the last control 
device. The hydrogen system includes all control devices.
    In liquid mercury service means containing or coming in contact with 
liquid mercury.
    Liquid mercury accumulation means one or more liquid mercury 
droplets, or a pool of liquid mercury, present on the floor or other 
surface exposed to the atmosphere.

[[Page 308]]

    Liquid mercury leak means the liquid mercury that is dripping or 
otherwise escaping from process equipment.
    Liquid mercury spill means a liquid mercury accumulation resulting 
from a liquid mercury that leaked from process equipment or that dripped 
during maintenance or handling.
    Mercury cell means a device consisting of an electrolyzer and 
decomposer, with one or more end boxes, a mercury pump, and other 
components linking the electrolyzer and decomposer.
    Mercury cell amalgam seal pot means a compartment through which 
mercury amalgam passes from an outlet end box to a decomposer.
    Mercury cell chlor-alkali plant means all contiguous or adjoining 
property that is under common control, where mercury cells are used to 
manufacture product chlorine, product caustic, and by-product hydrogen 
and where mercury may be recovered from wastes.
    Mercury cell chlor-alkali production facility means an affected 
source consisting of all cell rooms and ancillary operations used in the 
manufacture of product chlorine, product caustic, and by-product 
hydrogen at a mercury cell chlor-alkali plant.
    Mercury concentration CMS, or mercury concentration continuous 
monitoring system, means a CMS, as defined in Sec. 63.2, that 
continuously measures the concentration of mercury.
    Mercury-containing wastes means waste materials containing mercury, 
which are typically classified under Resource Conservation and Recovery 
Act (RCRA) solid waste designations. K071 wastes are sludges from the 
brine system. K106 are wastewater treatment sludges. D009 wastes are 
non-specific mercury-containing wastes, further classified as either 
debris or nondebris (i.e., cell room sludges and carbon from 
decomposes).
    Mercury pump means a component of a mercury cell for conveying 
elemental mercury re-created in the decomposer to the beginning of the 
mercury cell. A mercury pump is typically found either as an in-line 
mercury pump (near a mercury suction pot or mercury seal pot) or 
submerged mercury pump (within a mercury pump tank or mercury pump 
seal).
    Mercury recovery facility means an affected source consisting of all 
processes and associated operations needed for mercury recovery from 
wastes at a mercury cell chlor-alkali plant.
    Mercury thermal recovery unit means the retort(s) where mercury-
containing wastes are heated to volatilize mercury and the mercury 
recovery/control system (control devices and other equipment) where the 
retort off-gas is cooled, causing mercury to condense and liquid mercury 
to be recovered.
    Mercury thermal recovery unit vent means the discharge point of the 
mercury thermal recovery unit to the atmosphere after all recovery/
control devices. This term encompasses both oven type vents and non-oven 
type vents.
    Mercury vacuum cleaner means a cleanup device used to draw a liquid 
mercury spill or accumulation (via suction pressure) into a closed 
compartment.
    Non-oven type mercury thermal recovery unit vent means the discharge 
point to the atmosphere after all recovery/control devices of a mercury 
thermal recovery unit in which the retort is either a rotary kiln or 
single hearth retort.
    Open-top container means any container that does not have a tight-
fitting cover that keeps its contents from being exposed to the 
atmosphere.
    Oven type mercury thermal recovery unit vent means the discharge 
point to the atmosphere after all recovery/control devices of a mercury 
thermal recovery unit in which each retort is a batch oven retort.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Retort means a furnace where mercury-containing wastes are heated to 
drive mercury into the gas phase. The types of retorts used as part of 
mercury thermal recovery units at mercury cell chlor-alkali plants 
include batch oven retorts, rotary kilns, and single hearth retorts.
    Spalling means fragmentation by chipping.
    Sump means a large reservoir or pit for wastewaters (primarily 
washdown waters).
    Trench means a narrow channel or depression built into the length of 
a

[[Page 309]]

cell room floor that leads washdown materials to a drain.
    Vent hose means a connection for transporting gases from the mercury 
cell.
    Virgin mercury means mercury that has not been processed in an 
onsite mercury thermal recovery unit or otherwise recovered from 
mercury-containing wastes onsite.
    Washdown means the act of rinsing a floor or surface with a stream 
of aqueous liquid to cleanse it of a liquid mercury spill or 
accumulation, generally by driving it into a trench.
    Week means any consecutive seven-day period.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.



   Sec. Table 1 to Subpart IIIII of Part 63--Work Practice Standards--
             Design, Operation, and Maintenance Requirements

    As stated in Sec. 63.8192, you must meet the work practice 
standards in the following table:

------------------------------------------------------------------------
             For . . .                         You must . . .
------------------------------------------------------------------------
1. Cell rooms.....................  a. For new or modified cell rooms,
                                     construct each cell room interior
                                     using materials that are resistant
                                     to absorption of mercury, resistant
                                     to corrosion, facilitate the
                                     detection of liquid mercury spills
                                     or accumulations, and are easy to
                                     clean.
                                    b. Limit access around and beneath
                                     mercury cells in each cell room to
                                     prevent liquid mercury from being
                                     tracked into other areas.
                                    c. Provide adequate lighting in each
                                     cell room to facilitate the
                                     detection of liquid mercury spills
                                     or accumulations.
                                    d. Minimize the number of items
                                     stored around and beneath cells in
                                     each cell room.
2. Mercury cells and electrolyzers  a. Operate and maintain each
                                     electrolyzer, decomposer, end box,
                                     and mercury pump to minimize
                                     leakage of mercury.
                                    b. Prior to opening an electrolyzer
                                     for maintenance, do the following:
                                     (1) Complete work that can be done
                                     before opening the electrolyzer in
                                     order to minimize the time required
                                     to complete maintenance when the
                                     electrolyzer is open; (2) fill the
                                     electrolyzer with an aqueous
                                     liquid, when possible; (3) allow
                                     the electrolyzer to cool before
                                     opening; and (4) schedule and staff
                                     maintenance of the electrolyzer to
                                     minimize the time the electrolyzer
                                     is open.
                                    c. When the electrolyzer top is
                                     raised and before moving the top
                                     and anodes, thoroughly flush all
                                     visible mercury from the top and
                                     the anodes with an aqueous liquid,
                                     when possible.
                                    d. While an electrolyzer is open,
                                     keep the bottom covered with an
                                     aqueous liquid or maintain a
                                     continuous flow of aqueous liquid,
                                     when possible.
                                    e. During an electrolyzer side panel
                                     change, take measures to ensure an
                                     aqueous liquid covers or flows over
                                     the bottom, when possible.
                                    f. Each time an electrolyzer is
                                     opened, inspect and replace
                                     components, as appropriate.
                                    g. If you step into an electrolyzer
                                     bottom, either remove all visible
                                     mercury from your footwear or
                                     replace them immediately after
                                     stepping out of the electrolyzer.
                                    h. If an electrolyzer is
                                     disassembled for overhaul
                                     maintenance or for any other
                                     reason, chemically clean the bed
                                     plate or thoroughly flush it with
                                     an aqueous liquid.
                                    i. Before transporting each
                                     electrolyzer part to another work
                                     area, remove all visible mercury
                                     from the part or contain the part
                                     to prevent mercury from dripping
                                     during transport.
                                    j. After completing maintenance on
                                     an electrolyzer, check any mercury
                                     piping flanges that were opened for
                                     liquid mercury leaks.
                                    k. If a liquid mercury spill occurs
                                     during any maintenance activity on
                                     an electrolyzer, clean it up in
                                     accordance with the requirements in
                                     Table 3 to this subpart.
3. Vessels in liquid mercury        If you replace a vessel containing
 service.                            mercury that is intended to trap
                                     and collect mercury after December
                                     19, 2003, replace it with a vessel
                                     that has a cone shaped bottom with
                                     a drain valve or other design that
                                     readily facilitates mercury
                                     collection.
4. Piping and process lines in      a. To prevent mercury buildup after
 liquid mercury service.             December 19, 2003, equip each new
                                     process line and piping system with
                                     smooth interiors and adequate low
                                     point drains or mercury knock-out
                                     pots to avoid liquid mercury
                                     buildup within the pipe and to
                                     facilitate mercury collection and
                                     recovery.
5. Cell room floors...............  a. Maintain a coating on cell room
                                     floors that is resistant to
                                     absorption of mercury and that
                                     facilitates the detection of liquid
                                     mercury spills or accumulations.
                                    b. Maintain cell room floors such
                                     that they are smooth and free of
                                     cracking and spalling.
                                    c. Maintain the cell room floor to
                                     prevent mercury accumulation in the
                                     corners.
                                    d. Maintain a layer of aqueous
                                     liquid on liquid mercury contained
                                     in trenches or drains and replenish
                                     the aqueous layer at least once per
                                     day.
                                    e. Keep the cell room floor clean
                                     and free of debris.
                                    f. If you step into a liquid mercury
                                     spill or accumulation, either
                                     remove all visible mercury from
                                     your footwear or replace your
                                     footwear immediately.
6. End boxes......................  a. Either equip each end box with a
                                     fixed cover that is leak tight, or
                                     route the end box head space to an
                                     end box ventilation system.

[[Page 310]]

 
                                    b. For each end box ventilation
                                     system: maintain a flow of aqueous
                                     liquid over the liquid mercury in
                                     the end box and maintain the
                                     temperature of the aqueous liquid
                                     below its boiling point, maintain a
                                     negative pressure in the end box
                                     ventilation system, and maintain
                                     the end box ventilation system in
                                     good condition.
                                    c. Maintain each end box cover in
                                     good condition and keep the end box
                                     closed when the cell is in service
                                     and when liquid mercury is flowing
                                     down the cell, except when
                                     operation or maintenance activities
                                     require short-term access.
                                    d. Keep all bolts and C-clamps used
                                     to hold the covers in place when
                                     the cell is in service and when
                                     liquid mercury is flowing down the
                                     cell.
                                    e. Maintain each access port stopper
                                     in an end box cover in good sealing
                                     condition and keep each end box
                                     access port closed when the cell is
                                     in service and when liquid mercury
                                     is flowing down the cell.
7. Decomposers....................  a. Maintain each decomposer cover in
                                     good condition and keep each
                                     decomposer closed and sealed,
                                     except when maintenance activities
                                     require the cover to be removed.
                                    b. Maintain connections between the
                                     decomposer and the corresponding
                                     cell components, hydrogen system
                                     piping, and caustic system piping
                                     in good condition and keep the
                                     connections closed/tight, except
                                     when maintenance activities require
                                     opening/loosening these
                                     connections.
                                    c. Keep each mercury cell amalgam
                                     seal pot closed and sealed, except
                                     when operation or maintenance
                                     activities require short-term
                                     access.
                                    d. Prior to opening a decomposer, do
                                     the following: fill the decomposer
                                     with an aqueous liquid or drain the
                                     decomposer liquid mercury into a
                                     container that meets requirements
                                     in Table 1, Item 9 or 10, allow the
                                     decomposer to cool before opening,
                                     and complete work that can be done
                                     before opening the decomposer.
                                    e. Take precautions to avoid mercury
                                     spills when changing graphite grids
                                     or balls in horizontal decomposers
                                     or graphite packing in vertical
                                     decomposers. If a spill occurs, you
                                     must clean it up in accordance with
                                     the requirements in Table 3 to this
                                     subpart.
                                    f. After each maintenance activity,
                                     use an appropriate technique (Table
                                     6 to this subpart) to check for
                                     hydrogen leaks.
                                    g. Before transporting any internal
                                     part from the decomposer (such as
                                     the graphite basket) to another
                                     work area, remove all visible
                                     mercury from the part or contain
                                     the part to prevent mercury from
                                     dripping during transport.
                                    h. Store carbon from decomposers in
                                     accordance with the requirements in
                                     40 CFR part 265, subparts I and CC,
                                     until the carbon is treated or is
                                     disposed.
8. Submerged mercury pumps........  a. Provide a vapor outlet connection
                                     from each submerged pump to an end
                                     box ventilation system. The
                                     connection must be maintained under
                                     negative pressure.
                                    b. Keep each mercury pump tank
                                     closed, except when maintenance or
                                     operation activities require the
                                     cover to be removed.
                                    c. Maintain a flow of aqueous liquid
                                     over the liquid mercury in each
                                     mercury pump tank and maintain the
                                     aqueous liquid at a temperature
                                     below its boiling point.
9. Open-top containers holding      Maintain a layer of aqueous liquid
 liquid mercury.                     over liquid mercury in each open-
                                     top container. Replenish the
                                     aqueous layer at least once per day
                                     and, when necessitated by operating
                                     procedures or observation, collect
                                     the liquid mercury from the
                                     container in accordance with the
                                     requirements in Table 4 to this
                                     subpart.
10. Closed containers used to       a. Store liquid mercury in
 store liquid mercury.               containers with tight fitting
                                     covers.
                                    b. Maintain the seals on the covers
                                     in good condition.
                                    c. Keep each container securely
                                     closed when mercury is not being
                                     added to, or removed from, the
                                     container.
11. Caustic systems...............  a. Maintain the seal between each
                                     caustic basket cover and caustic
                                     basket by using gaskets and other
                                     appropriate material.
                                    b. Do not allow solids and liquids
                                     collected from back-flushing
                                     primary caustic filters to contact
                                     floors or run into open trenches.
                                    c. Collect solids and liquids from
                                     back-flushing each primary caustic
                                     filter and collect these mercury-
                                     containing wastes in process
                                     vessels or in accordance with the
                                     requirements in 40 CFR part 265,
                                     subparts I and CC.
                                    d. Keep each caustic basket closed
                                     and sealed, except when operation
                                     or maintenance activities require
                                     short term access.
12. Hydrogen systems..............  a. Collect drips from each hydrogen
                                     seal pot and compressor seal in
                                     containers meeting the requirements
                                     in this table for open containers.
                                     These drips should not be allowed
                                     to run on the floor or in open
                                     trenches.
                                    b. Minimize purging of hydrogen from
                                     a decomposer into the cell room by
                                     either sweeping the decomposer with
                                     an inert gas or by routing the
                                     hydrogen to the hydrogen system.
                                    c. Maintain hydrogen piping gaskets
                                     in good condition.
                                    d. After any maintenance activities,
                                     use an appropriate technique (Table
                                     6 to this subpart) to check all
                                     hydrogen piping flanges that were
                                     opened for hydrogen leaks.
------------------------------------------------------------------------



   Sec. Table 2 to Subpart IIIII of Part 63--Work Practice Standards--
                          Required Inspections

    As stated in Sec. 63.8192, you must meet the work practice 
standards in the following table:

[[Page 311]]



----------------------------------------------------------------------------------------------------------------
                                      At least once each . . .
       You must inspect . . .                                    And if you find . . .        You must . . .
----------------------------------------------------------------------------------------------------------------
1. Each vent hose on each mercury     Half day................  A leaking vent hose....  Take action immediately
 cell.                                                                                    to correct the leak.
2. Each open-top container holding    Half day................  Liquid mercury that is   Take action immediately
 liquid mercury.                                                 not covered by an        to cover the liquid
                                                                 aqueous liquid.          mercury with an
                                                                                          aqueous liquid.
3. Each end box.....................  Half day................  a. An end box cover not  Take action immediately
                                                                 securely in place.       to put the end box
                                                                                          cover securely in
                                                                                          place.
                                                                b. An end box stopper    Take action immediately
                                                                 not securely in place.   to put the end box
                                                                                          stopper securely in
                                                                                          place.
                                                                c. Liquid mercury in an  Take action immediately
                                                                 end box that is not      to cover the liquid
                                                                 covered by an aqueous    mercury with an
                                                                 liquid at a              aqueous liquid.
                                                                 temperature below
                                                                 boiling.
4. Each mercury amalgam seal pot....  Half day................  A seal pot cover that    Take action immediately
                                                                 is not securely in       to put the seal pot
                                                                 place.                   cover securely in
                                                                                          place.
5. Each mercury seal pot............  Half day................  A mercury seal pot       Take action immediately
                                                                 stopper not securely     to put the mercury
                                                                 in place.                seal pot stopper
                                                                                          securely in place.
6. Cell room floors.................  Month...................  Cracks, spalling, or     Repair the crack,
                                                                 other deficiencies       spalling, or other
                                                                 that could cause         deficiency within 1
                                                                 liquid mercury to        month from the time
                                                                 become trapped.          you identify the
                                                                                          deficiency.
7. Pillars and beams................  6 months................  Cracks, spalling, or     Repair the crack,
                                                                 other deficiencies       spalling, or other
                                                                 that could cause         deficiency within 1
                                                                 liquid mercury to        month from the time
                                                                 become trapped.          you identify the
                                                                                          deficiency.
8. Each caustic basket..............  Half day................  A caustic basket cover   Take action immediately
                                                                 that is not securely     to put the caustic
                                                                 in place.                basket cover securely
                                                                                          in place.
9. All equipment and piping in the    Day.....................  Equipment that is        Initiate repair of the
 caustic system.                                                 leaking caustic.         leaking equipment
                                                                                          within 72 hours from
                                                                                          the time that you
                                                                                          identify the caustic
                                                                                          leak.
10. All floors and other surfaces     Half day................  A liquid mercury spill   Take the required
 where liquid mercury could                                      or accumulation.         action specified in
 accumulate in cell rooms and other                                                       Table 3 to this
 production facilities and in                                                             subpart.
 mercury recovery facilities.
11. Each electrolyzer bottom,         Day.....................  Equipment that is        Take the required
 electrolyzer side panel, end box,                               leaking liquid mercury.  action specified in
 mercury amalgam seal pot,                                                                Table 3 to this
 decomposer, mercury pump, and                                                            subpart.
 hydrogen cooler, and all other
 vessels, piping, and equipment in
 liquid mercury service in the cell
 room.
12. Each decomposer and all hydrogen  Half day................  Equipment that is        Take the required
 piping up to the hydrogen header.                               leaking hydrogen and/    action specified in
                                                                 or mercury vapor.        Table 3 to this
                                                                                          subpart.
13. All equipment in the hydrogen     3 months................  Equipment that is        Take the required
 system from the start of the header                             leaking hydrogen and/    action specified in
 to the last control device.                                     or mercury vapor.        Table 3 to this
                                                                                          subpart.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 3 to Subpart IIIII of Part 63--Work Practice Standards--
    Required Actions for Liquid Mercury Spills and Accumulations and 
                    Hydrogen and Mercury Vapor Leaks

    As stated in Sec. 63.8192, you must meet the work practice 
standards in the following table:

------------------------------------------------------------------------
During a required inspection or at
 any other time, If you find . . .             You must . . .
 
------------------------------------------------------------------------
1. A liquid mercury spill or        a. Initiate clean up of the liquid
 accumulation.                       mercury spill or accumulation as
                                     soon as possible, but no later than
                                     1 hour from the time you detect it.
                                    b. Clean up liquid mercury using a
                                     mercury vacuum cleaner or by using
                                     an alternative method. If you use
                                     an alternative method to clean up
                                     liquid mercury, you must submit a
                                     description of the method to the
                                     Administrator in your Notification
                                     of Compliance Status report.

[[Page 312]]

 
                                    c. If you use a mercury vacuum
                                     cleaner, the vacuum cleaner must be
                                     designed to prevent generation of
                                     airborne mercury; you must cap the
                                     ends of hoses after each use; and
                                     after vacuuming, you must wash down
                                     the area.
                                    d. Inspect all equipment in liquid
                                     mercury service in the surrounding
                                     area to identify the source of the
                                     liquid mercury within 1 hour from
                                     the time you detect the liquid
                                     mercury spill or accumulation.
                                    e. If you identify leaking equipment
                                     as the source of the spill or
                                     accumulation, contain the dripping
                                     mercury, stop the leak, and repair
                                     the leaking equipment as specified
                                     below.
                                    f. If you cannot identify the source
                                     of the liquid mercury spill or
                                     accumulation, re-inspect the area
                                     within 6 hours of the time you
                                     detected the liquid mercury spill
                                     or accumulation, or within 6 hours
                                     of the last inspection of the area.
2. Equipment that is leaking        a. Contain the liquid mercury
 liquid mercury.                     dripping from the leaking equipment
                                     by placing a container under the
                                     leak within 30 minutes from the
                                     time you identify the liquid
                                     mercury leak.
                                    b. The container must meet the
                                     requirement for open-top containers
                                     in Table 1 to this subpart.
                                    c. Make a first attempt at stopping
                                     the leak within 1 hour from the
                                     time you identify the liquid
                                     mercury leak.
                                    d. Stop the leak and repair the
                                     leaking equipment within 4 hours
                                     from the time you identify the
                                     liquid mercury leak.
                                    e. You can delay repair of equipment
                                     leaking liquid mercury if you
                                     either isolate the leaking
                                     equipment from the process so that
                                     it does not remain in mercury
                                     service; or determine that you
                                     cannot repair the leaking equipment
                                     without taking the cell off line,
                                     provided that you contain the
                                     dripping mercury at all times as
                                     described above, and take the cell
                                     off line as soon as practicable,
                                     but no later than 48 hours from the
                                     time you identify the leaking
                                     equipment. You cannot place the
                                     cell back into service until the
                                     leaking equipment is repaired.
3. A decomposer or hydrogen system  a. Make a first attempt at stopping
 piping up to the hydrogen header    the leak within 1 hour from the
 that is leaking hydrogen and/or     time you identify the hydrogen and/
 mercury vapor.                      or mercury vapor leak.
                                    b. Stop the leak and repair the
                                     leaking equipment within 4 hours
                                     from the time you identify the
                                     hydrogen and/or mercury vapor leak.
                                    c. You can delay repair of an
                                     equipment leaking hydrogen and/or
                                     mercury vapor if you isolate the
                                     leaking equipment or take the cell
                                     off line until you repair the
                                     leaking equipment.
4. Equipment in the hydrogen        a. Make a first attempt at stopping
 system, from the start of the       the leak within 4 hours from the
 hydrogen header to the last         time you identify the hydrogen and/
 control device, that is leaking     or mercury vapor leak.
 hydrogen and/or mercury vapor.
                                    b. Stop the leak and repair the
                                     header within 24 hours from the
                                     time you identify the hydrogen and/
                                     or mercury vapor leak.
                                    c. You can delay repair of equipment
                                     leaking hydrogen and/or mercury
                                     vapor if you isolate the leaking
                                     equipment.
------------------------------------------------------------------------



   Sec. Table 4 to Subpart IIIII of Part 63--Work Practice Standards--
               Requirements for Mercury Liquid Collection

    As stated in Sec. 63.8192, you must meet the work practice 
standards in the following table:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
You must collect liquid mercury    At the following        When collecting the mercury, you must meet these
 from . . .                            intervals                              requirements
----------------------------------------------------------------------------------------------------------------

[[Page 313]]

 
1. Open-top containers..........  a. At least once    i. If you spill     ii. From the time   iii. Within 4
                                   each 72 hours.      liquid mercury      that you collect    hours from the
                                                       during collection   liquid mercury      time you collect
                                                       or transport, you   into a temporary    the liquid
                                                       must take the       container until     mercury, you must
                                                       action specified    the time that you   transfer it from
                                                       in Table 3 to       store the liquid    each temporary
                                                       this subpart for    mercury, you must   container to a
                                                       liquid mercury      keep it covered     storage container
                                                       spills and          by an aqueous       that meets the
                                                       accumulations.      liquid.             specifications in
                                                                                               Table 1 to this
                                                                                               subpart.
2. Vessels, low point drains,     a. At least once    See 1.a.i through
 mercury knock-out pots, and       each week.          iii above.
 other closed mercury collection
 points.
3. All other equipment..........  a. Whenever         See 1.a.i. through
                                   maintenance         iii above.
                                   activities
                                   require the
                                   opening of the
                                   equipment.
----------------------------------------------------------------------------------------------------------------



  Sec. Table 5 to Subpart IIIII of Part 63--Required Elements of Floor-
     Level Mercury Vapor Measurement and Cell Room Monitoring Plans

    Your Floor-Level Mercury Vapor Measurement Plan required by Sec. 
63.8192(d) and Cell Room Monitoring Plan required by Sec. 63.8192(g) 
must contain the elements listed in the following table:

------------------------------------------------------------------------
 You must specify in your plan . .
                 .                         Additional requirements
------------------------------------------------------------------------
               Floor-Level Mercury Vapor Measurement Plan
------------------------------------------------------------------------
1. Locations in the cell room       The locations must be representative
 where you will measure the level    of the entire cell room floor area.
 of mercury vapor.                   At a minimum you must measure the
                                     level of mercury vapor above
                                     mercury-containing cell room
                                     equipment, as well as areas around
                                     the cells, decomposes, or other
                                     mercury-containing equipment.
2. Equipment or sampling and        If an instrument or other equipment
 analytical methods that you will    is used, the plan must include
 use to measure the level of         manufacturer specifications and
 mercury vapor.                      calibration procedures. The plan
                                     must also include a description of
                                     how you will ensure that the
                                     instrument will be calibrated and
                                     maintained according to
                                     manufacturer specifications.
3. Measurement frequency..........  Measurements must take place at
                                     least once each half day.
4. Number of measurements.........  At least three readings must be
                                     taken at each sample location and
                                     the average of these readings must
                                     be recorded.
5. A floor-level mercury            The action level may not be higher
 concentration action level.         than 0.05 mg/m\3\.
------------------------------------------------------------------------
                        Cell Room Monitoring Plan
------------------------------------------------------------------------
1. Details of your mercury
 monitoring system.
2. How representative sampling      Include some pre-plan measurements
 will be conducted.                  to demonstrate the profile of
                                     mercury concentration in the cell
                                     room and how the selected sampling
                                     locations ensure conducted
                                     representativeness.
3. Quality assurance/quality        Include a description of how you
 control procedures for your         will keep records or other means to
 mercury monitoring system.          demonstrate that the system is
                                     operating properly.
4. Your action level..............  Include the background data used to
                                     establish your level.
------------------------------------------------------------------------


[[Page 314]]



  Sec. Table 6 to Subpart IIIII of Part 63--Examples of Techniques for 
   Equipment Problem Identification, Leak Detection and Mercury Vapor

    As stated in Tables 1 and 2 of Subpart IIIII, examples of techniques 
for equipment problem identification, leak detection and mercury vapor 
measurements can be found in the following table:

------------------------------------------------------------------------
                                   You could use . .     Principle of
         To detect . . .                   .            detection . . .
------------------------------------------------------------------------
1. Leaking vent hoses; liquid     Visual inspections
 mercury that is not covered by
 an aqueous liquid in open-top
 containers or end boxes; end
 box covers or stoppers, amalgam
 seal pot stoppers, or caustic
 basket covers not securely in
 place; cracks or spalling in
 cell room floors, pillars, or
 beams; caustic leaks; liquid
 mercury accumulations or
 spills; and equipment that is
 leaking liquid mercury.
2. Equipment that is leaking      a. Auditory and
 hydrogen and/or mercury vapor     visual
 during inspections required by    inspections
 Table 2 to this subpart.
                                  b. Portable         A sample of gas is
                                   mercury vapor       drawn through a
                                   analyzer--ultravi   detection cell
                                   olet light          where ultraviolet
                                   absorption          light at 253.7
                                   detector.           nanometers (nm)
                                                       is directed
                                                       perpendicularly
                                                       through the
                                                       sample toward a
                                                       photodetector.
                                                       Elemental mercury
                                                       absorbs the
                                                       incident light in
                                                       proportion to its
                                                       concentration in
                                                       the air stream.
                                  c. Portable         A sample of gas is
                                   mercury vapor       drawn through a
                                   analyzer--gold      detection cell
                                   film amalgamation   containing a gold
                                   detector.           film detector.
                                                       Elemental mercury
                                                       amalgamates with
                                                       the gold film,
                                                       changing the
                                                       resistance of the
                                                       detector in
                                                       proportion to the
                                                       mercury
                                                       concentration in
                                                       the air sample.
                                  d. Portable short-  Ultraviolet light
                                   wave ultraviolet    is directed
                                   light,              toward a
                                   fluorescent         fluorescent
                                   background--visua   background
                                   l indication.       positioned behind
                                                       a suspected
                                                       source of mercury
                                                       emissions.
                                                       Elemental mercury
                                                       vapor absorbs the
                                                       ultraviolet
                                                       light, projecting
                                                       a dark shadow
                                                       image on the
                                                       fluorescent
                                                       background.
                                  e. Portable
                                   combustible gas
                                   meter.
3. Level of mercury vapor in the  a. Portable         See Item 2.b.
 cell room and other areas.        mercury vapor
                                   analyzer--ultravi
                                   olet light
                                   absorption
                                   detector.
                                  b. Portable         See Item 2.c.
                                   mercury vapor
                                   analyzer--gold
                                   film amalgamation
                                   detector.
                                  c. Permanganate     A known volume of
                                   impingement.        gas sample is
                                                       absorbed in
                                                       potassium
                                                       permanganate
                                                       solution.
                                                       Elemental mercury
                                                       in the solution
                                                       is determined
                                                       using a cold
                                                       vapor adsorption
                                                       analyzer, and the
                                                       concentration of
                                                       mercury in the
                                                       gas sample is
                                                       calculated.
------------------------------------------------------------------------



Sec. Table 7 to Subpart IIIII of Part 63--Required Elements of Washdown 
                                  Plans

    As stated in Sec. 63.8192, your written washdown plan must address 
the elements contained in the following table:

------------------------------------------------------------------------
                                              You must establish the
 For each of the following areas . . .    following as part of your plan
                                                      . . .
------------------------------------------------------------------------
1. Center aisles of cell rooms.........  A description of the manner of
                                          washdown of the area, and the
                                          washdown frequency for the
                                          area.
2. Electrolyzers
3. End boxes and areas under end boxes
4. Decomposers and areas under
 decomposers
5. Caustic baskets and areas around
 caustic baskets
6. Hydrogen system piping
7. Basement floor of cell rooms

[[Page 315]]

 
8. Tanks
9. Pillars and beams in cell rooms
10. Mercury cell repair areas
11. Maintenance shop areas
12. Work tables
13. Mercury thermal recovery units
14. Storage areas for mercury-
 containing wastes
------------------------------------------------------------------------



  Sec. Table 8 to Subpart IIIII of Part 63--Requirements for Cell Room 
                           Monitoring Program

    As stated in Sec. 63.8192(g)(1), your mercury monitoring system 
must meet the requirements contained in the following table:

------------------------------------------------------------------------
    If you utilize an . . .         Your . . .           Must . . .
------------------------------------------------------------------------
1. Extractive cold vapor        a. Mercury vapor   Be capable of
 spectroscopy system.            analyzer.          continuously
                                                    monitoring the
                                                    elemental mercury
                                                    concentration with a
                                                    detection level at
                                                    least two times
                                                    lower than the
                                                    baseline mercury
                                                    concentration in the
                                                    cell room.
                                b. Sampling        Obtain measurements
                                 system.            at three or more
                                                    locations along the
                                                    center aisle of the
                                                    cell room at a
                                                    height sufficient to
                                                    ensure that sample
                                                    is representative of
                                                    the entire cell
                                                    room. One sampling
                                                    location must be
                                                    above the midpoint
                                                    of the center aisle,
                                                    and the other two an
                                                    equidistance between
                                                    the midpoint and the
                                                    end of the cells.
2. Open path differential       a. Mercury vapor   Be capable of
 optical absorption              analyzer.          continuously
 spectroscopy system.                               monitoring the
                                                    elemental mercury
                                                    concentration with a
                                                    detection level at
                                                    least two times
                                                    lower than the
                                                    baseline mercury
                                                    concentration in the
                                                    cell room.
                                b. Path..........  Be directed along the
                                                    center aisle at a
                                                    height sufficient to
                                                    ensure that the
                                                    sample is
                                                    representative of
                                                    the entire cell
                                                    room.
------------------------------------------------------------------------



  Sec. Table 9 to Subpart IIIII of Part 63--Required Records for Work 
                           Practice Standards

    As stated in Sec. 63.8256(c), you must keep the records (related to 
the work practice standards) specified in the following table:

------------------------------------------------------------------------
                                          You must record the following
             For each . . .                     information . . .
------------------------------------------------------------------------
1. Inspection required by Table 2 to     Date and time the inspection
 this subpart.                            was conducted.
2. Situation found during an inspection  a. Description of the
 required by Table 2 to this subpart:     condition.
 leaking vent hose; open-top container   b. Location of the condition.
 where liquid mercury is not covered by  c. Date and time you identify
 an aqueous liquid; end box cover that    the condition.
 is not securely in place; end box       d. Description of the
 stopper that is not securely in place;   corrective action taken.
 end box where liquid mercury is not     e. Date and time you
 covered by an aqueous liquid at a        successfully complete the
 temperature below boiling; seal pot      corrective action.
 cover that is not securely in place;
 open or mercury seal pot stopper that
 is not securely in place; crack,
 spalling, or other deficiency in a
 cell room floor, pillar, or beam that
 could cause liquid mercury to become
 trapped; or caustic basket that is not
 securely in place.
3. Caustic leak during an inspection     a. Location of the leak.
 required by Table 2 to this subpart.    b. Date and time you identify
                                          the leak.
                                         c. Date and time you
                                          successfully stop the leak and
                                          repair the leaking equipment.
4. Liquid mercury spill or accumulation  a. Location of the liquid
 identified during an inspection          mercury spill or accumulation.
 required by Table 2 to this subpart or  b. Estimate of the weight of
 at any other time.                       liquid mercury.
                                         c. Date and time you detect the
                                          liquid mercury spill or
                                          accumulation.
                                         d. Method you use to clean up
                                          the liquid mercury spill or
                                          accumulation.
                                         e. Date and time when you clean
                                          up the liquid mercury spill or
                                          accumulation.
                                         f. Source of the liquid mercury
                                          spill or accumulation.
                                         g. If the source of the liquid
                                          mercury spill or accumulation
                                          is not identified, the time
                                          when you reinspect the area.

[[Page 316]]

 
5. Liquid mercury leak or hydrogen leak  a. Location of the leak.
 identified during an inspection         b. Date and time you identify
 required by Table 2 to this subpart or   the leak.
 at any other time.                      c. If the leak is a liquid
                                          mercury leak, the date and
                                          time that you successfully
                                          contain the dripping liquid
                                          mercury.
                                         d. Date and time you first
                                          attempt to stop the leak.
                                         e. Date and time you
                                          successfully stop the leak and
                                          repair the leaking equipment.
                                         f. If you take a cell off line
                                          or isolate the leaking
                                          equipment, the date and time
                                          you take the cell off line or
                                          isolate the leaking equipment,
                                          and the date and time you put
                                          the cell or isolated equipment
                                          back into service.
6. Occasion for which it is not          a. Reason for not being able to
 possible to perform the design,          perform each procedure
 operation and maintenance procedures     determined to be not possible.
 required by Item 2 of Table 1 to this   b. Actions taken to reduce or
 subpart.                                 prevent mercury emissions, in
                                          lieu of the requirements in
                                          Table 1 to this subpart.
------------------------------------------------------------------------



  Sec. Table 10 to Subpart IIIII of Part 63--Applicability of General 
                       Provisions to Subpart IIIII

    As stated in Sec. 63.8262, you must comply with the applicable 
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                        Subject                   IIIII                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1..........................  Applicability..........  Yes....................
Sec.  63.2..........................  Definitions............  Yes....................
Sec.  63.3..........................  Units and Abbreviations  Yes....................
Sec.  63.4..........................  Prohibited Activities..  Yes....................
Sec.  63.5..........................  Construction/            Yes....................
                                        Reconstruction.
Sec.  63.6(a)-(g), (i), (j).........  Compliance with          Yes....................
                                        Standards and
                                        Maintenance
                                        Requirements.
Sec.  63.6(h).......................  Compliance with Opacity  No.....................  Subpart IIIII does not
                                        and Visible Emission                              have opacity and
                                        Standards.                                        visible emission
                                                                                          standards.
Sec.  63.7(a)(1), (b)-(h)...........  Performance Testing      Yes....................  Subpart IIIII specifies
                                        Requirements.                                     additional
                                                                                          requirements related
                                                                                          to site-specific test
                                                                                          plans and the conduct
                                                                                          of performance tests.
Sec.  63.7(a)(2)....................  Applicability and        No.....................  Subpart IIIII requires
                                        Performance Test Dates.                           the performance test
                                                                                          to be performed on the
                                                                                          compliance date.
Sec.  63.8(a)(1), (a)(3); (b);        Monitoring Requirements  Yes....................
 (c)(1)-(4), (6)-(8); (d); (e); and
 (f)(1)-(5).
Sec.  63.8(a)(2)....................  Continuous Monitoring    No.....................  Subpart IIIII requires
                                        System (CMS)                                      a site-specific
                                        Requirements.                                     monitoring plan in
                                                                                          lieu of a promulgated
                                                                                          performance
                                                                                          specification for a
                                                                                          mercury concentration
                                                                                          CMS.
Sec.  63.8(a)(4)....................  Additional Monitoring    No.....................  Subpart IIIII does not
                                        Requirements for                                  require flares.
                                        Control Devices in
                                        Sec.  63.11.
Sec.  63.8(c)(5)....................  COMS Minimum Procedures  No.....................  Subpart IIIII does not
                                                                                          have opacity and
                                                                                          visible emission
                                                                                          standards.
Sec.  63.8(f)(6)....................  Alternative to Relative  No.....................  Subpart IIIII does not
                                        Accuracy Test.                                    require CEMS.
Sec.  63.8(g).......................  Data Reduction.........  No.....................  Subpart IIIII specifies
                                                                                          mercury concentration
                                                                                          CMS data reduction
                                                                                          requirements.
Sec.  63.9(a)-(e), (g)-(j)..........  Notification             Yes....................
                                        Requirements.
Sec.  63.9(f).......................  Notification of VE/      No.....................  Subpart IIIII does not
                                        Opacity Test.                                     have opacity and
                                                                                          visible emission
                                                                                          standards.
Sec.  63.10(a); (b)(1); (b)(2)(i)-    Recordkeeping/Reporting  Yes....................
 (xii), (xiv); (b)(3); (c); (d)(1)-
 (2), (4)-(5); (e); (f).
Sec.  63.10(b)(2)(xiii).............  CMS Records for RATA     No.....................  Subpart IIIII does not
                                        Alternative.                                      require CEMS.

[[Page 317]]

 
Sec.  63.10(d)(3)...................  Reporting Opacity or VE  No.....................  Subpart IIIII does not
                                        Observations.                                     have opacity and
                                                                                          visible emission
                                                                                          standards.
Sec.  63.11.........................  Flares.................  No.....................  Subpart IIIII does not
                                                                                          require flares.
Sec.  63.12.........................  Delegation.............  Yes....................
Sec.  63.13.........................  Addresses..............  Yes....................
Sec.  63.14.........................  Incorporation by         Yes....................
                                        Reference.
Sec.  63.15.........................  Availability of          Yes....................
                                        Information.
----------------------------------------------------------------------------------------------------------------



 Subpart JJJJJ_National Emission Standards for Hazardous Air Pollutants 
          for Brick and Structural Clay Products Manufacturing

    Source: 68 FR 26722, May 16, 2003, unless otherwise note.

                        What This Subpart Covers



Sec. 63.8380  What is the purpose of this subpart?

    This subpart establishes national emission limitations for hazardous 
air pollutants (HAP) emitted from brick and structural clay products 
(BSCP) manufacturing facilities. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations.



Sec. 63.8385  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a BSCP 
manufacturing facility that is, is located at, or is part of, a major 
source of HAP emissions according to the criteria in paragraphs (a) and 
(b) of this section.
    (a) A BSCP manufacturing facility is a plant site that manufactures 
brick (including, but not limited to, face brick, structural brick, and 
brick pavers); clay pipe; roof tile; extruded floor and wall tile; and/
or other extruded, dimensional clay products. Brick and structural clay 
products manufacturing facilities typically process raw clay and shale, 
form the processed materials into bricks or shapes, and dry and fire the 
bricks or shapes.
    (b) A major source of HAP emissions is any stationary source or 
group of stationary sources within a contiguous area under common 
control that 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 HAP 
at a rate of 22.68 megagrams (25 tons) or more per year.



Sec. 63.8390  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing, new, or reconstructed 
affected source at a BSCP manufacturing facility.
    (b) The existing affected source is an existing tunnel kiln with a 
design capacity equal to or greater than 9.07 megagrams per hour (Mg/hr) 
(10 tons per hour (tph)) of fired product according to paragraphs (b)(1) 
through (3) of this section. For the remainder of this subpart, a tunnel 
kiln with a design capacity equal to or greater than 9.07 Mg/hr (10 tph) 
of fired product will be called a large tunnel kiln, and a tunnel kiln 
with a design capacity less than 9.07 Mg/hr (10 tph) of fired product 
will be called a small tunnel kiln.
    (1) For existing tunnel kilns that do not have sawdust dryers, the 
kiln exhaust process stream (i.e., the only process stream) is subject 
to the requirements of this subpart.
    (2) For existing tunnel kilns that ducted exhaust to sawdust dryers 
prior to July 22, 2002, only the kiln exhaust process stream (i.e., the 
process stream that exhausts directly to the atmosphere or to an air 
pollution control device (APCD)) is subject to the requirements of this 
subpart. As such, any process stream that is ducted to a sawdust dryer 
is not subject to these requirements.
    (3) For existing tunnel kilns that first ducted exhaust to sawdust 
dryers on or after July 22, 2002, all of the exhaust (i.e., all process 
streams) is subject to the requirements of this subpart.
    (c) An existing small tunnel kiln whose design capacity is increased 
such

[[Page 318]]

that it is equal to or greater than 9.07 Mg/hr (10 tph) of fired product 
is subject to the requirements of this subpart.
    (d) An existing tunnel kiln with a federally enforceable permit 
condition that restricts kiln operation to less than 9.07 Mg/hr (10 tph) 
of fired product on a 12-month rolling average basis is not subject to 
the requirements of this subpart.
    (e) Each new or reconstructed tunnel kiln is an affected source 
regardless of design capacity. All process streams from each new or 
reconstructed tunnel kiln are subject to the requirements of this 
subpart.
    (f) Kilns that are used exclusively for research and development 
(R&D) and are not used to manufacture products for commercial sale, 
except in a de minimis manner, are not subject to the requirements of 
this subpart.
    (g) Kilns that are used exclusively for setting glazes on previously 
fired products are not subject to the requirements of this subpart.
    (h) A source is a new affected source if construction of the 
affected source began after July 22, 2002, and you met the applicability 
criteria at the time you began construction.
    (i) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2, except as provided in paragraphs (i)(1) and 
(i)(2) of this section.
    (1) It is not technologically and economically feasible for an 
existing small tunnel kiln whose design capacity is increased such that 
it is equal to or greater than 9.07 Mg/hr (10 tph) of fired product to 
meet the relevant standards (i.e., new source maximum achievable control 
technology (MACT)) by retrofitting with a dry lime injection fabric 
filter (DIFF), dry lime scrubber/fabric filter (DLS/FF), or wet scrubber 
(WS).
    (2) It is not technologically and economically feasible for an 
existing large dry limestone adsorber (DLA)-controlled kiln to meet the 
relevant standards by retrofitting with a DIFF, DLS/FF, or WS.
    (j) An affected source is existing if it is not new or 
reconstructed.



Sec. 63.8395  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If the initial startup of your affected source is before May 16, 
2003, then you must comply with the applicable emission limitations in 
Tables 1 and 2 to this subpart no later than May 16, 2003.
    (2) If the initial startup of your affected source is after May 16, 
2003, then you must comply with the applicable emission limitations in 
Tables 1 and 2 to this subpart upon initial startup of your affected 
source.
    (b) If you have an existing affected source, you must comply with 
the applicable emission limitations in Tables 1 and 2 to this subpart no 
later than May 16, 2006.
    (c) If you have an existing area source that increases its emissions 
or its potential to emit such that it becomes a major source of HAP, you 
must be in compliance with this subpart according to paragraphs (c)(1) 
and (2) of this section.
    (1) Any portion of the existing facility that is a new affected 
source or a new reconstructed source must be in compliance with this 
subpart upon startup.
    (2) All other parts of the existing facility must be in compliance 
with this subpart by 3 years after the date the area source becomes a 
major source.
    (d) If you have a new area source (i.e., an area source for which 
construction or reconstruction commenced after July 22, 2002) that 
increases its emissions or its potential to emit such that it becomes a 
major source of HAP, you must be in compliance with this subpart upon 
initial startup of your affected source as a major source.
    (e) You must meet the notification requirements in Sec. 63.8480 
according to the schedule in Sec. 63.8480 and in 40 CFR part 63, 
subpart A. Some of the notifications must be submitted before you are 
required to comply with the emission limitations in this subpart.

[[Page 319]]

                          Emission Limitations



Sec. 63.8405  What emission limitations must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.



Sec. 63.8410  What are my options for meeting the emission limitations?

    To meet the emission limitations in Tables 1 and 2 to this subpart, 
you must use one or more of the options listed in paragraphs (a) and (b) 
of this section.
    (a) Emissions control system. Use an emissions capture and 
collection system and an APCD and demonstrate that the resulting 
emissions or emissions reductions meet the emission limits in Table 1 to 
this subpart, and that the capture and collection system and APCD meet 
the applicable operating limits in Table 2 to this subpart.
    (b) Process changes. Use low-HAP raw materials or implement 
manufacturing process changes and demonstrate that the resulting 
emissions or emissions reductions meet the emission limits in Table 1 to 
this subpart.

                     General Compliance Requirements



Sec. 63.8420  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits) in this subpart at all times, except during 
periods of startup, shutdown, and malfunction and during periods of 
routine control device maintenance as specified in paragraph (e) of this 
section.
    (b) Except as specified in paragraph (e) of this section, you must 
always operate and maintain your affected source, including air 
pollution control and monitoring equipment, according to the provisions 
in Sec. 63.6(e)(1)(i). During the period between the compliance date 
specified for your affected source in Sec. 63.8395 and the date upon 
which continuous monitoring systems (CMS) (e.g., continuous parameter 
monitoring systems) have been installed and verified and any applicable 
operating limits have been set, you must maintain a log detailing the 
operation and maintenance of the process and emissions control 
equipment.
    (c) You must develop a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
    (d) You must prepare and implement a written operation, maintenance, 
and monitoring (OM&M) plan according to the requirements in Sec. 
63.8425.
    (e) If you own or operate an affected kiln and must perform routine 
maintenance on the control device for that kiln, you may bypass the kiln 
control device and continue operating the kiln upon approval by the 
Administrator provided you satisfy the conditions listed in paragraphs 
(e)(1) through (5) of this section.
    (1) You must request a routine control device maintenance exemption 
from the Administrator. Your request must justify the need for the 
routine maintenance on the control device and the time required to 
accomplish the maintenance activities, describe the maintenance 
activities and the frequency of the maintenance activities, explain why 
the maintenance cannot be accomplished during kiln shutdowns, describe 
how you plan to minimize emissions to the greatest extent possible 
during the maintenance, and provide any other documentation required by 
the Administrator.
    (2) The routine control device maintenance exemption must not exceed 
4 percent of the annual operating uptime for each kiln.
    (3) The request for the routine control device maintenance 
exemption, if approved by the Administrator, must be incorporated by 
reference in and attached to the affected source's title V permit.
    (4) You must minimize HAP emissions during the period when the kiln 
is operating and the control device is offline.
    (5) You must minimize the time period during which the kiln is 
operating and the control device is offline.
    (f) You must be in compliance with the provisions of subpart A of 
this part,

[[Page 320]]

except as noted in Table 7 to this subpart.

[68 FR 26722, May 16, 2003, as amended at 71 FR 20469, Apr. 20, 2006]



Sec. 63.8425  What do I need to know about operation, maintenance, and 

monitoring plans?

    (a) You must prepare, implement, and revise as necessary an OM&M 
plan that includes the information in paragraph (b) of this section. 
Your OM&M plan must be available for inspection by the permitting 
authority upon request.
    (b) Your OM&M plan must include, as a minimum, the information in 
paragraphs (b)(1) through (13) of this section.
    (1) Each process and APCD to be monitored, the type of monitoring 
device that will be used, and the operating parameters that will be 
monitored.
    (2) A monitoring schedule that specifies the frequency that the 
parameter values will be determined and recorded.
    (3) The limits for each parameter that represent continuous 
compliance with the emission limitations in Sec. 63.8405. The limits 
must be based on values of the monitored parameters recorded during 
performance tests.
    (4) Procedures for the proper operation and routine and long-term 
maintenance of each APCD, including a maintenance and inspection 
schedule that is consistent with the manufacturer's recommendations.
    (5) Procedures for installing the CMS sampling probe or other 
interface at a measurement location relative to each affected process 
unit such that the measurement is representative of control of the 
exhaust emissions (e.g., on or downstream of the last APCD).
    (6) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system.
    (7) Continuous monitoring system performance evaluation procedures 
and acceptance criteria (e.g., calibrations).
    (8) Procedures for the proper operation and maintenance of 
monitoring equipment consistent with the requirements in Sec. Sec. 
63.8450 and 63.8(c)(1), (3), (4)(ii), (7), and (8).
    (9) Continuous monitoring system data quality assurance procedures 
consistent with the requirements in Sec. 63.8(d).
    (10) Continuous monitoring system recordkeeping and reporting 
procedures consistent with the requirements in Sec. 63.10(c), (e)(1), 
and (e)(2)(i).
    (11) Procedures for responding to operating parameter deviations, 
including the procedures in paragraphs (b)(11)(i) through (iii) of this 
section.
    (i) Procedures for determining the cause of the operating parameter 
deviation.
    (ii) Actions for correcting the deviation and returning the 
operating parameters to the allowable limits.
    (iii) Procedures for recording the times that the deviation began 
and ended and corrective actions were initiated and completed.
    (12) Procedures for keeping records to document compliance.
    (13) If you operate an affected kiln and you plan to take the kiln 
control device out of service for routine maintenance, as specified in 
Sec. 63.8420(e), the procedures specified in paragraphs (b)(13)(i) and 
(ii) of this section.
    (i) Procedures for minimizing HAP emissions from the kiln during 
periods of routine maintenance of the kiln control device when the kiln 
is operating and the control device is offline.
    (ii) Procedures for minimizing the duration of any period of routine 
maintenance on the kiln control device when the kiln is operating and 
the control device is offline.
    (c) Changes to the operating limits in your OM&M plan require a new 
performance test. If you are revising an operating limit parameter 
value, you must meet the requirements in paragraphs (c)(1) and (2) of 
this section.
    (1) Submit a notification of performance test to the Administrator 
as specified in Sec. 63.7(b).
    (2) After completing the performance tests to demonstrate that 
compliance with the emission limits can be achieved at the revised 
operating limit parameter value, you must submit the performance test 
results and the revised operating limits as part of the Notification of 
Compliance Status required under Sec. 63.9(h).

[[Page 321]]

    (d) If you are revising the inspection and maintenance procedures in 
your OM&M plan, you do not need to conduct a new performance test.

               Testing and Initial Compliance Requirements



Sec. 63.8435  By what date must I conduct performance tests?

    You must conduct performance tests within 180 calendar days after 
the compliance date that is specified for your source in Sec. 63.8395 
and according to the provisions in Sec. 63.7(a)(2).



Sec. 63.8440  When must I conduct subsequent performance tests?

    (a) You must conduct a performance test before renewing your 40 CFR 
part 70 operating permit or at least every 5 years following the initial 
performance test.
    (b) You must conduct a performance test when you want to change the 
parameter value for any operating limit specified in your OM&M plan.



Sec. 63.8445  How do I conduct performance tests and establish operating 

limits?

    (a) You must conduct each performance test in Table 3 to this 
subpart that applies to you.
    (b) Before conducting the performance test, you must install and 
calibrate all monitoring equipment.
    (c) Each performance test must be conducted according to the 
requirements in Sec. 63.7 and under the specific conditions in Table 3 
to this subpart.
    (d) You must test while operating at the maximum production level.
    (e) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (f) You must conduct at least three separate test runs for each 
performance test required in this section, as specified in Sec. 
63.7(e)(3). Each test run must last at least 1 hour.
    (g) You must use the data gathered during the performance test and 
the equations in paragraphs (g)(1) and (2) of this section to determine 
compliance with the emission limitations.
    (1) To determine compliance with the production-based hydrogen 
fluoride (HF), hydrogen chloride (HCl), and particulate matter (PM) 
emission limits in Table 1 to this subpart, you must calculate your mass 
emissions per unit of production for each test run using Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR16MY03.000

Where:

MP=mass per unit of production, kilograms (pounds) of pollutant per 
megagram (ton) of fired product
ER=mass emission rate of pollutant (HF, HCl, or PM) during each 
performance test run, kilograms (pounds) per hour
P=production rate during each performance test run, megagrams (tons) of 
fired product per hour.

    (2) To determine compliance with the percent reduction HF and HCl 
emission limits in Table 1 to this subpart, you must calculate the 
percent reduction for each test run using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR16MY03.001

Where:

PR=percent reduction, percent
ERi=mass emission rate of specific HAP (HF or HCl) entering 
the APCD, kilograms (pounds) per hour
ERo=mass emission rate of specific HAP (HF or HCl) exiting 
the APCD, kilograms (pounds) per hour.

    (h) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you as specified in Table 3 to this 
subpart.
    (i) For each affected kiln that is equipped with an APCD that is not 
addressed in Table 2 to this subpart or that is using process changes as 
a means of meeting the emission limits in Table 1 to this subpart, you 
must meet the requirements in Sec. 63.8(f) and paragraphs (i)(1) and 
(2) of this section.
    (1) Submit a request for approval of alternative monitoring 
procedures to the Administrator no later than the notification of intent 
to conduct a performance test. The request must contain the information 
specified in paragraphs (i)(1)(i) through (iv) of this section.
    (i) A description of the alternative APCD or process changes.

[[Page 322]]

    (ii) The type of monitoring device or procedure that will be used.
    (iii) The operating parameters that will be monitored.
    (iv) The frequency that the operating parameter values will be 
determined and recorded to establish continuous compliance with the 
operating limits.
    (2) Establish site-specific operating limits during the performance 
test based on the information included in the approved alternative 
monitoring procedures request and, as applicable, as specified in Table 
3 to this subpart.



Sec. 63.8450  What are my monitoring installation, operation, and maintenance 

requirements?

    (a) You must install, operate, and maintain each CMS according to 
your OM&M plan and the requirements in paragraphs (a)(1) through (5) of 
this section.
    (1) Conduct a performance evaluation of each CMS according to your 
OM&M plan.
    (2) The CMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. To have a valid hour of data, you must 
have at least three of four equally spaced data values (or at least 75 
percent if you collect more than four data values per hour) for that 
hour (not including startup, shutdown, malfunction, out-of-control 
periods, or periods of routine control device maintenance covered by a 
routine control device maintenance exemption as specified in Sec. 
63.8420(e)).
    (3) Determine and record the 3-hour block averages of all recorded 
readings, calculated after every 3 hours of operation as the average of 
the previous 3 operating hours. To calculate the average for each 3-hour 
average period, you must have at least 75 percent of the recorded 
readings for that period (not including startup, shutdown, malfunction, 
out-of-control periods, or periods of routine control device maintenance 
covered by a routine control device maintenance exemption as specified 
in Sec. 63.8420(e)).
    (4) Record the results of each inspection, calibration, and 
validation check.
    (5) At all times, maintain the monitoring equipment including, but 
not limited to, maintaining necessary parts for routine repairs of the 
monitoring equipment.
    (b) For each liquid flow measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (b)(1) 
through (3) of this section.
    (1) Locate the flow sensor in a position that provides a 
representative flowrate.
    (2) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the liquid flowrate.
    (3) At least semiannually, conduct a flow sensor calibration check.
    (c) For each pressure measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (c)(1) 
through (7) of this section.
    (1) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.
    (4) Check the pressure tap daily to ensure that it is not plugged.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Any time the sensor exceeds the manufacturer's specified maximum 
operating pressure range, conduct calibration checks or install a new 
pressure sensor.
    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (d) For each pH measurement device, you must meet the requirements 
in paragraphs (a)(1) through (5) and paragraphs (d)(1) through (4) of 
this section.
    (1) Locate the pH sensor in a position that provides a 
representative measurement of pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Check the pH meter's calibration on at least two points every 8 
hours of process operation.

[[Page 323]]

    (4) At least monthly, inspect all components for integrity and all 
electrical connections for continuity.
    (e) For each bag leak detection system, you must meet the 
requirements in paragraphs (e)(1) through (11) of this section.
    (1) Each triboelectric bag leak detection system must be installed, 
calibrated, operated, and maintained 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-19), 
Research Triangle Park, NC 27711. This document is also available on the 
Technology Transfer Network (TTN) under Emission Measurement Center 
Continuous Emission Monitoring. Other types of bag leak detection 
systems must be installed, operated, calibrated, and maintained in a 
manner consistent with the manufacturer's written specifications and 
recommendations.
    (2) 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.
    (3) The bag leak detection system sensor must provide an output of 
relative PM loadings.
    (4) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (5) 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.
    (6) For positive pressure fabric filter systems, a bag leak detector 
must be installed in each baghouse compartment or cell.
    (7) For negative pressure or induced air fabric filters, the bag 
leak detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (9) 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.''
    (10) 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 your OM&M 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 that demonstrates that the fabric 
filter is in good operating condition. Record each adjustment.
    (11) Record the results of each inspection, calibration, and 
validation check.
    (f) For each lime or chemical feed rate measurement device, you must 
meet the requirements in paragraphs (a)(1) through (5) and paragraphs 
(f)(1) and (2) of this section.
    (1) Locate the measurement device in a position that provides a 
representative feed rate measurement.
    (2) At least semiannually, conduct a calibration check.
    (g) For each limestone feed system on a DLA, you must meet the 
requirements in paragraphs (a)(1),(4), and (5) of this section and must 
ensure on a monthly basis that the feed system replaces limestone at 
least as frequently as the schedule set during the performance test.
    (h) Requests for approval of alternate monitoring procedures must 
meet the requirements in Sec. Sec. 63.8445(i) and 63.8(f).



Sec. 63.8455  How do I demonstrate initial compliance with the emission 

limitations?

    (a) You must demonstrate initial compliance with each emission 
limitation that applies to you according to Table 4 to this subpart.
    (b) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you according

[[Page 324]]

to the requirements in Sec. 63.8445 and Table 3 to this subpart.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.8480(e).

                   Continuous Compliance Requirements



Sec. 63.8465  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for periods of monitor malfunctions, associated repairs, 
and required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating. This 
includes periods of startup, shutdown, malfunction, and routine control 
device maintenance as specified in Sec. 63.8420(e) when the affected 
source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities for purposes of calculating data 
averages. A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring system to provide valid 
data. Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. You must use all the valid data 
collected during all other periods in assessing compliance. Any 
averaging period for which you do not have valid monitoring data and 
such data are required constitutes a deviation from the monitoring 
requirements.



Sec. 63.8470  How do I demonstrate continuous compliance with the emission 

limitations?

    (a) You must demonstrate continuous compliance with each emission 
limit and operating limit in Tables 1 and 2 to this subpart that applies 
to you according to the methods specified in Table 5 to this subpart.
    (b) For each affected kiln that is equipped with an APCD that is not 
addressed in Table 2 to this subpart, or that is using process changes 
as a means of meeting the emission limits in Table 1 to this subpart, 
you must demonstrate continuous compliance with each emission limit in 
Table 1 to this subpart, and each operating limit established as 
required in Sec. 63.8445(i)(2) according to the methods specified in 
your approved alternative monitoring procedures request, as described in 
Sec. Sec. 63.8445(i)(1) and 63.8(f).
    (c) You must report each instance in which you did not meet each 
emission limit and each operating limit in this subpart that applies to 
you. This includes periods of startup, shutdown, malfunction, and 
routine control device maintenance. These instances are deviations from 
the emission limitations in this subpart. These deviations must be 
reported according to the requirements in Sec. 63.8485.
    (d) [Reserved]
    (e) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with Sec. 63.6(e)(1) and your OM&M 
plan. The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions in Sec. 63.6(e).
    (f) Deviations that occur during periods of control device 
maintenance covered by an approved routine control device maintenance 
exemption according to Sec. 63.8420(e) are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance with the approved routine control device maintenance 
exemption.
    (g) You must demonstrate continuous compliance with the operating 
limits in Table 2 to this subpart for visible emissions (VE) from tunnel 
kilns equipped with DLA, DIFF, or DLS/FF by monitoring VE at each kiln 
stack according to the requirements in paragraphs (g)(1) through (3) of 
this section.
    (1) Perform daily VE observations of each kiln stack according to 
the procedures of Method 22 of 40 CFR part 60, appendix A. You must 
conduct the Method 22 test while the affected

[[Page 325]]

source is operating under normal conditions. The duration of each Method 
22 test must be at least 15 minutes.
    (2) If VE are observed during any daily test conducted using Method 
22 of 40 CFR part 60, appendix A, you must promptly initiate and 
complete corrective actions according to your OM&M plan. If no VE are 
observed in 30 consecutive daily Method 22 tests for any kiln stack, you 
may decrease the frequency of Method 22 testing from daily to weekly for 
that kiln stack. If VE are observed during any weekly test, you must 
promptly initiate and complete corrective actions according to your OM&M 
plan, resume Method 22 testing of that kiln stack on a daily basis, and 
maintain that schedule until no VE are observed in 30 consecutive daily 
tests, at which time you may again decrease the frequency of Method 22 
testing to a weekly basis.
    (3) If VE are observed during any test conducted using Method 22 of 
40 CFR part 60, appendix A, you must report these deviations by 
following the requirements in Sec. 63.8485.

[68 FR 26722, May 16, 2003, as amended at 71 FR 20469, Apr. 20, 2006]

                   Notifications, Reports, and Records



Sec. 63.8480  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(f)(4), and 63.9 (b) through (e), (g)(1), and (h) that 
apply to you, by the dates specified.
    (b) As specified in Sec. 63.9(b)(2) and (3), if you start up your 
affected source before May 16, 2003, you must submit an Initial 
Notification not later than 120 calendar days after May 16, 2003.
    (c) As specified in Sec. 63.9(b)(3), if you start up your new or 
reconstructed affected source on or after May 16, 2003, you must submit 
an Initial Notification not later than 120 calendar days after you 
become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin, as 
required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test as specified 
in Table 3 to this subpart, you must submit a Notification of Compliance 
Status as specified in Sec. 63.9(h) and paragraphs (e)(1) and (2) of 
this section.
    (1) For each compliance demonstration that includes a performance 
test conducted according to the requirements in Table 3 to this subpart, 
you must submit the Notification of Compliance Status, including the 
performance test results, before the close of business on the 60th 
calendar day following the completion of the performance test, according 
to Sec. 63.10(d)(2).
    (2) In addition to the requirements in Sec. 63.9(h)(2)(i), you must 
include the information in paragraphs (e)(2)(i) and (ii) of this section 
in your Notification of Compliance Status.
    (i) The operating limit parameter values established for each 
affected source with supporting documentation and a description of the 
procedure used to establish the values.
    (ii) For each APCD that includes a fabric filter, if a bag leak 
detection system is used, analysis and supporting documentation 
demonstrating conformance with EPA guidance and specifications for bag 
leak detection systems in Sec. 63.8450(e).
    (f) If you request a routine control device maintenance exemption 
according to Sec. 63.8420(e), you must submit your request for the 
exemption no later than 30 days before the compliance date.



Sec. 63.8485  What reports must I submit and when?

    (a) You must submit each report in Table 6 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date in Table 6 to this subpart and as specified in paragraphs 
(b)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.8395 and ending on June 30 or December 31, and lasting at least 6 
months, but less than 12

[[Page 326]]

months. For example, if your compliance date is March 1, then the first 
semiannual reporting period would begin on March 1 and end on December 
31.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31 for compliance periods ending on June 
30 and December 31, respectively.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31 for compliance periods 
ending on June 30 and December 31, respectively.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) through (4) of 
this section.
    (c) The compliance report must contain the information in paragraphs 
(c)(1) through (7) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying that, based on information and belief 
formed after reasonable inquiry, the statements and information in the 
report are true, accurate, and complete.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown or malfunction during the 
reporting period and you took actions consistent with your SSMP and OM&M 
plan, the compliance report must include the information specified in 
Sec. 63.10(d)(5)(i).
    (5) A description of control device maintenance performed while the 
control device was offline and the kiln controlled by the control device 
was operating, including the information specified in paragraphs 
(c)(5)(i) through (iii) of this section.
    (i) The date and time when the control device was shutdown and 
restarted.
    (ii) Identification of the kiln that was operating and the number of 
hours that the kiln operated while the control device was offline.
    (iii) A statement of whether or not the control device maintenance 
was included in your approved routine control device maintenance 
exemption developed as specified in Sec. 63.8420(e). If the control 
device maintenance was included in your approved routine control device 
maintenance exemption, then you must report the information in 
paragraphs (c)(5)(iii)(A) through (C) of this section.
    (A) The total amount of time that the kiln controlled by the control 
device operated during the current semiannual compliance period and 
during the previous semiannual compliance period.
    (B) The amount of time that each kiln controlled by the control 
device operated while the control device was offline for maintenance 
covered under the routine control device maintenance exemption during 
the current semiannual compliance period and during the previous 
semiannual compliance period.
    (C) Based on the information recorded under paragraphs 
(c)(5)(iii)(A) and (B) of this section, compute the annual percent of 
kiln operating uptime during which the control device was offline for 
routine maintenance using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16MY03.002

Where:

RM=Annual percentage of kiln uptime during which control device was 
offline for routine control device maintenance
DTp=Control device downtime claimed under the routine control 
device maintenance exemption for the previous semiannual compliance 
period
DTc=Control device downtime claimed under the routine control 
device maintenance exemption for the current semiannual compliance 
period
KUp=Kiln uptime for the previous semiannual compliance period

[[Page 327]]

KUc=Kiln uptime for the current semiannual compliance period

    (6) If there are no deviations from any emission limitations 
(emission limits or operating limits) that apply to you, the compliance 
report must contain a statement that there were no deviations from the 
emission limitations during the reporting period.
    (7) If there were no periods during which the CMS was out-of-control 
as specified in your OM&M plan, the compliance report must contain a 
statement that there were no periods during which the CMS was out-of-
control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit 
or operating limit) that occurs at an affected source where you are not 
using a CMS to comply with the emission limitations in this subpart, the 
compliance report must contain the information in paragraphs (c)(1) 
through (5) and paragraphs (d)(1) and (2) of this section. This includes 
periods of startup, shutdown, malfunction, and routine control device 
maintenance.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (e) For each deviation from an emission limitation (emission limit 
or operating limit) occurring at an affected source where you are using 
a CMS to comply with the emission limitations in this subpart, you must 
include the information in paragraphs (c)(1) through (5) and paragraphs 
(e)(1) through (13) of this section. This includes periods of startup, 
shutdown, malfunction, and routine control device maintenance.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) The date and time that each malfunction started and stopped.
    (3) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (4) The date, time, and duration that each CMS was out-of-control, 
including the pertinent information in your OM&M plan.
    (5) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction; during routine control device maintenance covered in your 
approved routine control device maintenance exemption; or during another 
period.
    (6) A description of corrective action taken in response to a 
deviation.
    (7) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (8) A breakdown of the total duration of the deviations during the 
reporting period into those that were due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (9) A summary of the total duration of CMS downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (10) A brief description of the process units.
    (11) A brief description of the CMS.
    (12) The date of the latest CMS certification or audit.
    (13) A description of any changes in CMS, processes, or control 
equipment since the last reporting period.
    (f) If you have obtained a title V operating permit according to 40 
CFR part 70 or 40 CFR part 71, you must report all deviations as defined 
in this subpart in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report according to Table 6 to this subpart along with, or as 
part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance 
report includes all required information concerning deviations from any 
emission limitation (including any operating limit), then submitting the 
compliance report will satisfy any obligation to report the same 
deviations in the semiannual monitoring report.

[[Page 328]]

However, submitting a compliance report will not otherwise affect any 
obligation you may have to report deviations from permit requirements to 
the permitting authority.



Sec. 63.8490  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(4) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests as required in Sec. 
63.10(b)(2)(viii).
    (4) Records relating to control device maintenance and documentation 
of your approved routine control device maintenance exemption, if you 
request such an exemption under Sec. 63.8420(e).
    (b) You must keep the records required in Table 5 to this subpart to 
show continuous compliance with each emission limitation that applies to 
you.
    (c) You must also maintain the records listed in paragraphs (c)(1) 
through (6) of this section.
    (1) For each bag leak detection system, 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.
    (2) For each deviation of an operating limit parameter value, the 
date, time, and duration of the deviation, a brief explanation of the 
cause of the deviation and the corrective action taken, and whether the 
deviation occurred during a period of startup, shutdown, or malfunction.
    (3) For each affected source, records of production rates on a 
fired-product basis.
    (4) Records for any approved alternative monitoring or test 
procedures.
    (5) Records of maintenance and inspections performed on the APCD.
    (6) Current copies of your SSMP and OM&M plan, including any 
revisions, with records documenting conformance.



Sec. 63.8495  In what form and for how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record onsite for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You may keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.8505  What parts of the General Provisions apply to me?

    Table 7 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.8510  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or a delegated authority such as your State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. You 
should contact your U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to your 
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 paragraph (c) of this 
section are retained by the Administrator of the U.S. EPA and are not 
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 329]]

    (1) Approval of alternatives to the applicability requirements in 
Sec. Sec. 63.8385 and 63.8390, the compliance date requirements in 
Sec. 63.8395, and the non-opacity emission limitations in Sec. 
63.8405.
    (2) Approval of major changes to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.



Sec. 63.8515  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 63.2, and in this section as follows:
    Air pollution control device (APCD) means any equipment that reduces 
the quantity of a pollutant that is emitted to the air.
    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 effects to monitor relative PM 
loadings.
    Brick and structural clay products (BSCP) manufacturing facility 
means a plant site that manufactures brick (including, but not limited 
to, face brick, structural brick, and brick pavers); clay pipe; roof 
tile; extruded floor and wall tile; and/or other extruded, dimensional 
clay products. Brick and structural clay products manufacturing 
facilities typically process raw clay and shale, form the processed 
materials into bricks or shapes, and dry and fire the bricks or shapes.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including any operating limit) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart for any affected source 
required to obtain such a permit; or
    (3) Fails to meet any emission limitation (including any operating 
limit) or work practice standard in this subpart during startup, 
shutdown, or malfunction, regardless of whether or not such failure is 
permitted by this subpart.
    Dry lime injection fabric filter (DIFF) means an APCD that includes 
continuous injection of hydrated lime or other sorbent into a duct or 
reaction chamber followed by a fabric filter.
    Dry lime scrubber/fabric filter (DLS/FF) means an APCD that includes 
continuous injection of humidified hydrated lime or other sorbent into a 
reaction chamber followed by a fabric filter. These systems typically 
include recirculation of some of the sorbent.
    Dry limestone adsorber (DLA) means an APCD that includes a limestone 
storage bin, a reaction chamber that is essentially a packed tower 
filled with limestone, and may or may not include a peeling drum that 
mechanically scrapes reacted limestone to regenerate the stone for 
reuse.
    Emission limitation means any emission limit or operating limit.
    Fabric filter means an APCD used to capture PM by filtering a gas 
stream through filter media; also known as a baghouse.
    Initial startup means:
    (1) For a new or reconstructed tunnel kiln controlled with a DLA, 
and for a tunnel kiln that would be considered reconstructed but for 
Sec. 63.8390(i)(1) or Sec. 63.8390(i)(2), the time at which the 
temperature in the kiln first reaches 260 [deg]C (500 [deg]F) and the 
kiln contains product; or
    (2) For a new or reconstructed tunnel kiln controlled with a DIFF, 
DLS/FF, or WS, the time at which the kiln first reaches a level of 
production that is equal to 75 percent of the kiln design capacity or 12 
months after the affected source begins firing BSCP, whichever is 
earlier.
    Kiln exhaust process stream means the portion of the exhaust from a 
tunnel kiln that exhausts directly to the atmosphere (or to an APCD), 
rather than to a sawdust dryer.

[[Page 330]]

    Large tunnel kiln means a tunnel kiln (existing, new, or 
reconstructed) with a design capacity equal to or greater than 9.07 Mg/
hr (10 tph) of fired product.
    Particulate matter (PM) means, for purposes of this subpart, 
emissions of PM that serve as a measure of total particulate emissions, 
as measured by Method 5 (40 CFR part 60, appendix A), and as a surrogate 
for metal HAP contained in the particulates including, but not limited 
to, antimony, arsenic, beryllium, cadmium, chromium, cobalt, lead, 
manganese, mercury, nickel, and selenium.
    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.
    Research and development kiln means any kiln whose purpose is to 
conduct research and development for new processes and products and is 
not engaged in the manufacture of products for commercial sale, except 
in a de minimis manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Small tunnel kiln means a tunnel kiln (existing, new, or 
reconstructed) with a design capacity less than 9.07 Mg/hr (10 tph) of 
fired product.
    Startup means the setting in operation of an affected source and 
starting the production process.
    Tunnel kiln means any continuous kiln that is used to fire BSCP. 
Some tunnel kilns have two process streams, including a process stream 
that exhausts directly to the atmosphere or to an APCD, and a process 
stream in which the kiln exhaust is ducted to a sawdust dryer where it 
is used to dry sawdust before being emitted to the atmosphere.
    Tunnel kiln design capacity means the maximum amount of brick, in Mg 
(tons), that a kiln is designed to produce in one year divided by the 
number of hours in a year (8,760 hours). If a kiln is modified to 
increase the capacity, the design capacity is considered to be the 
capacity following modifications.
    Wet scrubber (WS) means an APCD that uses water, which may include 
caustic additives or other chemicals, as the sorbent. Wet scrubbers may 
use any of various design mechanisms to increase the contact between 
exhaust gases and the sorbent.



        Sec. Table 1 to Subpart JJJJJ of Part 63--Emission Limits

    As stated in Sec. 63.8405, you must meet each emission limit in the 
following table that applies to you.

------------------------------------------------------------------------
                                   You must meet the  Or you must comply
         For each . . .           following emission  with the following
                                     limits . . .            . . .
------------------------------------------------------------------------
1. Existing large tunnel kiln     a. HF emissions     Reduce
 (design capacity =10   must not exceed     uncontrolled HF
 tph of fired product),            0.029 kilograms     emissions by at
 excluding any process stream      per megagram (kg/   least 90 percent.
 that is ducted to a sawdust       Mg) (0.057 pounds  ..................
 dryer prior to July 22, 2002;     per ton (lb/ton))  Reduce
 or including any process stream   of fired product.   uncontrolled HCl
 that exhausts directly to the    b. HCl emissions     emissions by at
 atmosphere or to an APCD and      must not exceed     least 30 percent.
 any process stream that is        0.13 kg/Mg (0.26   Not applicable.
 first ducted to a sawdust on or   lb/ton) of fired
 after July 22, 2002; each new     product.
 or reconstructed small tunnel    c. PM emissions
 kiln (design capacity <10 tph     must not exceed
 of fired product), including      0.21 kg/Mg (0.42
 all process streams; each         lb/ton) of fired
 tunnel kiln that would be         product.
 considered reconstructed but
 for Sec.  63.8390(i)(1),
 including all process streams;
 and each large tunnel kiln
 previously equipped with a DLA
 that would be considered
 reconstructed but for Sec.
 63.8390(i)(2), including all
 process streams.
2. New or reconstructed large     a. HF emissions     Reduce
 tunnel kiln, including all        must not exceed     uncontrolled HF
 process streams.                  0.029 kg/Mg         emissions by at
                                   (0.057 lb/ton) of   least 90 percent.
                                   fired product.

[[Page 331]]

 
                                  b. HCl emissions    Reduce
                                   must not exceed     uncontrolled HCl
                                   0.028 kg/Mg         emissions by at
                                   (0.056 lb/ton) of   least 85 percent.
                                   fired product.
                                  c. PM emissions     Not applicable.
                                   must not exceed
                                   0.060 kg/Mg (0.12
                                   lb/ton) of fired
                                   product.
------------------------------------------------------------------------



       Sec. Table 2 to Subpart JJJJJ of Part 63--Operating Limits

    As stated in Sec. 63.8405, you must meet each operating limit in 
the following table that applies to you.

------------------------------------------------------------------------
           For each . . .                       You must . . .
------------------------------------------------------------------------
1. Kiln equipped with a DLA........  a. Maintain the average pressure
                                      drop across the DLA for each 3-
                                      hour block period at or above the
                                      average pressure drop established
                                      during the performance test; and
                                     b. Maintain an adequate amount of
                                      limestone in the limestone hopper,
                                      storage bin (located at the top of
                                      the DLA), and DLA at all times;
                                      maintain the limestone feeder
                                      setting at or above the level
                                      established during the performance
                                      test; and
                                     c. Use the same grade of limestone
                                      from the same source as was used
                                      during the performance test;
                                      maintain records of the source and
                                      grade of limestone; and
                                     d. Maintain no VE from the DLA
                                      stack.
2. Kiln equipped with a DIFF or DLS/ a. If you use a bag leak detection
 FF.                                  system, initiate corrective action
                                      within 1 hour of a bag leak
                                      detection system alarm and
                                      complete corrective actions in
                                      accordance with your OM&M plan;
                                      operate and maintain the fabric
                                      filter such that the alarm is not
                                      engaged for more than 5 percent of
                                      the total operating time in a 6-
                                      month block reporting period; or
                                      maintain no VE from the DIFF or
                                      DLS/FF stack; and
                                     b. Maintain free-flowing lime in
                                      the feed hopper or silo and to the
                                      APCD at all times for continuous
                                      injection systems; maintain the
                                      feeder setting at or above the
                                      level established during the
                                      performance test for continuous
                                      injection systems.
3. Kiln equipped with a WS.........  a. Maintain the average scrubber
                                      pressure drop for each 3-hour
                                      block period at or above the
                                      average pressure drop established
                                      during the performance test; and
                                     b. Maintain the average scrubber
                                      liquid pH for each 3-hour block
                                      period at or above the average
                                      scrubber liquid pH established
                                      during the performance test; and
                                     c. Maintain the average scrubber
                                      liquid flow rate for each 3-hour
                                      block period at or above the
                                      average scrubber liquid flow rate
                                      established during the performance
                                      test; and
                                     d. If chemicals are added to the
                                      scrubber water, maintain the
                                      average scrubber chemical feed
                                      rate for each 3-hour block period
                                      at or above the average scrubber
                                      chemical feed rate established
                                      during the performance test.
------------------------------------------------------------------------



 Sec. Table 3 to Subpart JJJJJ of Part 63--Requirements for Performance 
                                  Tests

    As stated in Sec. 63.8445, you must conduct each performance test 
in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
            For each . . .                  You must . . .            Using . . .         following requirements
                                                                                                  . . .
----------------------------------------------------------------------------------------------------------------
1. Kiln..............................  a. Select locations of   Method 1 or 1A of 40     Sampling sites must be
                                        sampling ports and the   CFR part 60, appendix    located at the outlet
                                        number of traverse       A.                       of the APCD and prior
                                        points.                                           to any releases to the
                                                                                          atmosphere for all
                                                                                          affected sources. If
                                                                                          you choose to meet the
                                                                                          percent emission
                                                                                          reduction requirements
                                                                                          for HF or HCl, a
                                                                                          sampling site must
                                                                                          also be located at the
                                                                                          APCD inlet.

[[Page 332]]

 
                                       b. Determine velocities  Method 2 of 40 CFR part  You may use Method 2A,
                                        and volumetric flow      60, appendix A.          2C, 2D, 2F, or 2G of
                                        rate.                                             40 CFR part 60,
                                                                                          appendix A, as
                                                                                          appropriate, as an
                                                                                          alternative to using
                                                                                          Method 2 of 40 CFR
                                                                                          part 60, appendix A.
                                       c. Conduct gas           Method 3 of 40 CFR part  You may use Method 3A
                                        molecular weight         60, appendix A.          or 3B of 40 CFR part
                                        analysis.                                         60, appendix A, as
                                                                                          appropriate, as an
                                                                                          alternative to using
                                                                                          Method 3 of 40 CFR
                                                                                          part 60, appendix A.
                                       d. Measure moisture      Method 4 of 40 CFR part  .......................
                                        content of the stack     60, appendix A.
                                        gas.
                                       e. Measure HF and HCl    Method 26A of 40 CFR     Conduct the test while
                                        emissions.               part 60, appendix A;     operating at the
                                                                 or                       maximum production
                                                                                          level. You may use
                                                                                          Method 26 of 40 CFR
                                                                                          part 60, appendix A,
                                                                                          as an alternative to
                                                                                          using Method 26A of 40
                                                                                          CFR part 60, appendix
                                                                                          A, when no acid PM
                                                                                          (e.g., HF or HCl
                                                                                          dissolved in water
                                                                                          droplets emitted by
                                                                                          sources controlled by
                                                                                          a WS) is present.
                                                                Method 320 of 40 CFR     Conduct the test while
                                                                 part 63, appendix A.     operating at the
                                                                                          maximum production
                                                                                          level. When using
                                                                                          Method 320 of 40 CFR
                                                                                          part 63, appendix A,
                                                                                          you must follow the
                                                                                          analyte spiking
                                                                                          procedures of section
                                                                                          13 of Method 320 of 40
                                                                                          CFR part 63, appendix
                                                                                          A, unless you can
                                                                                          demonstrate that the
                                                                                          complete spiking
                                                                                          procedure has been
                                                                                          conducted at a similar
                                                                                          source.
                                       f. Measure PM            Method 5 of 40 CFR part  Conduct the test while
                                        emissions.               60, appendix A.          operating at the
                                                                                          maximum production
                                                                                          level.
2. Kiln that is complying with         Determine the            Production data          You must measure and
 production-based emission limits.      production rate during   collected during the     record the production
                                        each test run in order   performance tests        rate, on a fired-
                                        to determine             (e.g., no. of pushes     product basis, of the
                                        compliance with          per hour, no. of         affected source for
                                        production-based         bricks per kiln car,     each of the three test
                                        emission limits.         weight of a typical      runs.
                                                                 fired brick).
3. Kiln equipped with a DLA..........  a. Establish the         Data from the pressure   You must continuously
                                        operating limit for      drop measurement         measure the pressure
                                        the average pressure     device during the        drop across the DLA,
                                        drop across the DLA.     performance test.        determine and record
                                                                                          the block average
                                                                                          pressure drop values
                                                                                          for the three test
                                                                                          runs, and determine
                                                                                          and record the 3-hour
                                                                                          block average of the
                                                                                          recorded pressure drop
                                                                                          measurements for the
                                                                                          three test runs.

[[Page 333]]

 
                                       b. Establish the         Data from the limestone  You must ensure that
                                        operating limit for      feeder during the        you maintain an
                                        the limestone feeder     performance test.        adequate amount of
                                        setting.                                          limestone in the
                                                                                          limestone hopper,
                                                                                          storage bin (located
                                                                                          at the top of the
                                                                                          DLA), and DLA at all
                                                                                          times during the
                                                                                          performance test. You
                                                                                          must establish your
                                                                                          limestone feeder
                                                                                          setting one week prior
                                                                                          to the performance
                                                                                          test and maintain the
                                                                                          feeder setting for the
                                                                                          one-week period that
                                                                                          precedes the
                                                                                          performance test and
                                                                                          during the performance
                                                                                          test.
                                       c. Document the source   Records of limestone
                                        and grade of limestone   purchase.
                                        used.
4. Kiln equipped with a DIFF or DLS/   Establish the operating  Data from the lime       For continuous lime
 FF.                                    limit for the lime       feeder during the        injection systems, you
                                        feeder setting.          performance test.        must ensure that lime
                                                                                          in the feed hopper or
                                                                                          silo and to the APCD
                                                                                          is free-flowing at all
                                                                                          times during the
                                                                                          performance test and
                                                                                          record the feeder
                                                                                          setting for the three
                                                                                          test runs. If the feed
                                                                                          rate setting varies
                                                                                          during the three test
                                                                                          runs, determine and
                                                                                          record the average
                                                                                          feed rate from the
                                                                                          three test runs.
5. Kiln equipped with a WS...........  a. Establish the         Data from the pressure   You must continuously
                                        operating limit for      drop measurement         measure the scrubber
                                        the average scrubber     device during the        pressure drop,
                                        pressure drop.           performance test.        determine and record
                                                                                          the block average
                                                                                          pressure drop values
                                                                                          for the three test
                                                                                          runs, and determine
                                                                                          and record the 3-hour
                                                                                          block average of the
                                                                                          recorded pressure drop
                                                                                          measurements for the
                                                                                          three test runs.
                                       b. Establish the         Data from the pH         You must continuously
                                        operating limit for      measurement device       measure the scrubber
                                        the average scrubber     during the performace    liquid pH, determine
                                        liquid pH.               test.                    and record the block
                                                                                          average pH values for
                                                                                          the three test runs,
                                                                                          and determine and
                                                                                          record the 3-hour
                                                                                          block average of the
                                                                                          recorded pH
                                                                                          measurements for the
                                                                                          three test runs.
                                       c. Establish the         Data from the flow rate  You must continuously
                                        operating limit for      measurement device       measure the scrubber
                                        the average scrubber     during the performance   liquid flow rate,
                                        liquid flow rate.        test.                    determine and record
                                                                                          the block average flow
                                                                                          rate values for the
                                                                                          three test runs, and
                                                                                          determine and record
                                                                                          the 3-hour block
                                                                                          average of the
                                                                                          recorded flow rate
                                                                                          measurements for the
                                                                                          three test runs.
6. Kiln equipped with a WS that        Establish the operating  Data from the chemical   You must continuously
 includes chemical addition to the      limit for the average    feed rate measurement    measure the scrubber
 water.                                 scrubber chemical feed   device during the        chemical feed rate,
                                        rate.                    performance test.        determine and record
                                                                                          the block average
                                                                                          chemical feed rate
                                                                                          values for the three
                                                                                          test runs, and
                                                                                          determine and record
                                                                                          the 3-hour block
                                                                                          average of the
                                                                                          recorded chemical feed
                                                                                          rate measurements for
                                                                                          the three test runs.
----------------------------------------------------------------------------------------------------------------


[[Page 334]]



   Sec. Table 4 to Subpart JJJJJ of Part 63--Initial Compliance With 
                          Emission Limitations

    As stated in Sec. 63.8455, you must demonstrate initial compliance 
with each emission limitation that applies to you according to the 
following table:

------------------------------------------------------------------------
                                                           You have
                                   For the following     demonstrated
         For each . . .                emission       initial compliance
                                   limitation . . .        if . . .
------------------------------------------------------------------------
1. Existing large tunnel kiln     a. HF emissions     i. The HF
 (design capacity =10   must not exceed     emissions
 tph of fired product),            0.029 kg/Mg         measured using
 excluding any process stream      (0.057 lb/ton) of   Method 26A of 40
 that is ducted to a sawdust       fired product; or   CFR part 60,
 dryer prior to July 22, 2002;     uncontrolled HF     appendix A or
 or including any process stream   emissions must be   Method 320 of 40
 that exhausts directly to the     reduced by at       CFR part 63,
 atmosphere or to an APCD and      least 90 percent;   appendix A over
 any process stream that is        and                 the period of the
 first ducted to a sawdust dryer                       initial
 on or after July 22, 2002; each                       performance test,
 new or reconstructed small                            according to the
 tunnel kiln (design capacity                          calculations in
 <10 tph of fired product),                            Sec.
 including all process streams;                        63.8445(g)(1), do
 each tunnel kiln that would be                        not exceed 0.029
 considered reconstructed but                          kg/Mg (0.057 lb/
 for Sec.  63.8390(i)(1),                             ton); or
 including all process streams;                        uncontrolled HF
 and each large tunnel kiln                            emissions
 previously equipped with a DLA                        measured using
 that would be considered                              Method 26A of 40
 reconstructed but for Sec.                           CFR part 60,
 63.8390(i)(2), including all                          appendix A or
 process streams.                                      Method 320 of 40
                                                       CFR part 63,
                                                       appendix A over
                                                       the period of the
                                                       initial
                                                       performance test
                                                       are reduced by at
                                                       least 90 percent,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(2);
                                                       and
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which HF
                                                       emissions did not
                                                       exceed 0.029 kg/
                                                       Mg (0.057 lb/ton)
                                                       or uncontrolled
                                                       HF emissions were
                                                       reduced by at
                                                       least 90 percent.
                                  b. HCl emissions    i. The HCl
                                   must not exceed     emissions
                                   0.13 kg/Mg (0.26    measured using
                                   lb/ton) of fired    Method 26A of 40
                                   product; or         CFR part 60,
                                   uncontrolled HCl    appendix A or
                                   emissions must be   Method 320 of 40
                                   reduced by at       CFR part 63,
                                   least 30 percent;   appendix A over
                                   and                 the period of the
                                                       initial
                                                       performance test,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(1), do
                                                       not exceed 0.13
                                                       kg/Mg (0.26 lb/
                                                       ton); or
                                                       uncontrolled HCl
                                                       emissions
                                                       measured using
                                                       Method 26A of 40
                                                       CFR part 60,
                                                       appendix A or
                                                       Method 320 of 40
                                                       CFR part 63,
                                                       appendix A over
                                                       the period of the
                                                       initial
                                                       performance test
                                                       are reduced by at
                                                       least 30 percent,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(2);
                                                       and
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which HCl
                                                       emissions did not
                                                       exceed 0.13 kg/Mg
                                                       (0.26 lb/ton) or
                                                       uncontrolled HCl
                                                       emissions were
                                                       reduced by at
                                                       least 30 percent.
                                  c. PM emissions     i. The PM
                                   must not exceed     emissions
                                   0.21 kg/Mg (0.42    measured using
                                   lb/ton) of fired    Method 5 of 40
                                   product.            CFR part 60,
                                                       appendix A, over
                                                       the period of the
                                                       initial
                                                       performance test,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(1), do
                                                       not exceed 0.21
                                                       kg/Mg (0.42 lb/
                                                       ton); and
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which PM
                                                       emissions did not
                                                       exceed 0.21 kg/Mg
                                                       (0.42 lb/ton).

[[Page 335]]

 
2. New or reconstructed large     a. HF emissions     i. The HF
 tunnel kiln, including all        must not exceed     emissions
 process streams.                  0.029 kg/Mg         measured using
                                   (0.057 lb/ton) of   Method 26A of 40
                                   fired product; or   CFR part 60,
                                   uncontrolled HF     appendix A or
                                   emissions must be   Method 320 of 40
                                   reduced by at       CFR part 63,
                                   least 90 percent;   appendix A over
                                   and                 the period of the
                                                       initial
                                                       performance test,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(1), do
                                                       not exceed 0.029
                                                       kg/Mg (0.057 lb/
                                                       ton); or
                                                       uncontrolled HF
                                                       emissions
                                                       measured using
                                                       Method 26A of 40
                                                       CFR part 60,
                                                       appendix A or
                                                       Method 320 of 40
                                                       CFR part 63,
                                                       appendix A over
                                                       the period of the
                                                       initial
                                                       performance test
                                                       are reduced by at
                                                       least 90 percent,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(2);
                                                       and
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which HF
                                                       emissions did not
                                                       exceed 0.029 kg/
                                                       Mg (0.057 lb/ton)
                                                       or uncontrolled
                                                       HF emissions were
                                                       reduced by at
                                                       least 90 percent.
                                  b. HCl emissions    i. The HCl
                                   must not exceed     emissions
                                   0.028 kg/Mg         measured using
                                   (0.056 lb/ton) of   Method 26A of 40
                                   fired product; or   CFR part 60,
                                   uncontrolled HCl    appendix A or
                                   emissions must be   Method 320 of 40
                                   reduced by at       CFR part 63,
                                   least 85 percent;   appendix A over
                                   and                 the period of the
                                                       initial
                                                       performance test,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(1), do
                                                       not exceed 0.028
                                                       kg/Mg (0.056 lb/
                                                       ton); or
                                                       uncontrolled HCl
                                                       emissions
                                                       measured using
                                                       Method 26A of 40
                                                       CFR part 60,
                                                       appendix A or
                                                       Method 320 of 40
                                                       CFR part 63,
                                                       appendix A over
                                                       the period of the
                                                       initial
                                                       performance test
                                                       are reduced by at
                                                       least 85 percent,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(2);
                                                       and
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which HCl
                                                       emissions did not
                                                       exceed 0.028 kg/
                                                       Mg (0.056 lb/ton)
                                                       or uncontrolled
                                                       HCl emissions
                                                       were reduced by
                                                       at least 85
                                                       percent.
                                  c. PM emissions     i. The PM
                                   must not exceed     emissions
                                   0.060 kg/Mg (0.12   measured using
                                   lb/ton) of fired    Method 5 of 40
                                   product.            CFR part 60,
                                                       appendix A, over
                                                       the period of the
                                                       initial
                                                       performance test,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(1), do
                                                       not exceed 0.060
                                                       kg/Mg (0.12 lb/
                                                       ton); and
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which PM
                                                       emissions did not
                                                       exceed 0.060 kg/
                                                       Mg (0.12 lb/ton).
------------------------------------------------------------------------



  Sec. Table 5 to Subpart JJJJJ of Part 63--Continuous Compliance With 
                  Emission Limits and Operating Limits

    As stated in Sec. 63.8470, you must demonstrate continuous 
compliance with each emission limit and operating limit that applies to 
you according to the following table:

[[Page 336]]



------------------------------------------------------------------------
                                For the following
                                 emission limits    You must demonstrate
        For each . . .            and operating    continuous compliance
                                   limits . . .           by . . .
 
------------------------------------------------------------------------
1. Kiln equipped with a DLA...  Each emission      i. Collecting the DLA
                                 limit in Table 1   pressure drop data
                                 to this subpart    according to Sec.
                                 and each           63.8450(a); reducing
                                 operating limit    the DLA pressure
                                 in Item 1 of       drop data to 3-hour
                                 Table 2 to this    block averages
                                 subpart for        according to Sec.
                                 kilns equipped     63.8450(a);
                                 with a DLA.        maintaining the
                                                    average pressure
                                                    drop across the DLA
                                                    for each 3-hour
                                                    block period at or
                                                    above the average
                                                    pressure drop
                                                    established during
                                                    the performance
                                                    test; and
                                                   ii. Verifying that
                                                    the limestone hopper
                                                    and storage bin
                                                    (located at the top
                                                    of the DLA) contain
                                                    adequate limestone
                                                    by performing a
                                                    daily visual check;
                                                    and
                                                   iii. Recording the
                                                    limestone feeder
                                                    setting daily to
                                                    verify that the
                                                    feeder setting is
                                                    being maintained at
                                                    or above the level
                                                    established during
                                                    the performance
                                                    test; and
                                                   iv. Using the same
                                                    grade of limestone
                                                    from the same source
                                                    as was used during
                                                    the performance
                                                    test; maintaining
                                                    records of the
                                                    source and type of
                                                    limestone; and
                                                   v. Performing VE
                                                    observations of the
                                                    DLA stack at the
                                                    frequency specified
                                                    in Sec.  63.8470(g)
                                                    using Method 22 of
                                                    40 CFR part 60,
                                                    appendix A;
                                                    maintaining no VE
                                                    from the DLA stack.
2. Kiln equipped with a DIFF    Each emission      i. If you use a bag
 or DLS/FF.                      limit in Table 1   leak detection
                                 to this subpart    system, initiating
                                 and each           corrective action
                                 operating limit    within 1 hour of a
                                 in Item 2 of       bag leak detection
                                 Table 2 to this    system alarm and
                                 subpart for        completing
                                 kilns equipped     corrective actions
                                 with DIFF or DLS/  in accordance with
                                 FF.                your OM&M plan;
                                                    operating and
                                                    maintaining the
                                                    fabric filter such
                                                    that the alarm is
                                                    not engaged for more
                                                    than 5 percent of
                                                    the total operating
                                                    time in a 6-month
                                                    block reporting
                                                    period; in
                                                    calculating this
                                                    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 you take longer
                                                    than 1 hour to
                                                    initiate corrective
                                                    action, the alarm
                                                    time is counted as
                                                    the actual amount of
                                                    time taken by you to
                                                    initiate corrective
                                                    action; or
                                                    performing VE
                                                    observations of the
                                                    DIFF or DLS/FF stack
                                                    at the frequency
                                                    specified in Sec.
                                                    63.8470(g) using
                                                    Method 22 of 40 CFR
                                                    part 60, appendix A;
                                                    maintaining no VE
                                                    from the DIFF or DLS/
                                                    FF stack; and
                                                   ii. Verifying that
                                                    lime is free-flowing
                                                    via a load cell,
                                                    carrier gas/lime
                                                    flow indicator,
                                                    carrier gas pressure
                                                    drop measurement
                                                    system, or other
                                                    system; recording
                                                    all monitor or
                                                    sensor output, and
                                                    if lime is found not
                                                    to be free flowing,
                                                    promptly initiating
                                                    and completing
                                                    corrective actions
                                                    in accordance with
                                                    your OM&M plan;
                                                    recording the feeder
                                                    setting once during
                                                    each shift of
                                                    operation to verify
                                                    that the feeder
                                                    setting is being
                                                    maintained at or
                                                    above the level
                                                    established during
                                                    the performance
                                                    test.
3. Kiln equipped with a WS....  Each emission      i. Collecting the
                                 limit in Table 1   scrubber pressure
                                 to this subpart    drop data according
                                 and each           to Sec.
                                 operating limit    63.8450(a); reducing
                                 in Item 3 of       the scrubber
                                 Table 2 to this    pressure drop data
                                 subpart for        to 3-hour block
                                 kilns equipped     averages according
                                 with WS.           to Sec.
                                                    63.8450(a);
                                                    maintaining the
                                                    average scrubber
                                                    pressure drop for
                                                    each 3-hour block
                                                    period at or above
                                                    the average pressure
                                                    drop established
                                                    during the
                                                    performance test;
                                                    and
                                                   ii. Collecting the
                                                    scrubber liquid pH
                                                    data according to
                                                    Sec.  63.8450(a);
                                                    reducing the
                                                    scrubber liquid pH
                                                    data to 3-hour block
                                                    averages according
                                                    to Sec.
                                                    63.8450(a);
                                                    maintaining the
                                                    average scrubber
                                                    liquid pH for each 3-
                                                    hour block period at
                                                    or above the average
                                                    scrubber liquid pH
                                                    established during
                                                    the performance
                                                    test; and
                                                   iii. Collecting the
                                                    scrubber liquid flow
                                                    rate data according
                                                    to Sec.
                                                    63.8450(a); reducing
                                                    the scrubber liquid
                                                    flow rate data to 3-
                                                    hour block averages
                                                    according to Sec.
                                                    63.8450(a);
                                                    maintaining the
                                                    average scrubber
                                                    liquid flow rate for
                                                    each 3-hour block
                                                    period at or above
                                                    the average scrubber
                                                    liquid flow rate
                                                    established during
                                                    the performance
                                                    test; and

[[Page 337]]

 
                                                   iv. If chemicals are
                                                    added to the
                                                    scrubber water,
                                                    collecting the
                                                    scrubber chemical
                                                    feed rate data
                                                    according to Sec.
                                                    63.8450(a); reducing
                                                    the scrubber
                                                    chemical feed rate
                                                    data to 3-hour block
                                                    averages according
                                                    to Sec.
                                                    63.8450(a);
                                                    maintaining the
                                                    average scrubber
                                                    chemical feed rate
                                                    for each 3-hour
                                                    block period at or
                                                    above the average
                                                    scrubber chemical
                                                    feed rate
                                                    established during
                                                    the performance
                                                    test.
------------------------------------------------------------------------



   Sec. Table 6 to Subpart JJJJJ of Part 63--Requirements for Reports

    As stated in Sec. 63.8485, you must submit each report that applies 
to you according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                      You must submit the report
          You must submit . . .                  The report must contain . . .                   . . .
----------------------------------------------------------------------------------------------------------------
1. A compliance report..................  a. If there are no deviations from any      Semiannually according to
                                           emission limitations (emission limits,      the requirements in Sec.
                                           operating limits) that apply to you, a       63.8485(b).
                                           statement that there were no deviations
                                           from the emission limitations during the
                                           reporting period. If there were no
                                           periods during which the CMS was out-of-
                                           control as specified in your OM&M plan, a
                                           statement that there were no periods
                                           during which the CMS was out- of-control
                                           during the reporting period.
                                          b. If you have a deviation from any         Semiannually according to
                                           emission limitation (emission limit,        the requirements in Sec.
                                           operating limit) during the reporting        63.8485(b).
                                           period, the report must contain the
                                           information in Sec.  63.8485(d) or (e).
                                           If there were periods during which the
                                           CMS was out-of-control, as specified in
                                           your OM&M plan, the report must contain
                                           the information in Sec.  63.8485(e).
                                          c. If you had a startup, shutdown or        Semiannually according to
                                           malfunction during the reporting period     the requirements in Sec.
                                           and you took actions consistent with your    63.8485(b).
                                           SSMP, the compliance report must include
                                           the information in Sec.  63.10(d)(5)(i).
2. An immediate startup, shutdown, and    a. Actions taken for the event according    By fax or telephone within
 malfunction report if you took actions    to the requirements in Sec.                2 working days after
 during a startup, shutdown, or            63.10(d)(5)(ii).                            starting actions
 malfunction during the reporting period                                               inconsistent with the
 that are not consistent with your SSMP.                                               plan.
                                          b. The information in Sec.                 By letter within 7 working
                                           63.10(d)(5)(ii).                            days after the end of the
                                                                                       event unless you have
                                                                                       made alternative
                                                                                       arrangements with the
                                                                                       permitting authority.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 7 to Subpart JJJJJ of Part 63--Applicability of General 
                       Provisions to Subpart JJJJJ

    As stated in Sec. 63.8505, you must comply with the General 
Provisions in Sec. Sec. 63.1 through 63.15 that apply to you according 
to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                             Applies to subpart
             Citation                       Subject                Brief description                JJJJJ
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.......................  Applicability.........  Initial applicability           Yes.
                                                             determination; applicability
                                                             after standard established;
                                                             permit requirements;
                                                             extensions, notifications.
Sec.  63.2.......................  Definitions...........  Definitions for part 63         Yes.
                                                             standards.
Sec.  63.3.......................  Units and               Units and abbreviations for     Yes.
                                     Abbreviations.          part 63 standards.
Sec.  63.4.......................  Prohibited Activities.  Compliance date;                Yes.
                                                             circumvention; severability.
Sec.  63.5.......................  Construction/           Applicability; applications;    Yes.
                                     Reconstruction.         approvals.
Sec.  63.6(a)....................  Applicability.........  General Provisions (GP) apply   Yes.
                                                             unless compliance extension;
                                                             GP apply to area sources that
                                                             become major.
Sec.  63.6(b)(1)-(4).............  Compliance Dates for    Standards apply at effective    Yes.
                                     New and Reconstructed   date; 3 years after effective
                                     sources.                date; upon startup; 10 years
                                                             after construction or
                                                             reconstruction commences for
                                                             section 112(f).

[[Page 338]]

 
Sec.  63.6(b)(5).................  Notification..........  Must notify if commenced        Yes.
                                                             construction or
                                                             reconstructionafter proposal.
Sec.  63.6(b)(6).................  [Reserved].
Sec.  63.6(b)(7).................  Compliance Dates for    Area sources that become major  Yes.
                                     New and Reconstructed   must comply with major source
                                     area Sources That       standards immediately upon
                                     Become Major.           becoming major, regardless of
                                                             whether required to comply
                                                             when they were area sources.
Sec.  63.6(c)(1)-(2).............  Compliance Dates for    Comply according to date in     Yes.
                                     Existing Sources.       subpart, which must be no
                                                             later than 3 years after
                                                             effective date; for section
                                                             112(f) standards, comply
                                                             within 90 days of effective
                                                             date unless compliance
                                                             extension.
Sec.  63.6(c)(3)-(4).............  [Reserved]............
Sec.  63.6(c)(5).................  Compliance Dates for    Area sources that become major  Yes.
                                     Existing area Sources   must comply with major source
                                     That Become Major.      standards by date indicated
                                                             in subpart or by equivalent
                                                             time period (for example, 3
                                                             years).
Sec.  63.6(d)....................  [Reserved].
Sec.  63.6(e)(1)-(2).............  Operation &             Operate to minimize emissions   Yes.
                                     Maintenance.            at all times; correct
                                                             malfunctions as soon as
                                                             practicable; requirements
                                                             independently enforceable;
                                                             information Administrator
                                                             will use to determine if
                                                             operation and maintenance
                                                             requirements were met.
Sec.  63.6(e)(3).................  Startup, Shutdown, and  Requirement for startup,        Yes.
                                     Malfunction Plan        shutdown, and malfunction
                                     (SSMP).                 (SSM) and SSMP; content of
                                                             SSMP.
Sec.  63.6(f)(1).................  Compliance Except       You must comply with emission   Yes.
                                     During SSM.             standards at all times except
                                                             during SSM.
Sec.  63.6(f)(2)-(3).............  Methods for             Compliance based on             Yes.
                                     Determining             performance test, operation
                                     Compliance.             and maintenance plans,
                                                             records, inspection.
Sec.  63.6(g)....................  Alternative Standard..  Procedures for getting an       Yes.
                                                             alternative standard.
Sec.  63.6(h)....................  Opacity/VE Standards..  Requirements for opacity and    No, not applicable.
                                                             VE standards.
Sec.  63.6(i)....................  Compliance Extension..  Procedures and criteria for     Yes.
                                                             Administrator to grant
                                                             compliance extension.
Sec.  63.6(j)....................  Presidential            President may exempt source     Yes.
                                     Compliance Exemption.   category.
Sec.  63.7(a)(1)-(2).............  Performance Test Dates  Dates for conducting initial    Yes.
                                                             performance testing and other
                                                             compliance demonstrations;
                                                             must conduct 180 days after
                                                             first subject to rule.
Sec.  63.7(a)(3).................  Section 114 Authority.  Administrator may require a     Yes.
                                                             performance test under CAA
                                                             section 114 at any time.
Sec.  63.7(b)(1).................  Notification of         Must notify Administrator 60    Yes.
                                     Performance Test.       days before the test.
Sec.  63.7(b)(2).................  Notification of         Must notify Administrator 5     Yes.
                                     Rescheduling.           days before scheduled date of
                                                             rescheduled date.
Sec.  63.7(c)....................  Quality Assurance(QA)/  Requirements; test plan         Yes.
                                     Test Plan.              approval procedures;
                                                             performance audit
                                                             requirements; internal and
                                                             external QA procedures for
                                                             testing.
Sec.  63.7(d)....................  Testing Facilities....  Requirements for testing        Yes.
                                                             facilities.
Sec.  63.7(e)(1).................  Conditions for          Performance tests must be       No, Sec.  63.8445
                                     Conducting              conducted under                 specifies
                                     Performance Tests.      representative conditions.      requirements.
                                                            Cannot conduct performance      Yes.
                                                             tests during SSM; not a
                                                             violation to exceed standard
                                                             during SSM.
Sec.  63.7(e)(2)-(3).............  Conditions for          Must conduct according to       Yes.
                                     Conducting              subpart and EPA test methods
                                     Performance Tests.      unless Administrator approves
                                                             alternative; must have at
                                                             least three test runs of at
                                                             least 1 hour each; compliance
                                                             is based on arithmetic mean
                                                             of three runs; conditions
                                                             when data from an additional
                                                             test run can be used.
Sec.  63.7(f)....................  Alternative Test        Procedures by which             Yes.
                                     Method.                 Administrator can grant
                                                             approval to use an
                                                             alternative test method.
Sec.  63.7(g)....................  Performance Test Data   Must include raw data in        Yes.
                                     Analysis.               performance test report; must
                                                             submit performance test data
                                                             60 days after end of test
                                                             with the notification of
                                                             compliance status.
Sec.  63.7(h)....................  Waiver of Tests.......  Procedures for Administrator    Yes.
                                                             to waive performance test.
Sec.  63.8(a)(1).................  Applicability of        Subject to all monitoring       Yes.
                                     Monitoring              requirements in subpart.
                                     Requirements.
Sec.  63.8(a)(2).................  Performance             Performance Specifications in   Yes.
                                     Specifications.         appendix B of 40 CFR part 60
                                                             apply.

[[Page 339]]

 
Sec.  63.8(a)(3).................  [Reserved]............
Sec.  63.8(a)(4).................  Monitoring with Flares  Requirements for flares in      No, not applicable.
                                                             Sec.  63.11 apply.
Sec.  63.8(b)(1).................  Monitoring............  Must conduct monitoring         Yes.
                                                             according to standard unless
                                                             Administrator approves
                                                             alternative.
Sec.  63.8(b)(2)-(3).............  Multiple Effluents and  Specific requirements for       Yes.
                                     Multiple Monitoring     installing and reporting on
                                     Systems.                monitoring systems.
Sec.  63.8(c)(1).................  Monitoring System       Maintenance consistent with     Yes.
                                     Operation and           good air pollution control
                                     Maintenance.            practices.
Sec.  63.8(c)(1)(i)..............  Routine and             Reporting requirements for SSM  Yes.
                                     Predictable SSM.        when action is described in
                                                             SSMP.
Sec.  63.8(c)(1)(ii).............  SSM not in SSMP.......  Reporting requirements for SSM  Yes.
                                                             when action is not described
                                                             in SSMP.
Sec.  63.8(c)(1)(iii)............  Compliance with         How Administrator determines    Yes.
                                     Operation and           if source complying with
                                     Maintenance             operation and maintenance
                                     Requirements.           requirements.
Sec.  63.8(c)(2)-(3).............  Monitoring System       Must install to get             Yes.
                                     Installation.           representative emission and
                                                             parameter measurements.
Sec.  63.8(c)(4).................  CMS Requirements......  Requirements for CMS..........  No, Sec. Sec.
                                                                                             63.8425 and 63.8465
                                                                                             specify
                                                                                             requirements.
Sec.  63.8(c)(5).................  Continuous Opacity      COMS minimum procedures.......  No, not applicable.
                                     Monitoring System
                                     (COMS) Minimum
                                     Procedures.
Sec.  63.8(c)(6).................  CMS Requirements......  Zero and high level             No, Sec.  63.8425
                                                             calibration check               specifies
                                                             requirements.                   requirements.
Sec.  63.8(c)(7)-(8).............  CMS Requirements......  Out-of-control periods........  No, Sec.  63.8425
                                                                                             specifies
                                                                                             requirements.
Sec.  63.8(d)....................  CMS Quality Control...  Requirements for CMS quality    No, Sec.  63.8425
                                                             control.                        specifies
                                                                                             requirements.
Sec.  63.8(e)....................  CMS Performance         Requirements for CMS            No, Sec.  63.8425
                                     Evaluation.             performance evaluation.         specifies
                                                                                             requirements.
Sec.  63.8(f)(1)-(5).............  Alternative Monitoring  Procedures for Administrator    Yes.
                                     Method.                 to approve alternative
                                                             monitoring.
Sec.  63.8(f)(6).................  Alternative to          Procedures for Administrator    No, not applicable.
                                     Relative Accuracy       to approve alternative
                                     Test.                   relative accuracy test for
                                                             continuous emissions
                                                             monitoring systems (CEMS).
Sec.  63.8(g)....................  Data Reduction........  COMS and CEMS data reduction    No, not applicable.
                                                             requirements.
Sec.  63.9(a)....................  Notification            Applicability; State            Yes.
                                     Requirements.           delegation.
Sec.  63.9(b)....................  Initial Notifications.  Requirements for initial        Yes.
                                                             notifications.
Sec.  63.9(c)....................  Request for Compliance  Can request if cannot comply    Yes.
                                     Extension.              by date or if installed BACT/
                                                             LAER.
Sec.  63.9(d)....................  Notification of         For sources that commence       Yes.
                                     Special Compliance      construction between proposal
                                     Requirements for New    and promulgation and want to
                                     Source.                 comply 3 years after
                                                             effective date.
Sec.  63.9(e)....................  Notification of         Notify Administrator 60 days    Yes.
                                     Performance Test.       prior.
Sec.  63.9(f)....................  Notification of VE/     Notify Administrator 30 days    No, not applicable.
                                     Opacity Test.           prior.
Sec.  63.9(g)(1).................  Additional              Notification of performance     Yes.
                                     Notifications When      evaluation.
                                     Using CMS.
Sec.  63.9(g)(2)-(3).............  Additional              Notification of COMS data use;  No, not applicable.
                                     Notifications When      notification that relative
                                     Using CMS.              accuracy alternative
                                                             criterion were exceeded.
Sec.  63.9(h)....................  Notification of         Contents; submittal             Yes.
                                     Compliance Status.      requirements.
Sec.  63.9(i)....................  Adjustment of           Procedures for Administrator    Yes.
                                     Submittal Deadlines.    to approve change in when
                                                             notifications must be
                                                             submitted.
Sec.  63.9(j)....................  Change in Previous      Must submit within 15 days      Yes.
                                     Information.            after the change.
Sec.  63.10(a)...................  Recordkeeping/          Applicability; general          Yes.
                                     Reporting.              information.
Sec.  63.10(b)(1)................  General Recordkeeping   General requirements..........  Yes.
                                     Requirements.
Sec.  63.10(b)(2)(i)-(v).........  Records Related to SSM  Requirements for SSM records..  Yes.
Sec.  63.10(b)(2)(vi)-(xii) and    CMS Records...........  Records when CMS is             Yes.
 (xiv).                                                      malfunctioning, inoperative
                                                             or out-of-control.
Sec.  63.10(b)(2)(xiii)..........  Records...............  Records when using alternative  No, not applicable.
                                                             to relative accuracy test.
Sec.  63.10(b)(3)................  Records...............  Applicability Determinations..  Yes.
Sec.  63.10(c)(1)-(15)...........  Records...............  Additional records for CMS....  No, Sec. Sec.
                                                                                             63.8425 and 63.8490
                                                                                             specify
                                                                                             requirements.

[[Page 340]]

 
Sec.  63.10(d)(1) and (2)........  General Reporting       Requirements for and            Yes.
                                     Requirements.           reporting; performance test
                                                             results reporting.
Sec.  63.10(d)(3)................  Reporting Opacity or    Requirements for reporting      No, not applicable.
                                     VE Observations.        opacity and VE.
Sec.  63.10(d)(4)................  Progress Reports......  Must submit progress reports    Yes.
                                                             on schedule if under
                                                             compliance extension.
Sec.  63.10(d)(5)................  SSM Reports...........  Contents and submission.......  Yes.
Sec.  63.10(e)(1)-(3)............  Additional CMS Reports  Requirements for CMS reporting  No, Sec. Sec.
                                                                                             63.8425 and 63.8485
                                                                                             specify
                                                                                             requirements.
Sec.  63.10(e)(4)................  Reporting COMS data...  Requirements for reporting      No, not applicable.
                                                             COMS data with performance
                                                             test data.
Sec.  63.10(f)...................  Waiver for              Procedures for Administrator    Yes.
                                     Recordkeeping/          to waive.
                                     Reporting.
Sec.  63.11......................  Flares................  Requirement for flares........  No, not applicable.
Sec.  63.12......................  Delegation............  State authority to enforce      Yes.
                                                             standards.
Sec.  63.13......................  Addresses.............  Addresses for reports,          Yes.
                                                             notifications, requests.
Sec.  63.14......................  Incorporation by        Materials incorporated by       Yes.
                                     Reference.              reference.
Sec.  63.15......................  Availability of         Information availability;       Yes.
                                     Information.            confidential information.
----------------------------------------------------------------------------------------------------------------



 Subpart KKKKK_National Emission Standards for Hazardous Air Pollutants 
                     for Clay Ceramics Manufacturing

    Source: 68 FR 26738, May 16, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.8530  What is the purpose of this subpart?

    This subpart establishes national emission limitations and work 
practice standards for hazardous air pollutants (HAP) emitted from clay 
ceramics manufacturing facilities. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations and work practice standards.



Sec. 63.8535  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a clay 
ceramics manufacturing facility that is, is located at, or is part of a 
major source of HAP emissions according to the criteria in paragraphs 
(a) and (b) of this section.
    (a) A clay ceramics manufacturing facility is a plant site that 
manufactures pressed floor tile, pressed wall tile, other pressed tile, 
or sanitaryware (e.g., sinks and toilets). Clay ceramics manufacturing 
facilities typically process clay, shale, and various additives; form 
the processed materials into tile or sanitaryware shapes; and dry and 
fire the ceramic products. Glazes are applied to many tile and 
sanitaryware products.
    (b) A major source of HAP emissions is any stationary source or 
group of stationary sources within a contiguous area under common 
control that 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 HAP 
at a rate of 22.68 megagrams (25 tons) or more per year.



Sec. 63.8540  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing, new, or reconstructed 
affected source at a clay ceramics manufacturing facility and to each 
affected source described in paragraphs (f)(1) or (f)(2) of this 
section.
    (b) Each existing, new, or reconstructed periodic kiln, tunnel kiln, 
and roller kiln is an affected source regardless of design capacity. 
Each source that meets the description in paragraphs (f)(1) or (f)(2) 
also is an affected source.
    (c) Kilns that are used exclusively for research and development 
(R&D) and are not used to manufacture products for commercial sale, 
except in a de minimis manner, are not subject to the requirements of 
this subpart.
    (d) Kilns that are used exclusively for setting glazes on previously 
fired products or for refiring are not subject to the requirements of 
this subpart.
    (e) A source is a new affected source if construction of the 
affected source

[[Page 341]]

began after July 22, 2002, and you met the applicability criteria at the 
time you began construction.
    (f) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2, except as provided in paragraphs (f)(1) and 
(f)(2) of this section.
    (1) It is not technologically and economically feasible for an 
existing tunnel kiln whose design capacity is less than 9.07 megagrams 
per hour (Mg/hr) (10 tons per hour (tph)) of fired product but is 
increased such that it is equal to or greater than 9.07 Mg/hr (10 tph) 
of fired product to meet the relevant standards (i.e., new source 
maximum achievable control technology (MACT)) by retrofitting with a dry 
lime injection fabric filter (DIFF), dry lime scrubber/fabric filter 
(DLS/FF), or wet scrubber (WS).
    (2) It is not technologically and economically feasible for an 
existing dry limestone adsorber (DLA)-controlled kiln whose design 
capacity is equal to or greater than 9.07 Mg/hr (10 tph) of fired 
product to meet the relevant standards by retrofitting with a DIFF, DLS/
FF, or WS.
    (g) An affected source is existing if it is not new or reconstructed 
and does not meet the descriptions provided in paragraphs (f)(1) and 
(f)(2) of this section.



Sec. 63.8545  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source or an 
affected source described in Sec. 63.8540(f)(1) or Sec. 63.8540(f)(2), 
you must comply with this subpart according to paragraphs (a)(1) and (2) 
of this section.
    (1) If the initial startup of your affected source is before May 16, 
2003, then you must comply with the applicable emission limitations and 
work practice standards in Tables 1, 2, and 3 to this subpart no later 
than May 16, 2003.
    (2) If the initial startup of your affected source is after May 16, 
2003, then you must comply with the applicable emission limitations and 
work practice standards in Tables 1, 2, and 3 to this subpart upon 
initial startup of your affected source.
    (b) If you have an existing affected source, you must comply with 
the work practice standards for existing sources in Table 3 to this 
subpart no later than May 16, 2006.
    (c) If you have an existing area source that increases its emissions 
or its potential to emit such that it becomes a major source of HAP by 
adding a new affected source or by reconstructing, you must be in 
compliance with this subpart upon initial startup of your affected 
source as a major source.
    (d) If you have a new area source (i.e., an area source for which 
construction or reconstruction was commenced after July 22, 2002) that 
increases its emissions or its potential to emit such that it becomes a 
major source of HAP, you must be in compliance with this subpart upon 
initial startup of your affected source as a major source.
    (e) You must meet the notification requirements in Sec. 63.8630 
according to the schedule in Sec. 63.8630 and in 40 CFR part 63, 
subpart A. Some of the notifications must be submitted before you are 
required to comply with the emission limitations in this subpart.

            Emission Limitations and Work Practice Standards



Sec. 63.8555  What emission limitations and work practice standards must I 

meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.
    (c) You must meet each work practice standard in Table 3 to this 
subpart that applies to you.



Sec. 63.8560  What are my options for meeting the emission limitations and 

work practice standards?

    (a) To meet the emission limitations in Tables 1 and 2 to this 
subpart, you must use one or more of the options listed in paragraphs 
(a)(1) and (2) of this section.
    (1) Emissions control system. Use an emissions capture and 
collection system and an air pollution control device

[[Page 342]]

(APCD) and demonstrate that the resulting emissions or emissions 
reductions meet the emission limits in Table 1 to this subpart, and that 
the capture and collection system and APCD meet the applicable operating 
limits in Table 2 to this subpart.
    (2) Process changes. Use low-HAP raw materials or implement 
manufacturing process changes and demonstrate that the resulting 
emissions or emissions reductions meet the emission limits in Table 1 to 
this subpart.
    (b) To meet the work practice standards in Table 3 to this subpart, 
for each affected kiln, you must use natural gas, or an equivalent fuel 
(such as propane or other clean burning fuel), as the kiln fuel at all 
times except during periods of natural gas curtailment or other periods 
when natural gas is not available.

                     General Compliance Requirements



Sec. 63.8570  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits) in this subpart at all times, except during 
periods of startup, shutdown, and malfunction and during periods of 
routine control device maintenance as specified in paragraph (e) of this 
section.
    (b) Except as specified in paragraph (e) of this section, you must 
always operate and maintain your affected source, including air 
pollution control and monitoring equipment, according to the provisions 
in Sec. 63.6(e)(1)(i). During the period between the compliance date 
specified for your affected source in Sec. 63.8545 and the date upon 
which continuous monitoring systems (CMS) (e.g., continuous parameter 
monitoring systems) have been installed and verified and any applicable 
operating limits have been set, you must maintain a log detailing the 
operation and maintenance of the process and emissions control 
equipment.
    (c) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart, you must develop a written startup, 
shutdown, and malfunction plan (SSMP) according to the provisions in 
Sec. 63.6(e)(3).
    (d) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart, you must prepare and implement a written 
operation, maintenance, and monitoring (OM&M) plan according to the 
requirements in Sec. 63.8575.
    (e) If you own or operate a kiln that is subject to the emission 
limits specified in Table 1 to this subpart and must perform routine 
maintenance on the control device for that kiln, you may bypass the kiln 
control device and continue operating the kiln upon approval by the 
Administrator provided you satisfy the conditions listed in paragraphs 
(e)(1) through (5) of this section.
    (1) You must request a routine control device maintenance exemption 
from the Administrator. Your request must justify the need for the 
routine maintenance on the control device and the time required to 
accomplish the maintenance activities, describe the maintenance 
activities and the frequency of the maintenance activities, explain why 
the maintenance cannot be accomplished during kiln shutdowns, describe 
how you plan to minimize emissions to the greatest extent possible 
during the maintenance, and provide any other documentation required by 
the Administrator.
    (2) The routine control device maintenance exemption must not exceed 
4 percent of the annual operating uptime for each kiln.
    (3) The request for the routine control device maintenance 
exemption, if approved by the Administrator, must be incorporated by 
reference in and attached to the affected source's title V permit.
    (4) You must minimize HAP emissions during the period when the kiln 
is operating and the control device is offline.
    (5) You must minimize the time period during which the kiln is 
operating and the control device is offline.
    (f) You must be in compliance with the work practice standards in 
this subpart at all times, except during periods of natural gas 
curtailment or other periods when natural gas is not available.
    (g) You must be in compliance with the provisions of subpart A of 
this part,

[[Page 343]]

except as noted in Table 8 to this subpart.

[68 FR 26738, May 16, 2003, as amended at 71 FR 20469, Apr. 20, 2006]



Sec. 63.8575  What do I need to know about operation, maintenance, and 

monitoring plans?

    (a) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart, you must prepare, implement, and revise as 
necessary an OM&M plan that includes the information in paragraph (b) of 
this section. Your OM&M plan must be available for inspection by the 
permitting authority upon request.
    (b) Your OM&M plan must include, as a minimum, the information in 
paragraphs (b)(1) through (13) of this section.
    (1) Each process and APCD to be monitored, the type of monitoring 
device that will be used, and the operating parameters that will be 
monitored.
    (2) A monitoring schedule that specifies the frequency that the 
parameter values will be determined and recorded.
    (3) The limits for each parameter that represent continuous 
compliance with the emission limitations in Sec. 63.8555. The limits 
must be based on values of the monitored parameters recorded during 
performance tests.
    (4) Procedures for the proper operation and routine and long-term 
maintenance of each APCD, including a maintenance and inspection 
schedule that is consistent with the manufacturer's recommendations.
    (5) Procedures for installing the CMS sampling probe or other 
interface at a measurement location relative to each affected process 
unit such that the measurement is representative of control of the 
exhaust emissions (e.g., on or downstream of the last APCD).
    (6) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system.
    (7) Continuous monitoring system performance evaluation procedures 
and acceptance criteria (e.g., calibrations).
    (8) Procedures for the proper operation and maintenance of 
monitoring equipment consistent with the requirements in Sec. Sec. 
63.8600 and 63.8(c)(1), (3), (4)(ii), (7), and (8).
    (9) Continuous monitoring system data quality assurance procedures 
consistent with the requirements in Sec. 63.8(d).
    (10) Continuous monitoring system recordkeeping and reporting 
procedures consistent with the requirements in Sec. 63.10(c), (e)(1), 
and (e)(2)(i).
    (11) Procedures for responding to operating parameter deviations, 
including the procedures in paragraphs (b)(11)(i) through (iii) of this 
section.
    (i) Procedures for determining the cause of the operating parameter 
deviation.
    (ii) Actions for correcting the deviation and returning the 
operating parameters to the allowable limits.
    (iii) Procedures for recording the times that the deviation began 
and ended, and corrective actions were initiated and completed.
    (12) Procedures for keeping records to document compliance.
    (13) If you operate an affected kiln and you plan to take the kiln 
control device out of service for routine maintenance, as specified in 
Sec. 63.8570(e), the procedures specified in paragraphs (b)(13)(i) and 
(ii) of this section.
    (i) Procedures for minimizing HAP emissions from the kiln during 
periods of routine maintenance of the kiln control device when the kiln 
is operating and the control device is offline.
    (ii) Procedures for minimizing the duration of any period of routine 
maintenance on the kiln control device when the kiln is operating and 
the control device is offline.
    (c) Changes to the operating limits in your OM&M plan require a new 
performance test. If you are revising an operating limit parameter 
value, you must meet the requirements in paragraphs (c)(1) and (2) of 
this section.
    (1) Submit a notification of performance test to the Administrator 
as specified in Sec. 63.7(b).
    (2) After completing the performance test to demonstrate that 
compliance with the emission limits can be achieved at the revised 
operating limit parameter value, you must submit the performance test 
results and the revised operating limits as part of the

[[Page 344]]

Notification of Compliance Status required under Sec. 63.9(h).
    (d) If you are revising the inspection and maintenance procedures in 
your OM&M plan, you do not need to conduct a new performance test.

               Testing and Initial Compliance Requirements



Sec. 63.8585  By what date must I conduct performance tests?

    For each kiln that is subject to the emission limits specified in 
Table 1 to this subpart, you must conduct performance tests within 180 
calendar days after the compliance date that is specified for your 
source in Sec. 63.8545 and according to the provisions in Sec. 
63.7(a)(2).



Sec. 63.8590  When must I conduct subsequent performance tests?

    (a) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart, you must conduct a performance test before 
renewing your 40 CFR part 70 operating permit or at least every 5 years 
following the initial performance test.
    (b) You must conduct a performance test when you want to change the 
parameter value for any operating limit specified in your OM&M plan.



Sec. 63.8595  How do I conduct performance tests and establish operating 

limits?

    (a) You must conduct each performance test in Table 4 to this 
subpart that applies to you.
    (b) Before conducting the performance test, you must install and 
calibrate all monitoring equipment.
    (c) Each performance test must be conducted according to the 
requirements in Sec. 63.7 and under the specific conditions in Table 4 
to this subpart.
    (d) You must test while operating at the maximum production level.
    (e) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (f) You must conduct at least three separate test runs for each 
performance test required in this section, as specified in Sec. 
63.7(e)(3). Each test run must last at least 1 hour.
    (g) You must use the data gathered during the performance test and 
the equations in paragraphs (g)(1) and (2) of this section to determine 
compliance with the emission limitations.
    (1) To determine compliance with the production-based hydrogen 
fluoride (HF), hydrogen chloride (HCl), and particulate matter (PM) 
emission limits in Table 1 to this subpart, you must calculate your mass 
emissions per unit of production for each test run using Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR16MY03.003

Where:

MP=mass per unit production, kilograms (pounds) of pollutant per 
megagram (ton) of fired product
ER=mass emission rate of pollutant (HF, HCl, or PM) during each 
performance test run, kilograms (pounds) per hour
P=production rate during each performance test run, megagrams (tons) of 
fired product per hour.

    (2) To determine compliance with the percent reduction HF and HCl 
emission limits in Table 1 to this subpart, you must calculate the 
percent reduction for each test run using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR16MY03.004

Where:

PR=percent reduction, percent
ERi=mass emission rate of specific HAP (HF or HCl) entering 
the APCD, kilograms (pounds) per hour
ERo=mass emission rate of specific HAP (HF or HCl) exiting 
the APCD, kilograms (pounds) per hour.

    (h) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you as specified in Table 4 to this 
subpart.
    (i) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart and is equipped with an APCD that is not 
addressed in Table 2 to this subpart or that is using process changes as 
a means of meeting the emission limits in Table 1 to this subpart, you 
must meet the requirements in Sec. 63.8(f) and paragraphs (i)(1) and 
(2) of this section.

[[Page 345]]

    (1) Submit a request for approval of alternative monitoring 
procedures to the Administrator no later than the notification of intent 
to conduct a performance test. The request must contain the information 
specified in paragraphs (i)(1)(i) through (iv) of this section.
    (i) A description of the alternative APCD or process changes.
    (ii) The type of monitoring device or procedure that will be used.
    (iii) The operating parameters that will be monitored.
    (iv) The frequency that the operating parameter values will be 
determined and recorded to establish continuous compliance with the 
operating limits.
    (2) Establish site-specific operating limits during the performance 
test based on the information included in the approved alternative 
monitoring procedures request and, as applicable, as specified in Table 
4 to this subpart.



Sec. 63.8600  What are my monitoring installation, operation, and maintenance 

requirements?

    (a) You must install, operate, and maintain each CMS according to 
your OM&M plan and the requirements in paragraphs (a)(1) through (5) of 
this section.
    (1) Conduct a performance evaluation of each CMS according to your 
OM&M plan.
    (2) The CMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. To have a valid hour of data, you must 
have at least three of four equally spaced data values (or at least 75 
percent if you collect more than four data values per hour) for that 
hour (not including startup, shutdown, malfunction, out-of-control 
periods, or periods of routine control device maintenance covered by a 
routine control device maintenance exemption as specified in Sec. 
63.8570(e)).
    (3) Determine and record the 3-hour block averages of all recorded 
readings, calculated after every 3 hours of operation as the average of 
the previous 3 operating hours. To calculate the average for each 3-hour 
average period, you must have at least 75 percent of the recorded 
readings for that period (not including startup, shutdown, malfunction, 
out-of-control periods, or periods of routine control device maintenance 
covered by a routine control device maintenance exemption as specified 
in Sec. 63.8570(e)).
    (4) Record the results of each inspection, calibration, and 
validation check.
    (5) At all times, maintain the monitoring equipment including, but 
not limited to, maintaining necessary parts for routine repairs of the 
monitoring equipment.
    (b) For each liquid flow measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (b)(1) 
through (3) of this section.
    (1) Locate the flow sensor in a position that provides a 
representative flowrate.
    (2) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the liquid flowrate.
    (3) At least semiannually, conduct a flow sensor calibration check.
    (c) For each pressure measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (c)(1) 
through (7) of this section.
    (1) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.
    (4) Check the pressure tap daily to ensure that it is not plugged.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Any time the sensor exceeds the manufacturer's specified maximum 
operating pressure range, conduct calibration checks or install a new 
pressure sensor.
    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (d) For each pH measurement device, you must meet the requirements 
in

[[Page 346]]

paragraphs (a)(1) through (5) and paragraphs (d)(1) through (4) of this 
section.
    (1) Locate the pH sensor in a position that provides a 
representative measurement of pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Check the pH meter's calibration on at least two points every 8 
hours of process operation.
    (4) At least monthly, inspect all components for integrity and all 
electrical connections for continuity.
    (e) For each bag leak detection system, you must meet the 
requirements in paragraphs (e)(1) through (11) of this section.
    (1) Each triboelectric bag leak detection system must be installed, 
calibrated, operated, and maintained 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-19), 
Research Triangle Park, NC 27711. This document is also available on the 
Technology Transfer Network (TTN) under Emission Measurement Center, 
Continuous Emission Monitoring. Other types of bag leak detection 
systems must be installed, operated, calibrated, and maintained in a 
manner consistent with the manufacturer's written specifications and 
recommendations.
    (2) 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.
    (3) The bag leak detection system sensor must provide an output of 
relative PM loadings.
    (4) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (5) 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.
    (6) For positive pressure fabric filter systems, a bag leak detector 
must be installed in each baghouse compartment or cell.
    (7) For negative pressure or induced air fabric filters, the bag 
leak detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (9) 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.''
    (10) 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 your OM&M 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.
    (11) Record the results of each inspection, calibration, and 
validation check.
    (f) For each lime or chemical feed rate measurement device, you must 
meet the requirements in paragraphs (a)(1) through (5) and paragraphs 
(f)(1) and (2) of this section.
    (1) Locate the measurement device in a position that provides a 
representative feed rate measurement.
    (2) At least semiannually, conduct a calibration check.
    (g) For each limestone feed system on a DLA, you must meet the 
requirements in paragraphs (a)(1), (4), and (5) of this section and must 
ensure on a monthly basis that the feed system replaces limestone at 
least as frequently as the schedule set during the performance test.
    (h) Requests for approval of alternate monitoring procedures must 
meet the requirements in Sec. Sec. 63.8595(i) and 63.8(f).

[[Page 347]]



Sec. 63.8605  How do I demonstrate initial compliance with the emission 

limitations and work practice standards?

    (a) You must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to you according to 
Table 5 to this subpart.
    (b) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you according to the requirements in 
Sec. 63.8595 and Table 4 to this subpart.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.8630(e).

                   Continuous Compliance Requirements



Sec. 63.8615  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for periods of monitor malfunctions, associated repairs, 
and required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating. This 
includes periods of startup, shutdown, malfunction, and routine control 
device maintenance as specified in Sec. 63.8570(e) when the affected 
source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities for purposes of calculating data 
averages. A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring system to provide valid 
data. Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. You must use all the valid data 
collected during all other periods in assessing compliance. Any 
averaging period for which you do not have valid monitoring data and 
such data are required constitutes a deviation from the monitoring 
requirements.



Sec. 63.8620  How do I demonstrate continuous compliance with the emission 

limitations and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limit, operating limit, and work practice standard in Tables 1, 2, and 3 
to this subpart that applies to you according to the methods specified 
in Table 6 to this subpart.
    (b) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart and is equipped with an APCD that is not 
addressed in Table 2 to this subpart, or that is using process changes 
as a means of meeting the emission limits in Table 1 to this subpart, 
you must demonstrate continuous compliance with each emission limit in 
Table 1 to this subpart, and each operating limit established as 
required in Sec. 63.8595(i)(2) according to the methods specified in 
your approved alternative monitoring procedures request, as described in 
Sec. Sec. 63.8595(i)(1) and 63.8(f).
    (c) You must report each instance in which you did not meet each 
emission limit and operating limit in this subpart that applies to you. 
This includes periods of startup, shutdown, malfunction, and routine 
control device maintenance. These instances are deviations from the 
emission limitations in this subpart. These deviations must be reported 
according to the requirements in Sec. 63.8635.
    (d) [Reserved]
    (e) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with Sec. 63.6(e)(1) and your OM&M 
plan. The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions in Sec. 63.6(e).
    (f) Deviations that occur during periods of control device 
maintenance covered by an approved routine control device maintenance 
exemption according to Sec. 63.8570(e) are not violations if you

[[Page 348]]

demonstrate to the Administrator's satisfaction that you were operating 
in accordance with the approved routine control device maintenance 
exemption.
    (g) You must demonstrate continuous compliance with the operating 
limits in Table 2 to this subpart for visible emissions (VE) from tunnel 
kilns equipped with DLA, DIFF, or DLS/FF by monitoring VE at each kiln 
stack according to the requirements in paragraphs (g)(1) through (3) of 
this section.
    (1) Perform daily VE observations of each kiln stack according to 
the procedures of Method 22 of 40 CFR part 60, appendix A. You must 
conduct the Method 22 test while the affected source is operating under 
normal conditions. The duration of each Method 22 test must be at least 
15 minutes.
    (2) If VE are observed during any daily test conducted using Method 
22 of 40 CFR part 60, appendix A, you must promptly initiate and 
complete corrective actions according to your OM&M plan. If no VE are 
observed in 30 consecutive daily Method 22 tests for any kiln stack, you 
may decrease the frequency of Method 22 testing from daily to weekly for 
that kiln stack. If VE are observed during any weekly test, you must 
promptly initiate and complete corrective actions according to your OM&M 
plan, resume Method 22 testing of that kiln stack on a daily basis, and 
maintain that schedule until no VE are observed in 30 consecutive daily 
tests, at which time you may again decrease the frequency of Method 22 
testing to a weekly basis.
    (3) If VE are observed during any test conducted using Method 22 of 
40 CFR part 60, appendix A, you must report these deviations by 
following the requirements in Sec. 63.8635.

[68 FR 26738, May 16, 2003, as amended at 71 FR 20469, Apr. 20, 2006]

                   Notifications, Reports, and Records



Sec. 63.8630  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(f)(4), and 63.9 (b) through (e), (g)(1), and (h) that 
apply to you, by the dates specified.
    (b) As specified in Sec. 63.9(b)(2) and (3), if you start up your 
affected source before May 16, 2003, you must submit an Initial 
Notification not later than 120 calendar days after May 16, 2003.
    (c) As specified in Sec. 63.9(b)(3), if you start up your new or 
reconstructed affected source or affected source described in Sec. 
63.8540(f)(1) or Sec. 63.8540(f)(2) on or after May 16, 2003, you must 
submit an Initial Notification not later than 120 calendar days after 
you become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a written notification of intent to conduct a performance test at 
least 60 calendar days before the performance test is scheduled to 
begin, as required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test or other 
initial compliance demonstration as specified in Tables 4 and 5 to this 
subpart, you must submit a Notification of Compliance Status as 
specified in Sec. 63.9(h) and paragraphs (e)(1) through (3) of this 
section.
    (1) For each compliance demonstration that includes a performance 
test conducted according to the requirements in Table 4 to this subpart, 
you must submit the Notification of Compliance Status, including the 
performance test results, before the close of business on the 60th 
calendar day following the completion of the performance test, according 
to Sec. 63.10(d)(2).
    (2) In addition to the requirements in Sec. 63.9(h)(2)(i), you must 
include the information in paragraphs (e)(2)(i) and (ii) of this section 
in your Notification of Compliance Status:
    (i) The operating limit parameter values established for each 
affected source with supporting documentation and a description of the 
procedure used to establish the values.
    (ii) For each APCD that includes a fabric filter, if a bag leak 
detection system is used, analysis and supporting documentation 
demonstrating conformance with EPA guidance and specifications for bag 
leak detection systems in Sec. 63.8600(e).
    (3) For each compliance demonstration required in Table 5 to this 
subpart that does not include a performance test (i.e., compliance 
demonstration for

[[Page 349]]

the work practice standard), you must submit the Notification of 
Compliance Status before the close of business on the 30th calendar day 
following the completion of the compliance demonstration.
    (f) If you request a routine control device maintenance exemption 
according to Sec. 63.8570(e), you must submit your request for the 
exemption no later than 30 days before the compliance date.
    (g) If you own or operate an affected kiln that is subject to the 
work practice standards specified in Table 3 to this subpart, and you 
intend to use a fuel other than natural gas or equivalent to fire the 
affected kiln, you must submit a notification of alternative fuel use 
within 48 hours of the declaration of a period of natural gas 
curtailment or supply interruption, as defined in Sec. 63.8665. The 
notification must include the information specified in paragraphs (g)(1) 
through (5) of this section.
    (1) Company name and address.
    (2) Identification of the affected kiln.
    (3) Reason you are unable to use natural gas or equivalent fuel, 
including the date when the natural gas curtailment was declared or the 
natural gas supply interruption began.
    (4) Type of alternative fuel that you intend to use.
    (5) Dates when the alternative fuel use is expected to begin and 
end.



Sec. 63.8635  What reports must I submit and when?

    (a) You must submit each report in Table 7 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date in Table 7 to this subpart and as specified in paragraphs 
(b)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.8545 and ending on June 30 or December 31, and lasting at least 6 
months, but less than 12 months. For example, if your compliance date is 
March 1, then the first semiannual reporting period would begin on March 
1 and end on December 31.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31 for compliance periods ending on June 
30 and December 31, respectively.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31 for compliance periods 
ending on June 30 and December 31, respectively.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) through (4) of 
this section.
    (c) The compliance report must contain the information in paragraphs 
(c)(1) through (7) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying that, based on information and belief 
formed after reasonable inquiry, the statements and information in the 
report are true, accurate, and complete.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown or malfunction during the 
reporting period and you took actions consistent with your SSMP and OM&M 
plan, the compliance report must include the information specified in 
Sec. 63.10(d)(5)(i).
    (5) A description of control device maintenance performed while the 
control device was offline and the kiln controlled by the control device 
was operating, including the information specified in paragraphs 
(c)(5)(i) through (iii) of this section.

[[Page 350]]

    (i) The date and time when the control device was shutdown and 
restarted.
    (ii) Identification of the kiln that was operating and the number of 
hours that the kiln operated while the control device was offline.
    (iii) A statement of whether or not the control device maintenance 
was included in your approved routine control device maintenance 
exemption developed as specified in Sec. 63.8570(e). If the control 
device maintenance was included in your approved routine control device 
maintenance exemption, then you must report the information in 
paragraphs (c)(5)(iii)(A) through (C) of this section.
    (A) The total amount of time that the kiln controlled by the control 
device operated during the current semiannual compliance period and 
during the previous semiannual compliance period.
    (B) The amount of time that each kiln controlled by the control 
device operated while the control device was offline for maintenance 
covered under the routine control device maintenance exemption during 
the current semiannual compliance period and during the previous 
semiannual compliance period.
    (C) Based on the information recorded under paragraphs 
(c)(5)(iii)(A) and (B) of this section, compute the annual percent of 
kiln operating uptime during which the control device was offline for 
routine maintenance using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16MY03.005

Where:

RM=Annual percentage of kiln uptime during which control device is down 
for routine control device maintenance
DTp=Control device downtime claimed under the routine control 
device maintenance exemption for the previous semiannual compliance 
period
DTc=Control device downtime claimed under the routine control 
device maintenance exemption for the current semiannual compliance 
period
KUp=Kiln uptime for the previous semiannual compliance period
KUc=Kiln uptime for the current semiannual compliance period

    (6) If there are no deviations from any emission limitations 
(emission limits or operating limits) or work practice standards that 
apply to you, the compliance report must contain a statement that there 
were no deviations from the emission limitations or work practice 
standards during the reporting period.
    (7) If there were no periods during which the CMS was out-of-control 
as specified in your OM&M plan, the compliance report must contain a 
statement that there were no periods during which the CMS was out-of-
control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit 
or operating limit) that occurs at an affected source where you are not 
using a CMS to comply with the emission limitations in this subpart, the 
compliance report must contain the information in paragraphs (c)(1) 
through (5) and paragraphs (d)(1) and (2) of this section. This includes 
periods of startup, shutdown, malfunction, and routine control device 
maintenance.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (e) For each deviation from an emission limitation (emission limit 
or operating limit) occurring at an affected source where you are using 
a CMS to comply with the emission limitations in this subpart, you must 
include the information in paragraphs (c)(1) through (5) and paragraphs 
(e)(1) through (13) of this section. This includes periods of startup, 
shutdown, malfunction, and routine control device maintenance.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) The date and time that each malfunction started and stopped.
    (3) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (4) The date, time, and duration that each CMS was out-of-control, 
including the pertinent information in your OM&M plan.

[[Page 351]]

    (5) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction; during routine control device maintenance covered in your 
approved routine control device maintenance exemption; or during another 
period.
    (6) A description of corrective action taken in response to a 
deviation.
    (7) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (8) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (9) A summary of the total duration of CMS downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (10) A brief description of the process units.
    (11) A brief description of the CMS.
    (12) The date of the latest CMS certification or audit.
    (13) A description of any changes in CMS, processes, or control 
equipment since the last reporting period.
    (f) If you have obtained a title V operating permit according to 40 
CFR part 70 or 40 CFR part 71, you must report all deviations as defined 
in this subpart in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report according to Table 7 to this subpart along with, or as 
part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance 
report includes all required information concerning deviations from any 
emission limitation (including any operating limit), then submitting the 
compliance report will satisfy any obligation to report the same 
deviations in the semiannual monitoring report. However, submitting a 
compliance report will not otherwise affect any obligation you may have 
to report deviations from permit requirements to the permitting 
authority.
    (g) If you own or operate an affected kiln that is subject to the 
work practice standard specified in Table 3 to this subpart, and you use 
a fuel other than natural gas or equivalent to fire the affected kiln, 
you must submit a report of alternative fuel use within 10 working days 
after terminating the use of the alternative fuel. The report must 
include the information in paragraphs (g)(1) through (6) of this 
section.
    (1) Company name and address.
    (2) Identification of the affected kiln.
    (3) Reason for using the alternative fuel.
    (4) Type of alternative fuel used to fire the affected kiln.
    (5) Dates that the use of the alternative fuel started and ended.
    (6) Amount of alternative fuel used.



Sec. 63.8640  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(4) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests as required in Sec. 
63.10(b)(2)(viii).
    (4) Records relating to control device maintenance and documentation 
of your approved routine control device maintenance exemption, if you 
request such an exemption under Sec. 63.8570(e).
    (b) You must keep the records required in Table 6 to this subpart to 
show continuous compliance with each emission limitation that applies to 
you.
    (c) You must also maintain the records listed in paragraphs (c)(1) 
through (7) of this section.
    (1) For each bag leak detection system, 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.

[[Page 352]]

    (2) For each deviation of an operating limit parameter value, the 
date, time, and duration of the deviation, a brief explanation of the 
cause of the deviation and the corrective action taken, and whether the 
deviation occurred during a period of startup, shutdown, or malfunction.
    (3) For each kiln that is subject to the emission limits in Table 1, 
records of production rates on a fired-product weight basis.
    (4) For each kiln that is subject to the emission limits in Table 1, 
records for any approved alternative monitoring or test procedures.
    (5) For each kiln that is subject to the emission limits in Table 1, 
records of maintenance and inspections performed on the APCD.
    (6) For each kiln that is subject to the emission limits in Table 1, 
current copies of your SSMP and OM&M plan, including any revisions, with 
records documenting conformance.
    (7) Records that document compliance with any work practice standard 
that applies to you.



Sec. 63.8645  In what form and for how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record onsite for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You may keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.8655  What parts of the General Provisions apply to me?

    Table 8 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.8660  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or a delegated authority such as your State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. You 
should contact your U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to your 
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 paragraph (c) of this 
section are retained by the Administrator of the U.S. EPA and are not 
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 applicability requirements in 
Sec. Sec. 63.8535 and 63.8540, the compliance date requirements in 
Sec. 63.8545, and the non-opacity emission limitations in Sec. 
63.8555.
    (2) Approval of major changes to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.



Sec. 63.8665  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 63.2, and in this section as follows:
    Air pollution control device (APCD) means any equipment that reduces 
the quantity of a pollutant that is emitted to the air.
    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

[[Page 353]]

is not limited to, an instrument that operates on triboelectric, light-
scattering, light-transmittance, or other effects to monitor relative PM 
loadings.
    Clay ceramics manufacturing facility means a plant site that 
manufactures pressed floor tile, pressed wall tile, other pressed tile, 
or sanitaryware (e.g., sinks and toilets). Clay ceramics manufacturing 
facilities typically process clay, shale, and various additives, form 
the processed materials into tile or sanitaryware shapes, and dry and 
fire the ceramic products. Glazes are applied to many tile and 
sanitaryware products.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including any operating limit) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart for any affected source 
required to obtain such a permit; or
    (3) Fails to meet any emission limitation (including any operating 
limit) or work practice standard in this subpart during startup, 
shutdown, or malfunction, regardless of whether or not such failure is 
permitted by this subpart.
    Dry lime injection fabric filter (DIFF) means an APCD that includes 
continuous injection of hydrated lime or other sorbent into a duct or 
reaction chamber followed by a fabric filter.
    Dry lime scrubber/fabric filter (DLS/FF) means an APCD that includes 
continuous injection of humidified hydrated lime or other sorbent into a 
reaction chamber followed by a fabric filter. These systems typically 
include recirculation of some of the sorbent.
    Dry limestone adsorber (DLA) means an APCD that includes a limestone 
storage bin, a reaction chamber that is essentially a packed tower 
filled with limestone, and may or may not include a peeling drum that 
mechanically scrapes reacted limestone to regenerate the stone for 
reuse.
    Emission limitation means any emission limit or operating limit.
    Fabric filter means an APCD used to capture PM by filtering a gas 
stream through filter media; also known as a baghouse.
    Initial startup means:
    (1) For a new or reconstructed tunnel kiln controlled with a DLA, 
and for a tunnel kiln that would be considered reconstructed but for 
Sec. 63.8540(f)(1) or Sec. 63.8540(f)(2), the time at which the 
temperature in the kiln first reaches 260 [deg]C (500 [deg]F) and the 
kiln contains product; or
    (2) For a new or reconstructed tunnel kiln controlled with a DIFF, 
DLS/FF, or WS, the time at which the kiln first reaches a level of 
production that is equal to 75 percent of the kiln design capacity or 12 
months after the affected source begins firing clay ceramics, whichever 
is earlier.
    Particulate matter (PM) means, for purposes of this subpart, 
emissions of PM that serve as a measure of total particulate emissions, 
as measured by Method 5 (40 CFR part 60, appendix A), and as a surrogate 
for metal HAP contained in the particulates including, but not limited 
to, antimony, arsenic, beryllium, cadmium, chromium, cobalt, lead, 
manganese, mercury, nickel, and selenium.
    Period of natural gas curtailment or supply interruption means a 
period of time during which the supply of natural gas to an affected 
facility is halted for reasons beyond the control of the facility. An 
increase in the cost or unit price of natural gas does not constitute a 
period of natural gas curtailment or supply interruption.
    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.
    Research and development kiln means any kiln whose purpose is to 
conduct research and development for new processes and products and is 
not engaged in the manufacture of products for commercial sale, except 
in a de minimis manner.

[[Page 354]]

    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Startup means the setting in operation of an affected source and 
starting the production process.
    Tunnel kiln means any continuous kiln that is not a roller kiln that 
is used to fire clay ceramics.
    Tunnel kiln design capacity means the maximum amount of clay 
ceramics, in Mg (tons), that a kiln is designed to produce in one year 
divided by the number of hours in a year (8,760 hours). If a kiln is 
modified to increase the capacity, the design capacity is considered to 
be the capacity following modifications.
    Wet scrubber (WS) means an APCD that uses water, which may include 
caustic additives or other chemicals, as the sorbent. Wet scrubbers may 
use any of various design mechanisms to increase the contact between 
exhaust gases and the sorbent.
    Work practice standard means any design, equipment, work practice, 
operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.



        Sec. Table 1 to Subpart KKKKK of Part 63--Emission Limits

    As stated in Sec. 63.8555, you must meet each emission limit in the 
following table that applies to you.

------------------------------------------------------------------------
                                   You must meet the  Or you must comply
         For each . . .           following emission  with the following
                                     limits . . .            . . .
------------------------------------------------------------------------
1. New or reconstructed tunnel    a. HF emissions     Reduce
 kiln with a design capacity       must not exceed     uncontrolled HF
 less than 9.07 Mg/hr (10 tph)     0.029 kilograms     emissions by at
 of fired product; each tunnel     per megagram (kg/   least 90 percent.
 kiln that would be considered     Mg) (0.057 pounds
 reconstructed but for Sec.       per ton (lb/ton))
 63.8540(f)(1); and each tunnel    of fired product.
 kiln that would be considered
 reconstructed but for Sec.
 63.8540(f)(2).
                                  b. HCl emissions    Reduce
                                   must not exceed     uncontrolled HCl
                                   0.13 kg/Mg (0.26    emissions by at
                                   lb/ton) of fired    least 30 percent.
                                   product.
                                  c. PM emissions     Not applicable.
                                   must not exceed
                                   0.21 kg/Mg (0.42
                                   lb/ton) of fired
                                   product.
2. New or reconstructed tunnel    a. HF emissions     Reduce
 kiln with a design capacity       must not exceed     uncontrolled HF
 equal to or greater than 10 tph   0.029 kg/Mg         emissions by at
 of fired product.                 (0.057 lb/ton) of   least 90 percent.
                                   fired product.
                                  b. HCl emissions    Reduce
                                   must not exceed     uncontrolled HCl
                                   0.028 kg/Mg         emissions by at
                                   (0.056 lb/ton) of   least 85 percent.
                                   fired product.
                                  c. PM emissions     Not applicable.
                                   must not exceed
                                   0.060 kg/Mg (0.12
                                   lb/ton) of fired
                                   product.
------------------------------------------------------------------------



       Sec. Table 2 to Subpart KKKKK of Part 63--Operating Limits

    As stated in Sec. 63.8555, you must meet each operating limit in 
the following table that applies to you.

------------------------------------------------------------------------
             For each . . .                       You must . . .
------------------------------------------------------------------------
1. Kiln equipped with a DLA............  a. Maintain the average
                                          pressure drop across the DLA
                                          for each 3-hour block period
                                          at or above the average
                                          pressure drop established
                                          during the performance test;
                                          and
                                         b. Maintain a sufficient amount
                                          of limestone in the limestone
                                          hopper, storage bin (located
                                          at the top of the DLA), and
                                          DLA at all times; maintain the
                                          limestone feeder setting at or
                                          above the level established
                                          during the performance test;
                                          and
                                         c. Use the same grade of
                                          limestone from the same source
                                          as was used during the
                                          performance test; maintain
                                          records of the source and
                                          grade of limestone; and
                                         d. Maintain no VE from the DLA
                                          stack.

[[Page 355]]

 
2. Kiln equipped with a DIFF or DLS/FF.  a. If you use a bag leak
                                          detection system, initiate
                                          corrective action within 1
                                          hour of a bag leak detection
                                          system alarm and complete
                                          corrective actions in
                                          accordance with your OM&M
                                          plan; operate and maintain the
                                          fabric filter such that the
                                          alarm is not engaged for more
                                          than 5 percent of the total
                                          operating time in a 6-month
                                          block reporting period; or
                                          maintain no VE from the DIFF
                                          or DLS/FF stack; and
                                         b. Maintain free-flowing lime
                                          in the feed hopper or silo and
                                          to the APCD at all times for
                                          continuous injection systems;
                                          maintain the feeder setting at
                                          or above the level established
                                          during the performance test
                                          for continuous injection
                                          systems.
3. Kiln equipped with a WS.............  a. Maintain the average
                                          scrubber pressure drop for
                                          each 3-hour block period at or
                                          above the average pressure
                                          drop established during the
                                          performance test; and
                                         b. Maintain the average
                                          scrubber liquid pH for each 3-
                                          hour block period at or above
                                          the average scrubber liquid pH
                                          established during the
                                          performance test; and
                                         c. Maintain the average
                                          scrubber liquid flow rate for
                                          each 3-hour block period at or
                                          above the average scrubber
                                          liquid flow rate established
                                          during the performance test;
                                          and
                                         d. If chemicals are added to
                                          the scrubber water, maintain
                                          the average scrubber chemical
                                          feed rate for each 3-hour
                                          block period at or above the
                                          average scrubber chemical feed
                                          rate established during the
                                          performance test.
------------------------------------------------------------------------



    Sec. Table 3 to Subpart KKKKK of Part 63--Work Practice Standards

    As stated in Sec. 63.8555, you must comply with each work practice 
standard in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                                                                        According to one of the
               For . . .                                You must . . .                following requirements . .
                                                                                                   .
----------------------------------------------------------------------------------------------------------------
Each existing, new, or reconstructed     Minimize fuel-based HAP emissions..........  Use natural gas, or
 periodic kiln, tunnel kiln, or roller                                                 equivalent, as the kiln
 kiln; each tunnel kiln that would be                                                  fuel, except during
 considered reconstructed but for Sec.                                                periods of natural gas
  63.8540(f)(1); and each tunnel kiln                                                  curtailment or supply
 that would be considered reconstructed                                                interruption, as defined
 but for Sec.  63.8540(f)(2).                                                         in Sec.  63.8665.
----------------------------------------------------------------------------------------------------------------



 Sec. Table 4 to Subpart KKKKK of Part 63--Requirements for Performance 
                                  Tests

    As stated in Sec. 63.8595, you must conduct each performance test 
in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                                                                            According to the
           For each . . .                  You must . . .            Using . . .        following requirements .
                                                                                                   . .
----------------------------------------------------------------------------------------------------------------
1. New or reconstructed tunnel kiln;  a. Select locations of   Method 1 or 1A of 40     Sampling sites must be
 each tunnel kiln that would be        sampling ports and the   CFR part 60, appendix    located at the outlet
 considered reconstructed but for      number of traverse       A.                       of the APCD and prior
 Sec.  63.8540(f)(1); and each        points.                                           to any releases to the
 tunnel kiln that would be                                                               atmosphere for all
 considered reconstructed but for                                                        affected sources. If
 Sec.  63.8540(f)(2).                                                                   you choose to meet the
                                                                                         percent emission
                                                                                         reduction requirements
                                                                                         for HF or HCl, a
                                                                                         sampling site must also
                                                                                         be located at the APCD
                                                                                         inlet.
                                      b. Determine velocities  Method 2 of 40 CFR part  You may use Method 2A,
                                       and volumetric flow      60, appendix A.          2C, 2D, 2F, or 2G of 40
                                       rate.                                             CFR part 60, appendix
                                                                                         A, as appropriate, as
                                                                                         an alternative to using
                                                                                         Method 2 of 40 CFR part
                                                                                         60, appendix A.
                                      c. Conduct gas           Method 3 of 40 CFR part  You may use Method 3A or
                                       molecular weight         60, appendix A.          3B of 40 CFR part 60,
                                       analysis.                                         appendix A, as
                                                                                         appropriate, as an
                                                                                         alternative to using
                                                                                         Method 3 of 40 CFR part
                                                                                         60, appendix A.

[[Page 356]]

 
                                      d. Measure moisture      Method 4 of 40 CFR part
                                       content of the stack     60, appendix A.
                                       gas.
                                      e. Measure HF and HCl    Method 26A of 40 CFR     Conduct the test while
                                       emissions.               part 60, appendix A;     operating at the
                                                                or                       maximum production
                                                                                         level. You may use
                                                                                         Method 26 of 40 CFR
                                                                                         part 60, appendix A, as
                                                                                         an alternative to using
                                                                                         Method 26A of 40 CFR
                                                                                         part 60, appendix A,
                                                                                         when no acid PM (e.g.,
                                                                                         HF or HCl dissolved in
                                                                                         water droplets emitted
                                                                                         by sources controlled
                                                                                         by a WS) is present.
                                                               Method 320 of 40 CFR     Conduct the test while
                                                                part 63, appendix A.     operating at the
                                                                                         maximum production
                                                                                         level. When using
                                                                                         Method 320 of 40 CFR
                                                                                         part 63, appendix A,
                                                                                         you must follow the
                                                                                         analyte spiking
                                                                                         procedures of section
                                                                                         13 of Method 320 of 40
                                                                                         CFR part 63, appendix
                                                                                         A, unless you can
                                                                                         demonstrate that the
                                                                                         complete spiking
                                                                                         procedure has been
                                                                                         conducted at a similar
                                                                                         source.
                                      f. Measure PM emissions  Method 5 of 40 CFR part  Conduct the test while
                                                                60, appendix A.          operating at the
                                                                                         maximum production
                                                                                         level.
2. Kiln that is complying with        Determine the            Production data          You must measure and
 production-based emission limits.     production rate during   collected during the     record the production
                                       each test run in order   performance tests        rate, on a fired-
                                       to determine             (e.g., the number of     product weight basis,
                                       compliance with          ceramic pieces and       of the affected kiln
                                       production-based         weight per piece in      for each of the three
                                       emission limits.         the kiln during a test   test runs.
                                                                run divided by the
                                                                amount of time to fire
                                                                a piece).
3. Kiln equipped with a DLA.........  a. Establish the         Data from the pressure   You must continuously
                                       operating limit for      drop measurement         measure the pressure
                                       the average pressure     device during the        drop across the DLA,
                                       drop across the DLA.     performance test.        determine and record
                                                                                         the block average
                                                                                         pressure drop values
                                                                                         for the three test
                                                                                         runs, and determine and
                                                                                         record the 3-hour block
                                                                                         average of the recorded
                                                                                         pressure drop
                                                                                         measurements for the
                                                                                         three test runs.
                                      b. Establish the         Data from the limestone  You must ensure that you
                                       operating limit for      feeder during the        maintain an adequate
                                       the limestone feeder     performance test.        amount of limestone in
                                       setting.                                          the limestone hopper,
                                                                                         storage bin (located at
                                                                                         the top of the DLA),
                                                                                         and DLA at all times
                                                                                         during the performance
                                                                                         test. You must
                                                                                         establish your
                                                                                         limestone feeder
                                                                                         setting one week prior
                                                                                         to the performance test
                                                                                         and maintain the feeder
                                                                                         setting for the one-
                                                                                         week period that
                                                                                         precedes the
                                                                                         performance test and
                                                                                         during the performance
                                                                                         test.
                                      c. Document the source   Records of limestone
                                       and grade of limestone   purchase.
                                       used.

[[Page 357]]

 
4. Kiln equipped with a DIFF or DLS/  Establish the operating  Data from the lime       For continuous lime
 FF.                                   limit for the lime       feeder during the        injection systems, you
                                       feeder setting.          performance test.        must ensure that lime
                                                                                         in the feed hopper or
                                                                                         silo and to the APCD is
                                                                                         free-flowing at all
                                                                                         times during the
                                                                                         performance test and
                                                                                         record the feeder
                                                                                         setting for the three
                                                                                         test runs. If the feed
                                                                                         rate setting varies
                                                                                         during the three test
                                                                                         runs, determine and
                                                                                         record the average feed
                                                                                         rate from the three
                                                                                         test runs.
5. Kiln equipped with a WS..........  a. Establish the         Data from the pressure   You must continuously
                                       operating limit for      drop measurement         measure the scrubber
                                       the average scrubber     device during the        pressure drop,
                                       pressure drop.           performance test.        determine and record
                                                                                         the block average
                                                                                         pressure drop values
                                                                                         for the three test
                                                                                         runs, and determine and
                                                                                         record the 3-hour block
                                                                                         average of the recorded
                                                                                         pressure drop
                                                                                         measurements for the
                                                                                         three test runs.
                                      b. Establish the         Data from the pH         You must continuously
                                       operating limit for      measurement device       measure the scrubber
                                       the average scrubber     during the performance   liquid pH, determine
                                       liquid pH.               test.                    and record the block
                                                                                         average pH values for
                                                                                         the three test runs,
                                                                                         and determine and
                                                                                         record the 3-hour block
                                                                                         average of the recorded
                                                                                         pH measurements for the
                                                                                         three test runs.
                                      c. Establish the         Data from the flow rate  You must continuously
                                       operating limit for      measurement device       measure the scrubber
                                       the average scrubber     during the performance   liquid flow rate,
                                       liquid flow rate.        test.                    determine and record
                                                                                         the block average flow
                                                                                         rate values for the
                                                                                         three test runs, and
                                                                                         determine and record
                                                                                         the 3-hour block
                                                                                         average of the recorded
                                                                                         flow rate measurements
                                                                                         for the three test
                                                                                         runs.
6. Kiln equipped with a WS that       Establish the operating  Data from the chemical   You must continuously
 includes chemical addition to the     limit for the average    feed rate measurement    measure the scrubber
 water.                                scrubber chemical feed   device during the        chemical feed rate,
                                       rate.                    performance test.        determine and record
                                                                                         the block average
                                                                                         chemical feed rate
                                                                                         values for the three
                                                                                         test runs, and
                                                                                         determine and record
                                                                                         the 3-hour block
                                                                                         average of the recorded
                                                                                         chemical feed rate
                                                                                         measurements for the
                                                                                         three test runs.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 5 to Subpart KKKKK of Part 63--Initial Compliance with 
            Emission Limitations and Work Practice Standards

    As stated in Sec. 63.8605, you must demonstrate initial compliance 
with each emission limitation that applies to you according to the 
following table:

[[Page 358]]



----------------------------------------------------------------------------------------------------------------
                                                                        You have demonstrated initial compliance
              For each . . .                 For the following . . .                    if . . .
----------------------------------------------------------------------------------------------------------------
1. New or reconstructed tunnel kiln with   a. HF emissions must not     i. The HF emissions measured using
 a design capacity less than 9.07 Mg/hr     exceed 0.029 kg/Mg (0.057    Method 26A of 40 CFR part 60, appendix
 (10 tph) of fired product; each tunnel     lb/ton) of fired product;    A or Method 320 of 40 CFR part 63,
 kiln that would be considered              or uncontrolled HF           appendix A over the period of the
 reconstructed but for Sec.                emissions must be reduced    initial performance test, according to
 63.8540(f)(1); and each tunnel kiln that   by at least 90 percent;      the calculations in Sec.
 would be considered reconstructed but      and.                         63.8595(g)(1), do not exceed 0.029 kg/
 for Sec.  63.8540(f)(2).                                               Mg (0.057 lb/ton); or uncontrolled HF
                                                                         emissions measured using Method 26A of
                                                                         40 CFR part 60, appendix A or Method
                                                                         320 of 40 CFR part 63, appendix A over
                                                                         the period of the initial performance
                                                                         test are reduced by at least 90
                                                                         percent, according to the calculations
                                                                         in Sec.  63.8595(g)(2); and
                                                                        ii. You establish and have a record of
                                                                         the operating limits listed in Table 2
                                                                         to this subpart over the 3-hour
                                                                         performance test during which HF
                                                                         emissions did not exceed 0.029 kg/Mg
                                                                         (0.057 lb/ton) or uncontrolled HF
                                                                         emissions were reduced by at least 90
                                                                         percent.
                                           b. HCl emissions must not    i. The HCl emissions measured using
                                            exceed 0.13 kg/Mg (0.26 lb/  Method 26A of 40 CFR part 60, appendix
                                            ton) of fired product; or    A or Method 320 of 40 CFR part 63,
                                            uncontrolled HCl emissions   appendix A over the period of the
                                            must be reduced by at        initial performance test, according to
                                            least 30 percent; and        the calculations in Sec.
                                                                         63.8595(g)(1), do not exceed 0.13 kg/Mg
                                                                         (0.26 lb/ton); or uncontrolled HCl
                                                                         emissions measured using Method 26A of
                                                                         40 CFR part 60, appendix A or Method
                                                                         320 of 40 CFR part 63, appendix A over
                                                                         the period of the initial performance
                                                                         test are reduced by at least 30
                                                                         percent, according to the calculations
                                                                         in Sec.  63.8595(g)(2); and
                                                                        ii. You establish and have a record of
                                                                         the operating limits listed in Table 2
                                                                         to this subpart over the 3-hour
                                                                         performance test during which HCl
                                                                         emissions did not exceed 0.13 kg/Mg
                                                                         (0.26 lb/ton) or uncontrolled HCl
                                                                         emissions were reduced by at least 30
                                                                         percent.
                                           c. PM emissions must not     i. The PM emissions measured using
                                            exceed 0.21 kg/Mg (0.42 lb/  Method 5 of 40 CFR part 60, appendix A,
                                            ton) of fired product.       over the period of the initial
                                                                         performance test, according to the
                                                                         calculations in Sec.  63.8595(g)(1),
                                                                         do not exceed 0.21 kg/Mg (0.42 lb/ton);
                                                                         and
                                                                        ii. You establish and have a record of
                                                                         the operating limits listed in Table 2
                                                                         to this supbart over the 3-hour
                                                                         performance test during which PM
                                                                         emissions did not exceed 0.21 kg/Mg
                                                                         (0.42 lb/ton).
2. New or reconstructed tunnel kiln with   a. HF emissions must not     i. The HF emissions measured using
 a design capacity equal to or greater      exceed 0.029 kg/Mg (0.057    Method 26A of 40 CFR part 60, appendix
 than 10 tph of fired product.              lb/ton) of fired product;    A or Method 320 of 40 CFR part 63,
                                            or uncontrolled HF           appendix A over the period of the
                                            emissions must be reduced    initial performance test, according to
                                            by at least 90 percent;      the calculations in Sec.
                                            and                          63.8595(g)(1), do not exceed 0.029 kg/
                                                                         Mg (0.057 lb/ton); or uncontrolled HF
                                                                         emissions measured using Method 26A of
                                                                         40 CFR part 60, appendix A or Method
                                                                         320 of 40 CFR part 63, appendix A over
                                                                         the period of the initial performance
                                                                         test are reduced by at least 90
                                                                         percent, according to the calculations
                                                                         in Sec.  63.8595(g)(2); and
                                                                        ii. You establish and have a record of
                                                                         the operating limits listed in Table 2
                                                                         to this subpart over the 3-hour
                                                                         performance test during which HF
                                                                         emissions did not exceed 0.029 kg/Mg
                                                                         (0.057 lb/ton) or uncontrolled HF
                                                                         emissions were reduced by at least 90
                                                                         percent.
                                           b. HCl emissions must not    i. The HCl emissions measured using
                                            exceed 0.028 kg/Mg (0.056    Method 26A of 40 CFR part 60, appendix
                                            lb.ton) of fired product;    A or Method 320 of 40 CFR part 63,
                                            or uncontrolled HCl          appendix A over the period of the
                                            emissions must be reduced    initial performance test, according to
                                            by at least 85 percent;      the calculations in Sec.
                                            and                          63.8595(g)(1), do not exceed 0.028 kg/
                                                                         Mg (0.056 lb/ton); or uncontrolled HCl
                                                                         emissions measured using Method 26A of
                                                                         40 CFR part 60, appendix A or Method
                                                                         320 of 40 CFR part 63, appendix A over
                                                                         the period of the initial performance
                                                                         test are reduced by at least 85
                                                                         percent, according to the calculations
                                                                         in Sec.  63.8595(g)(2); and
                                                                        ii. You establish and have a record of
                                                                         the operating limits listed in Table 2
                                                                         to this subpart over the 3-hour
                                                                         performance test during which HCl
                                                                         emissions did not exceed 0.028 kg/Mg
                                                                         (0.056 lb/ton) or uncontrolled HCI
                                                                         emissions were reduced by at least 85
                                                                         percent.
                                           c. PM emissions must not     i. The PM emissions measured using
                                            exceed 0.060 kg/Mg (0.12     Method 5 of 40 CFR part 60, appendix A,
                                            lb/ton) of fired product.    over the period of the initial
                                                                         performance test, according to the
                                                                         calculations on Sec.  63.8595(g)(1),
                                                                         do not exceed 0.060 kg/Mg (0.12 lb/
                                                                         ton); and

[[Page 359]]

 
                                                                        ii. You establish and have a record of
                                                                         the operating limits listed in Table 2
                                                                         to this subpart over the 3-hour
                                                                         performance test during which PM
                                                                         emissions did not exceed 0.060 kg/Mg
                                                                         (0.12 lb/ton).
3. Existing, new, or reconstructed         Minimize fuel-based HAP      You use natural gas, or equivalent, as
 periodic kiln, tunel kiln, or roller       emissions.                   the kiln fuel.
 kiln; each tunnel kiln that would be
 considered reconstructed but for Sec.
 63.8540(f)(1); and each tunnel kiln that
 would be considered reconstructed but
 for Sec.  63.8540(f)(2).
----------------------------------------------------------------------------------------------------------------



  Sec. Table 6 to Subpart KKKKK of Part 63--Continuous Compliance With 
            Emission Limitations and Work Practice Standards

    As stated in Sec. 63.8620, you must demonstrate continuous 
compliance with each emission limit and operating limit that applies to 
you according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                             You must demonstrate continuous
              For each . . .                 For the following . . .               compliance by . . .
----------------------------------------------------------------------------------------------------------------
1. Kiln equipped with a DLA..............  a. Each emission limit in    i. Collecting the DLA pressure drop data
                                            Table 1 to this subpart      according to Sec.  63.8600(a);
                                            and each operating limit     reducing the DLA pressure drop data to
                                            in Item 1 of Table 2 to      3-hour block averages according to Sec.
                                            this subpart for kilns         63.8600(a); maintaining the average
                                            equipped with a DLA.         pressure drop across the DLA for each 3-
                                                                         hour block period at or above the
                                                                         average pressure drop established
                                                                         during the performance test; and
                                                                        ii. Verifying that the limestone hopper
                                                                         and storage bin (located at the top of
                                                                         the DLA) contain adequate limestone by
                                                                         performing a daily visual check; and
                                                                        iii. Recording the limestone feeder
                                                                         setting daily to verify that the feeder
                                                                         setting is being maintained at or above
                                                                         the level established during the
                                                                         performance test; and
                                                                        iv. Using the same grade of limestone
                                                                         from the same source as was used during
                                                                         the performance test; maintaining
                                                                         records of the source and type of
                                                                         limestone; and
                                                                        v. Performing VE observations of the DLA
                                                                         stack at the frequency specified in
                                                                         Sec.  63.8620(g) using Method 22 of 40
                                                                         CFR part 60, appendix A; maintaining no
                                                                         VE from the DLA stack.
2. Kiln equipped with a DIFF or DLS/FF...  a. Each emission limit in    i. If you use a bag leak detection
                                            Table 1 to this subpart      system, initiating corrective action
                                            and each operating limit     within 1 hour of a bag leak detection
                                            in Item 2 of Table 2 to      system alarm and completing corrective
                                            this subpart for kilns       actions in accordance with your OM&M
                                            equipped with DIFF or DLS/   plan; operating and maintaining the
                                            FF.                          fabric filter such that the alarm is
                                                                         not engaged for more than 5 percent of
                                                                         the total operating time in a 6-month
                                                                         block reporting period; in calculating
                                                                         this 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 you take longer than 1 hour to
                                                                         initiate corrective action, the alarm
                                                                         time is counted as the actual amount of
                                                                         time taken by you to initiate
                                                                         corrective action; or performing VE
                                                                         observations of the DIFF or DLS/FF
                                                                         stack at the frequency specified in
                                                                         Sec.  63.8620(g) using Method 22 of 40
                                                                         CFR part 60, appendix A; maintaining no
                                                                         VE from the DIFF or DLS/FF stack; and
                                                                        ii. Verifying that lime is free-flowing
                                                                         via a load cell, carrier gas/lime flow
                                                                         indicator, carrier gas pressure drop
                                                                         measurement system, or other system;
                                                                         recording all monitor or sensor output,
                                                                         and if lime is found not to be free
                                                                         flowing, promptly initiating and
                                                                         completing corrective actions in
                                                                         accordance with your OM&M plan;
                                                                         recording the feeder setting once each
                                                                         shift of operation to verify that the
                                                                         feeder setting is being maintained at
                                                                         or above the level established during
                                                                         the performance test.

[[Page 360]]

 
3. Kiln equipped with a WS...............  a. Each emission limit in    i. Collecting the scrubber pressure drop
                                            Table 1 to this subpart      data according to Sec.  63.8600(a);
                                            and each operating limit     reducing the scrubber pressure drop
                                            in Item 3 of Table 2 to      data to 3-hour block averages according
                                            this subpart for kilns       to Sec.  63.8600(a); maintaining the
                                            equipped with WS.            average scrubber pressure drop for each
                                                                         3-hour block period at or above the
                                                                         average pressure drop established
                                                                         during the performance test; and
                                                                        ii. Collecting the scrubber liquid pH
                                                                         data according to Sec.  63.8600(a);
                                                                         reducing the scrubber liquid pH data to
                                                                         3-hour block averages according to Sec.
                                                                           63.8600(a); maintaining the average
                                                                         scrubber liquid pH for each 3-hour
                                                                         block period at or above the average
                                                                         scrubber liquid pH established during
                                                                         the performance test; and
                                                                        iii. Collecting the scrubber liquid flow
                                                                         rate data according to Sec.
                                                                         63.8600(a); reducing the scrubber
                                                                         liquid flow rate data to 3-hour block
                                                                         averages according to Sec.
                                                                         63.8600(a); maintaining the average
                                                                         scrubber liquid flow rate for each 3-
                                                                         hour block period at or above the
                                                                         average scrubber liquid flow rate
                                                                         established during the performance
                                                                         test; and
                                                                        iv. If chemicals are added to the
                                                                         scrubber water, collecting the scrubber
                                                                         chemical feed rate data according to
                                                                         Sec.  63.8600(a); reducing the
                                                                         scrubber chemical feed rate data to 3-
                                                                         hour block averages according to Sec.
                                                                         63.8600(a); maintaining the average
                                                                         scrubber chemical feed rate for each 3-
                                                                         hour block period at or above the
                                                                         average scrubber chemical feed rate
                                                                         established during the performance
                                                                         test.
4. Existing, new, or reconstructed         Minimize fuel-based HAP      i. Maintaining records documenting your
 periodic kiln, tunnel kiln, or roller      emissions.                   use of natural gas, or an equivalent
 kiln; each tunnel kiln that would be                                    fuel, as the kiln fuel at all times
 considered reconstructed but for Sec.                                  except during periods of natural gas
 63.8540 (f)(1); and each tunnel kiln                                    curtailment or supply interruption; and
 that would be considered reconstructed                                 ii. If you intend to use an alternative
 but for Sec.  63.8540(f)(2).                                           fuel, submitting a notification of
                                                                         alternative fuel use within 48 hours of
                                                                         the declaration of a period of natural
                                                                         gas curtailment or supply interruption,
                                                                         as defined in Sec.  63.8665; and
                                                                        iii. Submitting a report of alternative
                                                                         fuel use within 10 working days after
                                                                         terminating the use of the alternative
                                                                         fuel, as specified in Sec.
                                                                         63.8635(g).
----------------------------------------------------------------------------------------------------------------



   Sec. Table 7 to Subpart KKKKK of Part 63--Requirements for Reports

    As stated in Sec. 63.8635, you must submit each report that applies 
to you according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                      You must submit the report
          You must submit . . .                  The report must contain . . .                  . . .
----------------------------------------------------------------------------------------------------------------
1. A compliance report...................  a. If there are no deviations from any    Semiannually according to
                                            emission limitations or work practice     the requirements in Sec.
                                            standards that apply to you, a            63.8635(b).
                                            statement that there were no deviations
                                            from the emission limitations or work
                                            practice standards during the reporting
                                            period. If there were no periods during
                                            which the CMS was out-of-control as
                                            specified in your OM&M plan, a
                                            statement that there were no periods
                                            during which the CMS was out-of-control
                                            during the reporting period.
                                           b. If you have a deviation from any       Semiannually according to
                                            emission limitation (emission limit,      the requirements in Sec.
                                            operating limit) during the reporting     63.8635(b).
                                            period, the report must contain the
                                            information in Sec.  63.8635(d) or
                                            (e). If there were periods during which
                                            the CMS was out-of-control, as
                                            specified in your OM&M plan, the report
                                            must contain the information in Sec.
                                            63.8635(e).
                                           c. If you had a startup, shutdown, or     Semiannually according to
                                            malfunction during the reporting period   the requirements in Sec.
                                            and you took actions consistent with      63.8635(b).
                                            your SSMP, the compliance report must
                                            include the information in Sec.
                                            63.10(d)(5)(i).
2. An immediate startup, shutdown, and     a. Actions taken for the event according  By fax or telephone within
 malfunction report if you took actions     to the requirements in Sec.              2 working days after
 during a startup, shutdown, or             63.10(d)(5)(ii).                          starting actions
 malfunction during the reporting period                                              inconsistent with the
 that are not consistent with your SSMP.                                              plan.

[[Page 361]]

 
                                           b. The information in Sec.               By letter within 7 working
                                            63.10(d)(5)(ii).                          days after the end of the
                                                                                      event unless you have made
                                                                                      alternative arrangements
                                                                                      with the permitting
                                                                                      authority.
3. A report of alternative fuel use......  The information in Sec.  63.8635(g)....  If you are subject to the
                                                                                      work practice standards
                                                                                      specified in Table 3 to
                                                                                      this subpart, and you use
                                                                                      an alternative fuel to
                                                                                      fire an affected kiln, by
                                                                                      letter within 10 working
                                                                                      days after terminating the
                                                                                      use of the alternative
                                                                                      fuel.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 8 to Subpart KKKKK of Part 63--Applicability of General 
                       Provisions to Subpart KKKKK

    As stated in Sec. 63.8655, you must comply with the General 
Provisions in Sec. Sec. 63.1 through 63.15 that apply to you according 
to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
              Citation                         Subject              Brief description              KKKKK
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.........................  Applicability...........  Initial applicability     Yes.
                                                                 determination;
                                                                 applicability after
                                                                 standard established;
                                                                 permit requirements;
                                                                 extensions,
                                                                 notifications..
Sec.  63.2.........................  Definitions.............  Definitions for part 63   Yes.
                                                                 standards.
Sec.  63.3.........................  Units and Abbreviations.  Units and abbreviations   Yes.
                                                                 for part 63 standards.
Sec.  63.4.........................  Prohibited Activities...  Compliance date;          Yes.
                                                                 circumvention;
                                                                 severability.
Sec.  63.5.........................  Construction/             Applicability;            Yes.
                                       Reconstruction.           applications; approvals.
Sec.  63.6(a)......................  Applicability...........  General Provisions (GP)   Yes.
                                                                 apply unless compliance
                                                                 extension; GP apply to
                                                                 area sources that
                                                                 become major.
Sec.  63.6(b)(1)-(4)...............  Compliance Dates for New  Standards apply at        Yes.
                                       and Reconstructed         effective date; 3 years
                                       Sources.                  after effective date;
                                                                 upon startup; 10 years
                                                                 after construction or
                                                                 reconstruction
                                                                 commences for section
                                                                 112(f).
Sec.  63.6(b)(5)...................  Notification............  Must notify if commenced  Yes.
                                                                 construction or
                                                                 reconstruction after
                                                                 proposal.
Sec.  63.6(b)(6)...................  [Reserved]..............
Sec.  63.6(b)(7)...................  Compliance Dates for New  Area sources that become  Yes.
                                       and Reconstructed area    major must comply with
                                       Sources That Become       major source standards
                                       Major.                    immediately upon
                                                                 becoming major,
                                                                 regardless of whether
                                                                 required to comply when
                                                                 they were area sources.
Sec.  63.6(c)(1)-(2)...............  Compliance Dates for      Comply according to date  Yes.
                                       Existing Sources.         in subpart, which must
                                                                 be no later than 3
                                                                 years after effective
                                                                 date; for section
                                                                 112(f) standards,
                                                                 comply within 90 days
                                                                 of effective date
                                                                 unless compliance
                                                                 extension.
Sec.  63.6(c)(3)-(4)...............  [Reserved]..............
Sec.  63.6(c)(5)...................  Compliance Dates for      Area sources that become  Yes.
                                       Existing Area Sources     major must comply with
                                       That Become Major.        major source standards
                                                                 by date indicated in
                                                                 subpart or by
                                                                 equivalent time period
                                                                 (for example, 3 years).
Sec.  63.6(d)......................  [Reserved]..............

[[Page 362]]

 
Sec.  63.6(e)(1)-(2)...............  Operation & Maintenance.  Operate to minimize       Yes.
                                                                 emissions at all times;
                                                                 correct malfunctions as
                                                                 soon as practicable;
                                                                 requirements
                                                                 independently
                                                                 enforceable;
                                                                 information
                                                                 Administrator will use
                                                                 to determine if
                                                                 operation and
                                                                 maintenance
                                                                 requirements were met.
Sec.  63.6(e)(3)...................  Startup, Shutdown, and    Requirement for startup,  Yes.
                                       Malfunction Plan (SSMP).  shutdown, and
                                                                 malfunction (SSM) and
                                                                 SSMP; content of SSMP.
Sec.  63.6(f)(1)...................  Compliance Except During  You must comply with      Yes.
                                       SSM.                      emission standards at
                                                                 all times except during
                                                                 SSM.
Sec.  63.6(f)(2)-(3)...............  Methods for Determining   Compliance based on       Yes.
                                       Compliance.               performance test,
                                                                 operation and
                                                                 maintenance plans,
                                                                 records, inspection.
Sec.  63.6(g)......................  Alternative Standard....  Procedures for getting    Yes.
                                                                 an alternative standard.
Sec.  63.6(h)......................  Opacity/VE Standards....  Requirements for opacity  No, not applicable.
                                                                 and VE standards.
Sec.  63.6(i)......................  Compliance Extension....  Procedures and criteria   Yes.
                                                                 for Administrator to
                                                                 grant compliance
                                                                 extension.
Sec.  63.6(j)......................  Presidential Compliance   President may exempt      Yes.
                                       Exemption.                source category.
Sec.  63.7(a)(1)-(2)...............  Performance Test Dates..  Dates for conducting      Yes.
                                                                 initial performance
                                                                 testing and other
                                                                 compliance
                                                                 demonstrations; must
                                                                 conduct 180 days after
                                                                 first subject to rule.
Sec.  63.7(a)(3)...................  Section 114 Authority...  Administrator may         Yes.
                                                                 require a performance
                                                                 test under CAA section
                                                                 114 at any time.
Sec.  63.7(b)(1)...................  Notification of           Must notify               Yes.
                                       Performance Test.         Administrator 60 days
                                                                 before the test.
Sec.  63.7(b)(2)...................  Notification of           Must notify               Yes.
                                       Rescheduling.             Administrator 5 days
                                                                 before scheduled date
                                                                 of rescheduled date.
Sec.  63.7(c)......................  Quality Assurance (QA)/   Requirements; test plan   Yes.
                                       Test Plan.                approval procedures;
                                                                 performance audit
                                                                 requirements; internal
                                                                 and external QA
                                                                 procedures for testing.
Sec.  63.7(d)......................  Testing Facilities......  Requirements for testing  Yes.
                                                                 facilities.
Sec.  63.7(e)(1)...................  Conditions for            Performance tests must    No, Sec.  63.8595
                                       Conducting Performance    be conducted under        specifies
                                       Tests.                    representative            requirements.
                                                                 conditions.
                                                                Cannot conduct            Yes.
                                                                 performance tests
                                                                 during SSM; not a
                                                                 violation to exceed
                                                                 standard during SSM.
Sec.  63.7(e)(2)-(3)...............  Conditions for            Must conduct according    Yes.
                                       Conducting Performance    to subpart and EPA test
                                       Tests.                    methods unless
                                                                 Administrator approves
                                                                 alternative; must have
                                                                 at least three test
                                                                 runs of at least 1 hour
                                                                 each; compliance is
                                                                 based on arithmetic
                                                                 mean of three runs;
                                                                 conditions when data
                                                                 from an additional test
                                                                 run can be used.
Sec.  63.7(f)......................  Alternative Test Method.  Procedures by which       Yes.
                                                                 Administrator can grant
                                                                 approval to use an
                                                                 alternative test method.
Sec.  63.7(g)......................  Performance Test Data     Must include raw data in  Yes.
                                       Analysis.                 performance test
                                                                 report; must submit
                                                                 performance test data
                                                                 60 days after end of
                                                                 test with the
                                                                 notification of
                                                                 compliance status.
Sec.  63.7(h)......................  Waiver of Tests.........  Procedures for            Yes.
                                                                 Administrator to waive
                                                                 performance test.
Sec.  63.8(a)(1)...................  Applicability of          Subject to all            Yes.
                                       Monitoring Requirements.  monitoring requirements
                                                                 in subpart.

[[Page 363]]

 
Sec.  63.8(a)(2)...................  Performance               Performance               Yes.
                                       Specifications.           Specifications in
                                                                 appendix B of 40 CFR
                                                                 part 60 apply.
Sec.  63.8(a)(3)...................  [Reserved].
Sec.  63.8(a)(4)...................  Monitoring with Flares..  Requirements for flares   No, not applicable.
                                                                 in Sec.  63.11 apply.
Sec.  63.8(b)(1)...................  Monitoring..............  Must conduct monitoring   Yes.
                                                                 according to standard
                                                                 unless Administrator
                                                                 approves alternative.
Sec.  63.8(b)(2)-(3)...............  Multiple Effluents and    Specific requirements     Yes.
                                       Multiple Monitoring       for installing and
                                       Systems.                  reporting on monitoring
                                                                 systems.
Sec.  63.8(c)(1)...................  Monitoring System         Maintenance consistent    Yes.
                                       Operation and             with good air pollution
                                       Maintenance.              control practices.
Sec.  63.8(c)(1)(i)................  Routine and Predictable   Reporting requirements    Yes.
                                       SSM.                      for SSM when action is
                                                                 described in SSMP.
Sec.  63.8(c)(1)(ii)...............  SSM not in SSMP.........  Reporting requirements    Yes.
                                                                 for SSM when action is
                                                                 not described in SSMP.
Sec.  63.8(c)(1)(iii)..............  Compliance with           How Administrator         Yes.
                                       Operation and             determines if source
                                       Maintenance               complying with
                                       Requirements.             operation and
                                                                 maintenance
                                                                 requirements.
Sec.  63.8(c)(2)-(3)...............  Monitoring System         Must install to get       Yes.
                                       Installation.             representative emission
                                                                 and parameter
                                                                 measurements.
Sec.  63.8(c)(4)...................  CMS Requirements........  Requirements for CMS....  No, Sec. Sec.
                                                                                           63.8575 and 63.8615
                                                                                           specify requirements.
Sec.  63.8(c)(5)...................  Continuous Opacity        COMS minimum procedures.  No, not applicable.
                                       Monitoring System
                                       (COMS) Minimum
                                       Procedures.
Sec.  63.8(c)(6)...................  CMS Requirements........  Zero and high level       No, Sec.  63.8575
                                                                 calibration check         specifies
                                                                 requirements.             requirements.
Sec.  63.8(c)(7)-(8)...............  CMS Requirements........  Out-of-control periods..  No, Sec.  63.8575
                                                                                           specifies
                                                                                           requirements.
Sec.  63.8(d)......................  CMS Quality Control.....  Requirements for CMS      No, Sec.  63.8575
                                                                 quality control.          specifies
                                                                                           requirements.
Sec.  63.8(e)......................  CMS Performance           Requirements for CMS      No, Sec.  63.8575
                                       Evaluation.               performance evaluation.   specifies
                                                                                           requirements.
Sec.  63.8(f)(1)-(5)...............  Alternative Monitoring    Procedures for            Yes.
                                       Method.                   Administrator to
                                                                 approve alternative
                                                                 monitoring.
Sec.  63.8(f)(6)...................  Alternative to Relative   Procedures for            No, not applicable.
                                       Accuracy Test.            Administrator to
                                                                 approve alternative
                                                                 relative accuracy test
                                                                 for continuous emission
                                                                 monitoring systems
                                                                 (CEMS).
Sec.  63.8(g)......................  Data Reduction..........  COMS and CEMS data        No, not applicable.
                                                                 reduction requirements.
Sec.  63.9(a)......................  Notification              Applicability; State      Yes.
                                       Requirements.             delegation.
Sec.  63.9(b)......................  Initial Notifications...  Requirements for initial  Yes.
                                                                 notifications.
Sec.  63.9(c)......................  Request for Compliance    Can request if cannot     Yes.
                                       Extension.                comply by date or if
                                                                 installed BACT/LAER.
Sec.  63.9(d)......................  Notification of Special   For sources that          Yes.
                                       Compliance Requirements   commence construction
                                       for New Source.           between proposal and
                                                                 promulgation and want
                                                                 to comply 3 years after
                                                                 effective date.
Sec.  63.9(e)......................  Notification of           Notify Administrator 60   Yes.
                                       Performance Test.         days prior.
Sec.  63.9(f)......................  Notification of VE/       Notify Administrator 30   No, not applicable.
                                       Opacity Test.             days prior.
Sec.  63.9(g)(1)...................  Additional Notifications  Notification of           Yes.
                                       When Using CMS.           performance evaluation.
Sec.  63.9(g)(2)-(3)...............  Additional Notifications  Notification of COMS      No, not applicable.
                                       When Using CMS.           data use; notification
                                                                 that relative accuracy
                                                                 alternative criterion
                                                                 were exceeded..
Sec.  63.9(h)......................  Notification of           Contents; submittal       Yes.
                                       Compliance Status.        requirements.
Sec.  63.9(i)......................  Adjustment of Submittal   Procedures for            Yes.
                                       Deadlines.                Administrator to
                                                                 approve change in when
                                                                 notifications must be
                                                                 submitted.
Sec.  63.9(j)......................  Change in Previous        Must submit within 15     Yes.
                                       Information.              days after the change.
Sec.  63.10(a).....................  Recordkeeping/Reporting.  Applicability; general    Yes.
                                                                 information.

[[Page 364]]

 
Sec.  63.10(b)(1)..................  General Recordkeeping     General requirements....  Yes.
                                       Requirements.
Sec.  63.10(b)(2)(i)-(v)...........  Records Related to SSM..  Requirements for SSM      Yes.
                                                                 records.
Sec.  63.10(b)(2)(vi)-(xii) and      CMS Records.............  Records when CMS is       Yes.
 (xiv).                                                          malfunctioning,
                                                                 inoperative or out-of-
                                                                 control.
Sec.  63.10(b)(2)(xiii)............  Records.................  Records when using        No, not applicable.
                                                                 alternative to relative
                                                                 accuracy test.
Sec.  63.10(b)(3)..................  Records.................  Applicability             Yes.
                                                                 Determinations.
Sec.  63.10(c)(1)-(15).............  Records.................  Additional records for    No, Sec. Sec.
                                                                 CMS.                      63.8575 and 63.8640
                                                                                           specify requirements.
Sec.  63.10(d)(1) and (2)..........  General Reporting         Requirements for          Yes.
                                       Requirements.             reporting; performance
                                                                 test results reporting.
Sec.  63.10(d)(3)..................  Reporting Opacity or VE   Requirements for          No, not applicable.
                                       Observations.             reporting opacity and
                                                                 VE.
Sec.  63.10(d)(4)..................  Progress Reports........  Must submit progress      Yes.
                                                                 reports on schedule if
                                                                 under compliance
                                                                 extension.
Sec.  63.10(d)(5)..................  SSM Reports.............  Contents and submission.  Yes.
Sec.  63.10(e)(1)-(3)..............  Additional CMS Reports..  Requirements for CMS      No, Sec. Sec.
                                                                 reporting.                63.8575 and 63.8635
                                                                                           specify requirements.
Sec.  63.10(e)(4)..................  Reporting COMS data.....  Requirements for          No, not applicable.
                                                                 reporting COMS data
                                                                 with performance test
                                                                 data.
Sec.  63.10(f).....................  Waiver for Recordkeeping/ Procedures for            Yes.
                                       Reporting.                Administrator to waive.
Sec.  63.11........................  Flares..................  Requirement for flares..  No, not applicable.
Sec.  63.12........................  Delegation..............  State authority to        Yes.
                                                                 enforce standards.
Sec.  63.13........................  Addresses...............  Addresses for reports,    Yes.
                                                                 notifications, requests.
Sec.  63.14........................  Incorporation by          Materials incorporated    Yes.
                                       Reference.                by reference.
Sec.  63.15........................  Availability of           Information               Yes.
                                       Information.              availability;
                                                                 confidential
                                                                 information.
----------------------------------------------------------------------------------------------------------------



Subpart LLLLL_National Emission Standards for Hazardous Air Pollutants: 
          Asphalt Processing and Asphalt Roofing Manufacturing

    Source: 68 FR 24577, May 7, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.8680  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for existing and new asphalt processing and 
asphalt roofing manufacturing facilities. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations.



Sec. 63.8681  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an asphalt 
processing facility or an asphalt roofing manufacturing facility, as 
defined in Sec. 63.8698, that is a major source of hazardous air 
pollutants (HAP) emissions, or is located at, or is part of a major 
source of HAP emissions.
    (b) After the applicable compliance date specified in Sec. 63.8683, 
blowing stills, asphalt storage tanks, saturators, wet loopers, and 
coaters subject to the provisions of this subpart that are also subject 
to 40 CFR part 60, subpart UU, are required to comply only with 
provisions of this subpart.
    (c) This subpart does not apply to any equipment that is subject to 
subpart CC of this part or to subpart K, Ka, or Kb of 40 CFR part 60.
    (d) This subpart does not apply to asphalt processing and asphalt 
roofing manufacturing equipment used for research and development, as 
defined in Sec. 63.8698.

[[Page 365]]

    (e) The provisions of subpart J of 40 CFR part 60 do not apply to 
emissions from asphalt processing facilities subject to this subpart.
    (f) A major source of HAP emissions is any stationary source or 
group of stationary sources within a contiguous area under common 
control that 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 HAP 
at a rate of 22.68 megagrams (25 tons) or more per year.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005]



Sec. 63.8682  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source at asphalt processing and asphalt roofing manufacturing 
facilities.
    (b) The affected source is:
    (1) Each asphalt processing facility as defined in Sec. 63.8698; or
    (2) Each asphalt roofing manufacturing line as defined in Sec. 
63.8698.
    (i) If the asphalt roofing manufacturing line is collocated with an 
asphalt processing facility, the storage tanks that store asphalt flux 
intended for oxidation in the blowing stills and those tanks that 
receive asphalt directly from the on-site blowing stills are part of the 
asphalt processing facility. The remaining asphalt storage tanks are 
considered to be part of the asphalt roofing facility.
    (ii) If an asphalt storage tank is shared by two or more lines at an 
asphalt roofing manufacturing facility, the shared storage tank is 
considered part of the line to which the tank supplies the greatest 
amount of asphalt, on an annual basis.
    (iii) If a sealant or adhesive applicator is shared by two or more 
asphalt roofing manufacturing lines, the shared applicator is considered 
part of the line that provides the greatest throughput to the 
applicator, on an annual basis.
    (c) An affected source is a new affected source if you commenced 
construction of the affected source after November 21, 2001, and you met 
the applicability criteria at the time you commenced construction.
    (d) An affected source is reconstructed if you meet the criteria in 
the reconstruction definition in Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.



Sec. 63.8683  When must I comply with this subpart?

    (a) If you have a new or reconstructed affected source and start up:
    (1) On or before April 29, 2003, then you must comply with the 
requirements for new and reconstructed sources in this subpart no later 
than April 29, 2003.
    (2) After April 29, 2003, then you must comply with the requirements 
for new and reconstructed sources in this subpart upon startup.
    (b) If you have an existing affected source, you must comply with 
the requirements for existing sources no later than May 1, 2006.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a (or part of a) major source of 
HAP, then the following requirements apply:
    (1) Any portion of the existing facility that becomes a new or 
reconstructed affected source must be in compliance with this subpart 
upon startup or by April 29, 2003, whichever is later.
    (2) All other parts of the source to which this subpart applies must 
be in compliance with this subpart by 3 years after the date the source 
becomes a major source.
    (d) You must meet the notification requirements in Sec. 63.8692 
according to the schedules in Sec. Sec. 63.8692 and 63.9. Some of the 
notifications must be submitted before you are required to comply with 
the emission limitations in this subpart.

                          Emission Limitations



Sec. 63.8684  What emission limitations must I meet?

    (a) You must meet each emission limitation in Table 1 to this 
subpart that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.

[[Page 366]]

                     General Compliance Requirements



Sec. 63.8685  What are my general requirements for complying with this 

subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits) in this subpart at all times, except during 
periods of startup, shutdown, and malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (c) You must develop a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
    (d) You must develop and implement a written site-specific 
monitoring plan according to the provisions in Sec. 63.8688(g) and (h).

[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006]

               Testing and Initial Compliance Requirements



Sec. 63.8686  By what date must I conduct performance tests or other initial 

compliance demonstrations?

    (a) For existing affected sources, you must conduct performance 
tests no later than 180 days after the compliance date that is specified 
for your source in Sec. 63.8683 and according to the provisions in 
Sec. 63.7(a)(2).
    (b) As an alternative to the requirement specified in paragraph (a) 
of this section, you may use the results of a previously-conducted 
emission test to demonstrate compliance with the emission limitations in 
this subpart if you demonstrate to the Administrator's satisfaction 
that:
    (1) No changes have been made to the process since the time of the 
emission test; and
    (2) The operating conditions and test methods used during testing 
conform to the requirements of this subpart; and
    (3) The control device and process parameter values established 
during the previously-conducted emission test are used to demonstrate 
continuous compliance with this subpart.
    (c) For new sources, you must demonstrate initial compliance no 
later than 180 calendar days after April 29, 2003 or within 180 calendar 
days after startup of the source, whichever is later.



Sec. 63.8687  What performance tests, design evaluations, and other procedures 

must I use?

    (a) You must conduct each performance test in Table 3 to this 
subpart that applies to you.
    (b) Each performance test must be conducted under normal operating 
conditions and under the conditions specified in Table 3 to this 
subpart.
    (c) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (d) Except for opacity and visible emission observations, you must 
conduct three separate test runs for each performance test required in 
this section, as specified in Sec. 63.7(e)(3). Each test run must last 
at least 1 hour.
    (e) You must use the following equations to determine compliance 
with the emission limitations.
    (1) To determine compliance with the particulate matter mass 
emission rate, you must use Equations 1 and 2 of this section as 
follows:

[GRAPHIC] [TIFF OMITTED] TR17MY05.000

Where:

E = Particulate matter emission rate, kilograms of particulate matter 
per megagram of roofing product manufactured.
MPM = Particulate matter mass emission rate, kilograms per 
hour, determined using Equation 2.
P = The asphalt roofing product manufacturing rate during the emissions 
sampling period, including any material trimmed from the final product, 
megagram per hour.
[GRAPHIC] [TIFF OMITTED] TR17MY05.001

Where:

MPM = Particulate matter mass emission rate, kilograms per 
hour.
C = Concentration of particulate matter on a dry basis, grams per dry 
standard cubic meter (g/dscm), as measured by the test method specified 
in Table 3 to this subpart.
Q = Vent gas stream flow rate (dry standard cubic meters per minute) at 
a temperature of 20 [deg]C as measured by the test method specified in 
Table 3 to this subpart.

[[Page 367]]

K = Unit conversion constant (0.06 minute-kilogram/hour-gram).

    (2) To determine compliance with the total hydrocarbon percent 
reduction standard, you must use Equations 3 and 4 of this section as 
follows:
[GRAPHIC] [TIFF OMITTED] TR17MY05.002

Where:

RE = Emission reduction efficiency, percent.
MTHCi = Mass flow rate of total hydrocarbons entering the 
control device, kilograms per hour, determined using Equation 4.
MTHCo = Mass flow rate of total hydrocarbons exiting the 
control device, kilograms per hour, determined using Equation 4.
[GRAPHIC] [TIFF OMITTED] TR17MY05.003

Where:

MTHC = Total hydrocarbon mass flow rate, kilograms per hour.
C = Concentration of total hydrocarbons on a dry basis, parts per 
million by volume (ppmv), as measured by the test method specified in 
Table 3 to this subpart.
Q = Vent gas stream flow rate (dscm/minute) at a temperature of 20 
[deg]C as measured by the test method specified in Table 3 to this 
subpart.
K = Unit conversion constant (1.10E-04 (ppmv) -1 (kilogram/
dscm)(minute/hour)).

    (3) To determine compliance with the combustion efficiency standard, 
you must use Equation 5 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29AP03.004

Where:

CE = Combustion efficiency, percent.
CO = Carbon monoxide concentration at the combustion device outlet, 
parts per million by volume (dry), as measured by the test method 
specified in Table 3 to this subpart.
CO2 = Carbon dioxide concentration at the combustion device 
outlet, parts per million by volume (dry), as measured by the test 
method specified in Table 3 to this subpart.
THC = Total hydrocarbon concentration at the combustion device outlet, 
parts per million by volume (dry), as measured by the test method 
specified in Table 3 to this subpart.

    (4) To determine compliance with the total hydrocarbon destruction 
efficiency standard for a combustion device that does not use auxiliary 
fuel, you must use Equation 6 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29AP03.005

Where:

THC DE = THC destruction efficiency, percent.
CO = Carbon monoxide concentration at the combustion device outlet, 
parts per million by volume (dry), as measured by the test method 
specified in Table 3 to this subpart.
CO2 = Carbon dioxide concentration at the combustion device 
outlet, parts per million by volume (dry), as measured by the test 
method specified in Table 3 to this subpart.
THC = Total hydrocarbon concentration at the combustion device outlet, 
parts per million by volume (dry), as measured by the test method 
specified in Table 3 to this subpart.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005]



Sec. 63.8688  What are my monitoring installation, operation, and maintenance 

requirements?

    (a) You must install, operate, and maintain each continuous 
parameter

[[Page 368]]

monitoring system (CPMS) according to the following:
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period.
    (2) To determine the 3-hour average, you must:
    (i) Have a minimum of four successive cycles of operation to have a 
valid hour of data.
    (ii) Have valid data from at least three of four equally spaced data 
values for that hour from a CPMS that is not out-of-control according to 
your site-specific monitoring plan.
    (iii) Determine the 3-hour average of all recorded readings for each 
operating day, except as stated in Sec. 63.8690(c). You must have at 
least two of the three hourly averages for that period using only hourly 
average values that are based on valid data (i.e., not from out-of-
control periods).
    (3) You must record the results of each inspection, calibration, and 
validation check.
    (b) For each temperature monitoring device, you must meet the 
requirements in paragraph (a) of this section and the following:
    (1) Locate the temperature sensor in a position that provides a 
representative temperature.
    (2) For a noncryogenic temperature range, use a temperature sensor 
with a minimum measurement sensitivity of 2.8 [deg]C or 1.0 percent of 
the temperature value, whichever is larger.
    (3) If a chart recorder is used, it must have a sensitivity in the 
minor division of at least 20 [deg]F.
    (4) Perform an accuracy check at least semiannually or following an 
operating parameter deviation:
    (i) According to the procedures in the manufacturer's documentation; 
or
    (ii) By comparing the sensor output to redundant sensor output; or
    (iii) By comparing the sensor output to the output from a calibrated 
temperature measurement device; or
    (iv) By comparing the sensor output to the output from a temperature 
simulator.
    (5) Conduct accuracy checks any time the sensor exceeds the 
manufacturer's specified maximum operating temperature range or install 
a new temperature sensor.
    (6) At least quarterly or following an operating parameter 
deviation, perform visual inspections of components if redundant sensors 
are not used.
    (c) For each pressure measurement device, you must meet the 
requirements of paragraph (a) of this section and the following:
    (1) Locate the pressure sensor(s) in, or as close as possible, to a 
position that provides a representative measurement of the pressure.
    (2) Use a gauge with a minimum measurement sensitivity of 0.12 
kiloPascals or a transducer with a minimum measurement sensitivity of 5 
percent of the pressure range.
    (3) Check pressure tap pluggage daily. Perform an accuracy check at 
least quarterly or following an operating parameter deviation:
    (i) According to the procedures in the manufacturer's documentation; 
or
    (ii) By comparing the sensor output to redundant sensor output.
    (4) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (5) At least monthly or following an operating parameter deviation, 
perform a leak check of all components for integrity, all electrical 
connections for continuity, and all mechanical connections for leakage.
    (6) At least quarterly or following an operating parameter 
deviation, perform visible inspections on all components if redundant 
sensors are not used.
    (d) For monitoring parameters other than temperature and pressure 
drop, you must install and operate a CPMS to provide representative 
measurements of the monitored parameters.
    (e) For each flare, you must install 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.
    (f) As an option to installing the CPMS specified in paragraph (a) 
of this section, you may install a continuous emissions monitoring 
system (CEMS) or a continuous opacity monitoring

[[Page 369]]

system (COMS) that meets the requirements specified in Sec. 63.8 and 
the applicable performance specifications of 40 CFR part 60, appendix B.
    (g) For each monitoring system required in this section, you must 
develop and make available for inspection by the permitting authority, 
upon request, a site-specific monitoring plan that addresses the 
following:
    (1) Installation of the CPMS, CEMS, or COMS sampling probe or other 
interface at a measurement location relative to each affected process 
unit such that the measurement is representative of control of the 
exhaust emissions (e.g., on or downstream of the last control device);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system; and
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (h) In your site-specific monitoring plan, you must also address the 
following:
    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1), (c)(3), (c)(4)(ii), 
(c)(7), and (c)(8);
    (2) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 63.8(d); and
    (3) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (i) You must conduct a performance evaluation of each CPMS, CEMS, or 
COMS in accordance with your site-specific monitoring plan.
    (j) You must operate and maintain the CPMS, CEMS, or COMS in 
continuous operation according to the site-specific monitoring plan.



Sec. 63.8689  How do I demonstrate initial compliance with the emission 

limitations?

    (a) You must demonstrate initial compliance with each emission 
limitation that applies to you according to Table 4 to this subpart.
    (b) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you according to the requirements in 
Sec. 63.8687 and Table 3 to this subpart.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.8692(e).

                   Continuous Compliance Requirements



Sec. 63.8690  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating. This 
includes periods of startup, shutdown, and malfunction when the affected 
source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels, nor may such data be used in fulfilling a minimum data 
availability requirement, if applicable. You must use all the data 
collected during all other periods in assessing the operation of the 
control device and associated control system.



Sec. 63.8691  How do I demonstrate continuous compliance with the operating 

limits?

    (a) You must demonstrate continuous compliance with each operating 
limit in Table 2 to this subpart that applies to you according to test 
methods specified in Table 5 to this subpart.
    (b) You must report each instance in which you did not meet each 
operating limit in Table 5 to this subpart that applies to you. This 
includes periods of startup, shutdown, and malfunction. These instances 
are deviations from the emission limitations in this subpart. These 
deviations must be reported according to the requirements in Sec. 
63.8693.
    (c) [Reserved]

[[Page 370]]

    (d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with Sec. 63.6(e)(1). The 
Administrator will determine whether deviations that occur during a 
period of startup, shutdown, or malfunction are violations, according to 
the provisions in Sec. 63.6(e).

[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006]

                   Notifications, Reports, and Records



Sec. 63.8692  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(f), and 63.9(b) through (f) 
and (h) that apply to you by the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you start up your affected 
source before April 29, 2003, you must submit an Initial Notification 
not later than 120 calendar days after April 29, 2003.
    (c) As specified in Sec. 63.9(b)(3), if you start up your new or 
reconstructed affected source on or after April 29, 2003, you must 
submit an Initial Notification not later than 120 calendar days after 
you become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin, as 
required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test, design 
evaluation, opacity observation, visible emission observation, or other 
initial compliance demonstration as specified in Table 3 or 4 to this 
subpart, you must submit a Notification of Compliance Status according 
to Sec. 63.9(h)(2)(ii). You must submit the Notification of Compliance 
Status, including the performance test results, before the close of 
business on the 60th calendar day following the completion of the 
performance test according to Sec. 63.10(d)(2).
    (f) If you are using data from a previously-conducted emission test 
to serve as documentation of conformance with the emission standards and 
operating limits of this subpart, you must submit the test data in lieu 
of the initial performance test results with the Notification of 
Compliance Status required under paragraph (e) of this section.



Sec. 63.8693  What reports must I submit and when?

    (a) You must submit each report in Table 6 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date in Table 6 to this subpart and according to the following 
dates:
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.8683 and ending on June 30 or December 31, whichever date is the 
first date following the end of the first calendar half after the 
compliance date that is specified for your source in Sec. 63.8683.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first calendar half after the compliance date that is specified for your 
affected source in Sec. 63.8683.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the

[[Page 371]]

first and subsequent compliance reports according to the dates the 
permitting authority has established instead of the dates in paragraphs 
(b)(1) through (4) of this section.
    (c) The compliance report must contain the following information:
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown or malfunction during the 
reporting period and you took actions consistent with your SSMP, the 
compliance report must include the information in Sec. 63.10(d)(5)(i).
    (5) If there are no deviations from any emission limitations 
(emission limit, operating limit, opacity limit, and visible emission 
limit) that apply to you, a statement that there were no deviations from 
the emission limitations during the reporting period.
    (6) If there were no periods during which the CPMS, CEMS, or COMS 
was out-of-control as specified in Sec. 63.8(c)(7), a statement that 
there were no periods during which the CPMS, CEMS, or COMS was out-of-
control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit, 
operating limit, opacity limit, and visible emission limit), you must 
include the information in paragraphs (c)(1) through (6) of this 
section, and the information in paragraphs (d)(1) through (12) of this 
section. This includes periods of startup, shutdown, and malfunction.
    (1) The date and time that each malfunction started and stopped.
    (2) The date and time that each CPMS, CEMS, or COMS was inoperative, 
except for zero (low-level) and high-level checks.
    (3) The date, time and duration that each CPMS, CEMS, or COMS was 
out-of-control, including the information in Sec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (5) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (7) A summary of the total duration of CPMS, CEMS, or COMS downtime 
during the reporting period and the total duration of CPMS, CEMS, or 
COMS downtime as a percent of the total source operating time during 
that reporting period.
    (8) An identification of each air pollutant that was monitored at 
the affected source.
    (9) A brief description of the process units.
    (10) A brief description of the CPMS, CEMS, or COMS.
    (11) The date of the latest CPMS, CEMS, or COMS certification or 
audit.
    (12) A description of any changes in CPMS, CEMS, or COMS, processes, 
or controls since the last reporting period.
    (e) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all 
deviations as defined in this subpart in the semiannual monitoring 
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A). If an affected source submits a compliance report 
pursuant to Table 6 to this subpart along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required 
information concerning deviations from any emission limitation 
(including any operating limit), submission of the compliance report 
shall be deemed to satisfy any obligation to report the same deviations 
in the semiannual monitoring report. However, submission of a compliance 
report shall not otherwise affect any obligation the affected source may 
have to report deviations from

[[Page 372]]

permit requirements to the permit authority.
    (f) If acceptable to both the Administrator and you, you may submit 
reports and notifications electronically.



Sec. 63.8694  What records must I keep?

    (a) You must keep the following records:
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests, performance evaluations, and 
opacity and visible emission observations as required in Sec. 
63.10(b)(2)(viii).
    (b) You must keep the records in Sec. 63.6(h)(6) for visible 
emission observations.
    (c) You must keep the records required in Table 5 to this subpart to 
show continuous compliance with each operating limit that applies to 
you.
    (d) Records of any shared equipment determinations as specified in 
Sec. 63.8682(b).



Sec. 63.8695  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.8696  What parts of the General Provisions apply to me?

    Table 7 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 63.1 through 63.15 apply to you.



Sec. 63.8697  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (U.S. EPA), or a delegated authority 
such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency, in addition to the U.S. EPA, has the authority 
to implement and enforce this subpart. You should contact your U.S. EPA 
Regional Office to find out if implementation and enforcement of 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 following authorities are retained by the Administrator 
of U.S. EPA:
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.8681, 63.8682, 63.8683, 63.8684(a) through (c), 63.8686, 63.8687, 
63.8688, 63.8689, 63.8690, and 63.8691.
    (2) Approval of major changes to test methods under Sec. 
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.



Sec. 63.8698  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 40 
CFR 63.2, the General Provisions of this part, and in this section as 
follows:
    Adhesive applicator means the equipment used to apply adhesive to 
roofing shingles for producing laminated or dimensional roofing 
shingles.
    Asphalt flux means the organic residual material from distillation 
of crude oil that is generally used in asphalt roofing manufacturing and 
paving and non-paving asphalt products.

[[Page 373]]

    Asphalt loading rack means the equipment at an asphalt processing 
facility used to transfer oxidized asphalt from a storage tank into a 
tank truck, rail car, or barge.
    Asphalt processing facility means any facility engaged in the 
preparation of asphalt flux at stand-alone asphalt processing 
facilities, petroleum refineries, and asphalt roofing facilities. 
Asphalt preparation, called ``blowing,'' is the oxidation of asphalt 
flux, achieved by bubbling air through the heated asphalt, to raise the 
softening point and to reduce penetration of the oxidized asphalt. An 
asphalt processing facility includes one or more asphalt flux blowing 
stills, asphalt flux storage tanks storing asphalt flux intended for 
processing in the blowing stills, oxidized asphalt storage tanks, and 
oxidized asphalt loading racks.
    Asphalt roofing manufacturing facility means a facility consisting 
of one or more asphalt roofing manufacturing lines.
    Asphalt roofing manufacturing line means the collection of equipment 
used to manufacture asphalt roofing products through a series of 
sequential process steps. The equipment that comprises an asphalt 
roofing manufacturing line varies depending on the type of substrate 
used (i.e., organic or inorganic) and the final product manufactured 
(e.g., roll roofing, laminated shingles). For example, an asphalt 
roofing manufacturing line that uses fiberglass mat as a substrate 
typically would not include a saturator/wet looper (or the saturator/wet 
looper could be bypassed if the line manufacturers multiple types of 
products). An asphalt roofing manufacturing line can include a saturator 
(including wet looper), coater, coating mixers, sealant applicators, 
adhesive applicators, and asphalt storage and process tanks. The number 
of asphalt roofing manufacturing lines at a particular facility is 
determined by the number of saturators (or coaters) operated in 
parallel. For example, an asphalt roofing manufacturing facility with 
two saturators (or coaters) operating in parallel would be considered to 
have two separate roofing manufacturing lines.
    Asphalt storage tank means any tank used to store asphalt flux, 
oxidized asphalt, and modified asphalt, at asphalt roofing manufacturing 
facilities, petroleum refineries, and asphalt processing facilities. 
Storage tanks containing cutback asphalts (asphalts diluted with 
solvents to reduce viscosity for low temperature applications) and 
emulsified asphalts (asphalts dispersed in water with an emulsifying 
agent) are not subject to this subpart.
    Blowing still means the equipment in which air is blown through 
asphalt flux to change the softening point and penetration rate of the 
asphalt flux, creating oxidized asphalt.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.
    Coater means the equipment used to apply amended (filled or 
modified) asphalt to the top and bottom of the substrate (typically 
fiberglass mat) used to manufacture shingles and rolled roofing 
products.
    Coating mixer means the equipment used to mix coating asphalt and a 
mineral stabilizer, prior to applying the stabilized coating asphalt to 
the substrate.
    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.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including any operating limit), or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart, and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation (including any operating 
limit) or work practice standard in this subpart during startup, 
shutdown, or malfunction, regardless of whether or not such failure is 
permitted by this subpart.

[[Page 374]]

    Emission limitation means any emission limit, opacity limit, 
operating limit, or visible emission limit.
    Group 1 asphalt loading rack means an asphalt loading rack that 
loads asphalt with a maximum temperature of 260 [deg]C (500 [deg]F) or 
greater and has a maximum true vapor pressure of 10.4 kiloPascals (kPa) 
(1.5 pounds per square inch absolute (psia)) or greater.
    Group 2 asphalt loading rack means an asphalt loading rack that is 
not a Group 1 asphalt loading rack.
    Group 1 asphalt storage tank means an asphalt storage tank that 
meets both of the following criteria:
    (1) Has a capacity of 177 cubic meters (47,000 gallons) of asphalt 
or greater; and
    (2) Stores asphalt at a maximum temperature of 260 [deg]C (500 
[deg]F) or greater and has a maximum true vapor pressure of 10.4 kPa 
(1.5 psia) or greater.
    Group 2 asphalt storage tank means any asphalt storage tank with a 
capacity of 1.93 megagrams (Mg) of asphalt or greater that is not a 
Group 1 asphalt storage tank.
    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.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the stored asphalt at its maximum storage temperature.
    Modified asphalt means asphalt that has been mixed with polymer 
modifiers.
    Oxidized asphalt means asphalt that has been prepared by passing air 
through liquid asphalt flux in a blowing still.
    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.
    Research and development equipment means any equipment whose primary 
purpose is to conduct research and development to develop 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.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Saturator means the equipment in which substrate (predominantly 
organic felt) is filled with asphalt. Saturators are predominantly used 
for the manufacture of saturated felt products. The term saturator 
includes the saturator and wet looper.
    Sealant applicator means the equipment used to apply a sealant strip 
to a roofing product. The sealant strip is used to seal overlapping 
pieces of roofing product after they have been applied.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005]

[[Page 375]]



     Sec. Table 1 to Subpart LLLLL of Part 63--Emission Limitations

------------------------------------------------------------------------
                                         You must meet the following
               For--                        emission limitation--
------------------------------------------------------------------------
1. Each blowing still, Group 1       a. Reduce total hydrocarbon mass
 asphalt loading rack, and Group 1    emissions by 95 percent, or to a
 asphalt storage tank at existing,    concentration of 20 ppmv, on a dry
 new, and reconstructed asphalt       basis corrected to 3 percent
 processing facilities; and each      oxygen;
 Group 1 asphalt storage tank at     b. Route the emissions to a
 existing, new, and reconstructed     combustion device achieving a
 roofing manufacturing lines; and     combustion efficiency of 99.5
 each coating mixer, saturator        percent;
 (including wet looper), coater,     c. Route the emissions to a
 sealant applicator, adhesive         combustion device that does not
 applicator, and Group 1 asphalt      use auxiliary fuel achieving a
 storage tank at new and              total hydrocarbon (THC)
 reconstructed asphalt roofing        destruction efficiency of 95.8
 manufacturing lines.                 percent;
                                     d. Route the emissions to a boiler
                                      or process heater with a design
                                      heat input capacity of 44
                                      megawatts (MW) or greater;
                                     e. Introduce the emissions into the
                                      flame zone of a boiler or process
                                      heater; or
                                     f. Route emissions to a flare
                                      meeting the requirements of Sec.
                                      63.11(b).
2. The total emissions from the      a. Limit particulate matter
 coating mixer, saturator             emissions to 0.04 kilograms
 (including wet looper), coater,      emissions per megagram (kg/Mg)
 sealant applicator, and adhesive     (0.08 pounds per ton, lb/ton) of
 applicator at each existing          asphalt shingle or mineral-
 asphalt roofing manufacturing        surfaced roll roofing produced; or
 line. \a\                           b. Limit particulate matter
                                      emissions to 0.4 kg/Mg (0.8 lb/
                                      ton) of saturated felt or smooth-
                                      surfaced roll roofing produced.
3. Each saturator (including wet     a. Limit exhaust gases to 20
 looper) and coater at existing,      percent opacity; and
 new, and reconstructed asphalt      b. Limit visible emissions from the
 roofing manufacturing lines. \a\     emission capture system to 20
                                      percent of any period of
                                      consecutive valid observations
                                      totaling 60 minutes.
4. Each Group 2 asphalt storage      Limit exhaust gases to 0 percent
 tank at existing, new, and           opacity. \b\
 reconstructed asphalt processing
 facility and asphalt roofing
 manufacturing lines. \a\
------------------------------------------------------------------------
\a\ As an alternative to meeting the particulate matter and opacity
  limits, these emission sources may comply with the THC percent
  reduction or combustion efficiency standards.
\b\ The opacity limit can be exceeded for on consecutive 15-minute
  period in any 24-hour period when the storage tank transfer lines are
  being cleared. During this 15-minute period, the control device must
  not be bypassed. If the emissions from the asphalt storage tank are
  ducted to the saturator control device, the combined emissions from
  the saturator and storage tank must meet the 20 percent opacity limit
  (specified in 4.a of table 1) during this 15-minute period. At any
  other time, the opacity limit applies to Group 2 asphalt storage
  tanks.



       Sec. Table 2 to Subpart LLLLL of Part 63--Operating Limits

------------------------------------------------------------------------
               For--                             You must \a\
------------------------------------------------------------------------
1. Non-flare combustion devices      Maintain the 3-hour average \b\
 with a design heat input capacity    combustion zone temperature at or
 less than 44 MW or where the         above the operating limit
 emissions are not introduced into    established during the performance
 the flame zone.                      test.
2. Flares..........................  Meet the operating requirements
                                      specified in Sec.  63.11(b).
3. Control devices used to comply    a. Maintain the 3-hour average \b\
 with the particulate matter          inlet gas temperature at or below
 standards.                           the operating limit established
                                      during the performance test; and
                                     b. Maintain the 3-hour average \b\
                                      pressure drop across the device
                                      \c\ at or below the operating
                                      limit established during the
                                      performance test.
4. Control devices other than        Maintain the approved monitoring
 combustion devices or devices used   parameters within the operating
 to comply with the particulate       limits established during the
 matter emission standards.           performance test.
------------------------------------------------------------------------
\a\ The operating limits specified in Table 2 are applicable if you are
  monitoring control device operating parameters to demonstrate
  continuous compliance. If you are using a CEMS or COMS, you must
  maintain emissions below the value established during the initial
  performance test.
\b\ A 15-minute averaging period can be used as an alternative to the 3-
  hour averaging period for this parameter.
\c\ As an alternative to monitoring the pressure drop across the control
  device, owners or operators using an ESP to achieve compliance with
  the emission limits specified in Table 1 of this subpart can monitor
  the voltage to the ESP. If this option is selected, the ESP voltage
  must be maintained at or above the operating limit established during
  the performance test.


[[Page 376]]



 Sec. Table 3 to Subpart LLLLL of Part 63--Requirements for Performance 
                               Tests \a,b\

----------------------------------------------------------------------------------------------------------------
                                                                                      According to the following
               For--                       You must--                Using--                requirements--
----------------------------------------------------------------------------------------------------------------
1. All particulate matter, total     a. Select sampling      i. EPA test method 1    A. For demonstrating
 hydrocarbon, carbon monoxide, and    port's location and     or 1A in appendix A     compliance with the total
 carbon dioxide emission tests.       the number of           to part 60 of this      hydrocarbon percent
                                      traverse points.        chapter.                reduction standard, the
                                                                                      sampling sites must be
                                                                                      located at the inlet and
                                                                                      outlet of the control
                                                                                      device and prior to any
                                                                                      releases to the
                                                                                      atmosphere.
                                                                                     B. For demonstrating
                                                                                      compliance with the
                                                                                      particulate matter mass
                                                                                      emission rate, THC
                                                                                      destruction efficiency,
                                                                                      THC outlet concentration,
                                                                                      or combustion efficiency
                                                                                      standards, the sampling
                                                                                      sites must be located at
                                                                                      the outlet of the control
                                                                                      device and prior to any
                                                                                      releases to the
                                                                                      atmosphere.
2. All particulate matter and total  Determine velocity and  EPA test method 2, 2A,
 hydrocarbon tests.                   volumetric flow rate.   2C, 2D, 2F, or 2G, as
                                                              appropriate, in
                                                              appendix A to part 60
                                                              of this chapter.
3. All particulate matter and total  Determine the gas       EPA test method 3, 3A,
 hydrocarbon tests.                   molecular weight used   3B, as appropriate,
                                      for flow rate           in appendix A to part
                                      determination.          60 of this chapter.
4. All particulate matter, total     Measure moisture        EPA test method 4 in
 hydrocarbon, carbon monoxide, and    content of the stack    appendix A to part 60
 carbon dioxide emission tests.       gas.                    of this chapter.
5. All particulate matter emission   Measure the asphalt
 tests.                               processing rate or
                                      the asphalt roofing
                                      manufacturing rate
                                      and the asphalt
                                      content of the
                                      product manufactured,
                                      as appropriate.
6. Each control device used to       Measure the             EPA test method 5A in   For demonstrating
 comply with the particulate matter   concentration of        appendix A to part 60   compliance with the
 emission standards.                  particulate matter.     of this chapter.        particulate matter
                                                                                      standard, the performance
                                                                                      tests must be conducted
                                                                                      under normal operating
                                                                                      conditions and while
                                                                                      manufacturing the roofing
                                                                                      product that is expected
                                                                                      to result in the greatest
                                                                                      amount of hazardous air
                                                                                      pollutant emissions.
7. All opacity tests...............  Conduct opacity         EPA test method 9 in    Conduct opacity
                                      observations.           appendix A to part 60   observations for at least
                                                              of this chapter.        3 hours and obtain 30, 6-
                                                                                      minute averages.
8. All visible emission tests......  Conduct visible         EPA test method 22 in   Modify EPA test method 22
                                      emission observations.  appendix A to part 60   such that readings are
                                                              of this chapter.        recorded every 15 seconds
                                                                                      for a period of
                                                                                      consecutive observations
                                                                                      totaling 60 minutes.
9. Each combustion device used to    a. Measure the          EPA test method 3A in   ...........................
 comply with the combustion           concentration of        appendix A to part 60
 efficiency or THC standards.         carbon dioxide.         of this chapter.
                                     b. Measure the          EPA test method 10 in
                                      concentration of        appendix A to part 60
                                      carbon monoxide.        of this chapter.
                                     c. Measure the          EPA test method 25A in  ...........................
                                      concentration of        appendix A to part 60
                                      total hydrocarbons.     of this chapter.
10. Each control device used to      Measure the             EPA test method 25A in  ...........................
 comply with the THC reduction        concentration of        appendix A to part 60
 efficiency or outlet concentration   total hydrocarbons.     of this chapter.
 standards.

[[Page 377]]

 
11. Each combustion device.........  Establish a site-       Data from the CPMS and  You must collect combustion
                                      specific combustion     the applicable          zone temperature data
                                      zone temperature        performance test        every 15 minutes during
                                      limit.                  method(s).              the entire period of the
                                                                                      initial 3-hour performance
                                                                                      test, and determine the
                                                                                      average combustion zone
                                                                                      temperature over the 3-
                                                                                      hour performance test by
                                                                                      computing the average of
                                                                                      all of the 15-minute
                                                                                      readings.
12. Each control device used to      Establish a site-       Data from the CPMS and  You must collect the inlet
 comply with the particulate matter   specific inlet gas      the applicable          gas temperature and
 emission standards.                  temperature limit;      performance test        pressure drop \b\ data
                                      and establish a site-   method(s).              every 15 minutes during
                                      specific limit for                              the entire period of the
                                      the pressure drop                               initial 3-hour performance
                                      across the device.                              test, and determine the
                                                                                      average inlet gas
                                                                                      temperature and pressure
                                                                                      drop \c\ over the 3-hour
                                                                                      performance test by
                                                                                      computing the average of
                                                                                      all of the 15-minute
                                                                                      readings.
13. Each control device other than   Establish site-         Process data and data   You must collect monitoring
 a combustion device or device used   specific monitoring     from the CPMS and the   parameter data every 15
 to comply with the particulate       parameters.             applicable              minutes during the entire
 matter emission standards.                                   performance test        period of the initial 3-
                                                              method(s).              hour performance test, and
                                                                                      determine the average
                                                                                      monitoring parameter
                                                                                      values over the 3-hour
                                                                                      performance test by
                                                                                      computing the average of
                                                                                      all of the 15-minute
                                                                                      readings.
14. Each flare used to comply with   Assure that the flare   The requirements of
 the THC percent reduction or PM      is operated and         Sec.  63.11(b).
 emission limits.                     maintained in
                                      conformance with its
                                      design.
----------------------------------------------------------------------------------------------------------------
\a\ As specified in Sec.  63.8687(e), you may request that data from a previously-conducted emission test serve
  as documentation of conformance with the emission standards and operating limits of this subpart.
\b\ Performance tests are not required if: (1) The emissions are routed to a boiler or process heater with a
  design heat input capacity of 44 MW or greater; or (2) the emissions are introduced into the flame zone of a
  boiler or process heater.
\c\ As an alternative to monitoring the pressure drop across the control device, owners or operators using an
  ESP to achieve compliance with the emission limits specified in Table 1 of this subpart can monitor the
  voltage to the ESP.



   Sec. Table 4 to Subpart LLLLL of Part 63--Initial Compliance With 
                          Emission Limitations

------------------------------------------------------------------------
                                For the following
                                     emission      You have demonstrated
             For--                 limitation--      initial compliance
                                                            if--
------------------------------------------------------------------------
1. Each blowing still, Group 1  a. Reduce total    i. The total
 asphalt loading rack, and       hydrocarbon mass   hydrocarbon
 Group 1 asphalt storage tank,   emissions by 95    emissions,
 at existing, new, and           percent or to a    determined using the
 reconstructed asphalt           concentration of   equations in Sec.
 processing facilities.          20 ppmv, on a      63.8687 and the test
                                 dry basis          methods and
                                 corrected to 3     procedures in Table
                                 percent oxygen.    3 to this subpart,
                                                    over the period of
                                                    the performance test
                                                    are reduced by at
                                                    least 95 percent by
                                                    weight or to a
                                                    concentration of 20
                                                    ppmv, on a dry basis
                                                    corrected to 3
                                                    percent oxygen; and
                                                   ii. You have a record
                                                    of the average
                                                    control device
                                                    operating parameters
                                                    \a\ over the
                                                    performance test
                                                    during which
                                                    emissions were
                                                    reduced according to
                                                    1.a.i. of this
                                                    table.
                                b. Route the       i. The combustion
                                 emissions to a     efficiency of the
                                 combustion         combustion device,
                                 device achieving   determined using the
                                 a combustion       equations in Sec.
                                 efficiency of      63.8687 and the test
                                 99.5 percent.      methods and
                                                    procedures in Table
                                                    3 to this subpart,
                                                    over the period of
                                                    the performance test
                                                    is at least 99.5
                                                    percent; and
                                                   ii. You have a record
                                                    of the average
                                                    combustion zone
                                                    temperature \a\ and
                                                    carbon monoxide,
                                                    carbon dioxide, and
                                                    total hydrocarbon
                                                    outlet
                                                    concentrations over
                                                    the performance test
                                                    during which the
                                                    combustion
                                                    efficiency was at
                                                    least 99.5 percent.
                                c. Route the       i. The THC
                                 emissions to a     destruction
                                 combustion         efficiency of the
                                 device that does   combustion device,
                                 not use            determined using the
                                 auxiliary fuel     equations in Sec.
                                 achieving a THC    63.8687 and the test
                                 destruction        methods and
                                 efficiency of      procedures in Table
                                 95.8 percent.      3 to this subpart,
                                                    over the period of
                                                    the performance test
                                                    is at least 95.8
                                                    percent; and
                                                   ii. You have a record
                                                    of the average
                                                    combustion zone
                                                    temperature \a\ and
                                                    carbon monoxide,
                                                    carbon dioxide, and
                                                    total hydrocarbon
                                                    outlet
                                                    concentrations over
                                                    the performance test
                                                    during which the THC
                                                    destruction
                                                    efficiency was at
                                                    least 95.8 percent.
                                d. Route           You have a record of
                                 emissions to a     the boiler or
                                 boiler or          process heater
                                 process heater     design heat
                                 with a design      capacity.
                                 heat input
                                 capacity of 44
                                 MW or greater.

[[Page 378]]

 
                                e. Introduce the   You have a record
                                 emissions into     that shows the
                                 the flame zone     emissions are being
                                 of a boiler or     introduced into the
                                 process heater.    boiler or process
                                                    heater flame zone.
                                f. Route           You have a record of
                                 emissions to a     the flare design and
                                 flare meeting      operating
                                 the requirements   requirements.
                                 of Sec.
                                 63.11(b).
2. Each coating mixer,          a. Reduce total    See 1.a.i. and ii. of
 saturator (including wet        hydrocarbon mass   this table.
 looper), coater, sealant        emissions by 95
 applicator, adhesive            percent or to a
 applicator, and Group 1         concentration of
 asphalt storage tank at new     20 ppmv, on a
 and reconstructed asphalt       dry basis
 roofing manufacturing lines.    corrected to 3
                                 percent oxygen.
                                b. Route the       See 1.b.i. and ii. of
                                 emissions to a     this table.
                                 combustion
                                 device achieving
                                 a combustion
                                 efficiency of
                                 99.5 percent.
                                c. Route the       See 1.c.i. and ii. of
                                 emissions to a     this table.
                                 combustion
                                 device that does
                                 not use
                                 auxiliary fuel
                                 achieving a THC
                                 destruction
                                 efficiency of
                                 95.8 percent.
                                d. Route           See 1.d. of this
                                 emissions to a     table.
                                 boiler or
                                 process heater
                                 with a design
                                 heat input
                                 capacity of 44
                                 MW or greater.
                                e. Introduce the   See 1.e. of this
                                 emissions into     table.
                                 the flame zone
                                 of a boiler or
                                 process heater.
                                f. Route           See 1.f. of this
                                 emissions to a     table.
                                 flare meeting
                                 the requirements
                                 of Sec.
                                 63.11(b).
3. The total emissions from     a. Limit PM        i. The PM emissions,
 the coating mixer, saturator    emissions to       determined using the
 (including wet looper),         0.04 kg/Mg (0.08   equations in Sec.
 coater, sealant applicator,     lb/ton) of         63.8687 and the test
 and adhesive applicator at      asphalt shingle    methods and
 each existing asphalt roofing   or mineral-        procedures in Table
 manufacturing line.             surfaced roll      3 to this subpart,
                                 roofing produced.  over the period of
                                                    the performance test
                                                    are no greater than
                                                    the applicable
                                                    emission limitation;
                                                    and
                                                   ii. You have a record
                                                    of the average
                                                    control device \a\
                                                    or process
                                                    parameters over the
                                                    performance test
                                                    during which the
                                                    particulate matter
                                                    emissions were no
                                                    greater than the
                                                    applicable emission
                                                    limitation.
                                b. Limit PM        See 3.a.i. and ii. of
                                 emissions to 0.4   this table.
                                 kg/Mg (0.8 lb/
                                 ton) of
                                 saturated felt
                                 or smooth-
                                 surfaced roll
                                 roofing produced.
4. Each saturator (including    a. Limit visible   The visible
 wet looper) and coater at an    emissions from     emissions, measured
 existing, new, or               the emissions      using EPA test
 reconstructed asphalt roofing   capture system     method 22, for any
 manufacturing line.             to 20 percent of   period of
                                 any period of      consecutive valid
                                 consecutive        observations
                                 valid              totaling 60 minutes
                                 observations       during the initial
                                 totaling 60        compliance period
                                 minutes.           described in Sec.
                                                    63.8686(b) do not
                                                    exceed 20 percent.
                                b. Limit opacity   The opacity, measured
                                 emissions to 20    using EPA test
                                 percent.           method 9, for each
                                                    of the first 30 6-
                                                    minute averages
                                                    during the initial
                                                    compliance period
                                                    described in Sec.
                                                    63.8686(b) does not
                                                    exceed 20 percent.
5. Each Group 2 asphalt         Limit exhaust      The opacity, measured
 storage tank at existing,       gases to 0         using EPA test
 new, and reconstructed          percent opacity.   method 9, for each
 asphalt processing facilities                      of the first 30 6-
 and asphalt roofing                                minute averages
 manufacturing lines.                               during the initial
                                                    compliance period
                                                    described in Sec.
                                                    63.8686(b) does not
                                                    exceed 0 percent.
------------------------------------------------------------------------
\a\ If you use a CEMS or COMS to demonstrate compliance with the
  emission limits, you are not required to record control device
  operating parameters.


[[Page 379]]



  Sec. Table 5 to Subpart LLLLL of Part 63--Continuous Compliance With 
                          Operating Limits \a\

------------------------------------------------------------------------
                                For the following   You must demonstrate
             For--              operating limit--  continuous compliance
                                                            by--
------------------------------------------------------------------------
1. Each non-flare combustion    a. Maintain the 3- i. Passing the
 device. \b\                     hour \c\ average   emissions through
                                 combustion zone    the control device;
                                 temperature at     and
                                 or above the      ii. Collecting the
                                 operating limit    combustion zone
                                 establishing       temperature data
                                 during the         according to Sec.
                                 performance test.  63.8688(b); and
                                                   iii. Reducing
                                                    combustion zone
                                                    temperature data to
                                                    3-hour \c\ averages
                                                    according to
                                                    calculations in
                                                    Table 3 to this
                                                    subpart; and
                                                   iv. Maintaining the 3-
                                                    hour \c\ average
                                                    combustion zone
                                                    temperature within
                                                    the level
                                                    established during
                                                    the performance
                                                    test.
2. Each flare.................  Meet the           The flare pilot light
                                 operating          must be present at
                                 requirements       all times and the
                                 specified in       flare must be
                                 Sec.  63.11(b).   operating at all
                                                    times that emissions
                                                    may be vented to it.
3. Control devices used to      a. Maintain the 3- i. Passing the
 comply with the particulate     hour \c\ average   emissions through
 matter emission standards.      inlet gas          the control device;
                                 temperature and    and
                                 pressure drop     ii. Collecting the
                                 across device      inlet gas
                                 \d\ at or below    temperature and
                                 the operating      pressure drop \d\
                                 limits             data according to
                                 established        Sec.  63.8688 (b)
                                 during the         and (c); and
                                 performance test. iii. Reducing inlet
                                                    gas temperature and
                                                    pressure drop \d\
                                                    data to 3-hour \c\
                                                    averages according
                                                    to calculations in
                                                    Table 3 to this
                                                    subpart; and
                                                   iv. Maintaining the 3-
                                                    hour \c\ average
                                                    inlet gas
                                                    temperature and
                                                    pressure drop \d\
                                                    within the level
                                                    established during
                                                    the performance
                                                    test.
4. Control devices other than   a. Maintain the    i. Passing the
 combustion devices or devices   monitoring         emissions through
 used to comply with the         parameters         the devices;
 particulate matter emission.    within the        ii. Collecting the
                                 operating limits   monitoring parameter
                                 established        data according to
                                 during the         Sec.  63.8688(d);
                                 performance test.  and
                                                   iii. Reducing the
                                                    monitoring parameter
                                                    data to 3-hour \c\
                                                    averages according
                                                    to calculations in
                                                    Table 3 to this
                                                    subpart; and
                                                   iv. Maintaining the
                                                    monitoring
                                                    parameters within
                                                    the level
                                                    established during
                                                    the performance
                                                    test.
------------------------------------------------------------------------
\a\ The operating limits specified in Table 2 and the requirements
  specified in Table 5 are applicable if you are monitoring control
  device operating parameters to demonstrate continuous compliance. If
  you use a CEMS or COMS to demonstrate compliance with the emission
  limits, you are not required to record control device operating
  parameters. However, you must maintain emissions below the value
  established during the initial performance test. Data from the CEMS
  and COMS must be reduced as specified in Sec.  63.8(g).
\b\ Continuous parameter monitoring is not required if (1) the emissions
  are routed to a boiler or process heater with a with a design heat
  input capacity of 44 MW or greater; or (2) the emissions are
  introduced into the flame zone of a boiler or process heater.
\c\ A 15-minute averaging period can be used as an alternative to the 3-
  hour averaging period for this parameter.
\d\ As an alternative to monitoring the pressure drop across the control
  device, owners or operators using an ESP to achieve compliance with
  the emission limits specified in Table 1 of this subpart can monitor
  the voltage to the ESP. If this option is selected, the ESP voltage
  must be maintained at or above the operating limit established during
  the performance test.


[68 FR 24577, May 7, 2003, as amended at 70 FR 28365, May 17, 2005]



   Sec. Table 6 to Subpart LLLLL of Part 63--Requirements for Reports

------------------------------------------------------------------------
                                    The report must      You must submit
       You must submit--               contain--          the report--
------------------------------------------------------------------------
1. An initial notification....  The information in      According to the
                                 Sec.  63.9(b).         requirements in
                                                         Sec.  63.9(b).
2. A notification of            A written notification  At least 60
 performance test.               of the intent to        calendar days
                                 conduct a performance   before the
                                 test.                   performance
                                                         test is
                                                         scheduled to
                                                         begin, as
                                                         required in
                                                         Sec.  63.9(e).
3. A notification of opacity    A written notification  According to the
 and visible emission            of the intent to        requirements in
 observations.                   conduct opacity and     Sec.  63.9(f).
                                 visible emission
                                 observations.
4. Notification of compliance   The information in      According to the
 status.                         Sec.  63.9(h)(2)       requirements in
                                 through (5), as         Sec.
                                 applicable.             63.9(h)(2)
                                                         through (5), as
                                                         applicable.
5. A compliance report........  a. A statement that     Semiannually
                                 there were no           according to
                                 deviations from the     the
                                 emission limitations    requirements in
                                 during the reporting    Sec.
                                 period, if there are    63.8693(b).
                                 no deviations from
                                 any emmission
                                 limitations (emission
                                 limit, operating
                                 limit, opacity limit,
                                 and visible emission
                                 limit) that apply to
                                 you.
                                b. If there were no     Semiannually
                                 periods during which    according to
                                 the CPMS, CEMS, or      the
                                 COMS was out-of-        requirements in
                                 control as specified    Sec.
                                 in Sec.  63.8(c)(7),   63.8693(b).
                                 a statement that
                                 there were no periods
                                 during which the
                                 CPMS, CEMS, or COMS
                                 was out-of-control
                                 during the reporting
                                 period.

[[Page 380]]

 
                                c. If you have a        Semiannually
                                 deviation from any      according to
                                 emission limitation     the
                                 (emission limit,        requirements in
                                 operating limit,        Sec.
                                 opacity limit, and      63.8693(b).
                                 visible emission
                                 limit), the report
                                 must contain the
                                 information in Sec.
                                 63.8693(c). If there
                                 were periods during
                                 which the CPMS, CEMS,
                                 or COMS was out-of-
                                 control, as specified
                                 in Sec.  63.8(c)(7),
                                 the report must
                                 contain the
                                 information in Sec.
                                 63.8693(d).
                                d. If you had a         Semiannually
                                 startup, shutdown or    according to
                                 malfunction during      the
                                 the reporting period    requirements in
                                 and you took actions    Sec.
                                 consistent with your    63.8693(b).
                                 startup, shutdown,
                                 and malfunction plan,
                                 the compliance report
                                 must include the
                                 information in Sec.
                                 63.10(d)(5)(i).
6. An immediate startup,        The information in      By fax or
 shutdown, and malfunction       Sec.                   telephone
 report if you have a startup,   63.10(d)(5)(ii).        within 2
 shutdown, or malfunction                                working days
 during the reporting period                             after starting
 and actions taken were not                              actions
 consistent with your startup,                           inconsistent
 shutdown, and malfunction                               with the plan
 plan.                                                   followed by a
                                                         letter within 7
                                                         working days
                                                         after the end
                                                         of the event
                                                         unless you have
                                                         made
                                                         alternative
                                                         arrangements
                                                         with the
                                                         permitting
                                                         authority.
------------------------------------------------------------------------



   Sec. Table 7 to Subpart LLLLL of Part 63--Applicability of General 
                       Provisions to Subpart LLLLL

----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
           Citation                      Subject                 Brief description                LLLLL
----------------------------------------------------------------------------------------------------------------
Sec.  63.1..................  Applicability..............  Initial Applicability        Yes.
                                                             Determination;
                                                             Applicability After
                                                             Standard Established;
                                                             Permit Requirements;
                                                             Extensions, Notifications.
Sec.  63.2..................  Definitions................  Definitions for part 63      Yes.
                                                             standards.
Sec.  63.3..................  Units and Abbreviations....  Units and abbreviations for  Yes.
                                                             part 63 standards.
Sec.  63.4..................  Prohibited Activities......  Prohibited Activities;       Yes.
                                                             Compliance date;
                                                             Circumvention,
                                                             Severability.
Sec.  63.5..................  Construction/Reconstruction  Applicability;               Yes.
                                                             applications; approvals.
Sec.  63.6(a)...............  Applicability..............  GP apply unless compliance   Yes.
                                                             extension GP apply to area
                                                             sources that become major.
Sec.  63.6(b)(1)-(4)........  Compliance Dates for New     Standards apply at           Yes.
                                and Reconstructed sources.   effective date; 3 years
                                                             after effective date; upon
                                                             startup; 10 years after
                                                             construction or
                                                             reconstruction commences
                                                             for section 112(f).
Sec.  63.6(b)(5)............  Notification...............  Must notify if commenced     Yes.
                                                             construction or
                                                             reconstruction after
                                                             proposal.
Sec.  63.6(b)(6)............  [Reserved].................
Sec.  63.6(b)(7)............  Compliance Dates for New     Area sources that become     Yes.
                                and Reconstructed Area       major must comply with
                                Sources That Become Major.   major source standards
                                                             immediately upon becoming
                                                             major, regardless of
                                                             whether required to comply
                                                             when they were an area
                                                             source.
Sec.  63.6(c)(1)-(2)........  Compliance Dates for         1. Comply according to date  Yes.
                                Existing Sources.            in subpart, which must be
                                                             no later than 3 years
                                                             after effective date.
                                                            2. For section 112(f)
                                                             standards, comply within
                                                             90 days of effective date
                                                             unless compliance
                                                             extension has been granted.
Sec.  63.6(c)(3)-(4)........  [Reserved].................
Sec.  63.6(c)(5)............  Compliance Dates for         Area sources that become     Yes.
                                Existing Area Sources That   major must comply with
                                Become Major.                major source standards by
                                                             date indicated in subpart
                                                             or by equivalent time
                                                             period (for example, 3
                                                             years).
Sec.  63.6(d)...............  [Reserved].................

[[Page 381]]

 
Sec.  63.6(e)(1)............  Operation & Maintenance....  1. Operate to minimize       Yes.
                                                             emissions at all times.
                                                            2. Correct malfunctions as
                                                             soon as practicable.
                                                            3. Operation and
                                                             maintenance requirements
                                                             independently enforceable;
                                                             information Administrator
                                                             will use to determine if
                                                             operation and maintenance
                                                             requirements were met.
Sec.  63.6(e)(2)............  [Reserved].................
Sec.  63.6(e)(3)............  Startup, Shutdown, and       1. Requirement for SSM and   Yes.
                                Malfunction (SSM) Plan       startup, shutdown,
                                (SSMP).                      malfunction plan.
                                                            2. Content of SSMP.........
Sec.  63.6(f)(1)............  Compliance Except During     You must comply with         Yes.
                                SSM.                         emission standards at all
                                                             times except during SSM.
Sec.  63.6(f)(2)-(3)........  Methods for Determining      Compliance based on          Yes.
                                Compliance.                  performance test,
                                                             operation and maintenance
                                                             plans, records, inspection.
Sec.  63.6(g)(1)-(3)........  Alternative Nonopacity       Procedures for getting an    Yes.
                                Standard.                    alternative nonopacity
                                                             standard.
Sec.  63.6(h)...............  Opacity/Visible Emission     Requirements for opacity     Yes.
                                (VE) Standards.              and VE limits.
Sec.  63.6(h)(1)............  Compliance with Opacity/VE   You must comply with         Yes.
                                Standards.                   opacity/VE emission
                                                             limitations at all times
                                                             except during SSM.
Sec.  63.6(h)(2)(i).........  Determining Compliance with  If standard does not state   No. The test methods
                                Opacity/VE Standards.        test method, use EPA test    for opacity and
                                                             method 9, 40 CFR 60,         visible emissions are
                                                             appendix A for opacity and   specified in Sec.
                                                             EPA test method 22, 40 CFR   63.8687.
                                                             60, appendix A for VE.
Sec.  63.6(h)(2)(ii)........  [Reserved].................
Sec.  63.6(h)(2)(iii).......  Using Previous Tests to      Criteria for when previous   Yes.
                                Demonstrate Compliance       opacity/VE testing can be
                                with Opacity/VE Standards.   used to show compliance
                                                             with this rule.
Sec.  63.6(h)(3)............  [Reserved].................
Sec.  63.6(h)(4)............  Notification of Opacity/VE   Must notify Administrator    Yes.
                                Observation Date.            of anticipated date of
                                                             observation.
Sec.  63.6(h)(5)(i), (iii)-   Conducting Opacity/VE        Dates and Schedule for       Yes.
 (v).                           Observations.                conducting opacity/VE
                                                             observations.
Sec.  63.6(h)(5)(ii)........  Opacity Test Duration and    Must have at least 3 hours   Yes.
                                Averaging Times.             of observation with thirty
                                                             6-minute averages.
Sec.  63.6(h)(6)............  Records of Conditions        Must keep records available  Yes.
                                During Opacity/VE            and allow Administrator to
                                Observations.                inspect.
Sec.  63.6(h)(7)(i).........  Report COMS Monitoring Data  Must submit COMS data with   Yes, if COMS used.
                                from Performance Test.       other performance test
                                                             data.
Sec.  63.6(h)(7)(ii)........  Using COMS instead of EPA    Can submit COMS data         Yes, if COMS used.
                                test method 9, 40 CFR 60,    instead of EPA test method
                                appendix A.                  9, 40 CFR 60, appendix A
                                                             results even if rule
                                                             requires EPA test method
                                                             9, 40 CFR 60, appendix A,
                                                             but must notify
                                                             Administrator before
                                                             performance test.
Sec.  63.6(h)(7)(iii).......  Averaging time for COMS      To determine compliance,     Yes, if COMS used.
                                during performance test.     must reduce COMS data to 6-
                                                             minute averages.
Sec.  63.6(h)(7)(iv)........  COMS requirements..........  Owner/operator must          Yes, if COMS used.
                                                             demonstrate that COMS
                                                             performance evaluations
                                                             are conducted according to
                                                             Sec.  63.8(e), COMS are
                                                             properly maintained and
                                                             operated according to Sec.
                                                               63.8(c) and data quality
                                                             as Sec.  63.8(d).
Sec.  63.6(h)(7)(v).........  Determining Compliance with  COMS is probative but not    Yes, if COMS used.
                                Opacity/VE Standards.        conclusive evidence of
                                                             compliance with opacity
                                                             standard, even if EPA test
                                                             method 9, 40 CFR 60,
                                                             appendix A observation
                                                             shows otherwise.
                                                             Requirements for COMS to
                                                             be probative evidence,
                                                             proper maintenance,
                                                             meeting PS 1, and data
                                                             have not been altered.

[[Page 382]]

 
Sec.  63.6(h)(8)............  Determining Compliance with  Administrator will use all   Yes.
                                Opacity/VE Standards.        COMS, EPA test method 9,
                                                             40 CFR 60, appendix A, and
                                                             EPA test method 22, 40 CFR
                                                             60, appendix A results, as
                                                             well as information about
                                                             operation and maintenance
                                                             to determine compliance.
Sec.  63.6(h)(9)............  Adjusted Opacity Standard..  Procedures for               Yes.
                                                             Administrator to adjust an
                                                             opacity standard.
Sec.  63.6(i)...............  Compliance Extension.......  Procedures and criteria for  Yes.
                                                             Administrator to grant
                                                             compliance extension.
Sec.  63.6(j)...............  Presidential Compliance      President may exempt source  Yes.
                                Exemption.                   category from requirement
                                                             to comply with rule.
Sec.  63.7(a)(1)-(2)........  Performance Test Dates.....  Dates for conducting         Yes.
                                                             initial performance
                                                             testing and other
                                                             compliance demonstrations.
                                                             Must conduct 180 days
                                                             after first subject to
                                                             rule.
Sec.  63.7(a)(3)............  Section 114 Authority......  Administrator may require a  Yes.
                                                             performance test under CAA
                                                             section 114 at any time.
Sec.  63.7(b)(1)............  Notification of Performance  Must notify Administrator    Yes.
                                Test.                        60 days before the test.
Sec.  63.7(b)(2)............  Notification of              If rescheduling a            Yes.
                                Rescheduling.                performance test is
                                                             necessary, must notify
                                                             Administrator 5 days
                                                             before scheduled date of
                                                             rescheduled date.
Sec.  63.7(c)...............  Quality Assurance/Test Plan  1. Requirement to submit     Yes.
                                                             site-specific test plan 60
                                                             days before the test or on
                                                             date Administrator agrees
                                                             with:
                                                            2. Test plan approval
                                                             procedures.
                                                            3. Performance audit
                                                             requirements.
                                                            4. Internal and external QA
                                                             procedures for testing.
Sec.  63.7(d)...............  Testing Facilities.........  Requirements for testing     Yes.
                                                             facilities
Sec.  63.7(e)(1)............  Conditions for Conducting    1. Performance tests must    Yes.
                                Performance Tests.           be conducted under
                                                             representative conditions.
                                                             Cannot conduct performance
                                                             tests during SSM.
                                                            2. Not a violation to
                                                             exceed standard during SSM.
Sec.  63.7(e)(2)............  Conditions for Conducting    Must conduct according to    Yes.
                                Performance Tests.           rule and EPA test methods
                                                             unless Administrator
                                                             approves alternative.
Sec.  63.7(e)(3)............  Test Run Duration..........  1. Must have three test      Yes.
                                                             runs of at least 1 hour
                                                             each.
                                                            2. Compliance is based on
                                                             arithmetic mean of three
                                                             runs.
                                                            3. Conditions when data
                                                             from an additional test
                                                             run can be used.
Sec.  63.7(f)...............  Alternative Test Method....  Procedures by which          Yes.
                                                             Administrator can grant
                                                             approval to use an
                                                             alternative test method.
Sec.  63.7(g)...............  Performance Test Data        1. Must include raw data in  Yes.
                                Analysis.                    performance test report.
                                                            2. Must submit performance
                                                             test data 60 days after
                                                             end of test with the
                                                             Notification of Compliance
                                                             Status.
                                                            3. Keep data for 5 years...
Sec.  63.7(h)...............  Waiver of Tests............  Procedures for               Yes.
                                                             Administrator to waive
                                                             performance test.
Sec.  63.8(a)(1)............  Applicability of Monitoring  Subject to all monitoring    Yes.
                                Requirements.                requirements in standard.
Sec.  63.8(a)(2)............  Performance Specifications.  Performance Specifications   Yes, if CEMS used.
                                                             in appendix B of part 60
                                                             apply.
Sec.  63.8(a)(3)............  [Reserved]
Sec.  63.8(a)(4)............  Monitoring with Flares.....  Unless your rule says        Yes.
                                                             otherwise, the
                                                             requirements for flares in
                                                             Sec.  63.11 apply.
Sec.  63.8(b)(1)............  Monitoring.................  Must conduct monitoring      Yes.
                                                             according to standard
                                                             unless Administrator
                                                             approves alternative.

[[Page 383]]

 
Sec.  63.8(b) (2)-(3).......  Multiple Effluents and       1. Specific requirements     Yes.
                                Multiple Monitoring          for installing monitoring
                                Systems.                     systems.
                                                            2. Must install on each
                                                             effluent before it is
                                                             combined and before it is
                                                             released to the atmosphere
                                                             unless Administrator
                                                             approves otherwise.
                                                            3. If more than one
                                                             monitoring system on an
                                                             emission point, must
                                                             report all monitoring
                                                             system results, unless one
                                                             monitoring system is a
                                                             backup.
Sec.  63.8(c)(1)............  Monitoring System Operation  Maintain monitoring system   Yes.
                                and Maintenance.             in a manner consistent
                                                             with good air pollution
                                                             control practices.
Sec.  63.8(c)(1)(i).........  Routine and predictable CMS  1. Keep parts for routine    Yes.
                                malfunction.                 repairs readily available.
                                                            2. Reporting requirements
                                                             for CMS malfunction when
                                                             action is described in SSM
                                                             plan.
Sec.  63.8(c)(1)(ii)........  CMS malfunction not in SSP   Reporting requirements for   Yes.
                                plan.                        CMS malfunction when
                                                             action is not described in
                                                             SSM plan.
Sec.  63.8(c)(1)(iii).......  Compliance with Operation    1. How Administrator         Yes.
                                and Maintenance              determines if source
                                Requirements.                complying with operation
                                                             and maintenance
                                                             requirements.
                                                            2. Review of source O&M
                                                             procedures, records,
                                                             manufacturer's
                                                             instructions,
                                                             recommendations, and
                                                             inspection of monitoring
                                                             system.
Sec.  63.8(c)(2)-(3)........  Monitoring System            1. Must install to get       Yes.
                                Installation.                representative emission
                                                             and parameter measurements.
                                                            2. Must verify operational
                                                             status before or at
                                                             performance test.
Sec.  63.8(c)(4)............  CMS Requirements...........  CMS must be operating        No; Sec.  63.8690
                                                             except during breakdown,     specifies the CMS
                                                             out-of-control, repair,      requirements.
                                                             maintenance, and high-
                                                             level calibration drifts.
Sec.  63.8(c)(4)(i)-(ii)....  CMS Requirements...........  1. COMS must have a minimum  Yes, if COMS used.
                                                             of one cycle of sampling
                                                             and analysis for each
                                                             successive 10-second
                                                             period and one cycle of
                                                             data recording for each
                                                             successive 6-minute period.
                                                            2. CEMS must have a minimum
                                                             of one cycle of operation
                                                             for each successive 15-
                                                             minute period.
Sec.  63.8(c)(5)............  COMS Minimum Procedures....  COMS minimum procedures      Yes.
Sec.  63.8(c)(6)............  CMS Requirements...........  Zero and High level          No; Sec.  63.8688
                                                             calibration check            specifies the CMS
                                                             requirements.                requirements.
Sec.  63.8(c)(7)-(8)........  CMS Requirements...........  Out-of-control periods,      Yes.
                                                             including reporting.
Sec.  63.8(d)...............  CMS Quality Control........  1. Requirements for CMS      No; Sec.  63.8688
                                                             quality control, including   specifies the CMS
                                                             calibration, etc.            requirements.
                                                            2. Must keep quality
                                                             control plan on record for
                                                             the life of the affected
                                                             source.
                                                            3. Keep old versions for 5
                                                             years after revisions.
Sec.  63.8(e)...............  CMS Performance Evaluation.  Notification, performance    No; Sec.  63.8688
                                                             evaluation test plan,        specifies the CMS
                                                             reports.                     requirements.
Sec.  63.8(f)(1)-(5)........  Alternative Monitoring       Procedures for               Yes.
                                Method.                      Administrator to approve
                                                             alternative monitoring.
Sec.  63.8(f)(6)............  Alternative to Relative      Procedures for               Yes, if CEMS used.
                                Accuracy Test.               Administrator to approve
                                                             alternative relative
                                                             accuracy tests for CEMS.
Sec.  63.8(g)(1)-(4)........  Data Reduction.............  1. COMS 6-minute averages    Yes, if CEMS or COMS
                                                             calculated over at least     used.
                                                             36 evenly spaced data
                                                             points.
                                                            2. CEMS 1-hour averages
                                                             computed over at least 4
                                                             equally spaced data points.

[[Page 384]]

 
Sec.  63.8(g)(5)............  Data Reduction.............  Data that cannot be used in  No; Sec.  63.8690
                                                             computing averages for CMS.  specifies the CMS
                                                                                          requirements.
Sec.  63.9(a)...............  Notification Requirements..  Applicability and State      Yes.
                                                             Delegation
Sec.  63.9(b)(1)-(5)........  Initial Notifications......  1. Submit notification 120   Yes.
                                                             days after effective date.
                                                            2. Notification of intent
                                                             to construct/reconstruct;
                                                             notification of
                                                             commencement of construct/
                                                             reconstruct; notification
                                                             of startup.
                                                            3. Contents of each........
Sec.  63.9(c)...............  Request for Compliance       Can request if cannot        Yes.
                                Extension.                   comply by date or if
                                                             installed Best Achievable
                                                             Control Technology (BACT)/
                                                             Lowest Achievable Emission
                                                             Rate (LAER).
Sec.  63.9(d)...............  Notification of Special      For sources that commence    Yes.
                                Compliance Requirements      construction between
                                for New Source.              proposal and promulgation
                                                             and want to comply 3 years
                                                             after effective date.
Sec.  63.9(e)...............  Notification of Performance  Notify Administrator 60      Yes.
                                Test.                        days prior
Sec.  63.9(f)...............  Notification of VE/Opacity   Notify Administrator 30      Yes.
                                Test.                        days prior
Sec.  63.9(g)...............  Additional Notifications     1. Notification of           No; Sec.  63.8692
                                When Using CMS.              performance evaluation.      specifies the CMS
                                                            2. Notification using COMS    notification
                                                             data.                        requirements.
                                                            3. Notification that the
                                                             criterion for use of
                                                             alternative to relative
                                                             accuracy testing was
                                                             exceeded.
Sec.  63.9(h)(1)-(6)........  Notification of Compliance   1. Contents.                 Yes.
                                Status.                     2. Due 60 days after end of
                                                             performance test or other
                                                             compliance demonstration,
                                                             except for opacity/VE,
                                                             which are due 30 days
                                                             after.
                                                            3. When to submit to
                                                             Federal vs. State
                                                             authority.
Sec.  63.9(i)...............  Adjustment of Submittal      Procedures for               Yes.
                                Deadlines.                   Administrator to approve
                                                             change in dates when
                                                             notifications must be
                                                             submitted.
Sec.  63.9(j)...............  Change in Previous           Must submit within 15 days   Yes.
                                Information.                 after the change.
Sec.  63.10(a)..............  Recordkeeping/Reporting....  1. Applies to all, unless    Yes.
                                                             compliance extension.
                                                            2. When to submit to
                                                             Federal vs. State
                                                             authority.
                                                            3. Procedures for owners of
                                                             more than 1 source.
Sec.  63.10(b)(1)...........  Recordkeeping/Reporting....  1. General Requirements....  Yes.
                                                            2. Keep all records readily
                                                             available..
                                                            3. Keep for 5 years........
Sec.  63.10(b)(2)(i)-(v)....  Records related to Startup,  1. Occurrence of each of     Yes.
                                Shutdown, and Malfunction.   operation (process
                                                             equipment).
                                                            2. Occurrence of each
                                                             malfunction of air
                                                             pollution equipment.
                                                            3. Maintenance on air
                                                             pollution control
                                                             equipment.
                                                            4. Actions during startup,
                                                             shutdown, and malfunction.
Sec.  63.10(b)(2)(vi) and (x- CMS Records................  1. Malfunctions,             Yes.
 xi).                                                        inoperative, out-of-
                                                             control.
                                                            2. Calibration checks......
                                                            3. Adjustments, maintenance
Sec.  63.10(b)(2)(vii)-(ix).  Records....................  1. Measurements to           Yes.
                                                             demonstrate compliance
                                                             with emission limitations.
                                                            2. Performance test,
                                                             performance evaluation,
                                                             and visible emission
                                                             observation results.
                                                            3. Measurements to
                                                             determine conditions of
                                                             performance tests and
                                                             performance evaluations.
Sec.  63.10(b)(2)(xii)......  Records....................  Records when under waiver..  Yes
Sec.  63.10(b)(2)(xiii).....  Records....................  Records when using           Yes.
                                                             alternative to relative
                                                             accuracy test.

[[Page 385]]

 
Sec.  63.10(b)(2)(xiv)......  Records....................  All documentation            Yes.
                                                             supporting Initial
                                                             Notification and
                                                             Notification of Compliance
                                                             Status.
Sec.  63.10(b)(3)...........  Records....................  Applicability                Yes.
                                                             determinations.
Sec.  63.10(c)(1)-(6), (9)-   Records....................  Additional records for CMS.  No; Sec.  63.8694
 (15).                                                                                    specifies the CMS
                                                                                          recordkeeping
                                                                                          requirements.
Sec.  63.10(c)(7)-(8).......  Records....................  Records of excess emissions  No; Sec.  63.8694
                                                             and parameter monitoring     specifies the CMS
                                                             exceeedances for CMS.        recordkeeping
                                                                                          requirements.
Sec.  63.10(d)(1)...........  General Reporting            Requirement to report......  Yes.
                                Requirements.
Sec.  63.10(d)(2)...........  Report of Performance Test   When to submit to Federal    Yes.
                                Results.                     or State authority.
Sec.  63.10(d)(3)...........  Reporting Opacity or VE      What to report and when....  Yes.
                                Observations.
Sec.  63.10(d)(4)...........  Progress Reports...........  Must submit progress         Yes.
                                                             reports on schedule if
                                                             under compliance extension.
Sec.  63.10(d)(5)...........  Startup, Shutdown, and       Contents and submission....  Yes.
                                Malfunction Reports.
Sec.  63.10(e)(1), (2)......  Additional CMS Reports.....  1. Must report results for   Yes.
                                                             each CEM on a unit.
                                                            2. Written copy of
                                                             performance evaluation.
                                                            3. Three copies of COMS
                                                             performance evaluation.
Sec.  63.10(e)(3)...........  Reports....................  Excess emission reports....  No; Sec.  63.8693
                                                                                          specifies the
                                                                                          reporting
                                                                                          requirements.
Sec.  63.10(e)(3)(i)-(iii)..  Reports....................  Schedule for reporting       No; Sec.  63.8693
                                                             excess emissions and         specifies the
                                                             parameter monitor            reporting
                                                             exceedances (now defined     requirements.
                                                             as deviations).
Sec.  63.10(e)(3)(iv)-(v)...  Excess Emissions Reports...  1. Requirement to revert to  No; Sec.  63.8693
                                                             the frequency specified in   specifies the
                                                             the relevant standard if     reporting
                                                             there is an excess           requirements.
                                                             emissions and parameter
                                                             monitor exceedances (now
                                                             defined as deviations).
                                                            2. Provision to request
                                                             semiannual reporting after
                                                             compliance for one year.
                                                            3. Submit report by 30th
                                                             day following end of
                                                             quarter or calendar half.
                                                            4. If there has not been an
                                                             exceedance or excess
                                                             emission (now defined as
                                                             deviations), report
                                                             content is a statement
                                                             that there have been no
                                                             deviations.
Sec.  63.10(e)(3)(iv)-(v)...  Excess Emissions Reports...  Must submit report           No; Sec.  63.8693
                                                             containing all of the        specifies the
                                                             information in Sec.         reporting
                                                             63.10(c)(5)(13), Sec.       requirements.
                                                             63.8(c)(7)-(8).
Sec.  63.10(e)(3)(vi)-(viii)  Excess Emissions Report and  1. Requirements for          No; Sec.  63.8693
                                Summary Report.              reporting excess emissions   specifies the
                                                             for CMS (now called          reporting
                                                             deviations).                 requirements.
                                                            2. Requires all of the
                                                             information in Sec.
                                                             63.10(c)(5)(13), Sec.
                                                             63.8(c)(7)-(8).
Sec.  63.10(e)(4)...........  Reporting COMS data........  Must submit COMS data with   Yes, if COMS used.
                                                             performance test data.
Sec.  63.10(f)..............  Waiver for Recordkeeping/    Procedures for               Yes.
                                Reporting.                   Administrator to waive.
Sec.  63.11.................  Flares.....................  Requirements for flares....  Yes.
Sec.  63.12.................  Delegation.................  State authority to enforce   Yes.
                                                             standards.
Sec.  63.13.................  Addresses..................  Addresses where reports,     Yes.
                                                             notifications, and
                                                             requests are sent.
Sec.  63.14.................  Incorporation by Reference.  Test methods incorporated    Yes.
                                                             by reference.
Sec.  63.15.................  Availability of Information  Public and confidential      Yes.
                                                             information.
----------------------------------------------------------------------------------------------------------------


[[Page 386]]


[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006]



Subpart MMMMM_National Emission Standards for Hazardous Air Pollutants: 
            Flexible Polyurethane Foam Fabrication Operations

    Source: 68 FR 18070, Apr. 14, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec. 63.8780  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) emitted from flexible polyurethane foam 
fabrication operations. This subpart also establishes requirements to 
demonstrate initial and continuous compliance with the emission 
standards.



Sec. 63.8782  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a flexible 
polyurethane foam fabrication plant site that operates a flame 
lamination affected source, as defined at Sec. 63.8784(b)(2), and that 
is located at, or is part of a major emission source of hazardous air 
pollutants (HAP) or that operates a loop slitter affected source, as 
defined at Sec. 63.8784(b)(1), that meets the criteria in paragraphs 
(a)(1) and (2) of this section.
    (1) The loop slitter affected source uses one or more HAP-based 
adhesives at any time on or after April 14, 2003.
    (2) The loop slitter affected source is located at or is part of a 
major source of HAP.
    (b) A flexible polyurethane foam fabrication plant site is a plant 
site where pieces of flexible polyurethane foam are bonded together or 
to other substrates using HAP-based adhesives or flame lamination.
    (c) A major source of HAP is a plant site that emits or has the 
potential to emit any single HAP at a rate of 10 tons or more per year 
or any combination of HAP at a rate of 25 tons or more per year.
    (d) This subpart does not apply to the following processes in 
paragraphs (d)(1) and (2) of this section:
    (1) Processes that produce flexible polyurethane or rebond foam as 
defined in subpart III of this part.
    (2) A research and development facility, as defined in section 
112(c)(7) of the Clean Air Act (CAA).



Sec. 63.8784  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing, new, or reconstructed 
affected source at facilities engaged in flexible polyurethane foam 
fabrication.
    (b) The affected sources are defined in this section in paragraphs 
(b)(1) and (2) of this section.
    (1) The loop slitter adhesive use affected source is the collection 
of all loop slitters and associated adhesive application equipment used 
to apply HAP-based adhesives to bond foam to foam at a flexible 
polyurethane foam fabrication plant site.
    (2) The flame lamination affected source is the collection of all 
flame lamination lines associated with the flame lamination of foam to 
any substrate at a flexible polyurethane foam fabrication plant site.
    (c)(1) A new affected source is one that commences construction 
after August 8, 2001 and meets the applicability criteria of Sec. 
63.8782 at the time construction commences.
    (2) If you add one or more flame lamination lines at a plant site 
where flame lamination lines already exist, the added line(s) shall be a 
new affected source and meet new source requirements if the added 
line(s) has the potential to emit 10 tons per year or more of any HAP or 
25 tons or more per year of any combination of HAP.
    (d) A reconstructed affected source is one that commences 
reconstruction after August 8, 2001 and meets the criteria for 
reconstruction as defined in Sec. 63.2.
    (e) For each new or reconstructed flame lamination affected source, 
you must develop a written startup, shutdown, and malfunction plan 
according to the provisions in Sec. 63.6(e)(3).

[68 FR 18070, Apr. 14, 2003, as amended at 71 FR 20470, Apr. 20, 2006]

[[Page 387]]



Sec. 63.8786  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If you start up your new or reconstructed affected source before 
April 14, 2003, then you must comply with the emission standards for new 
or reconstructed sources in this subpart no later than April 14, 2003.
    (2) If you start up your new or reconstructed affected source on or 
after April 14, 2003, then you must comply with the emission standards 
for new or reconstructed sources in this subpart upon startup of your 
affected source.
    (b) If you have an existing loop slitter affected source, you must 
comply with the emission standards for existing sources no later than 1 
year after April 14, 2003.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP and an 
affected source subject to this subpart, the provisions in paragraphs 
(c)(1) and (2) of this section apply.
    (1) A new affected source as specified at Sec. 63.8784(c) or a 
reconstructed affected source as specified at Sec. 63.8784(d) must be 
in compliance with this subpart upon startup.
    (2) An existing affected source as specified at Sec. 63.8784(e) 
must be in compliance with this subpart no later than 1 year after the 
date on which the area source became a major source.
    (d) You must meet the notification requirements in Sec. 63.8816 
according to the schedule in Sec. 63.8816 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission standards in this subpart.
    (e) If you have a loop slitter affected source, you must have data 
on hand beginning on the compliance date specified in paragraph (b) of 
this section as necessary to demonstrate that your adhesives are not 
HAP-based. The types of data necessary are described in Sec. Sec. 
63.8802 and 63.8810.

                          Emission Limitations



Sec. 63.8790  What emission limitations must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.

                     General Compliance Requirements



Sec. 63.8794  What are my general requirements for complying with this 

subpart?

    (a) For each loop slitter adhesive use affected source, you must be 
in compliance with the requirements in this subpart at all times.
    (b) For each new or reconstructed flame lamination affected source, 
you must be in compliance with the requirements in this subpart at all 
times, except during periods of startup, shutdown, and malfunction.
    (c) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (d) During the period between the compliance date specified for your 
new or reconstructed flame lamination affected source in Sec. 63.8786, 
and the date upon which continuous compliance monitoring systems have 
been installed and verified and any applicable operating limits have 
been set, you must maintain a log detailing the operation and 
maintenance of the process and emissions control equipment.
    (e) For each new or reconstructed flame lamination affected source, 
you must develop a written startup, shutdown, and malfunction plan 
according to the provisions in Sec. 63.6(e)(3).
    (f) For each monitoring system required in this section for new or 
reconstructed flame lamination sources, you must develop and submit for 
approval a site-specific monitoring plan that addresses the requirements 
in paragraphs (f)(1) through (3) of this section.
    (1) Installation of the continuous monitoring system (CMS) sampling 
probe or other interface at a measurement location relative to each 
affected process unit such that the measurement is representative of 
control of the

[[Page 388]]

exhaust emissions (e.g., on or downstream of the last control device);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system; and
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (g) In your site-specific monitoring plan, you must also address the 
ongoing procedures specified in paragraphs (g)(1) through (3) of this 
section.
    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. Sec. 63.8(c)(1), (3), (4)(ii), (7), 
and (8), and 63.8804;
    (2) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 63.8(d); and
    (3) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).

[68 FR 18070, Apr. 14, 2003, as amended at 71 20470, Apr. 20, 2006]

               Testing and Initial Compliance Requirements



Sec. 63.8798  By what date must I conduct performance tests or other initial 

compliance demonstrations?

    (a) For each loop slitter affected source, you must conduct the 
initial compliance demonstration by the compliance date that is 
specified for your source in Sec. 63.8786.
    (b) For each new or reconstructed flame lamination affected source, 
you must conduct performance tests within 180 calendar days after the 
compliance date that is specified for your source in Sec. 63.8786 and 
according to the provisions in Sec. 63.7(a)(2).



Sec. 63.8800  What performance tests and other procedures must I use to 

demonstrate compliance with the emission limit for flame lamination?

    (a) You must conduct each performance test in Table 3 to this 
subpart that applies to you.
    (b) Each performance test must be conducted according to the 
requirements in Sec. 63.7(e)(1) and under the specific conditions in 
Table 3 to this subpart.
    (c) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (d) You must conduct at least three separate test runs for each 
performance test required in this section, as specified in Sec. 
63.7(e)(3). Each test run must last at least 1 hour.
    (e) You must determine the percent reduction of HAP emissions during 
the performance test according to paragraphs (e)(1) through (3) of this 
section.
    (1) If you use chlorinated fire retardant foams, determine the 
percent reduction of HCl to represent HAP emissions from the source. If 
you do not use chlorinated fire retardant foams, determine the percent 
reduction of HCN to represent HAP emissions from the source.
    (2) Calculate the concentration of HAP at the control device inlet 
and at the control device outlet using the procedures in the specified 
test method.
    (3) Compare the calculated HAP concentration at the control device 
inlet to the calculated HAP concentration at the control device outlet 
to determine the percent reduction over the period of the performance 
test, using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14AP03.000

Where:

R=Efficiency of control device, percent.
Einlet,i=HAP concentration of control device inlet stream for 
test run i, mg/dscm.
Eoutlet,i=HAP concentration of control device outlet stream 
for test run i, mg/dscm.
n=Number of runs conducted for the performance test.

    (f) You must also meet the requirements in paragraphs (f)(1) and (2) 
of this section.
    (1) Conduct the performance tests using foams that are 
representative of foams typically used at your flame lamination affected 
source. If you use foams containing chlorinated fire retardants, you 
must conduct the performance tests using these foams.
    (2) Establish all applicable operating limits that correspond to the 
control

[[Page 389]]

system efficiency as described in Table 3 to this subpart.



Sec. 63.8802  What methods must I use to demonstrate compliance with the 

emission limitation for loop slitter adhesive use?

    (a) Determine the HAP content for each material used. To determine 
the HAP content for each material used in your foam fabrication 
operations, you must use one of the options in paragraphs (a)(1) through 
(3) of this section. If you use the option in paragraph (a)(3) of this 
section, you are subject to the provisions of paragraph (a)(4) of this 
section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of HAP. Use the procedures 
specified in paragraphs (a)(1)(i) and (ii) of this section when 
determining HAP content by Method 311.
    (i) Include in the HAP total each HAP that is measured to be present 
at 0.1 percent by mass or more for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. 
For example, if toluene (not an OSHA carcinogen) is measured to be 0.5 
percent of the material by mass, you do not need to include it in the 
HAP total. Express the mass fraction of each HAP you measure as a value 
truncated to four places after the decimal point (for example, 0.1234).
    (ii) Calculate the total HAP content in the test material by adding 
up the individual HAP contents and truncating the result to three places 
after the decimal point (for example, 0.123).
    (2) Alternative method. You may use an alternative test method for 
determining mass fraction of HAP if you obtain prior approval by the 
Administrator. You must follow the procedure in Sec. 63.7(f) to submit 
an alternative test method for approval.
    (3) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) and (2) of this section to 
determine the mass fraction of HAP according to paragraphs (a)(3)(i) and 
(ii) of this section. This information may include, but is not limited 
to, a material safety data sheet (MSDS), a certified product data sheet 
(CPDS), or a manufacturer's hazardous air pollutant data sheet.
    (i) Include in the HAP total each HAP that is present at 0.1 percent 
by mass or more for OSHA-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. 
For example, if toluene (not an OSHA carcinogen) is 0.5 percent of the 
material by mass, you do not have to include it in the HAP total.
    (ii) If the HAP content is provided by the material supplier or 
manufacturer as a range, then you must use the upper limit of the range 
for determining compliance.
    (4) Verification of supplier or manufacturer information. Although 
you are not required to perform testing to verify the information 
obtained according to paragraph (a)(3) of this section, the 
Administrator may require a separate measurement of the total HAP 
content using the methods specified in paragraph (a)(1) or (2) of this 
section. If this measurement exceeds the total HAP content provided by 
the material supplier or manufacturer, then you must use the measured 
HAP content to determine compliance.
    (b) [Reserved]



Sec. 63.8806  How do I demonstrate initial compliance with the emission 

limitations?

    (a) You must demonstrate initial compliance with each emission limit 
that applies to you according to Table 4 to this subpart.
    (b) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you according to the requirements in 
Sec. 63.8800 and Table 3 to this subpart.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec. 63.8816(e) through (h).

[[Page 390]]

                   Continuous Compliance Requirements



Sec. 63.8810  How do I monitor and collect data to demonstrate continuous 

compliance?

    (a) If you own or operate a loop slitter adhesive use affected 
source, you must meet the requirements in paragraphs (a)(1) and (2) of 
this section.
    (1) Maintain a list of each adhesive and the manufacturer or 
supplier of each.
    (2) Maintain a record of EPA Method 311 (appendix A to 40 CFR part 
63), approved alternative method, or other reasonable means of HAP 
content determinations indicating the mass percent of each HAP for each 
adhesive.
    (b) If you own or operate a new or reconstructed flame lamination 
affected source, you must meet the requirements in paragraphs (b)(1) 
through (3) of this section if you use a scrubber, or paragraph (b)(4) 
of this section if you use any other control device.
    (1) Keep records of the daily average scrubber inlet liquid flow 
rate.
    (2) Keep records of the daily average scrubber effluent pH.
    (3) If you use a venturi scrubber, keep records of daily average 
pressure drop across the venturi.
    (4) Keep records of operating parameter values for each operating 
parameter that applies to you.
    (c) If you own or operate a new or reconstructed flame lamination 
affected source, you must meet the requirements in paragraphs (c)(1) 
through (4) of this section.
    (1) Except for periods of monitoring malfunctions, associated 
repairs, and required quality assurance or control activities 
(including, as applicable, calibration checks and required zero and span 
adjustments), you must monitor continuously (or collect data at all 
required intervals) at all times that the affected source is operating. 
This includes periods of startup, shutdown, and malfunction when the 
affected source is operating. A monitoring malfunction includes, but is 
not limited to, any sudden, infrequent, not reasonably preventable 
failure of the monitoring device to provide valid data. Monitoring 
failures that are caused by poor maintenance or careless operation are 
not malfunctions.
    (2) In data average calculations and calculations used to report 
emission or operating levels, you may not use data recorded during 
monitoring malfunctions, associated repairs, or recorded during required 
quality assurance or control activities. Nor may such data be used in 
fulfilling any applicable minimum data availability requirement. You 
must use all the data collected during all other periods in assessing 
the operation of the control device and associated control system.
    (3) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (4) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.



Sec. 63.8812  How do I demonstrate continuous compliance with the emission 

limitations?

    (a) You must demonstrate continuous compliance with each emission 
limit and operating limit in Tables 1 and 2 to this subpart that applies 
to you according to the methods specified in Table 5 to this subpart.
    (b) You must report each instance in which you did not meet each 
emission limit and each operating limit in Tables 1 and 2 to this 
subpart that apply to you. For new or reconstructed flame lamination 
affected sources, this includes periods of startup, shutdown, and 
malfunction. These instances are deviations from the operating limits in 
this subpart. These deviations must be reported according to the 
requirements in Sec. 63.8818.
    (c) [Reserved]
    (d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur at a new or reconstructed flame lamination affected source 
during a period of startup, shutdown, or malfunction are not violations 
if you demonstrate to the Administrator's satisfaction that you were 
operating in accordance with Sec. 63.6(e)(1). The Administrator will 
determine whether deviations that occur at a new or reconstructed flame 
lamination affected source during a period of startup, shutdown, or 
malfunction are violations, according to the provisions in Sec. 
63.6(e).

[[Page 391]]

    (e) You also must meet the following requirements if you are 
complying with the adhesive use ban for loop slitter adhesive use 
described in Sec. 63.8790(a).
    (1) If, after you submit the Notification of Compliance Status, you 
use an adhesive for which you have not previously verified percent HAP 
mass using the methods in Sec. 63.8802, you must verify that each 
adhesive used in the affected source meets the emission limit, using any 
of the methods in Sec. 63.8802.
    (2) You must update the list of all the adhesives used at the 
affected source.
    (3) With the compliance report for the reporting period during which 
you used the new adhesive, you must submit the updated list of all 
adhesives and a statement certifying that, as purchased, each adhesive 
used at the affected source during the reporting period met the emission 
limit in Table 1 to this subpart.

[68 FR 18070, Apr. 14, 2003, as amended at 71 FR 20470, Apr. 20, 2006]

                   Notification, Reports, and Records



Sec. 63.8816  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec. 63.7(b) 
and (c), 63.8(f), and 63.9(b) through (h) that apply to you.
    (b) If you own or operate an existing loop slitter or flame 
lamination affected source, submit an initial notification no later than 
120 days after April 14, 2003.
    (c) If you own or operate a new or reconstructed loop slitter or 
flame lamination affected source, submit the application for 
construction or reconstruction required by Sec. 63.9(b)(1)(iii) in lieu 
of the initial notification.
    (d) If you own or operate a new or reconstructed flame lamination 
affected source, submit a notification of intent to conduct a 
performance test at least 60 calendar days before the performance test 
is scheduled to begin, as required in Sec. 63.7(b)(1).
    (e) If you own or operate a loop slitter affected source, submit a 
Notification of Compliance Status according to Sec. 63.9(h)(2)(ii) 
within 60 days of the compliance date specified in Sec. 63.8786.
    (f) If you own or operate a new or reconstructed flame lamination 
affected source, submit a Notification of Compliance Status according to 
Sec. 63.9(h)(2)(ii) that includes the results of the performance test 
conducted according to the requirements in Table 3 to this subpart. You 
must submit the notification before the close of business on the 60th 
calendar day following the completion of the performance test according 
to Sec. 63.10(d)(2).
    (g) For each new or reconstructed flame lamination affected source, 
the Notification of Compliance Status must also include the information 
in paragraphs (g)(1) and (2) that applies to you.
    (1) The operating parameter value averaged over the full period of 
the performance test (for example, average pH).
    (2) The operating parameter range within which HAP emissions are 
reduced to the level corresponding to meeting the applicable emission 
limits in Table 1 to this subpart.
    (h) For each loop slitter adhesive use affected source, the 
Notification of Compliance Status must also include the information 
listed in paragraphs (h)(1) and (2) of this section.
    (1) A list of each adhesive used at the affected source, its HAP 
content (percent by mass), and the manufacturer or supplier of each.
    (2) A statement certifying that each adhesive that was used at the 
affected source during the reporting period met the emission limit in 
Table 1 to this subpart.



Sec. 63.8818  What reports must I submit and when?

    (a) You must submit each report in Table 6 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each 
compliance report for new or reconstructed flame lamination affected 
sources semiannually according to paragraphs (b)(1) through (4) of this 
section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec. 
63.8786 and ending

[[Page 392]]

on June 30 or December 31, whichever date is the first date following 
the end of the first calendar half after the compliance date that is 
specified for your source in Sec. 63.8786.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first calendar half after the compliance date that is specified for your 
affected source in Sec. 63.8786.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (c) For each loop slitter adhesive use affected source, you may 
submit annual compliance reports in place of semiannual reports.
    (d) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) through (4) of 
this section.
    (e) The compliance report must contain the information in paragraphs 
(e)(1) through (5) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy and completeness of 
the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If there are no deviations from any emission limitations 
(emission limit or operating limit) that applies to you, a statement 
that there were no deviations from the emission limitations during the 
reporting period.
    (5) For each deviation from an emission limitation that occurs, the 
compliance report must contain the information specified in paragraphs 
(e)(5)(i) through (iii) of this section.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (iii) Information on the number, duration, and cause for continuous 
parameter monitoring system (CPMS) downtime incidents, if applicable, 
other than downtime associated with zero and span and other daily 
calibration checks.
    (f) The compliance report for a new or reconstructed flame 
lamination affected source must also contain the following information 
in paragraphs (f)(1) through (3) of this section.
    (1) If you had a startup, shutdown or malfunction at your new or 
reconstructed flame lamination affected source during the reporting 
period and you took actions consistent with your startup, shutdown, and 
malfunction plan, the compliance report must include the information in 
Sec. 63.10(d)(5)(i).
    (2) If there were no periods during which the CPMS was out-of-
control in accordance with the monitoring plan, a statement that there 
were no periods during which the CPMS was out-of-control during the 
reporting period.
    (3) If there were periods during which the CPMS was out-of-control 
in accordance with the monitoring plan, the date, time, and duration of 
each out-of-control period.
    (g) The compliance report for a loop slitter adhesive use affected 
source must also contain the following information in paragraphs (g)(1) 
and (2) of this section.
    (1) For each annual reporting period during which you use an 
adhesive that was not included in the list submitted with the 
Notification of Compliance Status in Sec. 63.8816(h) (1), an updated 
list of all adhesives used at the affected source.
    (2) A statement certifying that each adhesive that was used at the 
affected source during the reporting period met

[[Page 393]]

the emission limit in Table 1 to this subpart.
    (h) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all 
deviations as defined in this subpart in the semiannual monitoring 
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A). If an affected source submits a compliance report 
pursuant to Table 6 to this subpart along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required 
information concerning deviations from any emission limitation 
(including any operating limit) in this subpart, submission of the 
compliance report shall be deemed to satisfy any obligation to report 
the same deviations in the semiannual monitoring report. However, 
submission of a compliance report shall not otherwise affect any 
obligation the affected source may have to report deviations from permit 
requirements to the permit authority.
    (i) For each startup, shutdown, or malfunction during the reporting 
period where the source does not meet the emission limitations set out 
in Sec. 63.8790 that occurs at a new or reconstructed flame lamination 
affected source and that is not consistent with your startup, shutdown, 
and malfunction plan, you must submit an immediate startup, shutdown and 
malfunction report.
    (1) An initial report containing a description of the actions taken 
for the event must be submitted by fax or telephone within 2 working 
days after starting actions inconsistent with the plan.
    (2) A followup report containing the information listed in Sec. 
63.10(d)(5)(ii) must be submitted within 7 working days after the end of 
the event unless you have made alternative reporting arrangements with 
the permitting authority.



Sec. 63.8820  What records must I keep?

    (a) You must keep a copy of each notification and report that you 
submit to comply with this subpart, including all documentation 
supporting any Initial Notification or Notification of Compliance Status 
that you submitted, according to the requirements in Sec. 
63.10(b)(2)(xiv).
    (b) For each new or reconstructed flame lamination affected source, 
you must also keep the following records specified in paragraphs (b)(1) 
through (4) of this section.
    (1) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (2) Records of performance tests, as required in Sec. 
63.10(b)(2)(viii).
    (3) Records of operating parameter values.
    (4) Records of the date and time that each deviation started and 
stopped and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) For each loop slitter adhesive use affected source, you must 
keep the following records specified in paragraphs (c)(1) and (2) of 
this section.
    (1) A list of each adhesive and the manufacturer or supplier of 
each.
    (2) A record of EPA Method 311 (appendix A to 40 CFR part 63), 
approved alternative method, or other reasonable means of determining 
the mass percent of total HAP for each adhesive used at the affected 
source.



Sec. 63.8822  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec. 63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec. 63.8826  What parts of the General Provisions apply to me?

    Table 7 to this subpart shows which sections of the General 
Provisions in Sec. Sec. 63.1 through 63.15 apply to you.

[[Page 394]]



Sec. 63.8828  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (U.S. EPA), or a delegated authority 
such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency, in addition to the U.S. EPA, has the authority 
to implement and enforce this subpart. You should contact your U.S. EPA 
Regional Office to find out if implementation and enforcement of this 
subpart is delegated to your 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 paragraph (c) of this section 
are retained by the Administrator of U.S. EPA and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities in paragraphs (c)(1) through (4) that cannot be 
delegated to State, local, or tribal agencies are as follows:
    (1) Approval of alternatives to requirements in Sec. Sec. 63.8780, 
63.8782, 63.8784, 63.8786, and 63.8790.
    (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. 63.8830  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
and in this section as follows:
    Adhesive means any chemical substance that is applied for the 
purpose of bonding foam to foam, foam to fabric, or foam to any other 
substrate, other than by mechanical means. Products used on humans and 
animals, adhesive tape, contact paper, or any other product with an 
adhesive incorporated onto it in an inert substrate shall not be 
considered adhesives under this subpart.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation (including 
any operating limit); or
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation (including any operating 
limit) in this subpart during startup, shutdown, or malfunction, 
regardless of whether or not such failure is permitted by this subpart.
    Emission limitation means any emission limit or operating limit.
    Flame lamination means the process of bonding flexible foam to one 
or more layers of material by heating the foam surface with an open 
flame.
    Flame lamination line means the flame laminator and associated 
rollers.
    HAP-based adhesive means an adhesive containing 5 percent (by 
weight) or more of HAP, according to EPA Method 311 (appendix A to 40 
CFR part 63) or another approved alternative.
    Loop slitter means a machine used to create thin sheets of foam from 
the large blocks of foam or ``buns'' created at a slabstock flexible 
polyurethane foam production plant.
    Research and development process means a laboratory or pilot plant 
operation 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 which is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2.

[[Page 395]]



        Sec. Table 1 to Subpart MMMMM of Part 63--Emission Limits

    As stated in Sec. 63.8790(a), you must comply with the emission 
limits in the following table:

------------------------------------------------------------------------
               For . . .                          You must . . .
------------------------------------------------------------------------
1. Each existing, new, or reconstructed  Not use any HAP-based
 loop slitter adhesive use affected       adhesives.
 source.
2. Each new or reconstructed flame       Reduce HAP emissions by 90
 lamination affected source.              percent.
3. Each existing flame lamination        There are no emission limits
 affected sources.                        for existing flame lamination
                                          sources. However, you must
                                          submit an initial notification
                                          per Sec.  63.8816(b).
------------------------------------------------------------------------



 Sec. Table 2 to Subpart MMMMM of Part 63--Operating Limits for New or 
             Reconstructed Flame Lamination Affected Sources

    As stated in Sec. 63.8790(b), you must comply with the operating 
limits in the following table:

------------------------------------------------------------------------
             For each . . .                       You must . . .
------------------------------------------------------------------------
1. Scrubber.............................  a. Maintain the daily average
                                           scrubber inlet liquid flow
                                           rate above the minimum value
                                           established during the
                                           performance test.
                                          b. Maintain the daily average
                                           scrubber effluent pH within
                                           the operating range value
                                           established during the
                                           performance test.
                                          c. If you use a venturi
                                           scrubber, maintain the daily
                                           average pressure drop across
                                           the venturi within the
                                           operating range value
                                           established during the
                                           performance test.
2. Other type of control device to which  Maintain your operating
 flame lamination emissions are ducted.    parameter(s) within the
                                           ranges established during the
                                           performance test and
                                           according to your monitoring
                                           plan.
------------------------------------------------------------------------



Sec. Table 3 to Subpart MMMMM of Part 63--Performance Test Requirements 
       for New or Reconstructed Flame Lamination Affected Sources

    As stated in Sec. 63.8800, you must comply with the requirements 
for performance tests for new or reconstructed flame lamination affected 
sources in the following table using the requirements in rows 1 through 
5 of the table if you are measuring HCl and using a scrubber, row 6 if 
you are measuring HCN and using a scrubber, and row 7 if you are using 
any other control device.

----------------------------------------------------------------------------------------------------------------
   For each new or reconstructed flame
lamination affected source, you must . .          Using . . .          According to the following requirements .
                    .                                                                     . .
----------------------------------------------------------------------------------------------------------------
1. Select sampling port's location and    Method 1 or 1A in appendix   Sampling sites must be located at the
 the number of traverse ports.             A to part 60 of this         inlet and outlet of the scrubber and
                                           chapter.                     prior to any releases to the atmosphere.
2. Determine velocity...................  Method 2, 2A, 2C, 2D, 2F,
                                           or 2G in appendix A to
                                           part 60 of this chapter.
3. Determine gas molecular weight.......  Not applicable.............  Assume a molecular weight of 29 (after
                                                                        moisture correction) for calculation
                                                                        purposes.
4. Measure moisture content of the stack  Method 4 in appendix A to
 gas.                                      part 60 of this chapter.
5. Measure HCl concentration if you use   a. Method 26A in appendix A  i. Measure total HCl emissions and
 chlorinated fire retardants in the        to part 60 of this chapter.  determine the reduction efficiency of
 laminated foam.                                                        the control device using Method 26A.
                                                                       ii. Collect scrubber liquid flow rate,
                                                                        scrubber effluent pH, and pressure drop
                                                                        (pressure drop data only required for
                                                                        venturi scrubbers) every 15 minutes
                                                                        during the entire duration of each 1-
                                                                        hour test run, and determine the average
                                                                        scrubber liquid flow rate, scrubber
                                                                        effluent pH, and pressure drop (pressure
                                                                        drop data only required for Venturi
                                                                        scrubbers) over the period of the
                                                                        performance test by computing the
                                                                        average of all of the 15-minute
                                                                        readings.

[[Page 396]]

 
6. Measure HCN concentration if you do    a. A method approved by the  i. Conduct the performance test according
 not use chlorinated fire retardants in    Administrator.               to the site-specific test plan submitted
 the laminated foam.                                                    according to Sec.  63.7(c)(2)(i).
                                                                        Measure total HCN emissions and
                                                                        determine the reduction efficiency of
                                                                        the control device. Any performance test
                                                                        which measures HCN concentrations must
                                                                        be submitted for the administrator's
                                                                        approval prior to testing. You must use
                                                                        EPA Method 301 (40 CFR part 63, Appendix
                                                                        A) to validate your method.
                                                                       ii. Collect scrubber liquid flow rate,
                                                                        scrubber effluent pH, and pressure drop
                                                                        (pressure drop data only required for
                                                                        venturi scrubbers) every 15 minutes
                                                                        during the entire duration of each 1-
                                                                        hour test run, and determine the average
                                                                        scrubber liquid flow rate, scrubber
                                                                        effluent pH, and pressure drop (pressure
                                                                        drop data only required for venturi
                                                                        scrubbers) over the period of the
                                                                        performance test by computing the
                                                                        average of all of the 15-minute
                                                                        readings.
7. Determine control device efficiency    a. EPA-approved methods and  i. Conduct the performance test according
 and establish operating parameter         data from the continuous     to the site-specific test plan submitted
 limits with which you will demonstrate    parameter monitoring         according to Sec.  63.7(c)(2)(i).
 continuous compliance with the emission   system.                     ii. Collect operating parameter data as
 limit that applies to the source if you                                specified in the site-specific test
 use any control device other than a                                    plan.
 scrubber.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 4 to Subpart MMMMM of Part 63--Initial Compliance With 
                             Emission Limits

    As stated in Sec. 63.8806, you must comply with the requirements to 
demonstrate initial compliance with the applicable emission limits in 
the following table:

------------------------------------------------------------------------
                                                          You have
          For . . .             For the following   demonstrated initial
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------
1. Each new, reconstructed,   Eliminate use of HAP- You do not use HAP-
 or existing loop slitter      based adhesives.      based adhesives.
 adhesive use affected
 source.
2. Each new or reconstructed  Reduce HAP emissions  The average HAP
 flame lamination affected     by 90 percent.        emissions, measured
 source using a scrubber.                            over the period of
                                                     the performance
                                                     test(s), are
                                                     reduced by 90
                                                     percent.
3. Each new or reconstructed  Reduce HAP emissions  The average HAP
 flame lamination affected     by 90 percent.        emissions, measured
 source using any other                              over the period of
 control device emissions by.                        the performance
                                                     test(s), are
                                                     reduced by 90
                                                     percent.
------------------------------------------------------------------------



  Sec. Table 5 to Subpart MMMMM of Part 63--Continuous Compliance With 
                  Emission Limits and Operating Limits

    As stated in Sec. 63.8812(a), you must comply with the requirements 
to demonstrate continuous compliance with the applicable emission limits 
or operating limits in the following table:

------------------------------------------------------------------------
                                For the following   You must demonstrate
                               emission limits or        continuous
          For . . .           operating limits . .   compliance by . . .
                                        .
------------------------------------------------------------------------
1. Each new, reconstructed,   Eliminate use of HAP- Not using HAP-based
 or existing loop slitter      based adhesives.      adhesives.
 affected source.

[[Page 397]]

 
2. Each new or reconstructed  a. Maintain the       i. Collecting the
 flame lamination affected     daily average         scrubber inlet
 source using a scrubber.      scrubber inlet        liquid flow rate
                               liquid flow rate      and effluent pH
                               above the minimum     monitoring data
                               value established     according to Sec.
                               during the            63.8804(a) through
                               performance.          (c).
                              b. Maintain the       ii. Reducing the
                               daily average         data to 1-hour and
                               scrubber effluent     daily block
                               pH within the         averages according
                               operating range       to the requirements
                               established during    in Sec.
                               the performance       63.8804(a).
                               test.                iii. Maintaining
                              c. Maintain the        each daily average
                               daily average         scrubber inlet
                               pressure drop         liquid flow rate
                               across the venturi    above the minimum
                               within the            value established
                               operating range       during the
                               established during    performance test.
                               the performance      iv. Maintaining the
                               test. If you use      daily average
                               another type of       scrubber effluent
                               scrubber (e.g.,       pH within the
                               packed bed or spray   operating range
                               tower scrubber),      established during
                               monitoring pressure   the performance
                               drop is not           test.
                               required.            v. If you use a
                                                     venturi scrubber,
                                                     maintaining the
                                                     daily average
                                                     pressure drop
                                                     across the venturi
                                                     within the
                                                     operating range
                                                     established during
                                                     the performance
                                                     test.
3. Each new or reconstructed  a. Maintain the       i. Collected the
 flame lamination affected     daily average         operating parameter
 source using any other        operating             data according to
 control device.               parameters above      the site-specific
                               the minimum value     test plan.
                               established during   ii. Reducing the
                               the performance       data to one-hour
                               test, or within the   averages according
                               range established     to the requirements
                               during the            in Sec.
                               performance test,     63.8804(a).
                               as applicable.       iii. Maintaining the
                                                     daily average
                                                     during the rate
                                                     above the minimum
                                                     value established
                                                     during the
                                                     performance test,
                                                     or within the range
                                                     established during
                                                     the performance
                                                     test, as
                                                     applicable.
------------------------------------------------------------------------



   Sec. Table 6 to Subpart MMMMM of Part 63--Requirements for Reports

    As stated in Sec. 63.8818(a), you must submit a compliance report 
that includes the information in Sec. 63.8818(e) through (g) as well as 
the information in the following table. Rows 1 and 3 of the following 
table apply to loop slitter affected sources. Rows 1 through 5 apply to 
flame lamination affected sources. You must also submit startup, 
shutdown, and malfunction reports according to the requirements in the 
following table if you own or operate a new or reconstructed flame 
lamination affected source.

------------------------------------------------------------------------
                                          Then you must submit a report
                If . . .                     or statement that . . .
------------------------------------------------------------------------
1. There are no deviations from any      There were no deviations from
 emission limitations that apply to you.  the emission limitations
                                          during the reporting period.
2. There were no periods during which    There were no periods during
 the operating parameter monitoring       which the CPMS were out-of-
 systems were out-of-control in           control during the reporting
 accordance with the monitoring plan.     period.
3. There was a deviation from any        Contains the information in
 emission limitation during the           Sec.  63.8818(e)(5).
 reporting period.
4. There were periods during which the   Contains the information in
 operating parameter monitoring systems   Sec.  63.8818(f)(3).
 were out-of-control in information in
 accordance with the monitoring plan.
5. There was a startup, shutdown, or     Contains the information in
 malfunction where the source did not     Sec.  63.8818(i).
 meet the emission limitations set out
 in Sec.  63.8790 at a new or
 reconstructed flame lamination
 affected source during the reporting
 period that is not consistent with
 your startup, shutdown, and
 malfunction plan..
------------------------------------------------------------------------



   Sec. Table 7 to Subpart MMMMM of Part 63--Applicability of General 
                       Provisions to Subpart MMMMM

    As stated in Sec. 63.8826, you must comply with the applicable 
General Provisions requirements according to the following table:

[[Page 398]]



----------------------------------------------------------------------------------------------------------------
            Citation                    Requirement           Applies to subpart MMMMM          Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.....................  Initial applicability   Yes.
                                   determination;
                                   applicability after
                                   standard established;
                                   permit requirements;
                                   extensions;
                                   notifications.
Sec.  63.2.....................  Definitions...........  Yes............................  Additional
                                                                                            definitions are
                                                                                            found in Sec.
                                                                                            63.8830.
Sec.  63.3.....................  Units and               Yes.
                                   abbreviations.
Sec.  63.4.....................  Prohibited activities;  Yes.
                                   compliance date;
                                   circumvention,
                                   severability.
Sec.  63.5.....................  Construction/           Yes.
                                   reconstruction
                                   applicability;
                                   applications;
                                   approvals.
Sec.  63.6(a)..................  Compliance with         Yes.
                                   standards and
                                   maintenance
                                   requirements-
                                   applicability.
Sec.  63.6(b)(1)-(4)...........  Compliance dates for    Yes............................  Sec.  63.8786
                                   new or reconstructed                                     specifies compliance
                                   sources.                                                 dates.
Sec.  63.6(b)(5)...............  Notification if         Yes.
                                   commenced
                                   construction or
                                   reconstruction after
                                   proposal.
Sec.  63.6(b)(6)...............  [Reserved]............  Yes.
Sec.  63.6(b)(7)...............  Compliance dates for    Yes............................  Sec.  63.8786
                                   new or reconstructed                                     specifies compliance
                                   area sources that                                        dates.
                                   become major.
Sec.  63.6(c)(1)-(2)...........  Compliance dates for    Yes............................  Sec.  63.8786
                                   existing sources.                                        specifies compliance
                                                                                            dates.
Sec.  63.6(c)(3)-(4)...........  [Reserved]............  Yes.
Sec.  63.6(c)(5)...............  Compliance dates for    Yes............................  Sec.  63.8786
                                   existing area sources                                    specifies compliance
                                   that become major.                                       dates.
Sec.  63.6(d)..................  [Reserved]............  Yes.
Sec.  63.6(e)(1)...............  Operation and           Yes.
                                   maintenance
                                   requirements.
Sec.  63.6(e)(2)...............  [Reserved]............  Yes.
Sec.  63.6(e)(3)...............  Startup, shutdown, and  Yes............................  Only applies to new
                                   malfunction plans.                                       or reconstructed
                                                                                            flame lamination
                                                                                            affected sources.
Sec.  63.6(f)(1)...............  Compliance except       Yes............................  Only applies to new
                                   during SSM.                                              or reconstructed
                                                                                            flame lamination
                                                                                            affected sources.
Sec.  63.6(f)(2)-(3)...........  Methods for             Yes.
                                   determining
                                   compliance.
Sec.  63.6(g)..................  Use of an alternative   Yes.
                                   nonopacity emission
                                   standard.
Sec.  63.6(h)..................  Compliance with         No.............................  Subpart MMMMM does
                                   opacity/visible                                          not specify opacity
                                   emission standards.                                      or visible emission
                                                                                            standards.
Sec.  63.6(i)..................  Extension of            Yes.
                                   compliance with
                                   emission standards.
Sec.  63.6(j)..................  Presidential            Yes.
                                   compliance exemption.
Sec.  63.7(a)(1)-(2)...........  Performance test dates  Yes............................  Except for loop
                                                                                            slitter affected
                                                                                            sources as specified
                                                                                            in Sec.
                                                                                            63.8798(a).
Sec.  63.7(a)(3)...............  Administrator's         Yes.
                                   section 114 authority
                                   to require a
                                   performance test.
Sec.  63.7(b)..................  Notification of         Yes.
                                   performance test and
                                   rescheduling.
Sec.  63.7(c)..................  Quality assurance       Yes.
                                   program and site-
                                   specific test plans.
Sec.  63.7(d)..................  Performance testing     Yes.
                                   facilities.
Sec.  63.7(e)(1)...............  Conditions for          Yes.
                                   conducting
                                   performance tests.
Sec.  63.7(f)..................  Use of an alternative   Yes.
                                   test method.
Sec.  63.7(g)..................  Performance test data   Yes.
                                   analysis,
                                   recordkeeping, and
                                   reporting.
Sec.  63.7(h)..................  Waiver of performance   Yes.
                                   tests.

[[Page 399]]

 
Sec.  63.8(a)(1)-(2)...........  Applicability of        Yes............................  Unless otherwise
                                   monitoring                                               specified, all of
                                   requirements.                                            Sec.  63.8 applies
                                                                                            only to new or
                                                                                            reconstructed flame
                                                                                            lamination sources.
                                                                                            Additional
                                                                                            monitoring
                                                                                            requirements for
                                                                                            these sources are
                                                                                            found in Sec. Sec.
                                                                                             63.8794(f) and (g)
                                                                                            and 63.8804.
Sec.  63.8(a)(3)...............  [Reserved]............  Yes.
Sec.  63.8(a)(4)...............  Monitoring with flares  No.............................  Subpart MMMMM does
                                                                                            not refer directly
                                                                                            or indirectly to
                                                                                            Sec.  63.11.
Sec.  63.8(b)..................  Conduct of monitoring   Yes.
                                   and procedures when
                                   there are multiple
                                   effluents and
                                   multiple monitoring
                                   systems.
Sec.  63.8(c)(1)-(3)...........  Continuous monitoring   Yes............................  Applies as modified
                                   system (CMS)                                             by Sec.  63.8794(f)
                                   operation and                                            and (g).
                                   maintenance.
Sec.  63.8(c)(4)...............  Continuous monitoring   Yes............................  Applies as modified
                                   system requirements                                      by Sec.
                                   during breakdown, out-                                   63.8794(g).
                                   of-control, repair,
                                   maintenance, and high-
                                   level calibration
                                   drifts.
Sec.  63.8(c)(5)...............  Continuous opacity      No.............................  Subpart MMMMM does
                                   monitoring system                                        not have opacity or
                                   (COMS) minimum                                           visible emission
                                   procedures.                                              standards.
Sec.  63.8(c)(6)...............  Zero and high level     Yes............................  Applies as modified
                                   calibration checks.                                      by Sec.
                                                                                            63.8794(f).
Sec.  63.8(c)(7)-(8)...........  Out-of-control          Yes.
                                   periods, including
                                   reporting.
Sec.  63.8(d)-(e)..............  Quality control         No.............................  Applies as modified
                                   program and CMS                                          by Sec.  63.8794(f)
                                   performance                                              and (g).
                                   evaluation.
Sec.  63.8(f)(1)-(5)...........  Use of an alternative   Yes.
                                   monitoring method.
Sec.  63.8(f)(6)...............  Alternative to          No.............................  Only applies to
                                   relative accuracy                                        sources that use
                                   test.                                                    continuous emissions
                                                                                            monitoring systems
                                                                                            (CEMS).
Sec.  63.8(g)..................  Data reduction........  Yes............................  Applies as modified
                                                                                            by Sec.
                                                                                            63.8794(g).
Sec.  63.9(a)..................  Notification            Yes.
                                   requirements--applica
                                   bility.
Sec.  63.9(b)..................  Initial notifications.  Yes............................  Except Sec.
                                                                                            63.8816(c) requires
                                                                                            new or reconstructed
                                                                                            affected sources to
                                                                                            submit the
                                                                                            application for
                                                                                            construction or
                                                                                            reconstruction
                                                                                            required by Sec.
                                                                                            63.9(b)(1)(iii) in
                                                                                            lieu of the initial
                                                                                            notification.
Sec.  63.9(c)..................  Request for compliance  Yes.
                                   extension.
Sec.  63.9(d)..................  Notification that a     Yes.
                                   new source is subject
                                   to special compliance
                                   requirements.
Sec.  63.9(e)..................  Notification of         Yes.
                                   performance test.
Sec.  63.9(f)..................  Notification of         No.............................  Subpart MMMMM does
                                   visible emissions/                                       not have opacity or
                                   opacity test.                                            visible emission
                                                                                            standards.
Sec.  63.9(g)(1)...............  Additional CMS          Yes.
                                   notifications--date
                                   of CMS performance
                                   evaluation.
Sec.  63.9(g)(2)...............  Use of COMS data......  No.............................  Subpart MMMMM does
                                                                                            not require the use
                                                                                            of COMS.
Sec.  63.9(g)(3)...............  Alternative to          No.............................  Applies only to
                                   relative accuracy                                        sources with CEMS.
                                   testing.
Sec.  63.9(h)..................  Notification of         Yes.
                                   compliance status.
Sec.  63.9(i)..................  Adjustment of           Yes.
                                   submittal deadlines.
Sec.  63.9(j)..................  Change in previous      Yes.
                                   information.
Sec.  63.10(a).................  Recordkeeping/          Yes.
                                   reporting
                                   applicability.

[[Page 400]]

 
Sec.  63.10(b)(1)..............  General recordkeeping   Yes............................  Sec. Sec.  63.8820
                                   requirements.                                            and 63.8822 specify
                                                                                            additional
                                                                                            recordkeeping
                                                                                            requirements.
Sec.  63.10(b)(2)(i)-(xi)......  Records related to      Yes............................  Only applies to new
                                   startup, shutdown,                                       or reconstructed
                                   and malfunction                                          flame lamination
                                   periods and CMS.                                         affected sources.
Sec.  63.10(b)(2)(xii).........  Records when under      Yes.
                                   waiver.
Sec.  63.10(b)(2)(xiii)........  Records when using      No.............................  Applies only to
                                   alternative to                                           sources with CEMS.
                                   relative accuracy
                                   test.
Sec.  63.10(b)(2)(xiv).........  All documentation       Yes
                                   supporting initial
                                   notification and
                                   notification of
                                   compliance status.
Sec.  63.10(b)(3)..............  Recordkeeping           Yes.
                                   requirements for
                                   applicability
                                   determinations.
Sec.  63.10(c).................  Additional              Yes............................  Applies as modified
                                   recordkeeping                                            by Sec.
                                   requirements for                                         63.8794(g).
                                   sources with CMS.
Sec.  63.10(d)(1)..............  General reporting       Yes............................  Sec.  63.8818
                                   requirements.                                            specifies additional
                                                                                            reporting
                                                                                            requirements.
Sec.  63.10(d)(2)..............  Performance test        Yes                              .....................
                                   results.
Sec.  63.10(d)(3)..............  Opacity or visible      No.............................  Subpart MMMMM does
                                   emissions                                                not specify opacity
                                   observations.                                            or visible emission
                                                                                            standards.
Sec.  63.10(d)(4)..............  Progress reports for    Yes.                             .....................
                                   sources with
                                   compliance extensions.
Sec.  63.10(d)(5)..............  Startup, shutdown, and  Yes............................  Only applies to new
                                   malfunction reports.                                     or reconstructed
                                                                                            flame lamination
                                                                                            affected sources.
Sec.  63.10(e)(1)..............  Additional CMS          Yes............................  Applies as modified
                                   reports--general.                                        by Sec.
                                                                                            63.8794(g).
Sec.  63.10(e)(2)(i)...........  Results of CMS          Yes............................  Applies as modified
                                   performance                                              by Sec.
                                   evaluations.                                             63.8794(g).
Sec.  63.10(e)(2)..............  Results of continuous   No.............................  Subpart MMMMM does
                                   opacity monitoring                                       require the use of
                                   systems performance                                      COMS.
                                   evaluations.
Sec.  63.10(e)(3)..............  Excess emissions/CMS    Yes............................  Only applies to new
                                   performance reports.                                     or reconstructed
                                                                                            flame lamination
                                                                                            affected sources.
Sec.  63.10(e)(4)..............  Continuous opacity      No.............................  Subpart MMMMM does
                                   monitoring system                                        not require the use
                                   data reports.                                            of COMS.
Sec.  63.10(f).................  Recordkeeping/          Yes                              .....................
                                   reporting waiver.
Sec.  63.11....................  Control device          No.............................  Facilities subject to
                                   requirements--applica                                    subpart MMMMM do not
                                   bility.                                                  use flares as
                                                                                            control devices.
Sec.  63.12....................  State authority and     Yes............................  Sec.  63.8828 lists
                                   delegations.                                             those sections of
                                                                                            subparts MMMMM and A
                                                                                            that are not
                                                                                            delegated.
Sec.  63.13....................  Addresses.............  Yes.                             .....................
Sec.  63.14....................  Incorporation by        Yes............................  Subpart MMMMM does
                                   reference.                                               not incorporate any
                                                                                            material by
                                                                                            reference.
Sec.  63.15....................  Availability of         Yes.
                                   information/
                                   confidentiality..
----------------------------------------------------------------------------------------------------------------



[[Page 401]]



                              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 403]]



                    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 404]]

      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 405]]

     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 406]]

         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 407]]

    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 408]]

                      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 409]]

                 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 410]]

      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 411]]

         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 412]]

      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 413]]

       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 414]]

       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 415]]

        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 416]]

             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 417]]

       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 418]]

                       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 419]]

        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 420]]

        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 421]]

         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 423]]





           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 424]]

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 425]]

  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 426]]

  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 427]]

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 428]]

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 429]]

  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 430]]

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 431]]

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 432]]

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 433]]



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

  (No regulations published from January 1, 2001, through July 1, 2001)

                                  2002

40 CFR
                                                                   67 FR
                                                                    Page
Chapter I
63 Authority delegation notice..............................48036, 70170

                                  2003

40 CFR
                                                                   68 FR
                                                                    Page
Chapter I
63.7180--63.7195 (Subpart BBBBB) Added.............................27925
63.7280--63.7352 (Subpart CCCCC) Added.............................18025
63.7283 (b) corrected..............................................19885
63.7780--63.7852 (Subpart FFFF) Added..............................27663
63.7880--63.7957 (Subpart GGGGG) Added.............................58190
63.7980--63.8105 (Subpart HHHHH) Added.............................69185
63.7995 (b) corrected..............................................75033
63.8180--63.8266 (Subpart IIIII) Added.............................70928
63.8380--63.8515 (Subpart JJJJJ) Added.............................26722
63.8395 (b) corrected..............................................31744
63.8530--63.8665 (Subpart KKKKK) Added.............................26738
63.8545 (b) corrected..............................................31744
63.8680--63.8698 (Subpart LLLLL) Added.............................22991
    Correctly added................................................24577
63.8780--63.8830 (Subpart MMMMM) Added.............................18070

                                  2004

40 CFR
                                                                   69 FR
                                                                    Page
Title 40 Nomenclature change.......................................18803
Chapter I
63.6580--63.6675 (Subpart ZZZZ) Added; eff. 8-16-04................33506
63.7080--63.7143 (Subpart AAAAA) Added...............................416
63.7290 (a)(4), (b) introductory text and (3) revised; (b)(4) 
        added......................................................60818
63.7300 (c)(1) amended; (c)(1)(i) and (ii) added...................60818
63.7323 (d) redesignated as (e); new (d) added; (c), new (e) 
        introductory text and (3) revised..........................60818
63.7326 (a)(1)(iii), (4)(i) and (ii) revised; (a)(4)(iii) and (5) 
        added......................................................60819
63.7330 (d) and (e) revised; (f) added.............................60819
63.7331 (i) redesignated as (j); (g), (h) and new (j) introductory 
        text revised; new (i) and (k) added........................60819
63.7333 (d) and (e)(2) revised; (h) added..........................60819
63.7480--63.7575 (Subpart DDDDD) Added.............................55253
63.7680--63.7765 (Subpart EEEEE) Added.............................21923

[[Page 434]]

                                  2005

40 CFR
                                                                   70 FR
                                                                    Page
Chapter I
63 Actions on petitions............................................69655
63.7300 Regulation at 69 FR 60818 withdrawn in part.................1671
    (c)(1) amended.................................................44289
63.7322 (b)(2) revised.............................................44289
63.7507 Revised....................................................76933
63.7480--63.7575 (Subpart DDDDD) Appendix A amended................76933
63.7700 (a), (b), (c)(1) introductory text and (3)(i) revised; 
        eff. 8-18-05...............................................29404
63.7735 (a) revised; eff. 8-18-05..................................29404
63.7765 Amended; eff. 8-18-05......................................29404
63.7995 (c) removed; eff. 7-12-05..................................25681
63.8000 (b)(1), (c) heading and (d)(1) revised; eff.7-12-05........25681
63.8005 (a) revised; eff. 7-12-05..................................25681
63.8015 (b) revised; eff. 7-12-05..................................25681
63.8050 (c)(1)(ii) amended; (c)(3) revised; eff. 7-12-05...........25682
63.8055 (b) revised; eff. 7-12-05..................................25682
    Regulation at 70 FR 25682 withdrawn in part....................38780
    (b)(4) added...................................................75927
63.8105 (g) amended; eff. 7-12-05..................................25682
63.7980--63.8105 (Subpart HHHHH) Table 1 amended; eff. 7-12-05.....25682
    Tables 7 and 8 amended; eff. 7-12-05...........................25683
63.8681 (e) redesignated as (f); new (e) added; eff. 8-15-05.......28364
63.8687 (e)(1) and (2) revised; eff. 8-15-05.......................28364
63.8698 Amended; eff. 8-15-05......................................28364
63.8380--63.8697 (Subpart LLLLL) Table 5 Footnote a amended........28365

                                  2006

40 CFR
                                                                   71 FR
                                                                    Page
Chapter I
63 Policy statement.........................................17712, 17720
63.6640 (c) removed; (d) amended...................................20467
63.6675 Amended....................................................20467
63.7100 (e) revised................................................20467
63.7121 (c) removed; (d) amended...................................20467
63.7185 (c) amended................................................20467
63.7187 (d) removed................................................20467
63.7310 (c) revised................................................20467
63.7336 (b) introductory text removed; (b)(1) revised..............20467
63.7491 (c) revised................................................70660
63.7505 (e) revised................................................20467
63.7510 (a) revised................................................70660
63.7522 (b) through (f) revised; (h) through (k) added.............70660
63.7525 (a) introductory text and (1) revised......................70662
63.7540 (a)(9) and (d) amended; (c) removed........................20467
    (a)(4) revised.................................................70662
63.7541 (a) introductory text, (2) and (b) revised; (a)(5) added 
                                                                   70662
63.7575 Amended....................................................70662
63.7480--63.7852 (Subpart DDDDD) Table 6 revised...................70663
63.7720 (c) amended................................................20468
63.7480--63.7575 (Subpart DDDDD) Table 10 amended..................20468
63.7746 (b) introductory text removed; (b)(1) revised..............20468
63.7783 (a) revised................................................39585
63.7790 (b)(3) revised.............................................39585
63.7800 (b) introductory text amended; (b)(4) introductory text 
        and (vi) revised; (b)(5) redesignated as (b)(7); new 
        (b)(5) and (6) added.......................................39585
63.7810 (c) revised................................................20468
63.7821 Revised....................................................39586
63.7823 (e) added..................................................39586
63.7824 (b) introductory text amended; (c) removed; (d) through 
        (g) redesignated as (c) through (f); (b)(1), new (c) 
        introductory text, (3), (d) introductory text, (e) 
        introductory text and (4) revised..........................39586
63.7825 (a)(2), (3) and (b) revised; (a)(4) removed................39586
63.7826 (b)(1) revised.............................................39586
63.7830 (b), (d), (e)(1) and (2) revised...........................39586
63.7831 (a) introductory text, (5), (6), (f) introductory text, 
        (h) introductory text and (4) revised; (a)(7) and (8) 
        added......................................................39587
63.7833 (c), (d) introductory text, (e) introductory text, (1), 
        (f)(1)(i) and (2)(i) revised; (d)(4), (e)(3) and (g) added
                                                                   39587
63.7834 (a) revised................................................39588
63.7835 (b) introductory text removed; (b)(1) revised..............20468

[[Page 435]]

    (a) amended....................................................39588
63.7851 (c)(2) revised.............................................39588
63.7852 Amended....................................................39588
63.7780--63.7852 (Subpart FFFFF) Table 1 amended...................39588
    Table 2 amended................................................39589
    Table 3 amended................................................39590
    Table 4 amended................................................39591
63.7881 (a)(3) and (c) revised.....................................69016
63.7884 Revised....................................................69016
63.7886 (b)(2) revised.............................................69017
63.7887 Revised....................................................69017
63.7890 (b)(2) revised.............................................69017
63.7893 (b) introductory text revised..............................69017
63.7896 (b)(2) revised.............................................69017
63.7898 (e)(2) revised.............................................69017
63.7913 (c) introductory text revised..............................69017
63.7915 (c)(2) revised.............................................69018
63.7917 (c) revised................................................69018
63.7918 (d) and (e) introductory text revised......................69018
63.7927 (b)(3) revised.............................................69018
63.7928 (b)(6), (7) and (c) introductory text revised..............69018
63.7935 (c) revised; (d) removed; (f) amended......................20468
    (c) and (f) revised............................................69018
63.7880--63.7957 (Subpart GGGGG) Table 3 amended...................20468
    Table 1 revised................................................69020
    Table 3 amended................................................69021
63.7937 (c)(2) and (4)(ii) revised.................................69018
63.7938 (b)(2) and (c)(4)(ii) revised..............................69018
63.7940 (c) revised................................................69019
63.7941 (c) and (g) revised; (h) removed...........................69019
63.7943 (a), (b) introductory text, (1) introductory text, (3) and 
        (c) introductory text revised..............................69019
63.7950 (c) revised................................................69019
63.7956 (c) introductory text revised..............................69019
63.7957 Amended....................................................69019
63.7980--63.8105 (Subpart HHHHH) Table 10 amended..................20468
63.7985 (d) introductory text revised; (d)(5) added................58503
63.7995 Introductory text added....................................58503
63.8090 (c) added..................................................58503
63.8105 (g) amended................................................58503
63.8226 (b) revised................................................20469
63.8248 (b) introductory text removed; (b)(1) revised..............20469
63.8395 (b) correctly amended; CFR correction......................36014
63.8420 (c) revised................................................20469
63.8470 (d) removed; (e) amended...................................20469
63.8545 (b) correctly amended; CFR correction......................36014
63.8570 (c) revised................................................20469
63.8620 (d) removed; (e) amended...................................20469
63.8685 (c) revised................................................20469
63.8691 (c) removed; (d) amended...................................20469
63.8680--63.8698 (Subpart LLLLL) Table 7 amended...................20469
63.8794 (e) revised................................................20470
63.8812 (c) removed; (d) amended...................................20470

                                  2007

                   (No regulations published in 2007)

                                  2008

40 CFR
                                                                   73 FR
                                                                    Page
Chapter I
63.6580 Revised.....................................................3603
63.6585 Introductory text revised; (c), (d) and (e) added...........3603
63.6590 (a) and (b) revised; (c) added..............................3604
63.6595 (a) and (b)(2) revised......................................3604
63.6600 Revised.....................................................3605
63.6601 Added.......................................................3605
63.6610 Heading, (a), (b) and (c) revised; introductory text added
                                                                    3605
63.6611 Added.......................................................3605
63.6625 (d) added...................................................3606
63.6640 (e) revised.................................................3606
63.6645 Revised.....................................................3606
63.6665 Revised.....................................................3606
63.6675 Amended.....................................................3607
63.6580--63.6675 (Subpart ZZZZ) Tables 1a and 1b revised............3607
    Tables 2a and 2b revised........................................3608
    Table 4 revised.................................................3609
    Table 8 revised.................................................3610
63.7184 (b) and (c) revised; (f) added.............................42532
63.7195 Amended....................................................42532
63.7681 Amended.....................................................7218
63.7690 (a) introductory text, (2), (7), (11)(i), (ii) and (b)(1) 
        introductory text revised...................................7218

[[Page 436]]

63.7700 (b) and (c)(2) amended; (c)(1)(i), (ii), (3)(iii) and 
        (e)(1) revised..............................................7218
63.7710 (b) introductory text amended...............................7218
63.7731 (a) amended.................................................7219
63.7732 (a), (b) introductory text, (4), (5), (c) introductory 
        text, (2), (4), (5), (d) introductory text, (2), (e)(3), 
        (f)(2)(ix), (3), (g)(1)(v), (2), (4), (h)(2)(ii), (3)(ii) 
        and (iii) revised; Equations 1 through 5 redesignated as 
        Equations 3 through 7; (b)(6), (c)(6) and (i) added; 
        (d)(1) amended..............................................7219
63.7733 (b)(2), (c)(2) and (d)(2) revised...........................7221
63.7734 (a) introductory text, (2)(ii), (7) and (11) revised; 
        (a)(2)(iii) and (iv) added..................................7221
63.7740 (b) revised; (c) through (g) redesignated as (d) through 
        (h); new (c) added..........................................7221
63.7741 (a)(1)(iv), (2)(i), (iii), (iv), (vi), (b) introductory 
        text, (c)(1)(iii), (iv), (vi), (2)(iv), (d)(8) and 
        (e)(2)(iv) revised..........................................7221
63.7743 (a) introductory text amended; (a)(2)(ii), (7), (c) 
        introductory text, (1) and (ii) revised; (a)(2)(iii) and 
        (iv) added..................................................7222
63.7750 (e) introductory text amended...............................7222
63.7751 (c) revised.................................................7222
63.7752 (a)(4) revised..............................................7222
63.7765 Amended.....................................................7222
63.7680--63.7765 (Subpart EEEEE) Table 1 amended....................7223
63.7880--63.7957 (Subpart GGGGG) Table 3 amended...................78216
63.7980--63.8105 (Subpart HHHHH) Table 10 amended..................78216

                                  2009

                   (No regulations published in 2009)


                                  [all]